Philadelphia Injury Lawyer Blog

Last week, the U.S. Food and Drug Administration has announced that Terumo Cardiovascular Systems Corporation (TCVS) has just signed a consent decree of permanent injunction. Two of the company's officers, Mark A. Sutter, president and CEO Mark Lincoln Vice President of Quality Assurance and Operations have had to personally sign the decree.

According to reports, the consent decree is being filed in the U.S. District Court for the Eastern District of Michigan and the Department of Justice, Office of Consumer Litigation, and the United Sates Attorney's Office. The consent decree will prohibit the manufacturing, sale, and distributing of two heart-lung bypass systems and other cardiovascular devices to new customers.

During an FDA inspection that spanned from January through March 2010, numerous cGMP and MDR violations at the company's Ann Arbor manufacturing facility were revealed. These violations could cause serious injuries to patients in the Philadelphia area and across the country. Violations included deficiencies in processes for corrective and preventive action, nonconforming product, complaints, purchasing, process validation, design controls, and adverse event reporting.

The company that made the devices, TCVS has previously profited $35 million for the sales of the devices. This amount will now be paid to the federal government as part of the legal action taken by the FDA. Additional disgorgement amounts will be charged should it fail to comply with the provisions of the consent decree in a timely manner.

This decree is meant to protect residents of Philadelphia and hospital patients across the country. If you or a loved one has suffered injury due to a faulty medical device or has been the victim of medical malpractice, contact a Philadelphia injury lawyer or a Philadelphia law firm today.

Pennsylvania has no statewide law banning talking or texting on cell phones while driving. Since the late 1990s, a number of such laws have been introduced by Pennsylvania lawmakers without garnering the required support to become law. A 2010 attempt to pass such a law bogged down in political disagreement over infraction penalties. Undaunted, State Representative Josh Shapiro, a strong supporter of a statewide ban on cell phone use and texting while driving has again placed the issue on the legislative table.

Concerned about rising accident rates related to driving distractions, particularly among tech-savvy teens, a growing number of cities, including Philadelphia, have implemented municipal bans against texting and cell phone use while driving. The legality of those laws are about to be tested in court. Two Allentown, PA residents fined for violating that city's cell phone/texting ban are appealing their fines, arguing that a municipal ban is illegal because there is no state ban on the practice.

It is important, however, that drivers see the laws beyond simply a “money making opportunity” for their locality or for the state of Pennsylvania. These laws protect drivers from hurting themselves, or even more unfairly, others.

The statewide ban could help those who become victims of car accidents due to another driver texting on their cell phone receive compensation due to the other driver’s reckless actions. This compensation is important for victims and their families to tend to any damages accrued.

Since laws on texting and talking on a cell phone while driving are new, diverse, and still being interpreted, it is important to contact a Philadelphia injury lawyer with any questions. A Philadelphia injury lawyer will be able to help you whether you have been the victim in an accident case or the defendant.

Earlier this week an Ohio driver reaching for his cell phone drifted across three lanes of traffic on I-71 before crashing into another car and killing its 19-year-old driver. Philadelphia personal injury attorneys say the same horrific scenario plays out on highways in Pennsylvania and across the country every week. In a recent Consumer Reports survey, 30% of drivers under 30 admitted to texting while driving. The national debate on distracted driving and texting in particular has even hit the funny pages. In this week's Zits comic strip, teenager Jeremy is texting away while stopped at red light when he is rear-ended by another vehicle which, it turns out, is driven by girlfriend Sara who complains that she was distracted by 10 text messages she just received from -- Jeremy. Philadelphia parents can only hope that the ridiculousness of the situation won't be lost on their teens, but don't count on it.

A State Farm Insurance survey of 700 teen drivers found that teens don't believe texting is as dangerous as driving drunk, despite numerous studies that show texting is actually more dangerous than driving under the influence of either alcohol or marijuana. Testing by Britain's Transport Research Laboratory found that texting slowed driver reaction time by 35%, alcohol by 12% and marijuana by 21%. Texters also lost 91% of their steering control and failed to maintain a safe distance between vehicles. Police say drivers who text while driving as more likely to speed, run red lights, swerve into neighboring lanes and cross centerlines, any of which increase the risk of causing a car accident.

Next time: How to protect yourself against distracted drivers

According to the Centers for Disease Control and Prevention, every year more than 3.8 Americans, many of them children and teens, sustain concussions during sports competitions, traffic accidents, trips and falls or while playing. Philadelphia personal injury lawyers say that number reflects only reported concussions. Many concussions cause no noticeable change in behavior or health so are shrugged off by coaches, parents and the children themselves as nothing more than a bad bump on the head. Sometimes, Philadelphia personal injury lawyers warn, those bumps cause brain injuries that only become apparent weeks or months or sometimes years in the future.

The number of children treated for concussions in emergency rooms has doubled over the past decade. Team sports account for the majority of concussion injuries among children with football inflicting more than half. In an interview published in the January 31, 2011 issue of Time magazine, University of North Carolina neuroscientist Kevin Guskiewicz explained that in addition to the severe brain trauma caused by concussions, athletes in contact sports suffer cumulative brain damage from hundreds of unreported minor subconcussive blows that do not generate immediate symptoms.

Unfortunately, keeping your child off the football team won’t eliminate his concussion risk. More than a third of concussion injuries suffered by children occur outside of team sports, either during active play or personal athletic pursuits (bike riding, skateboarding, ice skating, etc.). Since only 10% of concussion victims lose consciousness and many concussion symptoms don’t present until some time after the injury, Philadelphia parents may not even realize their child is at risk. If your child experiences headache, vomiting, dizziness, balance problems, light or noise sensitivity, confusion, irritability or amnesia, suspect a concussion and see a doctor immediately. Concussions injuries can be life-changing, requiring expensive testing and long-term medical treatment. A Philadelphia personal injury attorney can protect your rights and the rights of your child.

The National Transportation Safety Board has joined state investigations into two deadly bus accidents (see our previous post) and have many questioning the safety of the low-fare bus lines that frequently travel between New York City's Chinatown neighborhood and Philadelphia, as well as other major East Coast cities. Popular discount buses arrive and depart from Chinatown more than 2,000 times a week. Seventeen people were killed in the weekend bus crashes and dozens of passengers suffered serious personal injuries.

Investigators are inspecting both buses for possible mechanical and electrical defects and investigating the safety records of both bus companies and the bus drivers. Early investigations into the New York crash found that the bus driver had a criminal record and had been cited for a number of traffic violations, including driving on a suspended license, which should have disqualified him from obtaining a commercial license. The driver of the Philadelphia-bound bus had also been cited for motor vehicle violations, although they were characterized as minor.

When representing bus accident victims, Philadelphia personal injury attorneys investigate the bus driver's safety record, proper licensing and health, including the possible impact prescription drug use, fatigue or substance abuse may have had on the accident. The condition of the bus, including possible mechanical or electrical problems, is investigated. The bus company's maintenance and safety records are also carefully reviewed for neglect or omission. Every aspect of the accident is carefully investigated and litigated to ensure that bus accident victims are fully compensated for their injuries.

Bus accident claims involve multiple defendants, including the bus company, driver, municipality and sometimes out-of-state authorities. Federal, state and local laws and safety standards add to the complexity of litigating personal injury bus accident claims. Competing insurance companies and their attorneys, each dedicated to protecting the insurance company and minimizing compensation paid to accident victims, make it essential that bus accident victims seek out a Philadelphia personal injury attorney with experience in litigating bus accident claims.

In the wake of a horrendous weekend bus crash that killed 15 in New York, a tour bus en route to Philadelphia crashed just after 9 p.m. last night taking the lives of two men, a passenger from Royersford, Pennsylvania and the bus driver. The Pennsylvania tour bus was carrying 43 people including 3 children when it crashed on the New Jersey Turnpike near East Brunswick, ejecting the driver through the front window and instantly killing him. The other man was partially ejected through a side window and died of his wounds in the emergency room. Five additional passengers suffered serious personal injuries and were hospitalized. Numerous other bus passengers were treated at area hospitals for minor injuries.

Operated by Super Luxury Tours Inc. of Wilkes-Barre, Pennsylvania, the bus was traveling from New York City's Chinatown to Philadelphia when it hit a guard rail and concrete abutment which sent it careening across two lanes of traffic before it crashed. Police impounded the bus and are inspecting it for possible mechanical and electrical defects. This is the second injury accident for Super Luxury Tours in the past 2 years. The bus company has been previously cited for unsafe driving, fatigued driving and driver fitness,

Last night's fatal bus accident comes on the heels of the horrendous weekend tour bus crash on I-95 in New York that killed 15 people and injured another 20, hospitalizing 8 with critical injuries. In that accident, the bus scraped a guardrail before falling on its side and colliding with a utility pole that peeled back the roof of the bus, leaving bodies strewn across the highway.

Initial investigations into the New York bus crash have revealed that the driver of the World Wide Tour's bus was a convicted felon with several outstanding traffic violations including a suspended license which should have made him ineligible for a commercial driver's license.

Next time: Victim's rights

In our last posts we've been discussing when and how to choose a Philadelphia personal injury attorney. Before you hire a Philadelphia personal injury attorney ask the following critical questions:

Do you have experience trying cases like mine? What is your success rate?
It is essential that the Philadelphia personal injury attorney you select has considerable experience trying cases that are very similar to your own case. Look for an attorney who has successfully taken cases to trial as opposed to one who has only obtained settlements. Should your case go to trial, you want an attorney with proven courtroom success. Naturally, you also want an attorney who has an excellent track record winning cases like yours to ensure that you receive the settlement you deserve.

What types of law does your firm handle?Many attorneys will say they can handle a personal injury claim, but make sure you should choose an attorney that specializes in personal injury law and whose primary business is personal injury law. Personal injury law is a highly specialized field. Just as you would ask your family doctor to perform heart surgery; you shouldn't ask your family lawyer to handle a wrongful death claim.

How long have you been practicing personal injury law in Philadelphia?
Experience is life's greatest teacher. Many law firms tout their combined years of legal experience; however, the experience of an individual lawyer may range from one to 30 years. Ask how long the attorney who will be representing you has been practicing personal injury law.

How much experience have you had negotiating with insurance companies?In Philadelphia personal injury lawsuits an insurance company will generally be responsible for paying the settlement or award. An attorney who has insider knowledge of how insurance companies process and litigate claims will know all the tricks and ploys insurance companies use to minimize the settlement amount paid to the victim and can use that knowledge to your benefit.

Philadelphia personal injury lawyers help people who are injured by the action or negligent inaction of another person or business or corporation. Anytime you or a loved one suffers a physical, mental or emotional injury at the hands of another party, you should consult a Philadelphia personal injury attorney and request a free case review to ensure that your right to legal representation and compensation are protected.

While their clients concentrate their efforts on recovery, Philadelphia personal injury attorneys investigate the accident while events and the memories of any bystanders are still fresh. They prepare and file necessary legal paperwork to ensure that your personal rights are protected. They negotiate with insurance companies to see that you are fairly compensated for your injuries and loss, and they aggressively represent you and your interests in court.

Personal injury law is a complex legal specialty. Just as you wouldn’t ask your family doctor to perform heart surgery, your family lawyer shouldn’t be asked to handle a personal injury lawsuit. It takes experience, skill and specific knowledge to successfully navigate a personal injury case through the courts to either settlement or trial. A savvy Philadelphia personal injury attorney will constantly work toward a settlement while aggressively preparing to go to trial, thus protecting her client’s rights on all fronts.

Hiring a Philadelphia personal injury attorney does not require payment of a retainer and there is no monthly bill to pay. Personal injury attorneys are typically paid a percentage of any settlement or court award you receive but only if they win. If they lose, you pay nothing. This removes any financial burden the injured person might feel, allowing him to focus his entire physical, emotion and financial resources on recovery.

If you or someone you love is injured in an accident or suffers an injury while using a faulty product, you will want to hire a Philadelphia personal injury attorney to represent you. A personal injury lawyer protects your rights, investigates the circumstances of the injury or accident, handles communication with insurance companies and the other party's attorneys, and works to make sure you are justly compensated for your injuries. An adroit Philadelphia personal injury lawyer will protect all your options by negotiating aggressively for a favorable settlement while at the same time preparing for trial if a settlement cannot be reached.

Philadelphia personal injury lawyers work on what is called a contingency fee basis. They receive a percentage of the settlement or court award if they win the case. If they lose, there is no fee. This allows accident and injury victims to focus their financial resources on recovery. If you are an accident or injury victim, you will not have to pay attorney fees, but you may have to pay costs, such as a court filing fee. When you hire a Philadelphia personal injury attorney, make sure you clearly understand what costs you will be responsible for.

The law has become so complex that it is now divided into a number of specialty areas. Personal injury lawsuits require in-depth understanding of personal injury law and the insurance industry. You will want to hire an attorney with proven experience in personal injury law and a successful track record in negotiating settlements and winning cases that go to trial.

To find a personal injury attorney in your area, ask friends, your family lawyer, a business attorney or your local bar association for recommendations. Beware of attorneys who advertise on television or online legal directories. Check with the bar association about the attorney's standing and legal rating before making a decision.

Next time: What to ask an attorney at the interview.

When disaster strikes, Philadelphia consumers expect their insurance company to protect them and their families by paying for medical bills and property damages. After all, that's why people pay insurance premiums month after month and year after year; to protect themselves, their families, their home, their car and other valuable possessions. In many instances insurance companies do meet their obligations and their policyholders are satisfied. However, too often insurance companies deny a claim when a loss is suffered and fail to provide the compensation promised. Philadelphia personal injury attorneys call this "insurance bad faith."

The fact is that insurance companies are in business to make money. Denying claims or paying minimal amounts on insurance claims means more money for stockholders and less money for policyholders. Philadelphia personal injury attorney Edith Pearce says that's just plain wrong. Unfortunately, without the assistance of a knowledgeable attorney, policyholders are usually left holding the short end of the stick. A Philadelphia personal injury lawyer can make sure victims are properly compensated for their loss.

For example, in a 2008 insurance bad faith verdict, Allstate Insurance Co. was ordered to pay a Missouri couple $16 million for its failure to settle a car accident claim in a timely manner, forcing the couple to sue to obtain compensation for $320,000 in medical bills.

Insurance law, language and practices are complex. It takes an experienced insider to know how to work the system. A wronged policyholder is at an overwhelming disadvantage when fighting against an insurance company's stable of aggressive lawyers. With 10 years of previous experience working as an insurance company attorney, Philadelphia personal injury attorney Edith Pearce has the insider advantage necessary to successfully fight bad faith insurance actions. If your insurance claim has been denied, call today for a free case review.