Pennsylvania Injury Lawyer Blog

This past October, the U.S. Food and Drug Administration (FDA) announced via a press release a label change on drugs approved to treat osteoporosis. Information was required to be added to the Warnings and Precautions sections of the label for Fosamax, among other drugs. The change needed to communicate the risk of typical thigh fractures occurring in patients who take bisphosphonates for osteoporosis. It was also required for patients to receive a medication guide detailing the risks when picking up their prescription for the bisphosphonate product from the pharmacy or their doctor’s office.

Fosamax is a bisphosphonate product and has been linked to many serious side effects. Atypical thigh fractures known as subtrochanteric and diaphyseal femur fractures are rare, accounting for less than one percent of all femur and hip fractures. However, these unusual fractures have been widely reported in patients who have taken or are taking bisphosphonates. Other Fosamax side effects are esophageal cancer, osteonecrosis of the jaw (ONJ or dead jaw syndrome), inflammation of the esophagus, throat, and stomach, and various and sometimes severe muscle, joint, and bone pain, as well as other serious issues.

Over 20 million people have taken Fosamax since it was introduced to public markets in 1995 by Merck and Company, Inc. Numerous lawsuits and class actions have been brought against the drug manufacturer for damage it has caused patients who have taken Fosamax. The FDA recommends that patients whose doctors have prescribed them the bisphosphonate product continue to take their medication unless they are instructed to stop by their physician.

The Fosamax femur fracture attorneys at Anapol Schwartz have dealt with many significant unsafe drug lawsuits, including those that deal with diet drugs and popular pharmaceuticals. If you are considering filing a Fosamax lawsuit because of injuries you sustained while taking the bisphosphonate product, it would be in your best interest to consult with one of our Fosamax femur fracture lawyers to find out your legal rights and options. Call the Anapol Schwartz law firm today at 866-735-2792. We offer free consultations.

Recently, one of the attorneys at Anapol Schwartz was featured on Philadelphia Fox 29 to discuss the importance of toy safety and holiday shopping for parents. Now, new research released today shows the importance of keeping child safety in mind when purchasing toys for your child and monitoring their use of the product to prevent child injuries from occurring.

On November 18, the U.S. Consumer Product Safety Commission (CPSC) released a new report showing that there has been a significant decline in toy recalls since 2008. In the 2010 fiscal year, there were 44 toy recalls, which is down from 50 toy recalls in 2009 and 172 toy recalls in 2008.

The data in the CPSC report also shows that toy-related fatalities also decreased in 2009. The CPSC received reports of 12 children deaths (children under the age of 15) that year, which is down from 24 toy-related deaths in both 2007 and 2008. Most of these fatalities were from motor vehicle accidents, drowning, or airway obstruction from a small toy or a small part of a toy.

The CPSC attributes these declines to new toy safeguards that have been put into place, including: establishing low lead content and lead paint limits that are the lowest in the world; limiting the use of certain phthalates; creating a mandatory toy standard from a voluntary toy standard; and collaborating with the Customs and Border Protection systems to track product shipments in transit from around the world and thereby increasing the effectiveness in finding hazardous toy products imported into the U.S.

However, new statistics in the CPSC report show that injuries that are toy-related are increasing. In 2009, there were approximately 186,000 children treated in emergency rooms for injuries associated with toys, which is an increase from 152,000 such injuries in 2005.

To reduce child injuries this holiday season, the CPSC is encouraging parents to adopt what they are calling a “three-pronged safety approach.” First, they recommend parents chose age-appropriate toys for their children when purchasing holiday gifts. Second, they suggest parents purchase safety gear when shopping for sports-related items or toys such as bicycles or skates. Third, they advise parents to always be aware of their child and the surrounding environment when they are playing with toys, and avoid playing in or near hazardous areas such as roads, pools, and kitchens.

Parents of children injured by unsafe toys have a right to seek compensation for their child’s injuries and hold negligent toy manufacturers accountable for injuries their product caused. The Philadelphia unsafe toy attorneys at Anapol Schwartz have represented many children and their families in lawsuits involving toy manufacturers and will work hard to ensure their clients are adequately compensated. Call us today at 1-866-735-2792 if you believe you have an unsafe toy case. We can help you understand your legal options.

The U.S. Department of Transportation categorizes driver distractions into three groups: visual distractions, which cause a driver to take their eyes away from the road; manual distractions, which cause drivers to take their hands away from the steering wheel; and cognitive distractions, which cause drivers to take their minds away from what they’re doing.

According to experts, texting is the most endangering activity a driver can perform because it involves all three kinds of driver distractions. A recent opinion piece in The Huffington Post posed the question of whether driving with kids is more distracting to drivers than driving while texting.

Somewhat satirically, the author of the piece noted how he is distracted in all three driver distraction categories while driving with his infant daughter, who cries and throws her pacifier constantly. However, he raises a good point—one study found that 60 percent of parents who drove alone with their infant in a car seat in the backseat were “very distracted.” Roughly 80 percent worried it would lead to a traffic accident. The American Automobile Association (AAA) reported in 2001 that having young children in a motor vehicle was one of the leading causes for driver-distraction accidents for people between the ages of 20 and 29.

In the United States, 37, 423 people lost their lives in motor vehicle accidents in 2008. According to the U.S. Department of Transportation, almost 20 percent of crashes that year involved some sort of distraction. They report that almost 6,000 people died and more than half a million were injured in traffic accidents that involved a distracted driver.

While there aren’t statistics regarding accidents involving parents distracted by their children, it is understandable that children pose a distraction when they are occupants in motor vehicles. Parents need to be extra careful when driving with their children to ensure the safety of all motorists on the road.

Those injured in a Pennsylvania car accident by a distracted driver should consult with a Philadelphia auto accident lawyer to discuss their legal rights and options. At Anapol Schwartz, our injury attorneys have dedicated years to protecting the rights of accident victims. Call us today at 1-866-735-2792 for a free consultation.

A school bus with students onboard that was parked at the Maurice J. Moyer Charter Academy in Wilmington, Delaware was rear-ended by another school bus dropping off students the morning of November 17. According to ABC Local, 47 students from both buses were examined by paramedics. Nine students who complained of back and neck pain were taken to local hospitals for further treatment.

This school bus accident comes two weeks after another school bus accident in Delaware in which a bus crashed and flipped onto its side in Newcastle, injured thirty-seven students and a school aide.

Accidents involving students who are being transported for school-related events can be caused by distracted driving, inadequate vehicle maintenance, vehicle defects, poor road conditions, and other forms of negligence.

Parents of students injured in school bus accidents often feel angry that their child has been hurt in the hands of their school and can even feel overwhelmed regarding what should be done. School bus accident lawsuits are complex and may involve multiple parties that hold responsibility for the crash.

To ensure that your child is adequately compensated for their injuries and pain and suffering, you may want to contact a school bus accident attorney with years of experience handling these types of cases. At Anapol Schwartz, our personal injury law firm has helped many bus accident injury victims obtain compensation from negligent parties. If you would like to learn more about your rights and legal options, we welcome your call. Contact us today at 1-866-735-2792 for a free consultation. We can help.

According to the U.S. Consumer Product Safety Commission, there was a 21 percent increase in injuries caused by high chairs, strollers, cribs, and other nursery products in 2009 compared to 2008, as reported by online news outlet Bloomberg. There was an estimated 77,300 visits to the emergency room related to injuries from products marketed for children aged five and younger. In 2008, there were 63,700 such hospital visits.

Recently, attorney Larry Coben from the personal injury law firm of Anapol Schwartz was featured on Philadelphia Fox 29 to discuss toy safety when shopping during this holiday season. Mr. Coben has practiced law for over 30 years and has extensive experience representing children injured by toys.

When asked what he hears parents say they wish they had done differently to potentially prevent their child from suffering injury, Mr. Coben said parents regret not knowing how their child was going to use the toy that caused the injury. Parents need to think about how children could possibly misuse a toy by reading all the fine print in the instructions that accompanies a child product. Parents also need to make sure a toy is age appropriate for their child, and not buy a toy their child shouldn’t yet be playing with.

Mr. Coben notes that it takes manufacturers anywhere from six months to a year to realize a product needs to be recalled if injuries are reported, so there could potentially be toys on store shelves right now that are dangerous for children to use. Ultimately, the burden rests with the parents to pay attention when shopping for toys for their children to prevent injuries from occurring.

When purchasing a toy for a child under the age of four, Mr. Coben recommends taking the tube from a roll of toilet paper and seeing whether the product can pass through the tube. If it can, the toy could pose a choking danger to a child, and shouldn’t be given to them because it can potentially lead to death.

To view the news clip, click here.

If your child has been injured by a toy, consulting with an experienced personal injury attorney can help you determine whether you have a substantial child injury case. An attorney can also help you understand your legal rights and options.

According to the American Diabetes Association (ADA), in 2007, the most recent year that data is available, a total of 23.6 million people in the United States, including children, have diabetes, which is roughly 7.8 percent of the total population of the country. Diabetes has thus been termed “America's largest healthcare epidemic.”

Diabetes is a metabolic disease in which an individual has high blood sugar. This is because their body doesn’t produce sufficient quantities of insulin, or either because body cells don’t respond to the insulin that is being produced. If left untreated, diabetes can have serious complications, including hypoglycemia, nonketotic hyperosmolar coma, or diabetic ketoacidosis, all of which can result in death. Long-term complications can also arise from diabetes, including retinal damage, chronic renal failure, and various cardiovascular diseases. It is therefore crucial for those affected by diabetes to receive adequate treatment. However, when medications and devices that are given to diabetes patients to help treat their disease are inefficient, serious injury, illness, and even death can result.

In July of 2009, Medtronic, Inc., a medical technology company, announced a voluntary recall via the U.S. Food and Drug Administration (FDA) of certain Quick-set infusion sets used in conjunction with MiniMed Paradigm insulin pumps. An infusion set is a plastic pipe that delivers insulin to a diabetes patient from an insulin pump. Generally, it is replaced every three days.

Affected by the recall are infusion sets with reference numbers of MMT-396, MMT-397, MMT-398 and MMT-399 with lot numbers starting with 8. According to Medtronic, an estimated two percent of Quick-set infusion sets in lot 8, roughly 60,000 infusion sets of about the three million infusion sets on the market, may not properly work. The affected infusion sets may prevent insulin pumps from venting air pressure properly, potentially resulting in the insulin pump delivering either too much or too little insulin to diabetes patients, which could lead to serious injuries or even death.

Diabetes patients are advised to stop using Quick-set infusion sets from Lot 8 immediately. No other Medtronic devices or infusion sets were involved in this recall.

If you have been affected by a defective Quick-set infusion set or faulty insulin pump, contact the defective medical device attorneys at Anapol Schwartz to discuss your potential case. Call 866-735-2792 today for a free consultation.

Early morning of November 3, a school bus crashed and turned onto its side on 1-295 at Route 9 in New Castle, Delaware, at approximately 7 a.m., reports news outlet WPVI Philadelphia. The school bus contained students between the ages of 15 and 18 that were bound for Pencader Business and Finance Charter High School.

According to police officials, 37 students, as well as the school aide, received treatment for injuries they sustained in the bus crash at a local hospital. All have since been released. No students were injured seriously, school officials reported.

It appears as though the school bus driver was approaching the turn quickly, and his speed caused the bus to flip onto its side. Students were forced to exit the bus by using escape hatches on the bus’ roof since the rear exit door was blocked.

The bus driver faces at least one charge of driving at unsafe speeds. No other motor vehicles were involved in the school bus accident.

Since 1998, there have been approximately 414,400 motor vehicle accidents that have resulted in at least one fatality. Of those fatal crashes, about 34 percent were classified as being school transportation-related. According to the National Highway Traffic Safety Administration (NHTSA), 1,564 people have died in accidents that were school transportation-related in the United States since 1998. That’s an average of about 142 deaths every year. Sadly, these types of accidents generally involve children or teens, which makes them all the more tragic.

Thankfully, none of the students involved in this school bus crash were injured seriously. However, those injured in bus accidents can suffer severe and life-changing injuries. In those cases, medical expenses and hospital bills can be astronomically high, particularly if on-going treatment is needed. Those involved in school bus accidents should consult with a school bus crash attorney to learn more about their legal rights and options should they decide to pursue a case regarding a school bus crash.

There are many dog ownership laws in Pennsylvania. It is important for all dog owners to understand that Pennsylvania has strict liability for all damages involving dogs with a history of vicious behavior and in cases where a victim is severely injured. This means that if your dog causes serious injuries or has previously attacked someone, there is a good chance that you will be held liable for the resulting medical expenses and other damages suffered in the attack.

Pennsylvania defines serious injuries as broken bones or lacerations that require sutures or surgery. If your dog only causes minor injuries and has never attacked someone before, you may still be held liable for the medical expenses under Section 502 subdivision (b).

There are steps that a Pennsylvania dog owner can take to lessen the chances of being held liable for a dog attack. First, limit the amount of time you keep your dog outside. Secondly, when you walk your dog, always use a short leash. You never know what may upset or startle your dog. Finally, give your dog plenty of time and affection. Dogs that are neglected for long periods of time tend to acquire emotional issues.

If you have been injured in a dog attack, please contact the Harrisburg personal injury lawyers at Anapol Schwartz to get more information about pursuing your legal rights. Dog attacks can be extremely costly especially for victims in terms of medical expenses and lost wages. Please call us at 866-735-2792 to find out how we can help.

A 63-year-old Neshoba County man was fatally injured in a Philadelphia motorcycle accident when he drove off the side of the road. According to The Neshoba Democrat, the fatal Pennsylvania motorcycle crash occurred on northbound Mississippi 21 near Coy United Methodist Church. It is still unclear what made the motorcyclist veer off the road. It was initially believed the man may have suffered a heart attack, causing the fatal motorcycle crash, but an autopsy showed no evidence of a heart attack. He succumbed to severe injuries sustained in the Pennsylvania motorcycle crash.

There are many possible causes of a solo motorcycle accident. When someone is tragically killed in a solo Pennsylvania motorcycle crash, there are steps that a family can take to determine if they are able to pursue financial compensation for their losses. First, it is in the best interest of the family to preserve the vehicle as is for a full investigation. It is possible that a defective part may have caused the fatal motorcycle crash.

A knowledgeable Pennsylvania motorcycle accident lawyer will work with investigators and accident reconstruction experts to examine the vehicle and the location of the accident. Poorly maintained roadways cause many solo motorcycle accidents because motorcycles are vulnerable to dangerous conditions such as wet surfaces, uneven pavement and potholes. Defective brakes, faulty steering and poor tires have also been known to cause catastrophic motorcycle accidents. The manufacturers of faulty parts may also be held liable for the damage their products cause.

The Pennsylvania wrongful death attorneys at Anapol Schwartz have helped numerous families receive the financial compensation they need and deserve following an accident where a loved one was wrongfully killed. Compensation may be available for medical expenses, funeral costs, lost future wages and pain and suffering. We offer free consultations to all Pennsylvanians who have lost a loved one in an accident. Call us today at 866-735-2792 to obtain more information about pursuing your legal rights.

In a recent October issue of The Legal Intelligencer, Larry E. Coben discussed spinal cord and brain injuries in depth, as well as design defects in motor vehicles and helmets that allow such catastrophic injuries to occur in his article “Representing the Catastrophically Injured, Part I.” Coben has represented individuals who have been catastrophically injured or killed nationwide for over 35 years. He is also a shareholder and attorney with Anapol Schwartz.

The severity of head injuries is directly dependent on the rate, direction, and peak of acceleration of the brain and the head. While most head injuries occur in mere seconds, their impact can last a lifetime.

Motorists typically suffer spinal cord and brain injuries related to four aspects of car design:

• If the seat restraint system and “head strike zone” (the roof, windshield, and steering wheel) aren’t designed with head contact taken into account;


• If the seat belts and air bags are poorly designed, with seat belts that poorly restrain the head and upper torso and/or air bags that are inadequately sized and/or fail to deploy;


• If the seat backs fail, which occurs when the seat collapses or the height of the seat permits a motorist’s head to rotate backwards violently;


• If the interior aspects of the motor vehicle have inadequate attenuation, meaning if the instrument panel or roof header intrude into the “head strike zone” or are too stiff. These should be properly padded.

Regarding helmet design, unfortunately, many catastrophic and fatal injuries can be traced to lax standards of helmet testing. Many standards are outdated and permit companies to sell products that proclaim safety but only meet criteria that are obsolete. For example, the ANSI bicycle helmet standard hasn’t updated its testing in over ten years; while the NOCSAE football helmet test standard was adopted in 1973 and only involves a 14 mph or less velocity equivalent. Perhaps most shockingly is the FMVSS218 motorcycle helmet standard, which was implemented in the late 1960s and requires that motorcycle helmets pass an impact test of 400gs in a drop test, but with a velocity of less than 15 mph. Few motorcycle crashes occur at that low of speed.

Many victims of serious car, motorcycle, and bicycle accidents have a higher chance of survival than they did just 10 years ago, thanks to medical advances. However, this means there is a significant number of individuals who have suffered paralyzed spinal cords or serious brain damage, which results in the need for major medical expenses—sometimes projected to exceed $10 million or more for a victim’s lifetime. It is crucial for Philadelphia injury attorneys representing those severely injured to work to ensure their clients receive adequate compensation in order to be provided for.

Many osteoporosis drugs will now be required to change their warning labels to reflect the risk of atypical fractures of the thigh and femur. According to a FDA alert, osteoporosis drugs, also known as bisphosphonates, have been linked to rare types of femur fractures. A "subtrochanteric" fracture is a rare fracture of the thigh that is just below the hip joint. A "diaphyseal" femur fracture is when a fracture along the long part of the thigh bone.

While it is not clear if osteoporosis drugs are a direct cause of rare femur fractures, there have been enough reports linking the drugs to these fractures to require a change on the warning labels. The drugs included in this category are Fosamax, Actonel, Boniva and Atelvia. A complete list is available on FDA’s website.

Prescription drugs are meant to improve a patient's health and quality of life. Sadly, some drugs bring about more harm than good. In certain cases, drugs simply haven’t been tested enough for doctors to understand all of the potential side effects. Dangerous prescription drugs can cause catastrophic side effects, injuries or even death. Victims of unsafe drugs would be well-advised to contact a pharmaceutical liability attorney to examine their legal rights and options.

If you believe you have been harmed by a defective drug, please call the law offices of Anapol Schwarz at 866-735-2792 to discuss your unsafe drug case. Our Fosamax injury attorneys have decades of experience and a successful track record representing victims of dangerous and defective drugs. Call us today for a free consultation and comprehensive case evaluation.

Actonel is in a class of drugs known as bisphosphonates. Fosamax and Boniva are also in the similar class of drugs. There are other brands but these are the best known.

Actonel has serious side effects. Sometimes side effects are inconvenient but go away.

Actonel poses debilitating side effects that can last forever and further cause additional complications.Devastating Actonel side effects include:

• Esophagus cancer


• Jawbone death or jawbone that fails to heal


• Thighbone fractures


• Severe joint and muscle pain


• Atrial fibrillation or irregular heartbeat

Why does a drug like Actonel that is supposed to help women, hurt them so much?

In 2009, the drug makers tested a program to reimburse an insurer for the cost of treating non-spinal bone fractures among women who take the Actonel pill.

The move, meant to demonstrate confidence in the effectiveness of Actonel, happened as new U.S. competition appeared on the horizon from lower-priced generic forms of Merck & Co's rival Fosamax osteoporosis drug.

A venture between Procter & Gamble Co and Sanofi-Aventis, which makes and sells Actonel, said it would reimburse the average cost to treat fractures in women who correctly take Actonel but did not cover spinal fractures.

This plan was supposed to instill confidence, but does it? What is considered the average cost? Are there loopholes?

Have you suffered devastating side effects from taking Actonel?

Do you have an Actonel lawsuit?