Articles Posted in Wrongful Death

Doctors are not only responsible for prescribing patients the right medications, but also the right dosage.  Physicians may not be responsible for potential side effects listed on the warning label of a drug, but a doctor may be held liable for medical malpractice if a patient was injured because the wrong medication or dosage was prescribed. Continue Reading

Multimillion-Dollar Advocates Forum members Christopher Marzzacco recently settled a $1.85 million wrongful death claim out-of court on behalf of the parents and the estate of a 20-year-old man killed in an auto accident involving a commercial refuse truck.

Ursula Culpepper and Demetrius Ayler filed a wrongful death and survival action petition against  York-based Tiger Trash and Joseph Newson –the driver of the truck that fatally injured their son, Philip Ayler on May 19, 2014. Continue Reading

Memorial Day is the unofficial start to summer.  It is also one of the deadliest holidays for drivers and passengers. Car accident injuries claimed 397 lives during the 2010 Memorial Day weekend, according to the National Highway Traffic Safety Administration.

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On June 16, the Philadelphia Trial Lawyers Association (PTLA) elected Lawrence Cohan of Anapol Weiss as the new President of the organization.

For more than 50 years, PTLA has sought to protect the rights of all individuals, and it has become a growing force in the community. The organization is made up of more than 1,000 trial lawyers who aim to preserve the legal system and create new laws to protect the rights of the community.

“Because of the Trial Lawyers, the workplace in Pennsylvania is safer,” Cohan said. “Products are safer because manufacturers know we hold them responsible, and perhaps we have also helped make it safer to be a patient in a hospital in Pennsylvania.”

If you are pregnant or of childbearing age and plan to get pregnant, talk to your doctors about any over-the-counter, herbal, dietary supplements, and prescription drugs that you are now taking or recommended to take in the future.

Many prescription drugs cause serious birth defects.

Clinical drugs trials on pregnant women are unethical and not practiced. The safety of most medications taken by pregnant women is unknown and dependent on many factors.

However, it’s important to note that if you are now pregnant, you should not stop taking any type of medication without first talking with a doctor. Sometimes women don’t even realize they are pregnant while taking a potentially harmful drug.

What medications can cause birth defects?
Harmful drugs are thalidomide (also known as Thalamid®) and isotretinoin (also known as Accutane®). Such medications should be avoided by all women who are or might become pregnant. While some medications are known to be harmful when taken during pregnancy, the safety of most medications taken by pregnant women has been difficult to determine. Women who are pregnant or trying to get pregnant should not discount dietary and herbal products as they could be harmful to your unborn baby or have other serious side effects when taken during pregnancy.
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Underage drinking and driving don’t mix. Underage drinking is a serious public health and safety problem.

Here are some Pennsylvania DUI death statistics for 2010 provided by the Fatality Analysis Reporting System (FARS).

Pennsylvania ranked 35. That means the state ranks on the higher end of DUI traffic deaths. There were 433 DUI fatalities. MADD (Mothers Against Drunk Driving) has been working diligently in Pennsylvania for years to get stronger interlock legislation, but the Legislature has still not acted.

Why do people of all ages participate in known risky behavior behind the wheel of a motor vehicle?

According to a new November 2011 Harris Interactive/HealthDay poll, most adults (2,800 were interviewed) admitted to engaging in distracting behaviors while driving:

86% eat and/or drink
59% talk on the cell phone (not hands free)
41% fiddle with their GPS devices 37% text 36% reading a map 14% apply makeup (plus 1 in 10 comb hair)
13% surfing the Internet 7% watching videos
“Every 1 percent of drivers polled represents more than one-and-three-quarters of a million people,” said Humphrey Taylor, chairman of The Harris Poll.
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Losing a loved one is an emotionally devastating time for anyone. This is worse if a family has lost a loved one due to someone else’s negligence or wrongdoing. Families who have suffered a loss in a Pennsylvania car accident caused by a negligent driver deserve to have their rights protected by an experienced attorney, who is caring and sensitive to their situation. The last thing a grieving family wants to deal with is a complicated lawsuit.

A knowledgeable lawyer is not only a skilled professional who understands the nuances of law, but he or she is also a sensitive individual who knows how to treat clients with dignity, respect and compassion. Many individuals suffering from grief go through the stages of denial, anger, bargaining, depression and acceptance. A knowledgeable wrongful death attorney will recognize how the family is handling the loss and determine how to provide the level of support needed.

Individuals who have suffered a serious injury may experience a grieving process as well. Victims of catastrophic injuries often grieve the loss of the life they have lost. It may take a long time for an injury victim to fully understand how to adjust and adapt to life’s new challenges. 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.

Recently, attorney Bernard Smalley from the personal injury law firm of Anapol Weiss sat down with CNN to discuss his participation in a wrongful death case involving a 41-year-old woman who died in an abortion clinic in West Philadelphia.

The woman died in November of 2009 after she overdosed on anesthetics prescribed by the doctor of the abortion clinic. The woman, who was a mother of four as well as a grandmother of one, was 19 weeks into her pregnancy. She received a referral from a medical clinic in Washington, D.C., and went to the West Philadelphia practice. According to Mr. Smalley, who represents the woman’s family, an unlicensed high school student gave the woman anesthesia, after receiving instructions from the doctor over the phone. When things went wrong, there was not equipment present to resuscitate her. Now, the doctor faces third-degree murder charges for the woman’s passing. The woman’s family has filed a lawsuit against the doctor seeking damages.

Mr. Smalley states, “These children have to grow up without their mother, you have a husband who is going to have to go on without his wife. There will be justice at the end of the day, but at what price? They’ve lost a loved one who can never come back.”

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