Pennsylvania Injury Lawyer Blog

With summer fast approaching, the U.S. Consumer Product Safety Commission (CPSC) recently urged parents to follow several safety tips that can help prevent pool and spa accidents. Since January of this year, there have been reports of 37 drowning and 38 near-drowning incidents reported in the United States, most of which could have been avoided by following CPSC safety guidelines.

According to the CPSC, water safety can be classified into three categories: 1) Behavioral - actions that are associated with action and personal responsibility; 2) Equipment - actions that are associated with having proper barriers and safety equipment to prevent accidents, such as fences and drain covers; and 3) Knowledge - actions that are associated with knowing how to swim, knowing CPR, and other water safety-related activities. Safety tips encompassing all three categories should be followed.

The CPSC recommends that pool and spa owners adhere to the following safety tips to keep themselves, their family, and their visitors safe:

• A child should never be left unattended in a pool or spa and should always be monitored when they are close to a pool or spa;
• A phone should be kept close by whenever anyone is using a pool or spa;
• Children should be taught how to swim, as well as basic water safety;
• Children should be kept away from pool pipes, drains, and other openings to prevent entrapment;
• A pool or spa should be checked first if a child is missing to prevent drowning accidents;
• Learn how to perform CPR on both children and adults;
• A four-foot fence should be installed around a pool or spa;
• Be sure any pool or spa that is used has a compliant drain cover;
• Life-saving equipment such as floats or life rings should be close by for easy access; and
• Pool and spa covers should be maintained in good working order.

If your child has suffered any pool- or spa-related injury, contact the Philadelphia pool safety attorneys at Anapol Schwartz today. We can help you determine whether you have a valid claim against a negligent property owner as well as advise you on the best course of action for your specific situation. To learn how our lawyers can help you, call 1-866-735-2792 today.

PennLive.com reports that a 24-year-old male Northern York County police officer from Harrisburg, PA, was seriously injured in a truck accident on Interstate 83 on Monday morning, April 18, when he rear-ended a truck and then was rear-ended by a big rig.

According to the article, the officer was transporting a 22-year-old male DUI suspect to a local hospital for blood testing when he rear-ended a box truck close to the Locust Lane overpass in Manchester Township, PA, at approximately 2:30 a.m. About one minute later, the police cruiser was rear-ended by an 18-wheeler whose driver did not see the box truck and police cruiser accident. The cruiser was pushed underneath the box truck, trapping both the officer and the suspect inside. Both men were taken to a local hospital and were reported to have sustained serious injuries in the Pennsylvania truck crash. Neither the driver of the box truck nor the 18-wheeler was injured in the collision. At the time the article was written, the police officer remained at the hospital for treatment of his injuries. The truck accident is under investigation by Pennsylvania state police.

In Pennsylvania, there are many reasons why a big rig accident can occur. One of the most common reasons is that many truck operators drive while fatigued, which often happens if they are rushing to meet a tight delivery deadline and have been driving for a long period of time without intermission. While there are Pennsylvania big rig regulations in place that limit the number of hours a truck operator can drive cumulatively, oftentimes these rules are broken, putting all motorists on the road at risk of an accident.

If you or a loved one has been injured in a truck accident in Pennsylvania, contact the Philadelphia truck accident lawyers at Anapol Schwartz. For many years, we have helped injured victims recover the compensation they need from negligent parties following a serious truck accident. Call 1-866-735-2792 to learn more.

Recently, the Federal Motor Carrier Safety Administration (FMCSA) announced that the agency, aided by local and state law enforcement officials, carried out 2,782 unannounced inspections of passenger carrier vehicles over nine days. As a result, 289 unsafe drivers or buses were removed from service.

As part of the FMCSA’s ongoing work to enforce passenger carrier safety across the country, the surprise inspections started on March 28 and lasted until April 6 of this year. Out-of-service violation citations were issued to 262 vehicles and 156 drivers. In addition to these inspections, 95 full safety compliance reviews were conducted in order to determine the safety rating of commercial bus companies.

Previously, during March 12 through March 28, at least 3,000 passenger carrier safety inspections were conducted in the U.S., which resulted in close to 300 passenger vehicles being removed from service. The FMCSA has significantly increased the number of compliance reviews and safety inspections on the over 3,700 motor coach companies registered in the U.S., in part due to the Motorcoach Safety Action Plan implemented in 2009. In 2010, 25,703 roadside safety motorcoach inspections were conducted, which is more than double the 12, 991 inspections conducted in 2005. Compliance reviews of motorcoach companies also doubled from 457 in 2005 to 1,042 in 2010. Passenger deaths have declined 19 percent, from 57 fatalities in 2004 to 46 in 2009, in what seems to be a direct result of increased inspections and compliance reviews.

In an effort to reduce bus accidents and passenger fatalities, the U.S. Department of Transportation (DOT) has recommended that seat belts be required on buses as well as electronic recorders onboard to replace paper records of driver hours, which can be easily falsified. Additionally, commercial drivers were banned from using their cell phone when driving.

When someone is injured in a bus accident that is caused by another person’s negligence, they may be entitled to compensation. At Anapol Schwartz, our Philadelphia bus accident lawyers help injured victims and family members of those killed in Pennsylvania bus crashes understand the legal options available to them. To learn how we can help hold negligent parties accountable for their actions, call 1-866-735-2792.

In a previous blog post, we discussed the recent FDA announcement regarding new data linking Topamax and birth defects. We also explained cleft palate and cleft lip birth defects, which are collectively referred to as oral clefts, and how data suggests they are Topamax-caused birth defects. Topamax is used as anti-seizure medication for those who have epilepsy.

The severity of the Topamax oral birth defects can vary; ranging from a small notch on the infant’s lip to a groove running into the roof of their nose and mouth. Babies who are born with the cleft palate or cleft lip birth defect can have difficulty eating, talking, and may also have ear infections. Cleft palate treatment is available in which surgery is performed to close an infant’s lip and palate. After the cleft palate repair, most children do well.

According to the new data from the North American Antiepileptic Drug (AED) Pregnancy Registry, infants who are born to women taking Topamax had a 1.4 percent occurrence of oral clefts, which is significantly larger than the 0.38 percent – 0.55 percent occurrence in infants who were exposed to other antiepileptic drugs. Infants born to women who were not taking antiepileptic drugs only had an occurrence rate of 0.07 percent.

Based upon the new data, the FDA advises healthcare professionals to consider the risks and benefits of Topamax before prescribing it to women of childbearing age. They should also consider prescribing alternative medications with a lower risk of birth defects. The FDA has stated Topamax and its topiramate generic versions will have an updated, stronger warning on its prescribing information.

At Anapol Schwartz, our Topamax birth defect attorneys have a national reputation for successfully handling our clients' pharmaceutical liability claims. We are continuing to investigate Topamax and its effects on a woman’s first trimester of pregnancy. If you believe you have a valid Topamax lawsuit, please contact our law firm for a free consultation. Call 1-866-735-2792 today.

Lancaster Online reports that a school bus accident occurred in Lancaster, PA. According to the article, the accident occurred on Millersville Pike at approximately 7:23 a.m. when a sport utility vehicle collided with a school bus headed to the Lancaster Mennonite School. Pictures on Lancaster Online show the SUV rear-ended the bus. Officials report that there were middle and high school aged children on the bus at the time of the Pennsylvania school bus accident, and six students were injured. Some children were taken to Lancaster General Hospital for treatment of their injuries, which are reported to be minor.

The article does not disclose why the accident occurs, nor does it state possible factors.
One of the most common causes of vehicle accidents in the United States is distracted driving. According to the National Highway Traffic Safety Administration (NHTSA), 5,474 people were killed and an estimated 448,000 were injured in accidents in 2009 that were reported to involve distracted driving. Anytime a motorist takes their hands or eyes away from the steering wheel, they are putting themselves and all others on the road at great risk.

The NHTSA also reports that 1,564 people have lost their lives in school transportation-related accidents since 1998, with an average of about 142 deaths per year. Of the fatalities, about 8 percent were occupants of school transportation vehicles. Approximately 72 percent were occupants in other vehicles involved in the accidents, and nonoccupants such as pedestrians and bicyclists accounted for about 20 percent of the deaths. While school bus accidents are rare, their massive size and the lack of safety restraints can play a role in the severe or fatal injuries that occupants suffer as a result.

Anyone who has been injured in a bus accident caused by another motorist’s negligence may be able to receive compensation for hospital bills, ongoing medical treatment, lost wages, pain and suffering, and more. If you have been injured in a bus accident, contact the Pennsylvania bus accident lawyers at Anapol Schwartz to learn how we can help. We can help you understand our legal rights and help you conclude the best possible option for your specific case. Call our skilled attorneys today at 866-735-2792.

Philly.com reports a 28-year-old woman who was eight months pregnant was hit and killed by a motorcyclist in Philadelphia late Monday night, April 11. According to the article, the woman was walking home at approximately 9:30 p.m. when a motorcyclist traveling northbound struck her as she attempted to cross Roosevelt Boulevard, close to Lexington Avenue near a marked pedestrian walkway.

The woman was transported to Albert Einstein Medical Center shortly following the Philadelphia pedestrian accident but died soon after. Doctors were not able to save her unborn child. The motorcyclist sustained head injuries and a broken leg in the accident and is reported to be in stable condition. The fatal pedestrian accident is under investigation by police motor vehicle accident experts. At the time the article was written, no charges had been filed against the motorcyclist.

There is currently no stoplight at the pedestrian crossing where the woman was hit, although there is one a few hundred yards north. However, in spite of the designated walkway, the area appears to be especially dangerous for pedestrians as the walkway is in the middle of a winding, descending curve. It is also an area where motorists are known to speed, despite two recently installed traffic cameras at nearby intersections. A tree that is a few feet away from the accident site is known locally as “Dead Man’s Tree” as it has been struck many times by speeding motorists. Persons interviewed for the article recalled a woman who was killed several years ago while crossing the same place as the pregnant woman.

When an accident occurs on a road that is poorly maintained, offers poor visibility, has dangerous curves or is otherwise inherently dangerous, injured victims and the families of those killed may be able to hold the city or state government that oversees the roadway accountable.

In a dangerous roadway accident, it will need to be proven that the roadway significantly contributed to the accident, and that the city or state government that oversees the road was aware of the hazardous conditions yet did not fix the problem. At Anapol Schwartz, our Philadelphia wrongful death lawyers have the skills and experience it takes to hold negligent parties accountable for a fatal accident. To learn how we can help during this difficult time, call 1-866-735-2792 today.

USA Today reports that engineers at Ford Motor Company have begun creating a child-sized digital model to give them a better understanding of what occurs to a child’s body in a car accident, and how accident forces affect children differently than adults.

To build the digital child model, researchers are using MRIs from children to recreate a child’s internal organs, bone structure, and brain. Adult digital models were used starting in 2004 and took over 10 years to create. In contrast to crash-test dummies, digital models are specifically used to develop the safety restraint system, while crash-test dummies are used to measure accident forces in actual crash testing. Ford hopes that the digital child model will help the company design vehicles that offer younger passengers better protection in the event of a crash.

According to the National Highway Traffic Safety Administration (NHTSA), motor vehicle accidents are the leading cause of death for children between the ages of three and 14 in the United States. In 2008, the NHTSA reports that 968 children age 14-years-old and younger were killed in motor vehicle accidents in which they were vehicle occupants. This accounted for approximately three percent of the 37, 261 total traffic accident fatalities that year. An additional 168,000 from this age group were injured in traffic accidents in which they were vehicle occupants, accounting for about eight percent of the total traffic accident vehicle occupant injuries. On average, these statistics result in four children, age 14-years-old and younger, killed and 529 injured in motor vehicle accidents nationwide in 2008.

All vehicle manufacturers have a legal duty to design, create, and sell vehicles that offer occupants a vehicle that is exceptionally safe and not poorly designed or defective. At Anapol Schwartz, our Philadelphia automobile crashworthiness lawyers have successfully aided clients who have been injured by a wide variety of vehicle design defects, including car seat failure, defective air bags, faulty tires, and more. To learn how our attorneys can help you receive compensation from a negligent manufacturer, call 1-866-735-2792 today.

When a person visits the hospital, they trust they will receive quality care for their ailment or illness. Patients also expect they will receive such care from highly trained medical professionals who do not have a history of negligence. Unfortunately, however, that trust is often misplaced.

Recently, the nonprofit advocacy group Public Citizen analyzed years 1990 to 2009 of the National Practitioner Data Bank Public Use File, and determined that 10,672 physicians nationwide had one or more restrictions or revocations of their clinical privileges. Over half of these physicians, 5,887, did not have state licensing actions taken against them. The violations made by these physicians that resulted in clinical privileging actions include the following:

• 1,119 physicians were disciplined due to incompetence, negligence, or malpractice;
• 605 physicians were disciplined due to giving substandard care to patients;
• 220 physicians were disciplined because it was found they were an “immediate threat to health or safety;”

Other violations included sexual misconduct; fraud; narcotics use; and an inability to practice safely.

According to the study, 2,071 physicians (of the 5,887) had one or more of the above violations and had received clinical privilege actions but no actions taken against them from the state medical board. Of the 5,887 physicians, 3,218 permanently lost their clinical privileges, with an additional 389 physicians losing their privileges for over a year This means 2,280 physicians, about 40 percent of those with clinical privilege actions but did not have disciplinary action taken by the state, were not penalized for their negligent actions.

In Pennsylvania, the study found that 70 to 77 percent of physicians had one or more clinical privilege actions but no actions were taken against them by the state licensure. Additionally, 23 physicians in the state had at least 10 payments due to medical malpractice and had at least one clinical privilege action but did not have actions taken by the state licensure.

This study raises serious questions about whether Pennsylvania patients are receiving quality care from their physicians. When a patient suffers injury or their medical condition worsens due to a physician or other healthcare provider’s negligence, they may be left wondering what can be done to prevent the medical professional from acting negligently again. At Anapol Schwartz, our Philadelphia medical malpractice lawyers can help you understand the legal options available to you while building a strong case on your behalf to ensure you receive fair and just compensation for your suffering. To learn how we can help, call 866-735-2792.

On April 5, the U.S. Consumer Product Safety Commission (CPSC) announced a recall of approximately 76,000 Infant Bed-Side Sleepers manufactured by Arm’s Reach Concepts, Inc. due to dangers of entrapment, suffocation, and falls.

The danger exists when the fabric liner of the sleeper is not securely attached or not used at all. When this occurs, a baby can fall from the raised mattress into the loose fabric at the bottom of the sleeper or may become trapped among the mattress edge and the sleeper’s side, which poses a great risk of suffocation. At the time the recall was announced, Arm’s Reach and the CPSC had received 10 reports of babies falling into the bottom of the sleeper from the raised mattress or getting trapped between the mattress edge and the side of the sleeper. No injuries have yet been reported, but the CPSC is still interested in receiving notification of any incidents resulting from the defective child’s product, and encourages consumers to notify them through http://www.SaferProducts.gov.

This recall involves what the manufacturer calls a “co-sleeper.” One of the sides of the sleeper is lower than the other sides to permit the sleeper to be positioned close to a bed for easy parent access. The recall includes sleepers from both Original and Universal styles that were manufactured in China between September of 1997 and December of 2001. They were sold at major retail stores nationwide, including Babies R Us and the Burlington Coat Factory, for around $160. The model numbers included in this recall start with:

• Originals: 8108, 8133, 8111, 8112, and 8199
• Universal: 8311

The sleeper’s model number and manufacture date are located on a sticker that is on one of the sleeper’s legs.

The CPSC advises parents and caregivers to immediately stop using the defective sleepers and visit http://www.armsreach.com/instructions to download instructions for proper assembly and to ensure that their sleeper is configured properly. Consumers whose sleepers do not have the fabric liner or other parts can contact the manufacturer for an alternative remedy by calling 800-954-9353.

When a parent places their child in an infant sleeper or another type of crib, they trust that a manufacturer has created a product that will not endanger their child. Unfortunately, oftentimes a business overlooks certain precautions, and as a result, defective products find themselves on the market, posing a danger to consumers. If your child has suffered an injury due to a defective crib or other child product, contact the Philadelphia defective crib lawyers at Anapol Schwartz. Call 866-735-2792 to learn how we can help you today.