Injuryboard Commentary - Personal Injury Lawyer

Increased safety needed for DC Metro Subway, train and bus drivers

Doug Landau — Sun, 29 Nov 2009 22:48:00 GMT

After four metro drivers have been injured in train accidents since June, it appears that greater safety training is needed by DC Metro. Union officials have also called for more safety training for new and existing subway train operators. Having tried cases where the employer tries to rely on the injured workers' signatures on a safety book, DC workplace accident lawyer Doug Landau knows firsthand that there must be actual, "hands on" safety training, and that such safety training must continue throughout a train, bus or Metro driver's career. Personal injury lawyer Landau notes that the National Transportation Safety Board is investigating the spate of accidents on the DC Metrorail system. Because these "common carriers" are subject to special rules and responsibilities when passengers are injured, the ABRAMS LANDAU trial attorney calls upon the District of Columbia Government to step up its safety training and accident prevention procedures.

A subway, train, railroad, ferry, bus and shuttle service are all generally Common Carriers. They convey passengers without refusal if the approved fare or charge is paid. The second definition in the Blacks Law Dictionary goes on to state that a Common carrier is “One who holds himself out the public as engaged in business of transportation of persons or property from place to place for compensation, and who offers services to the general public.” If you or someone you know has been injured in a Metro train, bus or subway car crash, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Helpful Hints In Selecting a Child Car Seat

Ed Normand — Fri, 13 Nov 2009 17:03:08 GMT

Baby Car Seats - Did you know...

Often parents move their child from a baby car seat to a full-size safety seat too soon. Data from crash-testing reveals that a baby is better protected in a rear-facing seat because the seat gives better support to the baby’s head and neck, and distributes the crash force over a greater area of their body. The general rule of thumb is to wait until your child is at least one-year of age, and weighs at least 20 pounds, before you move your child to a full-size safety seat. If your child weighs more than 20 pounds, but is still under a year of age, it is best to keep him/her in a rear-facing seat. The National Highway Traffic Safety Administration (NHTSA) and the Academy of Pediatrics (AAP), along with car seat safety advocates, now also recommend that babies remain in a rear-facing seat as long as possible, up to the weight limit of the seat. If the weight limit of the seat is 30 pounds, these groups recommend that it is best to keep your child rear-facing until they reach the weight limit of the seat.

Originally posted at InjuryBoard by Ed Normand

Amputations of Children’s Fingers Prompts Recall of a Million Strollers

Paul Napoli — Tue, 10 Nov 2009 17:53:48 GMT

November 11, 2009

The U.S. Consumer Product Safety Commission (CPSC) and Maclaren USA, Inc. have announced a voluntary recall of about one million children’s strollers due to reports of fingertip amputations.

The stroller’s hinge mechanism poses a fingertip amputation and laceration hazard to the child when the consumer is unfolding/opening the stroller. Maclaren has received 15 reports of children placing their finger in the stroller’s hinge mechanism, resulting in 12 reports of fingertip amputations in the United States.

A statement on the Maclaren website: Consistent with our unwavering commitment to child safety we are providing U.S. consumers notice of a voluntary recall of all Maclaren umbrella strollers sold in the U.S. In cooperation with the U.S. Consumer Product Safety Commission, we are providing free of charge to all affected consumers and retailers a kit to cover the stroller's hinge mechanism, which poses a fingertip amputation and laceration hazard to the child when the consumer is unfolding/opening the stroller.

ConsumerReports.org states that although all Maclaren strollers are certified by the Juvenile Product Manufacturers Associations to meet ASTM-International’s voluntary safety standard for strollers, they found a loophole in the standard. The standard addresses scissoring, shearing and pinching, but it only applies to situations where the stroller is in the manufacturer’s recommended use position—meaning unfolded with the hinges locked in place—to prevent injury to the occupant. According to Maclaren, at the time of the incidents, the children were outside the stroller and a parent or caregiver was either opening it or folding it up.

This recall involves all Maclaren single and double umbrella strollers sold at Babies“R”Us, Target and other juvenile product and mass merchandise retailers nationwide from 1999 through November 2009 for between $100 and $360. The word “Maclaren” is printed on the stroller. The affected models included Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller. A mass of parents and caregivers responded to the recall, tying up Maclaren’s customer service hotline and crashing the company’s website on Monday. As of Tuesday, the company’s website was up and running again.

Consumers should immediately stop using these recalled strollers and contact Maclaren USA toll-free at (877) 688-2326 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s Web site at www.maclaren.us/recall to receive a free repair kit.

The CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or by visiting www.cpsc.gov/cgibin/incident.aspx.

Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Defective products can cause a great deal of property damage or physical injury, even death. If your child has been injured as the result of a defective Maclaren Stroller or other product, you need the services of an experienced attorney who has successfully handled product liability cases. At Napoli Bern Ripka LLP, our attorneys will work with you to begin the process of filing a claim for payment of medical expenses incurred and compensation for the injury. Call 888-529-4669 today.

Originally posted at InjuryBoard by Paul Napoli

"Independent Medical Exams" are not !

Doug Landau — Tue, 10 Nov 2009 11:37:04 GMT

Almost every single case involving serious injury, permanent disability, head trauma or significant wage loss is confronted by an insurance company lawyer demanding an "Independent Medical Examination." The exam is usually not independent. It is not for treatment of the orthopedic or brain injuries, so the "medical" part of the phrase is intellectually dishonest. And as for an "examination," it's often more of a cross-examination than a genuine physical exam.

"Independent" medical exams ("IMEs") are commonplace in personal litigation, workers compensation, and occupational disease cases handled by ABRAMS LANDAU, Ltd. Because these are not truly "Independent" (as we see the same doctors performing exams for the same insurance companies who pay their bills, we refer to these as "defense medical exams" ("DME") or "insurance medical exams." A 3/31/09 New York Times investigation titled "Exams of Injured Workers Feed Mutual Mistrust," reported that, "Often IME doctors are hired by brokers that then have clerical staffs prepare reports based on dictation or checklists completed by the doctors, who often do not read the reports before signing them. The article gives examples of doctors signing reports on exams they never performed. One of the ways Herndon Reston area injury lawyer Doug Landau anticipates this practice is by offering the insurance company a physical exam early in the case, sometimes even before a lawsuit is filed. "The case we select involve serious, objective and usually permanent injuries," Landau notes. Because we have nothing to hide, I will offer to have my injured client submit to a voluntary physical exam with a qualified doctor, at a reasonable time and place, in lieu of a later examination after suit is filed." In effect, it is a "put up or shut up" move by the multi-state trial lawyer, known for his unique and innovative techniques.

Originally posted at InjuryBoard by Doug Landau

Fatal robe fire kills elderly woman; flammable fabrics

Doug Landau — Sat, 07 Nov 2009 20:29:00 GMT

Having experienced firsthand what happens when an elderly parent's robe ignites and catches fire, I came across notification of a wrongful death lawsuit on behalf of the estate of an 80-year-old woman who died after her robe caught fire while making tea in Connecticut. The lawsuit was filed against the company that sold the garment. According to the suit papers, a Pennsylvania-based company sold the imported chenille robes despite knowledge that they were highly flammable. Defendant Blair Corporation has recalled more than 300,000 garments since April because of fire hazards.

The U.S. Consumer Products Safety Commission expanded a recall after nine women died of burns from defective Blair chenille robes, jackets and tops. Many of the products, which include items made in Pakistan, pose risk of fatal burns and do not meet the standards set under the Federal Flammable Fabrics Act. For complete information about the lawsuit and the product recalls, visit flammablefabrics.org

Originally posted at InjuryBoard by Doug Landau

Cabbie Found Guilty in Philly Hit and Run Crash

Paul Napoli — Mon, 19 Oct 2009 23:59:35 GMT

October 18, 2009

Yves Aristilde, 63, was found guilty of homicide by vehicle, leaving the scene of an accident and related counts in the 2008 Philly accident that left a woman critically injured and her 5-year-old son dead.

About 1:45 a.m. on August 24, 2008, Dana Reynolds, 23, carried her son Terrell Elliott, 5, across Windrim Avenue near Lindley in Logan, when Aristilde struck them with his Yellow Cab. Officer Charles Phillips testified that Terrell hit the windshield, rolled over the hood and traveled 61 feet from the point of impact, and his mother was found 36 feet away. Witnesses stated that Aristilde’s cab was speeding through a red light at 15 mph above the posted 25 mph speed limit. The accident critically injured Reynolds and killed her son.

Aristilde, who left the scene of the accident, abandoned the cab about eight blocks away and walked to his home. He turned himself into police 14 hours after the accident and told police he did not stop because he heard gunfire. Assistant District Attorney Jude Conroy said eyewitnesses or police reports did not corroborate any gunshots.

Common Pleas Court Judge Benjamin Lerner issued the verdict after he heard the two-day nonjury trial. Aristelde awaits sentencing on December 8. He was taken into custody, by order of the Judge, pending arrangement of an electronically monitored house arrest. He faces 3 ½ to 7 years in prison for the manslaughter conviction. Aristilde had four DUI arrests, three convictions and several bench warrants for failing to show up for court proceedings, all in New York state, Conroy told the Judge.

If you, a family member or someone you know, have been the victim of a pedestrian vs. motor vehicle accident, contact us today to discuss your case and find out the best course of action to take to ensure that you get the compensation you deserve. Napoli Bern Ripka LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Visit www.napolibern.com or call 1-888-529-4669.

Originally posted at InjuryBoard by Paul Napoli

Fatigued Driving - What the Average Motorist Should Look for on the Road

Jeremy Thurman — Wed, 14 Oct 2009 21:40:11 GMT

The Federal Motor Carrier Safety Administration (“FMCSA”) states that a

driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.

As an Oklahoma trucking lawyer, driver fatigue is something we immediately look at in every motor-carrier collision. While there are medical conditions and other aspects we can and will discuss in the future that can clue one into driver fatigue, I want to touch briefly on what you can look for in other motorist that might alert you that the driver is fatigued.

The main effect of fatigue is a progressive withdrawal of attention from the road and traffic demands, leading to impaired performance behind the wheel. Things you should look at in fellow motorist is erratic speeding, lane position weaving, tailgating, following too closely, unnecessary braking, failing to use turn signals and simply failing to devote one’s full time and attention to the roadway.

So next time you are driving our roadways, pay attention and be a cautious driver and alert to your surroundings.

Originally posted at InjuryBoard by Jeremy Thurman

Brooklyn Man Dead and Stepson Seriously Injured by DWI Driver

Paul Napoli — Mon, 12 Oct 2009 23:29:15 GMT

October 12, 2009

Jorge Cortes, 26, was driving a Pontiac Grand Prix south on 21st Avenue in Bensonhurst when he ran a red light at 86th Street about 2:25 a.m. Saturday morning and struck a Nissan Maxima, police said. The two cars then hit a third vehicle, an unoccupied Chevrolet van parked near the intersection.

The driver of the Nissan, Eugene Malinsky, 48, of Brooklyn, was taken to Coney Island Hospital and pronounced dead soon after the accident. Malinsky’s 19-year-old stepson, who was a passenger in the Nissan, is in stable condition at Lutheran Medical Center, relatives said. Cortes, of Lanham, MD, also a patient at Lutheran Medical Center, remains in critical condition.

Some witnesses told police that Cortes passed through a steady red light and T-boned Malinsky’s Nissan. Cortes was charged with driving while intoxicated, manslaughter, vehicular manslaughter and criminally negligent homicide.

Eugene Malinsky, a Ukrainian man who immigrated to the United States from the former Soviet Union more than 20 years ago, was diagnosed with cancer after the Chernobyl Nuclear Power Plant released radioactivity in 1986. His cancer was currently in remission, relatives said.

If you, your child or loved one has been injured or your child or loved one killed in an auto accident, Napoli Bern Ripka LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Visit www.napolibern.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Paul Napoli

Driver in Mount Laurel Accident Charged with Vehicular Homicide

Paul Napoli — Mon, 12 Oct 2009 00:20:10 GMT

October 10, 2009 – Mount Holly, NJ

Burlington County Prosecutor Robert D. Bernardi and Acting Mount Laurel Police Chief Dennis A. Cribben Jr. said Stephen R. Ford, 27, of Maple Shade, was charged Friday with two counts of vehicular homicide and one count of assault by auto resulting from the August accident that killed two county residents.

According to an investigation by the prosecutor's office's Collision Analysis and Reconstruction Unit and the Mount Laurel Police Department, Ford was driving westbound on Route 38 near the intersection of Midlantic Drive about 2:30 p.m. when he accelerated to prevent a sedan from merging in front of him. He lost control of his pickup truck and struck the curb, became airborne into oncoming eastbound traffic and collided with a Toyota Highlander SUV and a white GMC box truck. The Burlington County Prosecutor's Office says Ford was high on marijuana and driving in excess of 80 miles per hour when the accident occurred.

The driver of the SUV, Jean Bernard, 63, of Mansfield, died in the Aug. 9 collision. A passenger in Ford's pickup truck, Danielle K. Howey, 22, of Maple Shade, was taken to Cooper University Hospital in Camden and died later that day. The driver of the box truck was also injured.

Ford is free on $100,000 bail. Bail conditions, set by Superior Court Judge Jeanne T. Covert, prohibit Ford from drinking alcohol, using drugs or operating a vehicle.

Mount Laurel Police are asking anyone with information about the accident to call 856-234-1414, ext. 526.

If you or loved one has been injured or a loved one killed in an auto accident, Napoli Bern Ripka LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Visit www.napolibern.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Paul Napoli

Feres Doctrine on Chopping Block After House Panel Vote

Rick Shapiro — Fri, 09 Oct 2009 09:17:00 GMT

I have long advocated for the overturning of the Feres Doctrine, a nearly 60-year-old U.S. Supreme Court ruling that bars active-duty military personnel from receiving compensation for injuries they suffer due to medical malpractice. The rule denies basic protections and protections to the very people who have done the most to earn those rights and protections and guarantee them for other Americans through their service to the country.

So I was pleased to see the members of the U.S. House of Representative Judiciary Committee earlier this week sent legislation that would invalidate the Feres Doctrine to the full House for a vote. According to an Air Force Times report, the Carmelo Rodriguez Military Medical Accountability Act is named after a Marine Corps sergeant who died at 29 of melanoma after military doctors withheld their diagnosis from him for 10 years. Like every other active-duty military member since 1950, neither Rodriguez nor his family could seek justice once the gross malpractice of the military doctors came to light.

The bill to overturn the Feres Doctrine may face tough opposition in the Senate, according to the Air Force Times, but at least federal legislators are beginning to recognize the injustice the rule perpetuates. As a member of law practice dedicated to representing victims of medical malpractice, I know how devastating errors and negligence by doctors, nurses, surgeons and pharmacists can be. I hope military members will soon no longer be left to suffer the consequences of medical malpractice without relief.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

EJL

Originally posted at InjuryBoard by Rick Shapiro