Attorney Blog

Statute of Limitations in PA for Sexual Abuse Cases

sreilly@reillylawpc.com (Blog Author)70298 — Thu, 01 Dec 2011 08:00:00 EST

In light of the Penn State sexual abuse scandal I have been repetedly asked about the statute of limiitations for the now adult victims. In general, an injured child has until the age of 20 (2 years after reaching legal adulthood) to file an action for injuries sustained as a minor. Effective August 27, 2002 the Statute of Limitations for childhood victims of sexual abuse was extended to the date when the childhood victim turns 30. In order for the extension provided by 42 Pa.C.S.A. 5533(b)(2)(i) to apply, the victim must have been a child (under the age of 18) at the time of the sexual abuse and the sexual abuse must have occurred after August 27, 2002. Other limited exceptions may also apply. Please contact Steven F. Reilly, Esquire at 610-272-7075 with any questions.

Continued Attack on Rights of Malpractice Victims

sreilly@reillylawpc.com (Blog Author)44441 — Fri, 03 Dec 2010 08:00:00 EST

The Debt commission has proposed sweeping medical malpractice reforms in order to save money. Once again, the focus of malpractice reformers is on saving money as opposed to increasing patient safety. If you have been a victim of medical malpractice please contact the Law Office Of Steven F. Reilly.

Surgical Mistakes More Frequent

blog@www.reillylawpc.com (Blog Author)41135 — Wed, 20 Oct 2010 08:00:00 EST

Unthinkable errors by doctors and surgeons -- such as amputating the wrong leg or removing organs from the wrong patient -- occur more frequently than previously believed, a new study suggests.

Avoiding Hospital Mistakes

blog@www.reillylawpc.com (Blog Author)21640 — Thu, 12 Nov 2009 08:00:00 EST

CNN Health has published an article about Avoiding Hospital Mistakes. The moral of the story is patient's need to be pro-active in their treatment and discussions with health care providers. If patient's have questions, they neeed to be asked and fully answered.

Wrongful Death Survival

blog@www.reillylawpc.com (Blog Author)21292 — Fri, 06 Nov 2009 08:00:00 EST

I have authored an article on Pennsylvania Wronful Death and Survival Lawsuits.

5 Year Old Girl Seriously Injured by Dog Attack

blog@www.reillylawpc.com (Blog Author)21312 — Fri, 06 Nov 2009 08:00:00 EST

A 5 year old girl was tragically seriously injured when she was attacked by a dog while at a farm. The dog had a prior history of attacks and had been declared a "Dangerous Dog" under Pennsylvania Law. 3 P.S. § 502-A required that the dog be confined or muzzled on a leash.

Mistreatment of Veterans for Prostate Cancer in VA Hospital

blog@www.reillylawpc.com (Blog Author)14303 — Thu, 25 Jun 2009 08:00:00 EST

The New York Times is reporting that many veterans were mistreated for prostate cancer in VA hospitals, including Philadelphia. The report indicates that the prescribed radiation therapy was often given in incorrect amounts leading to radiation damage or insufficient radiation.

Company Indicted for Illegally Testing Bone Cement on Patients

blog@www.reillylawpc.com (Blog Author)13797 — Wed, 17 Jun 2009 08:00:00 EST

A Swiss Company in West Chester was indicted for illegally testing bone cement in patients. Norian XR was approved for use in bone but not the spine. It is alleged that the company attempted to circumvent the FDA by illegally testing the cement on about 200 people, three of whom died.

5 Million Dollar Tylenol Product Liability Verdict Reversed

blog@www.reillylawpc.com (Blog Author)13173 — Wed, 03 Jun 2009 08:00:00 EST

The Pennsylvania Superior Court reversed a 5 million dollar verdict involving the death of a young child from an overdose of Tylenol. The Superior Court found that the jury verdict was contradicted by the evidence.

Medical Malpractice Claim for Sexual Relations with a Patient

blog@www.reillylawpc.com (Blog Author)12848 — Thu, 28 May 2009 08:00:00 EST

The Pennsylvania Superior Court has ruled that a General practice Physician can face a medical malpractice claim if they are providing psychologic services to a patient and they have sexual relations with that patient.

Philadelphia Passes Hand Held Cell Phone Ban

blog@www.reillylawpc.com (Blog Author)11492 — Fri, 01 May 2009 08:00:00 EST

In response to car accidents, Philadelphia has passed a law banning the use of hand held cell phones while driving.

Philadelphia Passes Hand Held Cell Phone Ban

blog@www.reillylawpc.com (Blog Author)11493 — Fri, 01 May 2009 08:00:00 EST

In response to car accidents, Philadelphia has passed a law banning the use of hand held cell phones while driving.

16 Injured in Philadelphia Bus Accident

blog@www.reillylawpc.com (Blog Author)11494 — Fri, 01 May 2009 08:00:00 EST

16 people were injured when a SEPTA bus collided with a minivan that ran a red light. Reports indicate that the driver of the minivan was talking on a cell phone.

Malpractice Lawsuits Decrease

blog@www.reillylawpc.com (Blog Author)11267 — Fri, 24 Apr 2009 08:00:00 EST

Malpractice lawsuits in Pennsylvania have dropped approximately 41% since the early 2000's. This report is further evidence that the "medical malpractice crisis" does not exist.

Truck Owner Headed to Trial for Fatal Accident

blog@www.reillylawpc.com (Blog Author)10426 — Mon, 30 Mar 2009 08:00:00 EST

The truck owner and driver as well as the owner of a garage where inspection stickers were allegedly purchased are heading to trial on charges stemming from the January 23, 2009 Schuylkill Expressway accident that killed a driver when the truck's brakes failed.

State Claims for Injuries from Medications not Preempted by Federal Law - Wyeth v. Levine

blog@www.reillylawpc.com (Blog Author)9646 — Thu, 05 Mar 2009 08:00:00 EST

The United States Supreme Court in Wyeth v. Levine ruled that state tort law claims for injuries caused by medications were not preempted by Federal Law. In essence, the drug companies argued that since they received FDA approval for the drugs, injured people could not file a state law claim alleging they were injured by a defective drug. The Supreme Court disagreed. This is a major victory for people injured by dangerous or defective drugs.

Pennsylvania Supreme Court Ruling for Statute of Limitations in Medical Malpractice Case

blog@www.reillylawpc.com (Blog Author)9409 — Wed, 25 Feb 2009 08:00:00 EST

The Pennsylvania Supreme Court in Wison v El-Daief, et. al. reversed the trial court Order granting summary judgment based on Statute of Limitations defense. The Statute of Limitations in Pennsylvania for an adult is two years from the date of the alleged negligence. An exception to the two year time frame is called the Discovery Rule that essentially provides that the two year statute of limitations period begins to run when an injured party discovers or through the exercise of reasonable diligence should have discovered an injury and its cause. The Wilson Court reiterated the standard that it is a question for a jury to determine when an injured party discovered or should have discovered the injury and its cause. If a patient suspects that they have been injured by a physician or other health care provider, they need to diligently pursue a diagnosis of their injury and its cause. That investigation should include second opinions from physicians and talking to a medical malpractice lawyer.

Pennsylvania Peer Review Protection Act

blog@www.reillylawpc.com (Blog Author)9057 — Thu, 12 Feb 2009 08:00:00 EST

I am often asked questions about finding information about the quality of physicians. I usually tell people that it is difficult to find public information in large part due to the Peer Review Protection Act. I have written an article that highlights the problem.

Luzerne County Judges Indicted

blog@www.reillylawpc.com (Blog Author)8825 — Fri, 06 Feb 2009 08:00:00 EST

Two Luzerne County judges have been indicted and agreed to plead guilty to charges that they received kickbacks from a juvenile detention facility in exchange for placing juveniles in the facility. This investigation is sure to lead to multiple civil rights claims being filed on behalf of the juveniles that were illegally detained.

UNDERINSURED VS. UNINSURED CLAIMS IN PENNSYLVANIA

blog@www.reillylawpc.com (Blog Author)8704 — Tue, 03 Feb 2009 08:00:00 EST

I have just written an article describing underinsured and uninsured automobile accident claims in Pennsylvania.

Stella Awards E-Mail

blog@www.reillylawpc.com (Blog Author)8544 — Thu, 29 Jan 2009 08:00:00 EST

I am sure many have received an email titled "Stella Awards" that claims to be a list of outrageous recoveries in frivolous lawsuits. The content of the e-mail is plainly false. No such recoveries exist. A review of snopes verifies this. This email is yet another attempt by the anti-consumer pro tort reform groups to mislead the public.

Schuylkyill Expressway Fatal Accident

blog@www.reillylawpc.com (Blog Author)8439 — Mon, 26 Jan 2009 08:00:00 EST

A tractor trailer rear ended a car killing one person and seriously injuring another on the Schuylkill Expressway. Police believe that the truck driver may not have seen the stopped traffic due to sun glare on the Conshohocken Curve.

Medicare Subrogation

blog@www.reillylawpc.com (Blog Author)8340 — Thu, 22 Jan 2009 08:00:00 EST

I have just added an FAQ regarding repaying Medicare out of any recovery for medical expenses paid by Medicare due to the fault of another. It is very important to account for Medicare payments because the injured party and the attorney are liable to reimburse Medicare and the amount of the repayment obviously impacts the net amount of recovery.

Selecting a Jury in a Philadelphia Medical Malpractice Case

blog@www.reillylawpc.com (Blog Author)7363 — Wed, 17 Dec 2008 08:00:00 EST

I have written an article that details how a jury is selected in a Philadelphia medical malpractice case.

November Library Items: A Focus On Slip And Fall Accidents in Pennsylvania

blog@www.reillylawpc.com (Blog Author)6932 — Tue, 02 Dec 2008 08:00:00 EST

Slip and falls happen every day, all over the country, to people of all ages and in all occupations. According to the Bureau of Labor Statistics and the National Safety Council, slips and falls are second most common cause of accidental injury and death, next to car accidents, and over one million Americans slip and fall each year. All in all, 17,000 people in the United States die from a slip or fall each year.

This month, we took a closer look at how you can prevent slips and fall - especially for those over 65 - as well as how to determine who was at fault in regards to your slip and fall incident. Although we only discuss general guidelines of how to approach slip and fall cases, this information ship be helpful in your decision to contact an attorney to discuss your possible case.

Three-Vehicle Crash In East Pikeland, PA, Results in Serious Injuries

blog@www.reillylawpc.com (Blog Author)6933 — Tue, 02 Dec 2008 08:00:00 EST

Two cars and a motorcycle were involved in a crash along Route 113 in East Pikeland, PA, on Saturday, November 10, according to The Mercury. The accident took place between Firehouse Lane and Coldstream Road a few minutes after 9:30 p.m.

The East Pikeland Police Department, Kimberton Fire Company, West End Ambulance, Spring-Ford Rescue Squad, and Humane of Royersford Ambulance all responded to the call.

The two drivers of the cars suffered non-life-threatening injuries, while the motorcycle rider was extracted from the crash by emergency workers and airlifted to the Hospital of the University of Pennsylvania (HUP).

Fire Company Assistant Chief Al Kritzberger said, "We assisted in the extrication and the victim was placed in an ambulance to be airlifted,"

The fire department crews then cleared and towed the vehicles at the scene of the accident. The road was cleared of the multiple vehicle wreck by 2 a.m. The cause of the accident is still under investigation.

Pittsburgh Jury Awards $0 Survival Damages

blog@www.reillylawpc.com (Blog Author)3580 — Mon, 17 Nov 2008 08:00:00 EST

In an odd twist, a Pittsburgh jury in a medical malpractice case found that a hospital was negligent and that the negligence caused the death of a 24-year-old man. The jury awarded $2,500,000.00 under the wrongful death claim but awarded 0 dollars under the survival claim. Damages under the survival act include lost earning capacity and experts testified that the lost earning capacity for the 24 year old was between $4,000,000.00 and $15,000,000.00. The attorney for the plaintiff has filed an appeal. This case certainly reinforces the point that you can never be sure about the thought process of a jury.

Punitive Damages Discovery

blog@www.reillylawpc.com (Blog Author)3722 — Mon, 17 Nov 2008 08:00:00 EST

Federal District Judge James M. Munley in the case of Grosek v. Panther transportation, Inc. has ruled that discovery regarding the financial condition of a defendnat for a claim of punitive damages is permissible.

In so holding the Judge noted, "it is inefficient to somehow delay discovery on the amount of punitive damages available until after a factual determination on the availabilty of such damages can be made."

Judge Munley held that once plaintiffs had properly stated a claim for punitive damages "discovery on the amount of the damages is relevant." Punitive damages are based on the concept that a defendant should be punished financially because of reckless or outrageous conduct. This is a significant decision in that often times defendants will argue that discovery regarding their financial condition and ability to pay punitive damages is not allowed until there has been a finding that punitive damages should be awarded.

Pennsylvania Supreme Court Case May Change Product Liability Laws

blog@www.reillylawpc.com (Blog Author)4217 — Mon, 17 Nov 2008 08:00:00 EST

Periodically, a case comes before the state supreme court that gives justices the opportunity to significantly change how a Pennsylvania law is interpreted. Such an event is before us now, in relation to product liability law and how courts across PA determine whether or not a manufacturer is responsible for their defective products.

The case before the courts currently is Bugosh v. I.U. North America, in which a victim was allegedly injured by products containing asbestos. But what is really on trial is Pennsylvania's historically rigid stance on defective products that better protect victims injured in such cases. If the outcome of the case is in favor of the defendant, it may set a precedent that will help big business manufacturers and retailers in product liability cases instead of helping those hurt by products.

Under the newly proposed standard, plaintiffs may be required to prove that manufacturers or retailers acted unreasonably or negligently while designing the product or by providing inadequate warnings and instructions. In the past, plaintiff simply had to convince the jury and judge that the product had a defect, that the defective product caused the injury, and that the defect existed when the product left the factory.

You may read more about this important case and its possible consequences here:

August Library Items: A Focus on Driving Safely In Pennsylvania

blog@www.reillylawpc.com (Blog Author)4285 — Mon, 17 Nov 2008 08:00:00 EST

What makes a safe driver? Someone who simply abides by the laws of the road? Someone who takes extra measures to drive defensively and buckle up? Someone who is prepared in the event of a car, truck, or motorcycle accident?

The answer is, simply, all of the above. Although Pennsylvania road accident rates have been dropping we have a long way to go before everyone is doing all they can to protect themselves and others on the highways and interstates - from rural roads to the crowded streets of Philadelphia.

Look at some headlines in Pennsylvania, just from this week:

This month, our library items focus on what you can do every day to prevent and prepare for accidents like these. Take a moment to learn how to take the first steps, and then share what you've learned with your loved ones:

Evaluating a Cerebral Palsy Malpractice Case

blog@www.reillylawpc.com (Blog Author)4694 — Mon, 17 Nov 2008 08:00:00 EST

I am often asked by Pennsylvanian parents of an injured baby, "How do I know if I have a case of medical malpractice?" I have published an article, Evaluating a Cerebral Palsy Medical Malpractice Case, that summarizes and highlights information that I analyze to determine if I believe that malpractice was committed causing cerebral palsy or other brain injury.

What Does the New TACT Initiative Mean to You?

blog@www.reillylawpc.com (Blog Author)4964 — Mon, 17 Nov 2008 08:00:00 EST

Starting on October 1, the Pennsylvania Police Department and the Pennsylvania Department of Transportation will be implementing a new Ticket Aggressive Cars and Trucks Initiative (TACT). TACT will target and punish unsafe drivers along a 33-mile stretch of Interstate 81 highway between Cumberland County and Dauphin County in hopes of reducing the number of car and truck accidents that have been seen along this road.

The program will include highway billboards and brochures to increase driver knowledge of sharing the roads with trucks in addition to a greater police presence in the area, such as marked squad cars, unmarked squad cars, and airplanes.

What does the TACT initiative mean for you?

In general, it means that to avoid an expensive ticket and higher insurance costs, you should drive more carefully along I-81 and around commercial trucks. You shouldn't receive a ticket if you

Avoid speeding, regardless of how fast the flow of traffic is around you
Avoid risky lane changes and use your turn signals
Don't follow too closely, especially when behind a big rig or truck
Drive defensively and be aware of the vehicles around you

If you are unfamiliar with how to share the road with trucks, educate yourself on their dangers. Remember that they have large blind spots due to the length of their vehicles and may not see you beside or behind them. Remember that they weigh much more and are harder to slow down or turn.

Although more police on the roads might annoy drivers, please remember that they are saving lives, preventing injuries, and protecting you. This TACT initiative may save the life of you or someone you love - and you may never realize it. Hopefully, it will help keep dangerous drivers in check and law-breaking trucks off of our roads.

A Focus On Defective Household Products

blog@www.reillylawpc.com (Blog Author)4970 — Mon, 17 Nov 2008 08:00:00 EST

There are many things protecting us from defective products: state and federal regulations, company testing, and good old common sense. But more often than we'd like to see, defective products enter our home and injure someone we love. At this law firm, we like to think that we are the last defense again defective products - that product liability cases keep companies on their toes and ensure that safety laws are upheld. Even more than that, they make certain that no other person will be injured or killed by the product in question.

What are defective products, and how do we protect our families from them? What do we do if we are injured by a product? How can we shield our babies and toddlers from harm? This month, we have focused our library items on these frequently asked product liability and defective product questions.

For more information on keeping up to date about the defective product recalls in your area, visit the United States Consumer Product Safety Commission (CPSC)

As always, if you have been injured by a defective product in your home, call us today for a free consultation regarding the details of your case. You may also learn more about our product liability practice by visiting our defective product homepage.

October Library Items: A Focus on Medical Malpractice

blog@www.reillylawpc.com (Blog Author)5804 — Mon, 17 Nov 2008 08:00:00 EST

We grow up learning to trust our doctors. They've trained for years in medical schools. They've consistently been at the top of their class. They know so much about medicine that we simply don't.

However, doctors are not perfect, and just like in all other areas of life, some of them are incompetent. Just because they wear a white lab coat and have a stethoscope around their neck does not mean that they will always, without fail, give you the best care that you need. In fact, a Harvard University study estimated that medical malpractice mistakes account for 234,000 injuries and 80,000 deaths per year in this country alone.

Some instances of medical malpractice happen in the ER. Some happen in the delivery room. Still others happen in surgery. Some even happen in small family practice offices around the country, where family practitioners misdiagnose or fail to diagnose serious illnesses like cancer, diabetes, and meningitis.

The best advice we can give you is to be vigilant. Look after your families. Get second opinions. Trust your gut. And if you or a loved one is found in a situation where you suspect medical malpractice, immediately seek experienced legal counsel in the matter.

To educate you further, we've focused our Library Items this month on issues related to medical malpractice. Read them and share them with your friends and family:

Medical Malpractice Forms & Consent Forms In Pennsylvania

blog@www.reillylawpc.com (Blog Author)5805 — Mon, 17 Nov 2008 08:00:00 EST

During their initial consultations, a good number of our clients ask us if they have waived their rights because they signed a consent form before a procedure or operation.

To that we have to say loudly and clearly, NO. Although consent forms have you acknowledge that whatever medical procedure you might have comes with inherent risks and dangers, it does not give anyone permission to harm you, make unwise decisions, or act negligently while you are under their care.

Here's an example: if you go in to have a complicated heart surgery, the physician will have you sign a consent form that clearly states that you understand that even with the best doctors on earth, heart surgeries are dangerous and that some people will be injured or even not make it out. The consent form acts to protect the physician from getting sued by those who might claim that they did not realize that heart surgery came with inherent dangers even under the best conditions.

More simply, if you were to be injured during the operation not due to negligence, but due to the complexities of the surgery itself, you could not file a medical malpractice suit.

However, if a doctor or anesthesiologist acted in a negligent manner during the operation, you still have every right to file a medical malpractice suit - no matter what papers you signed beforehand. Negligence, especially in the arena of health care, is unacceptable under any circumstances.

November Product Recalls In Pennsylvania – Defective Products That May Cause Serious Injury

blog@www.reillylawpc.com (News Author)6533 — Wed, 03 Dec 2008 08:00:00 EST

Many times, defective products are no more than annoying hassles - a coffee maker that leaks, a toy that arrives broken in the box, a table that wobbles. However, some defective products are more than inconveniences - they can be harmful, cause serious injury, or even result in death. One of the best ways that you can protect yourself and your family from dangerous defective products is to keep abreast of product recalls by visiting websites like the US Consumer Product Commission. Here are some products that you should keep your eye out for in Pennsylvania this month:

· JCPenny is recalling 24,000 pairs of Arizona brand newborn and infant denim pants due to a chocking hazard - the metal snap on the waistband may detach and be swallowed. Those who own the pants should stop using them immediately and return them to the store for a full refund.

· DuPont is recalling bottles of Heavy Duty Acidic Cleaner Bottles, due to a risk of severe skin irritation and burns. The bottles can build up pressures, causing the liquid to leak out of the caps in full or nearly full bottles. There have been two reports of skin irritation and peeling skin due to the leaks. If there are signs of leakage, consumers should stop using the bottle. Even if there are no signs of leakage, consumers should wear gloves when handling the product.

· Green Mountain Vista Inc. is recalling 7,300 insulated black-out roller shades and insulated Roman shades after a two-year-old girl almost strangled on the cord of one of the products. The girls suffer deep neck bruising but has recovered. Those with the shades should immediately contact the company for a repair kit.

· Target is recalling 365,000 dive sticks because of an impalement hazard. The sticks, which were sold in a bundle of three multi-colored sticks, could remain upright in the pool, posing a danger to children in the water. Target asks customers to return the sticks for a full refund.

Pennsylvania State Trooper Crack Down On I-81 Traffic Violations To Prevent Car Accidents

blog@www.reillylawpc.com (News Author)6531 — Wed, 03 Dec 2008 08:00:00 EST

According to MarketWatch, the four-week crackdown by Pennsylvania State Police on Interstate 81 has ended in almost 1500 tickets and over 700 written warnings. The increased one-month enforcement was called the Ticketing Aggressive Cars and Trucks Campaign (TACT) and was meant to reduce aggressive driving and car and truck accidents along the stretch of I-81 between Dauphin County and Cumberland County near Harrisburg, PA, a 33-mile stretch beginning at the Newville exit and ending at the I-83 junction.

The campaign, which began near the end of October, resulted in 1,498 traffic citations and 730 written warnings by Penn State Troopers. Officers used marked cars, unmarked cars, and fixed-wing aircraft in their efforts.

"The purpose of the TACT campaign was to educate car and truck drivers about the dangers of driving aggressively," State Police Commissioner Frank Pawlowski said. "The citations and warnings make it clear to all drivers that state police are serious about traffic safety."

In addition to having extra police cars in the area on the lookout for aggressive driving and breaches of the law, the campaign also included PennDOT public awareness and public education aspects that included radio spots, posters in public buildings, informational brochures, and highway billboards. All of these materials encouraged safe and cautious driving and taught readers how to steer clear of unsafe driving situations on the road.

The safety push also included the inspections of commercial vehicles like big rigs, in which police officers looked for tired drivers, trucks over the weight limit, and faulty equipment. Almost 100 inspections were conducted and 25 violations were found.

TACT was sponsored by the Commercial Vehicle Safety Alliance, an organization mad up of law enforcement officials, truck and bus companies, industry associations and insurance companies in North and Central America.

Freak Truck And Car Accident Kills Woman on Route 22 in Lehigh County

blog@www.reillylawpc.com (News Author)6528 — Tue, 02 Dec 2008 08:00:00 EST

WFMZ News Channel 69 reported on a strange traffic crash on the eastbound lane of PA Route 22 in Lehigh County, Pennsylvania that killed 42-year-old Michele Lamaze of Whitehall Township, PA, on the morning of November 18.

Penn State Police say that that an 18-wheeler truck was traveling under the Fullerton Avenue overpass when the top of his steel cargo container hit the underside of the bridge and slide off the back of the truck and onto the highway. Lamaze was driving a jeep behind the truck and crashed into the lost container. She was killed in the accident and her jeep was completely totaled. She was pronounced dead at the scene of the accident.

The truck was driver by Robert Kostadinov, a 29-year-old driver from Ohio.

The overpass is thirteen feet and ten inches tall - the truck's load must have been over regulation to not clear the bridge. It's a common treat to semi truckers. According to PennDOT spokesperson Ron Young, trucks are allowed by law to be no higher than thirteen feet and six inches high. Young recommended that other drivers stay well back from trucks especially when they travel under bridges - tailgating is not a good idea.

One truck driver, Randy West fall told reporter Jackie Shutack, "You don't know. There could be some buildup, especially during the winter. Snow buildup, it might be lower than you expect."

Another truck driver, Cliff Zerfoss, added, "You gotta set your route and look on a map and know where you're going beforehand because it'll show you if there are low overpasses."

In instances when trucks do exceed thirteen feet and six inches high, they are told to apply for an exemption and then re-routed to avoid all low bridges and overpasses.

State police have not finished their investigation of the incident and have not filed any charges against the truck driver.

Lackawanna County Jury Awards $20.5 million for Medical Malpractice Verdict

blog@www.reillylawpc.com (News Author)6527 — Tue, 02 Dec 2008 08:00:00 EST

After four hours of deliberation, a jury in Lackawanna County awarded $20.5 million to the white family as compensation for a medical malpractice incident seven years ago.

The Whites, who live in Jermyn, Pennsylvania, were expecting a baby in 2001. When Mrs. White became concerned about the pregnancy on June 30, she called her OB/GYN at OB/GYN Consultants Ltd. in Scranton, PA, for help. A doctor recommended she go to the Community Medical Center, where a fetal monitor showed the baby was in distress.

The same doctor, Behlike, was called, but did not arrive for two hours. During that time, the baby did not receive enough oxygen. Labor was incuded, and finally a Cesarean section was done four hours later. By that time, the baby had suffered permanent damage.

Today, the baby, Cody, suffers from cerebral palsy and does not have use of his hands. He is also almost completely blind and severely mentally retarded. He functions at the level of a six-month old and cannot walk or talk.

"Almost all of the money will be used for his care," the lawyer said. "He needs 24-hour care ... for the rest of his life."

The amount of the reward is unprecedented in Northeast Pennsylvania, with only three medical malpractice cases surpassing $5 in the past seven years. The jury found Richard Behike as well as Community Medical Center negligent in the treatment of Laura White and Cody White , with most of the blame landing on Behike's shoulders.

Cody will require 24-hour care for the rest of his life. $2 million will be given to the family immediately, with $18.5 million withheld to be given to Cody on his 18th birthday. The money was given for lost earning capacity, pain and suffering, and medical expenses.

"He's a great little boy," Mr. White said. "He has a lot of difficulties, though. He can't walk or talk."

Norristown Teen Admits Hit-And-Run Involving Toddler In Montgomery County PA

blog@www.reillylawpc.com (News Author)6525 — Tue, 02 Dec 2008 08:00:00 EST

According to the North Pennsylvania Reporter, 19-year-old Jeremiah Farrior of Norristown, PA, pleaded guilty to a felony charge regarding a hit-and-run accident that killed a small child in April of 2008. The non-jury trial is taking place in Montgomery County Court and is being resided over by Judge Thomas C. Branca. The accident occurred at dusk, when three-year-old Juan David Gonzalez darted out into the 200 block of East Oak Street and was hit by the oncoming car.

According to authorities, Farrior did not stop his car or get help when the accident took place, but rather drove off hoping he would not be seen. However, an eyewitness saw the 1997 red Ford Taurus and noted his license plate as he left the scene.

"While nothing can ever make up for killing a child, the right thing to do in that situation would have been to stop and render aid," said Assistant District Attorney Anthony Gil.

Although Gonzalez was rushed to Montgomery Hospital, he was pronounced dead less than an hour after the accident took place. The coroner said that the autopsy revealed a death from multiple traumatic injuries.

The felony charge for a hit-and-run that results in death or serious injury carries a minimum sentence of one year and a maximum sentence of four to seven years. Sentencing is being suspended while court officials piece together a background check on Farrior. The investigation into Farrior's past will help the judge make his decision.

"If someone dies as a result of an accident and you do not stop, report it or render aid, the law considers it very serious," Gil said.

Farrior is free on $30,000 bail until his sentencing.

"The victim does have family in the area and they were eager to see justice done," Gil said on behalf of Gonzalez's survivors.

Norristown, PA, Motorcycle and Hit and Run Leaves One Seriously Injured.

blog@www.reillylawpc.com (News Author)6149 — Tue, 18 Nov 2008 08:00:00 EST

According to the Norristown Times-Herald, Carl Bean, 38, of Parker Ford, Pennsylvania, was riding a motorcycle westbound on the 800 block of West Main Street in Norristown, PA, on Thursday, September 27, 2008, a few minutes after 7 PM, when disaster struck and he became the victim of a hit-and-run case.

A 1988 Acura was driving eastbound on the same road when the car turned suddenly toward Stanbridge Street, according to the motorcyclist. Bean, from Chester County, PA, was not able to veer out of the vehicle's path, but rather toppled over on the roadway after trying to miss the path of the ongoing car.

According to Norristown Police reports, the car then ran over the downed bike and continued driving. The driver of the car not only continued on for approximately 30 feet with the biker trapped under his car, but also proceeded to turn onto Stanbridge Street. When the driver stopped just after the intersection, he got out of his car and immediately fled on foot.

Although authorities are not sure who was in the vehicle at the time of the motorcycle accident and subsequent hit-and-run, the accident report listed the owner of the car as Jose Martinez-Primitivo of Woodland, California.

Bean, meanwhile, was pulled out from under the car wreck by a local rescue team. He was then airlifted to the University of Pennsylvania Hospital, with serious head injuries. Days later, Bean is still recovering at the city hospital and is listed as in stable condition, according to Norristown Police Chief Russell Bono.

If you have any information on this hit-and-run case, or were a witness to the accident, contact the Norristown Police immediately.

Another West Mifflin Roadway Accident Raises Concern in Road's Safety

blog@www.reillylawpc.com (News Author)6152 — Wed, 29 Oct 2008 08:00:00 EST

The Mckeesport Daily News reports that many continue to be concerned about the stretch of Pennsylvania Avenue that passes through West Mifflin. A new crash this weekend is one of many that have occurred on this road in the past few months and weeks.

After midnight on Sunday, off-duty McKeesport police officer Tim Conboy, 43, struck a house along the 2500 block of Penn Ave, causing property damage. Alcohol may have been a factor in both the accident and in the officer's apparent suicide later that night after he left the accident scene. A witness said that after the accident, Conboy exited his truck and ran to his home on Sunset Drive, where he lived with his mother. When the police arrived to investigate, they heard the gun shot and found the man dead. Before the incident took place, Conboy's girlfriend reportedly tried to stop the man from driving drunk.

Although alcohol might have played a part in the Penn Ave crash, it is not the first. There have been a disturbing series of wrecks in the area in recent months.

"They fly through there," said borough council Vice President Arlene Jabbour, who lives along Pennsylvania Avenue.

Another resident who lives on the street agreed, although he declined to be named.

"People drive like maniacs along there," he said. "People who drive the speed limit are practically forced off the road."

Many of the accidents are single-vehicle crashes, with Former borough councilman Albert Kopay Jr. witnessing a one-car crash last spring. In that accident, a Jeep Grand Cherokee hit a telephone pole on the 2100 block of the road. At the time, Kopay was mowing his lawn when the crash occurred, which broke the utility pole in half and in which speed was certainly a factor.

"This is nothing new," he said. "People come flying down here all the time. That pole has been hit before."

Kopay added that the fence in front of his house was destroyed by yet another car accident a few years ago.

"People just have to slow down," he said. "We're lucky no one was killed out here today."

Drug Manufacturer Eli Lilly Settles Zyprexa Legal Issues in Pennsylvania

blog@www.reillylawpc.com (News Author)6151 — Wed, 29 Oct 2008 08:00:00 EST

According to the Associated Press, pharmaceutical drug giant Eli Lilly has finally settled a 32-state legal issue revolving around their drug Zyprexa. Although the drugmaker did not admit wrongdoing as part of the settlement, the company will split $62 million between the states, which include Pennsylvania.

Zyprexa is a drug used for the treatment of a number of mental disorders, including schizophrenia, depression, mania, and bipolar disorder. However, Eli Lily was accused of marketing the drug for other uses not yet approved by the Food and Drug Administration, such as pediatric care and dementia. The drug was also marketed for use at higher doses than those tested and approved by the FDA.

As the law stands currently, doctors are allowed to prescribe drugs to patients for uses aside from those approved by the FDA, but the companies that manufacture the drugs may not advertise the drugs for situations outside of the approved uses - often referred to as "off-label" uses.

Some of the accusations also claimed that the drug's marketing of the drug did not accurately or thoroughly disclose the drug's side effects, which include weight gain, dry mouth, dizziness, insomnia, urinary retention, sedation, seizure, trouble swallowing, missed periods, runny nose, low blood pressure, impaired special orientation, apathy, increased appetite, and impaired judgment.

In addition to the cash settlement, the company also agreed to a handful of mandates moving forward. Aside from halting misleading claims and shady marketing efforts, Eil Lilly also agreed to make the medical staff - not the marketing staff - act more responsibly in regards to written content produced about Zyprexa.

Although Zyprexa has been profitable for the company - racking up $4.8 billion in sales just in the last year - the drug company has also struggled with over 31,000 product liability claims against the drug in the last two years. So far, the claims have led to $1.1 billion in legal fees and settlements.

Specifically in Pennsylvania, a number of different groups, from insurance companies to unions to individuals, are suing Eil Lilly for a number of reasons, ranging to the price of the drug to the marketing of off-label uses. A federal judge has granted the pkaintiffs a class-action lawsuit.

"We believe all of the parties involved share an interest in putting this dispute behind us," said Robert A. Armitage, Lilly's senior vice president and general counsel. "From our standpoint, it's certainly in the best interests of the company and the patients, caregivers and health-care professionals who continue to rely on this life-saving medication," he said, adding that Zyprexa remains available to patients and on formularies for Medicaid programs in all 50 states.

"Lilly's policies and practices already mirror most of the provisions included in the proposed consent decrees. This resolution reflects our commitment to continually build on a foundation of compliance, accuracy and transparency," Armitage said.

Pennsylvania State Police Find That 80 Percent Of Car Seats Not Installed Safely

blog@www.reillylawpc.com (News Author)6150 — Wed, 29 Oct 2008 08:00:00 EST

September included National Child Passenger Safety Week, and to raise awareness, Pennsylvania State Police inspected child car seats around the state. Shockingly, according to The Morning Call, a full 80% of the child safety seats were not installed properly, rendering them useless. Although the children are still in the seat, not installing them correctly may even put them at risk for being more seriously injured in any car accident they may be involved in.

Many may not realize that PA law states that children under eight must not only be in a safety seat, but that they must be securely fastened correctly into an approved child passenger restraint seat.

During the week of September 21-27, PA State Troopers inspected 619 eats at 72 different locations. Over 80%, a staggering 502 of the seats were not correctly installed in the car, according to a state issued press release. All in all, 284 citations were written and 1,351 writen warnings were distributed. Citations were only given to those pulled over for other reasons - those who brought their seats in to be inspected were not cited.

"Child passenger safety seats save lives, but only when they are used properly," State Police Commissioner Frank E. Pawlowski was quoted as saying in the release.

Even more shocking may be the news that Pennsylvania's car seat installation issues are probably echoed across the country and that even more children are in danger while riding in the car. Officials from the US National Highway Safety Administration reported that misuse rates did not change due to geographic, socioeconomic, or educational levels - everyone is equally likely to install a safety seat incorrectly.

Most incorrect inspections revealed that many parents do not know to anchor the child seat to the car's normal seat, which cases the car seat to fly if the ca is impacted. The police officers also reported that seats were turned the wrong way or that the safety seat's harness was not being used correctly. In a number of other cases, parents were utilizing safety seats that had been recalled due to performance defects.

Lancaster County Widow Files Medical Malpractice Suit Over Iraq Solider Suicide

blog@www.reillylawpc.com (News Author)5920 — Tue, 07 Oct 2008 08:00:00 EST

In a story that is receiving national coverage by the Associated Press, the Pennsylvania widow of an Iraq War vet is suing the United States Government Veterans Administration for her husband's death by suicide. Specifically, the wife is suing the Lebanon VA Medical Center and its staff for negligence.

Donald Woodward served in the Army in Iraq from March 2003 to August 2003 and was discharged in November of 2003. He served in the 4th Infantry Division during Operation Iraqi Freedom. On March 3, 2006, he was found on one of his favorite hiking trails in Lancaster County along the Enola Low-Grade Line. He was dead of a self-inflicted gunshot. He was a 2000 graduate of Penn Manor High School.

The Lebanon Daily News reported that Tiera Woodward of Lancaster County has filed a $2 million wrongful death and medical malpractice lawsuit at the Middle District Court on Monday, October 5.

Like many soldiers, Woodward's time in the army was traumatic. He killed three Iraqis during a battle with an Iraqi tank while his lieutenant was also killed in battle. About a year after his discharge, his family says he began to act quiet, withdrawn, and generally different. Although he enrolled in Millersville University to study biology, he dropped out after a semester. He then had difficulty holding down a number of jobs.

According to Woodward's mother, Lori Woodward also of Lancaster, her son had tried to commit suicide twice after returning from the war. In July of 2005 he tried to take his life and his family contacted the Lebanon VA Medical Center for assistance. In November of the same year, he tried to kill himself again by lighting his truck on fire but was pulled out of the burning vehicle by relatives.

After his second attempted suicide, he called the Lebanon VA Medical Center, where he was screened for mental trauma (like post traumatic stress disorder, PTSD) and depression and given a prescription for Zoloft. Despite evidence that he suffered greatly from both disorders and that he was a danger to himself, he did not meet the center's standards for major depressive disorder.

In the lawsuit, Tuera Woodward outlines that she was not informed when her husband stopped appearing for appointments at the center or of his erratic behavior and refusal to take his anti-depressants. Woodward's doctor, Douglas Ockrymiek, did not schedule a follow-up appointment when Woodward said that he had stopped taking his medication due to diarrhea and did not have Woodward sign a HIPPA release to give the family permission to know his medical situation. Woodward shot himself eight days later.

According to Lancaster Online, the suit says that the U.S. Government "acted negligently, grossly negligently, carelessly and recklessly in treating Woodward." All in all, the suit lists 27 specific allegations.

The $2 millon sum is to cover hospital costs, medical costs, pain and suffering, loss of earnings, loss of retirement, loss of Social Security, and loss of enjoyment of life.

Allstate Insurance Company Unveils Innovative Software Program In Pennsylvania To Reduce Car Accidents

blog@www.reillylawpc.com (News Author)5858 — Wed, 01 Oct 2008 08:00:00 EST

In a press release posted on CNN Money, Allstate insurance company announced that it will launch a "brain fitness" software program developed to increase driver safety on the roads of Pennsylvania. The software, called InSight, strives to improve the mind of the driver by improving people's visual alertness. Allstate hopes that InSight will help drivers 50 years and older reverse age-related cognitive decline and reduce car crashes. InSight will be launched in Pennsylvania first, via Allstate agents and in conjunction with company Posit Science.

Allstate says that it picked PA to launch its program because the state holds the fifth highest number of Allstate members. Nearly 200,000 drivers between the ages of 50 and 75 are on the invite list to join the innovative program. You can see a demonstration of the program at www.allstate.com.

"Allstate's commitment to reinventing protection for the consumer -- at every stage in life -- goes beyond protecting possessions. We're offering people an innovative solution in hopes of improving their personal safety and quality of life," said John Kane, regional distribution leader, Allstate Insurance Company. "Allstate has a strong history of providing differentiated products and services for our customers and we are continually seeking ways to add value to our customers. Together with Posit Science, we are embarking into uncharted territory to help meet the need of a growing population."

In the future, Allstate hopes to offer insurance discounts for those who use the computer exercises to stay safe and alert on the roads. In studies so far, the software has reduced dangerous driving habits by up to 40 percent and improved stopping distances by 22 feet when driving 55 MPH. Allstate's goal is to reduce crash risks by a solid 50 percent.

"Allstate leads the way in driver safety once again by focusing on the number one driver safety device, the brain," said Jeff Zimman, CEO of Posit Science. "Allstate and Posit Science are protecting more than your car and your wallet; they are also protecting you and saving lives by implementing a program shown to improve driving abilities and reduce crash risk."

Pennsylvania Physicians Continue Concern over Medical Malpractice Insurance

blog@www.reillylawpc.com (News Author)5853 — Wed, 01 Oct 2008 08:00:00 EST

Until this year, doctors in Pennsylvania have benefited from the Medical Care Availability and Reduction of Error Fund (Mcare Fund), which helps physicians make their medical malpractice insurance payments with significant subsidies. However, according to the Kaiser Daily Health Policy Report, this year Pennsylvania House democrats along with democratic state Governor Ed Rendell are refusing to renew the abatement program until the Republicans in the house agree to expand general healthcare coverage to more people across the state.

The Mcare Fund will expire in November.

Currently, the Pennsylvania House is in a stalemate, with Republicans stating that they will not reauthorize the Pennsylvania Health Care Cost Containment Council until the matter is resolved. The council is an independent state agency that addresses the problems of escalating health care costs and increases health care access for all PA citizens regardless of their ability to pay.

Chuck Ardo, a spokesperson for Rendell, said, "We certainly believe that the Mcare extension should be done, but also believe that uninsured Pennsylvanians deserve as much consideration from the commonwealth as do doctors," adding, "If we can add a 25-cent levy on cigarettes to benefit doctors, we can certainly add an additional dime, and tax cigars and smokeless tobacco, to benefit the uninsured"

Outside of the government argument, real people are facing the problem of neither program being reinstated - both doctors and those seeking affordable health care. Doctors across the state are worried that without an abatement program, their insurance premiums will rise indefinitely.

Chuck Moran, a spokesperson for the Pennsylvania Medical Society, said, "We're not certain what would happen, but there is the ever-present threat that doctors might leave the state in favor of places with lower insurance premiums," adding, "For (independent) physicians, it comes down to simple business math."

The Reporter Online added urgency to the story, by noting that the last day the Pennsylvania Senate operates is October 8. The article also reported that in 2007, almost a million working-aged people in Pennsylvania don't have health insurance coverage.

Pennsylvania State Police Unveil Initiative To Reduce Truck and Car Accidents on I-81

blog@www.reillylawpc.com (News Author)5843 — Tue, 30 Sep 2008 08:00:00 EST

The Wall Street Journal's Market Watch has reported that Pennsylvania will adopt an increasingly popular car and truck accident prevention initiative. The Ticket Aggressive Cars and Trucks initiative, or TACT, is already in effect in seven other states. In Pennsylvania, the initiative will go into effect near the Harrisburg stretch of I-81, for a 33-mile stretch between the Newville Exit in Cumberland County and the intersection of I-38 in Dauphin County, according to Pennsylvania State Police.

Acting State Police Commissioner Frank Pawlowski told reporters during a news conference that TACT "encourages safe driving behaviors by those driving passenger cars and commercial vehicles." TACT is funded by the Federal Motor Carrier Assistance Administration, through a grant written by the Pennsylvania Department of Transportation.

"We typically have a lot of trucks through this area and troopers have investigated more than 750 crashes involving commercial vehicles along I-81 in Cumberland and Dauphin counties since 2003," Pawlowski said.

The initiative is two-pronged. First, TACT will put up billboards, posters, and brochures in order to spread safety awareness to drivers, especially about the importance of sharing the road and avoiding unsafe situations with commercial trucks.

Secondly, State Troopers will aggressively pull over and ticket drivers who make dangerous decisions on the road. The idea is that police look at illegal actions that have historically led to car and truck crashes, such as unsafe lane changes, speeding, and following too closely. In general, drivers will not be adversely affected by the TACT initiative if they follow they rules of the road and drive defensively.

"Many passenger car drivers don't know a truck's limitations in terms of maneuverability, stopping distances and blind spots," Pawlowski said. "Driving around large trucks requires extra care."

Police will also be utilizing unmarked police cars and fixed-winged aircraft to enforce the initiative. On the side of the commercial vehicles, police officers will be on the lookout for truck that appear to break the weight limit, trucks that have faulty equipment, and trucks that are being driven by fatigued drivers.

September Product Recalls In Pennsylvania – Avoid Injury Due to These Defective Products

blog@www.reillylawpc.com (News Author)5844 — Tue, 30 Sep 2008 08:00:00 EST

We would like to think that anything that is developed, tested, and manufactured is safe for use in our home and by our families. However, for dozens of products each month, this is not the case. The most unfortunate aspect of this statistic is that we discover that products are dangerous only when multiple people report injuries and fatalities. From the US Consumer Product Commission, here are some of the product recalls and defective products reported in the month of September:

Buzz's Boatyard Toy Boats About 200 toy boats are being recalled after it was discovered that the toys contain an excess level of lead and violate the federal lead paint standard. More specifically, two models of the Pop Pop toy boats are dangerous: the "Titanic" and the "Hut." No injuries have been reported, but the toy company is recommending parents immediately take the toys away from children and contact them for a refund or exchange.
IKEA Kviby Chests Swedish furniture company IKEA is recalling 26,000 chests that have glass knobs that have broken either during assembly or use. The broken glass knobs have caused lacerations on 11 customers, three requiring immediate medical attention. Those who have purchased the chest should remove the knobs carefully while protecting their hands with gloves and then contact IKEA for replacement knobs and screws.
General Electric Toasters Wal-Mart has sold 210,000 General Electric toasters that suffer from electrical shorts between the heating element and bread cage. So far, Wal-Mart has received 140 reports of fires and sparks, though no injuries have been reported yet. The models have a chrome covering and black plastic base with two or four toast slots. Customers should immediately stop usage of the toaster and return it to the store for a full refund or replacement toaster.
Studio RTA TV Stands Over 48,600 unstable TV stands are being recalled from across the country after the company found that the stability of the stands did not meet industry standards and posed a threat to children as a tip-over risk. No injuries have been reported yet. This recall involved four different models, sold at Best Buy and other retailers. Those with the TV stands in use should remove their TV from the stand and contact Studio RTA for a repair kit.

Pennsylvania Helmet Law Appeal Increases Freedom, But Increases Serious Injury

blog@www.reillylawpc.com (News Author)5845 — Tue, 30 Sep 2008 08:00:00 EST

According the Philadelphia's family newspaper The Bulletin, it has been five years since Governor Ed Rendell signed the helmet law repeal into effect in July of 2003. This repeal came only a few months into his election and twenty years after the federal government stopped tying mandatory helmet laws to state highway funding.

Rendell's new law states that riders in Pennsylvania over 21 with two years of licensed riding experience may decide whether or not to wear a protective helmet while on their motorcycle, moped, or motorized scooter.

According to the National Highway Traffic Safety Administration, since the federal pressure came off, 30 states across the country have softened their helmet laws.

Some, such as the Alliance of Bikers Aimed To Educate (ABATE) think the laws increase freedom, something that Philadelphians take very seriously. The governor agrees that it is a matter of personal freedom, even if helmets have proved to decrease the chance of death or serious head injuries in the event of a motorcycle accident.

"The governor believes wearing a helmet is a matter of individual choice," Rendell spokesman Chuck Ardo said, "He certainly believes that wearing a helmet is the better choice and encourages people to do that, but he does not feel that it ought to be mandatory by law."

The flip side of the argument examines recent statistics. Even though the number of motorcycles and scooters has increased by 27 percent, the number of head injuries related to motorcycle accidents was up 42 percent. At the same time, even with more vehicles on the road each day, car accident injuries and fatalities have been declining. This points to an obvious lag in motorcycle safety that one could easily tie to the newly lax helmet laws.

"Every time there's been a repeal, in every state we've looked at," RaeTyson, the NHTSA spokesman said, "there has been an increase in fatalities, even when you add for an increase in rider registrations."

Those in the middle of the argument, like longtime motorcycle accident researcher Harry Hurt, say that those who don't believe in helmet safety - no matter what the law is - are in the vast minority. Just because there is a law that doesn't require helmet use, they argue, doesn't mean that safe and smart motorcyclists don't buy the best helmets available to them.

Route 15 Crash Leaves Danville Soldier Dead In Pennsylvania

blog@www.reillylawpc.com (News Author)5584 — Fri, 29 Aug 2008 08:00:00 EST

A head-on collision on Route 15 in Lewisburg Pennsylvania left a Danville Army soldier dead and another man injured, according to the Daily Item. Minutes before 8 AM on Monday, 22-year-old Spc. Jason M. Woodruff was making a left-hand turn into the Pennsylvania Army National Guard Armory when a 1997 Saab struck his vehicle head on. The Saab was driven by 22-year-old Timothy J. Losch of Sunbury, PA. The two-car collision took place Valley Township in Montour County.

Both men were rushed to Evangelical County Hospital where Losch was treated for his injuries and released while Woodruff was pronounced dead, according to the The Daily Item. According to the Standard Journal of Milton, the Union County Sheriff’s Office, the William Cameron Engine Company, and a medic union were at the scene of the crime in addition to East Buffalo Township and Lewisburg Police units.

Woodruff was serving in the Pennsylvania National Guard at the time of his death and was scheduled to be deployed to Afghanistan after recovering from medical back problems. The heavy equipment operator was married to Gretchen Woodruff and was a 2004 graduate of the Danville Area High School.

The actual cause of the accident is still unclear and police are still investigating the details and looking for more witnesses and answers. In particular, East Buffalo Township police are asking the driver of a the red pickup trick of unknown make who was driving north on Route 15 at the time of the accident. The truck was in the passing lane traveling next to the Saab at the time of the crash. Anyone who has more information about the accident should call police at (570) 524-2943.

This was the second fatal accident to affect Danville Area High School graduates in three days – 32-year-old Jason Wright was also killed in a nearby two-car Valley roads collision on Friday.

ProMutual Group Decreases Pennsylvania Doctor Medical Malpractice Insurance Rates

blog@www.reillylawpc.com (News Author)5578 — Fri, 29 Aug 2008 08:00:00 EST

According to MarketWatch.com, physicians in Pennsylvania insured by ProMutual Group will see a six percent decrease in the base rate of their insurance premiums related to medical liability. This new change will go into effect for both new policy-holders and renewal policies.

"We are pleased that our overall stability as a company has allowed us to lower rates for individual physicians and surgeons in Pennsylvania," said Richard W. Brewer, president and CEO for ProMutual Group. "Although there are cycles of highs and lows in the insurance industry, ProMutual Group has been able to keep rates relatively level for physicians so that they can focus on patient care rather than premiums."

All Individual Professional Liability (IPL) holders will benefit from this six percent rate drop, which was reached after researchers and analysts found data and patterns that supported a decrease for both physicians and surgeons. However, certified nurse midwives will see an extremely large increase of 150 percent above their current rate.

ProMutual Group is a relatively new insurance provider in Pennsylvania although they have a more established history of providing medical liability coverage to those in other areas.

According to the Supreme Court of Pennsylvania, there has been a significant drop in medical malpractice filings state wide in the last five years. While the number of cases across the state hovered around 2,500 in 2000, 2001, and 2003, medical malpractice lawsuits have shrunk to more manageable numbers in the 1,600s since then. Philadelphia still leads the state in malpractice cases, seeing between 500 and 600 cases a year, with Mercer and Westmoreland Counties following behind with significantly lower numbers in the double digits.

All in all, Pennsylvania has seen a state wide decrease of 40 percent over the last eight years in medical malpractice cases - good reason to lower doctors' insurance premiums. However, a drop in medical malpractice suits does not necessarily mean that there has been a drop in medical malpractice cases. Many doctors and hospitals are choosing to settle out of court. Also, there is no way to know what percentage of medical malpractice incidents go unreported. In a recent report released by the Institute of Medicine, the vast majority of medical errors go unreported.

Recent Consumer Product Recalls in Pennsylvania

blog@www.reillylawpc.com (News Author)5586 — Fri, 29 Aug 2008 08:00:00 EST

Although most products are successfully tested for safety before they are put on the market, each month dozens of unsafe or poorly labeled products and devices are put on the market and bought by regular families all over the country, including Pennsylvania. Each month, we try to put together a list of some of the more dangerous products and items that could be in your home - or that could have already seriously injured you or someone you love. All information is from the US Consumer Product Safety Commission.

Taggies Strollin' Along Stroller Activity Bars. 10,000 until sof this International Playthings toy are being recalled due to a choking hazard. The shiny material on the elephant's ear can detach and poses serious dangers to young children. Consumers should immediately stop using the toy and call International Playthings for a free - and safe - replacement.
Kenmore Elite Coffee Makers. 145,000 coffee makers have been sold that have bad wiring that overheats. The hot wiring can lead to burns and fire hazards. So far, Sears has received 20 reports of melting and burning as well as 12 reports of fire and property damage. Owners of these 12-cup coffee makers should immediately unplug their coffee makers and return them to Sears.
Wolf SL Carbon Bicycle Forks. Manufactured by True Temper Composite Material Products Co., this bike part has been breaking during normal use, and the company has already caused 12 reports of dysfunction and 2 injuries, including a broken wrist and abrasions. All 5,800 users should stop biking immediately and bring their bike to get a new fork installed for free by Cervelo SA.
H2O Portable Hand Held Steam Cleaners. Thane International is recalling 134,000 hand held steam cleaners after there were 27 reports of burn injuries to customers' hands and fingers. Apparently, steam has been escaping from the handle and trigger of the device, causing injuries. Consumers should stop using the product and request a few replacement steam cleaner. For more information on the serial numbers affected, click the above link.
Batteries in Radio-Controlled Helicopter Kits by Hobbico. 11,000 units have been sold of rechargeable batteries that can overheat and catch fire while charging. Although no injuries have been reported, there have been 28 reports of batteries melting and catching fire as well as 27 reports of minor property damage due to fire. If you have these batteries, stop using them at once and contact Hobbico for more information on replacing your product with a safe one that is not a fire hazard.

Bizarre and Fatal Car Accident on 1-95 Leaves Many Asking Questions

blog@www.reillylawpc.com (News Author)5536 — Mon, 25 Aug 2008 08:00:00 EST

The Delaware County Times reports that police have now turned to the public for information in the strange car and truck accident that took place on 1-95 near the Walt Whitman Bridge in South Philadelphia, PA, on August 13.

When 64-year-old Maurizio Bertoli and his wife and passenger, 62-year-old Laura Bertoli, were driving Northbound at 2 PM when a tire from a big rig traveling south flew off of the truck and bounced into the oncoming traffic on the other side of the divide. The tire slammed in to the car's windshield and killed Bertoli instantly. He was pronounced dead at the scene, while his wife was taken to a local hospital to be treated for minor injuries, according to state police. The couple was driving a Honda minivan.

Philly.com reports that the truck lost not one but two tires.

The driver of the big rig was Willie Benjamin, a 40-year-old 18-wheeler driver. His truck and his log books are being reviewed for hints of what happened, while Benjamin himself has been interview by police and subjected to a drug test. Pennsylvania State Police have ruled out drugs and alcohol as factors in this tragic accident.

I deeply regret what happened to the family," truck driver Willie Benjamin said to reporters on Friday in regards to the tragedy.

Philadelphia NBC News Channel 10 further reports that the truck driver's vehicle was not fit for the road, and that a broken lug nut was responsible for the freak fatal accident. In fact, while inspecting the truck, police found several safety violations including the absence of a speedometer and an inspection sticker that expired in April.

The company that owns the truck cab, J and B Flooring, told authorities that the speedometer was being repaired at the time of the accident, while the company that owns the trailer, Johnson and Dennis, said that the truck had been inspected in the last week, and that Pennsylvania does not require an inspection sticker to be displayed.

State police have now asked anyone with information or anyone who witnessed the crash to all the Pennsylvania State Police hotline at (215) 560-6200. No charges have been filed as of yet.

Brain Tumor Sufferer Awarded $11 Million in Philadelphia Malpractice Suit

blog@www.reillylawpc.com (News Author)5505 — Wed, 20 Aug 2008 08:00:00 EST

According to The Philadelphia Inquirer, brain tumor victim Yanira Montanez was awarded $11.2 million by a Philadelphia jury after hearing her medical malpractice case. The verdict included $5.9 million for future medical expenses that will be paid as Montanez needs funds.

The suit was filed against two ER doctors, Episcopal Hospital, Northeastern Hospital, and the Temple University Health System. All were found to be negligent in their treatment of the 20-year-old patient. The award was the third this year in Philadelphia to reach over $10 million in a single suit.

What went wrong? When Montanez visited two different hospital ERs with complaints of headaches, numbness, nausea, vomiting, and a number of other symptoms that suggested a brain tumor, neither ER doctor ordered a CT scan to check for brain tumors. The scans cost the hospitals thousands of dollars, although hospitals are only reimbursed $135 for the procedure. The tumor was not discovered until days later, when her disease caused her to pass out and fall down a flight of stairs.

Three years later, Montanez is wheelchair-bound, paralyzed, blind, and brain-damaged. She needs ongoing 24-hour care and extensive financial support, for both herself and her 4-year old daughter who was born just months before Montanez fell ill. Before the tumor, she was a young, healthy wife and mother.

"ER doctors have to listen and take the time to appreciate symptoms from patients to treat them appropriately," her attorney said. "In this case, for whatever reasons, they didn't do so and missed what were obviously neurologic problems that should have led them to order a CT scan."

On the other hand, the defense argued that Montanez's cancer was very rare and that her symptoms mimicked those of a pregnant woman.

"This is a needle-in-the-haystack diagnosis," Temple Health's associate counsel said. "We feel badly that she has suffered all of these injuries from her very rare cancer. He added that the ER doctors "treated her appropriately" and "none of her injuries are related to any failure of theirs."

The jury disagreed.

Montanez's attorney also discussed ethnic and economic discrimination during the case, stating that since the patient was on Medicaid, she was not given the treatment that would be allowed anyone carrying a Blue Cross Blue Shield card in their wallet.

The other two cases with over $10 million dollar verdicts this year involved breast cancer and liposuction. In February, a jury returned a $12 million verdict in a case a woman with breast cancer, and in May, a jury issued a $20.5 million verdict against a plastic surgeon in a case involving the death of an 18-year-old college student following a liposuction procedure, according to Jury Verdict Research.