Pennsylvania Injury Lawyer Blog

According to an article published by Reuters on October 28, a revised class action lawsuit against Toyota regarding sudden acceleration problems in certain Toyota motor vehicles claims that Toyota secretly purchased vehicles with speed-control defects from consumers in the United States.

The lawsuit claims it was a part of a plan to conceal the unintended acceleration problems in certain Toyota vehicles from both the public as well as safety regulators. The new lawsuit is over 700 pages long, not including hundreds of additional pages of exhibits. It was filed on October 27 in the United States District Court in Santa Ana, California.

The revised lawsuit also asserts that the repurchasing transactions included confidentiality agreements that strictly prohibited consumers from suing the auto manufacturer in addition to forbidding them from revealing the problem to anyone else. However, the lawsuit does not contain any documentation of the supposed confidentiality agreements, but the attorney for the plaintiffs claims that consumers told him about them.

Alarmingly, the new complaint also alleges that internal records at Toyota document occurrences in which technicians were able to replicate similar acceleration-control problems like the ones consumers reported. It also accuses the company of having at least one exact case of sudden unintended acceleration which was then hidden instead of reported to auto safety regulators. Allegedly, there are field reports where technicians were able to replicate unintended acceleration in Toyota Camrys in facilities in Hong Kong between 2006 and 2010, according to the lawsuit. The lawsuit accuses Toyota of failing to install brake override systems that could potentially have prevented the fatal accidents that may have stemmed from the sudden acceleration problem.

Toyota has acknowledged in a statement that, in the past, it had repurchased Toyota vehicles from consumers who had complaints of sudden unintended acceleration, but argues that it did so to conduct “further engineering analysis” on the motor vehicles. The company also declares that their technicians have never been able to duplicate the alleged acceleration problems, and did not find any related conditions in their motor vehicles that they repurchased from consumers. Toyota asserts that consumers selling their cars back to Toyota were asked but not required to sign a “settlement agreement” that did not contain a confidentiality requirement, but did include a liability release.

It is the responsibility of auto manufacturers to produce safe motor vehicles for the public and recall vehicles quickly if they are proven to be unsafe. If you have been injured in a car accident that involved a defective car, you have legal rights and should consult with a Philadelphia defective car injury lawyer.

Far too many of us are quick to view hard hits during NFL football games as replay opportunities glorifying highlights of a well-played game. However, with athletes and parents of athletes hearing about the tragic football accident that killed a 15-year-old high school boy, concern has mounted regarding concussions and their potentially life-threatening risks as well as how the NFL portrays aggressive hits.

The Philadelphia Inquirer reported on September 1 that the Upper Darby, PA teenager’s head struck another football player’s knee during practice. Even though the young teen was wearing a helmet (and pads), he went into a coma before succumbing to his head injury. According to the article, the young boy was not breathing and had no pulse when police and paramedics arrived at Upper Darby High School in Pennsylvania.

The Los Angeles Times reports on the recent Sports Illustrated special edition covering concussions. The story also addresses the NFL’s decision to fine and even potentially suspend players who are determined to have inflicted deliberately dangerous hits upon other players.

One of the most striking aspects of football-related hits covered in Sports Illustrated centers around a study conducted by researchers at Purdue University. The working memory and visual memory, which are both cognitive skills crucial to learning, of 23 members of Jefferson High School’s football team in Indiana were analyzed in relation to the types of hits they received. It was determined that players who seemed to be the most affected were not the individuals who received the hardest and most flagrant hits. Instead, players who seemed to be the most affected were the ones who took the greatest number of milder hits.

The study also revealed that players sustaining high speed and powerful blows to the head did not display the medical criteria for diagnosing a concussion. This raises concern as to potentially serious head injury and damage that may go overlooked or undetected. It is shocking that we are only beginning to understand the tip of the iceberg when it comes to the effects of blows to the head during sport activities, even when blows to the head are considered to be minor.

With approximately 1.1 million high school football players, and 3 million younger kids participating in tackle football, athletes and parents of athletes must be on high alert for ways to ensure safety and well-being. If you or your child has sustained a serious head injury that you believe was caused by another person’s negligence, contact the Pennsylvania brain injury attorneys at Anapol Schwartz for information regarding your legal rights and options.

If you ask the drug makers if Fosamax is bad for women, you will probably get a different answer than if you ask the women who have suffered serious side effects and injury consequences from taking Fosamax.

No prescription or over-the-counter drug is foolproof as far as side effects. But when thousands of women start talking to lawyers and start filing lawsuits, then you have to question whether or not Fosamax is bad for women.

Let’s consider the reasons why women are filing Fosamax lawsuits:

• Esophagus cancer: Merck & Co., the makers of Fosamax have responded defensively saying the risks are minimal as compared to the benefits. Tell that to the women and the families of women who have suffered or died from the complications of esophagus cancer.


• Jawbone death: While Fosamax is touted as building bone mass, it’s causing long-term prescription drug takers to develop eroding jawbones. Imagine going to the dentist for oral surgery only to develop an infection because your jawbone is not healing.


• Thigh bone fractures: Though rare, women who have been taking Fosamax for 3 to 5 or more years are suffering thigh bone or femur fractures. Their bones have become brittle from long-term use and could hear their bones crack before hitting the ground.

Could Fosamax be another hormone replacement therapy debacle? Remember HRT was given to post-menopausal women. It was as expected as motherhood and apple pie to be prescribed HRT. Finally the FDA announced that HRT was found to cause breast cancer and heart attacks.

How much risk should women have? Is Fosamax bad for women?

If you have been harmed from Fosamax, please contact Anapol Schwartz law firm to find out what legal action you can take. You may be eligible for a Fosamax injury lawsuit.

A 23-year-old Bridgeton resident was fatally injured in a hit-and-run accident while riding his motorcycle. NBC Philadelphia reports that the fatal Philadelphia motorcycle accident occurred near the intersection of North Laurel and Charles streets the night of October 8. Authorities believe a truck driver caused the crash when he ran a stop sign and hit the motorcyclist. The truck, which had two occupants and a South Carolina license plate, fled the scene of the Pennsylvania motorcycle crash. Authorities are asking for assistance from anyone who may know more about the motorcycle accident or the whereabouts of the two hit-and-run suspects.

Pennsylvania law requires drivers involved in motor vehicle accidents to stop and remain at the scene of the crash. Pennsylvania Vehicle Code Section 3742 (a) states: “The driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid).”

The family of a Pennsylvania auto accident victim may seek compensation for their losses by filing a wrongful death claim against the at-fault or negligent driver. If the hit-and-run driver is not found, compensation may still be available through the uninsured motorist clause of the family's own auto insurance policy.

If you or a loved one has been injured in a Philadelphia motor vehicle collision, please contact an experienced Philadelphia auto accident lawyer at Anapol Schwartz for a free and comprehensive consultation. We understand the financial and emotional burden the sudden and tragic loss of a loved one can place on a family. Call our offices at 866-735-2792 right away to discuss your legal rights and options.

Approximately 2 million infant strollers are being recalled by Graco after the company received reports that four infants died in the strollers. The Consumer Product Safety Commission (CPSC) announced the recall on October 20, 2010, and said the four infants were killed after becoming trapped inside the strollers and being strangled.

According to an NPR report, the strollers included in the recall are older models of the Graco Quattro Tour and MetroLite strollers and travel systems. These were manufactured before 2007 and distributed by Graco Children's Products Inc. of Atlanta, GA.

The CPSC says that if babies are not correctly strapped into the strollers, they may be put in danger of becoming trapped and suffering strangulation by sliding through an opening between the stroller tray and the bottom of the seat. The commission also noted having received five reports of infants becoming caught in the stroller and suffering cuts and bruises, and one report of an infant having trouble breathing.

Consumers can contact Graco at (877) 828-4046 or visit their website at www.gracobaby.com for additional information.

As products liability attorneys, we always want to take the necessary steps to ensure that consumers are using products that will not pose any risk of injury or death. With the announcement of the Graco stroller recall, hopefully no other children will suffer injuries or death. Get in touch with our experienced defective stroller recall injury lawyers by calling 866-735-2792 for a free consultation and find out how we can help. We look forward to providing advice for your case.

A 14-year-old girl was killed in a fatal train accident in southwest Philadelphia near the 49th Street Station on the morning of October 8, according to ABC News. Authorities are investigating how the train crash occurred, but they do not believe that it was a suicide.

Railroad employees and train operators must exercise care and diligence to protect the safety of their passengers. Railroad companies are legally obligated to make sure their equipment is properly maintained and that employees are not negligent in their duties. Most transit authorities do not allow their engineers and conductors to operate mobile communications devices on the job. Crossing gates must be in working order and placed in areas where pedestrians and vehicles may cross over the tracks.

Anyone who has been injured or who has lost a loved one in a Pennsylvania train crash would be well-advised to contact an experienced personal injury attorney to determine fault and liability. If you or a loved one has been seriously injured in a train accident, a PA personal injury lawyer at Anapol Schwartz can help. We will fight for your rights and ensure that you receive fair compensation for all your injuries, damages and losses. We do not charge any fees until we recover compensation for you. Call us today at 866-735-2792 to find out how we can help.

According to the U.S. Food and Drug Administration (FDA), the warnings and precautions section of labels for drugs treating osteoporosis will be changing. The change will describe the risk of subtrochanteric and diaphyseal femur fractures for patients who take bisphosphonates to treat osteoporosis. Fosamax bottles will reflect this addition, as will other medications such as Actonel, Boniva, Atelvia, and Reclast (and their respective generic products). The FDA will also require pharmacies and doctor’s offices to give patients a medication guide when they pick up their prescription for a bisphosphonate product.

Fosamax has been linked to the deterioration of other bones besides the femur in the body, such as the mouth and jaw. Millions of women have been prescribed this bisphosphonate product; and there is now evidence that shows osteoporosis patients prescribed Fosamax are likely to suffer femur fractures. A report from the American Society of Bone and Mineral Research studied 310 osteoporosis patients that suffered a rare femur fracture, such as subtrochanteric and diaphyseal fractures, and found that 94 percent of them had been taking a bisphosphonate drug, such as Fosamax. These types of femur fractures are very uncommon, accounting for less than one percent of all hip and femur fractures. While it is not clear if bisphosphonate products such as Fosamax are the cause of these rare femur fractures, patients taking bisphosphonate products are among those that predominantly report them.

The FDA recommends that healthcare professionals stop prescribing antiresorptive medications, including bisphosphonates, in patients who show risk of femur fractures.

The Fosamax lawyers at Anapol Schwartz can help those adversely affected by the dangerous drug and can help them obtain compensation for their injuries.

Recently, Tracy Davidson from NBCPhiladelphia sat down with Miriam Benton Barish, a personal injury lawyer from the firm of Anapol Schwartz, to discuss recalled children’s toys. Barish has years of experience handling product liability litigation.

Generally, a toy is only known to be defective, and then recalled, if a child is hurt. Each year, hundreds of children’s products are recalled. There have already been some significant defective child product recalls this year, such as the Fisher-Price recall, where over 10 million Fisher-Price products were recalled; and the Alexander drop-side cribs recall of over 10,000 cribs sold at JC Penny.

Just because a toy is recalled doesn’t mean a child won’t have access to it. There are many cases of children being injured from toys after they have been recalled. The defective toys aren’t always removed from doctor’s offices or from stores after it has been recalled.

Keeping up with what toys or children’s products are recalled can be difficult. Barish recommends parents visit the U.S. Consumer Product Safety Commission (CPSC) website often to learn the latest in child product recalls. She also recommends signing up to receive email alerts from the CPSC to stay informed.

Barish also advises parents to register each toy they purchase for their children with the manufacturer. Registering a toy guarantees the manufacturer has contact information for their consumers, and if the situation arises where they need to notify consumers of any defects of any of their products, they can do so quickly.

When asked by Davidson to give the best advice to parents about to begin holiday shopping, Barish advised parents to be mindful of the age appropriateness of a toy and to follow the manufacturer’s guidelines. She also told parents to stick with what’s tried and true—often, kids want the hot new “toy of the moment” but these toys may not have really been tested. Barish urged parents to stick with what they were familiar with to ensure their child’s safety.

To watch the video in its entirety, please visit NBCPhiladelphia.com.

If your child has suffered injuries from a defective or recalled children’s product, please contact the skilled Philadelphia dangerous toy lawyers at Anapol Schwartz for a free consultation and case evaluation. Call us today at 866-735-2792.

The Pennsylvania personal injury law firm of Anapol Schwartz represented injured clients in 39 out of 200 cases recently settled by drug maker Bayer over its dangerous drug Trasylol. The Legal Intelligencer reports that plaintiffs in these pharmaceutical liability lawsuits against Bayer alleged that the drug, which was meant to control bleeding during heart surgery, caused serious personal injuries to patients, including kidney failure and fatal heart problems.

Anapol Schwarz settled the 39 cases for $19.9 million, which amounts to an average settlement of $510,000. James Ronca, a lawyer with Anapol Schwartz, co-led the plaintiffs’ counsel for the Trasylol multi-district litigation. The settlement was reached without admission of liability from Bayer.

Trasylol was approved in 1993 by the U.S. Food and Drug Administration to help curb blood loss for patients undergoing high-risk open heart surgery. The sale of this drug generated close to $200 million annually for Bayer. Three studies released in 2006 and 2007 raised serious concerns about the incidence of kidney failure or death from the use of Trasylol. A review by the FDA yielded similar results, leading the agency to issue a warning in 2006. Bayer suspended marketing the drug in November 2007.

Drug makers, pharmacists and doctors all have a duty to make sure that the drugs they manufacture and prescribe to patients do not cause injury or harm. Most drugs have some type of side effect. However, there are some drugs, such as Trasylol, that have the potential to cause long-term damage or even death. Although the FDA plays a regulatory role in approving and monitoring drug safety, ultimately, it is the drug maker who is liable for any injuries caused by their products.

If you or a loved one has suffered major injuries from taking dangerous or defective drugs, please contact the Philadelphia product liability lawyers at Anapol Schwartz for a no-cost consultation and case evaluation. Our track record of successfully representing injured clients speaks for itself. Please call us at (866) 735-2792 to find out how we can help.

An auto accident in Pennsylvania involving a school bus and pickup truck caused several injuries, The Pottstown Mercury reports. Officials say the accident happened in Greensburg, 30 miles east of Pittsburgh, when the school bus struck the pickup truck almost head-on, went off the roadway and slammed into a tree. The number or extent of the injuries for the motorists and their passengers is not known.

Pennsylvania school bus accidents can lead to devastating injuries. Hopefully, no one was seriously injured in this bus crash. When a school bus accident occurs as a result of the bus driver's negligence, the injured victims can file a personal injury claim against the driver and his or her employer, the bus operator. In some cases, the school district can also be held liable.

An experienced Pennsylvania school bus accident lawyer will be able to analyze all aspects of an incident and determine fault and liability in such cases. Injured victims can seek compensation to cover medical expenses, hospital costs, pain and suffering and other related damages.

The skilled auto accident lawyers at Anapol Schwartz have handled a variety of accident cases, including school bus accidents. We have the resources, will and tenacity to go after negligent parties and fight for our client's rights. Call the Pennsylvania car crash lawyers at Anapol Schwartz at (866) 735-2792 for a free consultation and comprehensive evaluation of your case.

A Philadelphia Business Journal article reports that out of the five new law firm mergers for the third quarter in the United States, four were at least somewhat initiated to expand or fortify the geographic presence of the acquiring firm. Moreover, three of these mergers involved Philadelphia law firms who added on attorneys from smaller firms outside the area. In comparison to the 45 law firm mergers from 2009 to the third quarter, there have been 24 arrangements announced for 2010.

In reviewing the law firms who have participated in mergers, the article addresses the merger of Arizona-based Coben & Associates with the personal injury plaintiffs firm of Anapol Schwartz Weiss Cohan Feldman & Smalley, which is comprised of a team of 25 attorneys. Larry Coben will join the firm as a partner and is well-known for successfully handling brain and spinal cord injury cases in relation to defective products. While Mr. Coben relocates to Philadelphia, two associates from his previous firm will practice out of Anapol Schwartz’s new Scottsdale, AZ location.

Anapol Schwartz welcomes the opportunity and privilege to work with Mr. Coben as the firm continues to provide those injured by another’s negligence the legal counsel and representation that they need. To learn more about our firm, please visit http://www.anapolschwartz.com or call (866) 735-2792 for a free consultation about your specific personal injury case.

In what is being referred to as the biggest toy recall of the year, Fisher-Price is recalling about 7 million trikes, approximately 2 million infant toys, 1 million high chairs, and 120,000 cars and ramp ways. In addition to providing a complete list of all the recalled children products, a CBS News article notes that no deaths have been reported concerning the items. However, several children injuries have been reported.

The Consumer Product Safety Commission (CPSC) recall announcement states that fourteen models of the Fisher-Price Trikes and Tough Trikes toddler tricycles have caused 10 known injuries, including incidents involving six girls between the ages of 2 and 3 who had to seek medical attention after falling onto the plastic key that sticks out close to the front of the seat. In addition, seven models of infant activity centers with inflatable balls were recalled due to a choking hazard presented by a valve that can come off the item. There have been three reports of a child starting to choke on the valve and 46 reports of the valves falling off.

Also included in the massive child product recall are Fisher-Price high chairs, in which seven known incidents of children falling against pegs on the back legs have occurred, causing one child to suffer a tooth injury and requiring others to get stitches. Lastly, a potential choking hazard has led to the recall of Fisher-Price Little People Wheelies Stand ‘n Play Rampway toys because the wheels can come off of the cars.

The CPSC has advised parents to stop using the recalled products and to contact Fisher-Price for replacement and repair kits. While these children’s products are reported to have already been taken off the market, parents should still keep an eye-out for these items.

Manufacturers of children’s products, including toys, furniture, food, and other items, have the important responsibility of designing and creating products that are safe and free of any defect that could cause injury or death to a child. At Anapol Schwartz, our Philadelphia recalled toy injury attorneys have the resources and skills to help parents hold negligent manufacturers liable for their child’s injury or death due to a dangerous or defective product. Call us today at (866) 735-2792 for a free consultation.