Philadelphia Injury Lawyer Blog

An Illinois nurse has been accused of killing patients at a nursing home because she felt that they had lived long enough or were too difficult to care for anymore. The nurse allegedly gave "medication cocktails" to these patients in 2006. Additionally, two former employees also face criminal charges of including neglect of residents. The investigation is ongoing at this time, and a health department spokeswoman in Woodstock, Illinois declined comment.

If your elderly loved one has been mistreated in a nursing facility in Philadelphia or anywhere in Pennsylvania, please contact the experienced nursing home abuse attorneys at Pomerantz Perlberger & Lewis, LLP today to schedule your confidential consultation.

A retired police officer has won a $15.7 million jury verdict against the city of Los Angeles for injuries he suffered in a collision with a dump truck in Northridge three years ago, attorneys announced.

Barry Bowman, 62, suffered severe brain damage in the crash at Vanalden and Wilbur avenues in Northridge on Oct. 13, 2004. His attorneys said he was on his way home on a motorcycle from working as a security officer on a movie set when a dump truck collided with Bowman and his bike.

But attorney John DeGomez, who represented the city in the trial, said Bowman collided with the dump truck, driven by Tommy Wyatt.

"Mr. Bowman struck the dump truck," DeGomez contended. "He ran into the wheel well of the dump truck and sustained brain injuries. The dump truck was traveling 2 to 3 miles per hour."

Attorneys also disagreed on whether the city was responsible. Wyatt was contracted by the city but an independent worker, DeGomez said.

Bowman had been a police officer with the Los Angeles Police Department for almost 30 years. His specialty had been flying helicopters; he also was a Vietnam veteran.

The jury awarded him nearly $5 million for past and future medical care and $11 million for pain and emotional distress.

If you or a loved one has been injured or killed in a truck accident in Philadelphia or anywhere in Pennsylvania, please contact the vehicle accident attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.

Lynn Flaherty visited her family doctor in Mt. Lebanon, Pennsylvania on December 4, 2001 complaining of headaches and nasal discharge-symptoms consistent with a sinus infection. But the physician's assistant who treated Flaherty failed to make that diagnosis and failed to prescribe antibiotics. Instead, the patient received a prescription for steroids, was told to undergo additional testing and instructed to return in one week.

Just five days later, Flaherty developed stroke-like symptoms, including facial drooping and disorientation. She went to an emergency room where a CT scan revealed a brain abscess. She was immediately flown to Allegheny General Hospital and underwent emergency brain surgery.

After a jury deliberated five hours, Mrs. Flaherty and her husband received $3 million in a medical malpractice verdict.

If you or a loved one has suffered or died due to medical malpractice in Philadelphia or anywhere in Pennsylvania, please contact the medical malpractice attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.

A blown tire caused a tractor-trailer full of trash to roll over and dump its cargo along the side of Interstate 86 in New York. State police state the truck, driven by James Atkins, 42, of Niagara Falls, was traveling west on the interstate when the driver experienced a front-right tire failure approximately one mile from the Almond exit. He lost control of the rig and swerved off the roadway along the shoulder, damaging several sections of guide wire. The truck traveled up a steep embankment, lost speed and rolled over on its side eventually.

The driver was transported to a local hospital for minor injuries. The truck was hauling a full load of household garbage from New York City to the Hyland Facilities Associates landfill in Angelica, according to the police.

If you or a loved one has been injured or killed in a truck accident in Philadelphia or anywhere in Pennsylvania, please contact the experienced truck accident lawyers at Pomerantz Perlberger & Lewis today to schedule your initial consultation.

Accutane (generic isotretinoin), a controversial drug used to treat severe acne, has long been associated with high rates of depression among users. Now, researchers in Britain and the United States believe they have discovered the cause for this Accutane side effect. It seems that Accutane decreases serotonin levels in the brain, which, in turn, can lead to depression and even aggressive behavior.

Introduced in 1982, Accutane has been the subject of controversy for years. It has been associated with psychiatric problems and has been linked to at least 266 cases of suicide in the United States. In addition to its connection with depression, the drug has been associated with myriad other serious side effects. It first garnered attention in the late 1980s for causing severe birth defects. Accutane has also been linked to problems of the liver, kidneys, digestive tract, central nervous system, and pancreas, as well as the cardiovascular, musculoskeletal and auto-immune systems.

Earlier this year, scientists from the University of Bath in conjunction with the University of Texas at Austin conducted experiments on mice that showed that Accutane made the mice behave in ways comparable to depression in humans. Now, in an article published in the journal Experimental Biology and Medicine, those same scientists have revealed a potential mechanism that might link Accutane to reported cases of depression in some patients taking the medication. Using cells cultured in a laboratory, the researchers monitored the effect of Accutane on the chemistry of the cells that produce serotonin. The researchers now say that Accutane could be disrupting the process by which serotonin relays signals between neurons in the brain.

Serotonin is a hormone found in the pineal gland, blood platelets, the digestive tract, and the brain. Serotonin acts both as a chemical messenger that transmits nerve signals between nerve cells and that causes blood vessels to narrow. Changes in the serotonin levels in the brain can alter the mood, and low levels of serotonin have been linked to depression, as well as bipolar disorder and anxiety disorders.
The link between low serotonin levels and Accutane use is further confirmation that this drug causes psychiatric problems – something that has been known for quite a long time. In fact, the manufacture of Accutane, Roche AG, knew about these problems long before they were made public.

A 2004 USA Today article reported that, in the mid-1990s, contrary to advice from its own doctors, Roche executives chose not to issue stronger warnings about Accutane’s depression risks. According to the article, Roche decided against the warnings after its marketing department expressed concern that doing so would hurt sales. At the time, Accutane was one of Roche’s top-selling medications, bringing in more than $1.2 million every year. In 1999, in the face of mounting evidence, the Food & Drug Administration finally required Roche to include a suicide warning on the Accutane package insert.

If you or a loved one has suffered from taking a dangerous drug or from using a defective product in Philadelphia or anywhere in Pennsylvania, please contact the product liability attorneys at Pomerantz Perlberger & Lewis today to schedule an initial consultation.

A civil lawsuit filed recently against the Comcast Corporation and several of its subsidiaries by a New Jersey worker could have lasting repercussions on the multi-billion dollar company and change the way they conduct business statewide, the plaintiff's attorney says.

Attorney Matt Jarve, who is representing Pennsville, NJ resident Joseph Callahan and his wife, Kim, in the suit, said he believes that if the suit is successful, Comcast would have to essentially rewrite the books for its safety standards.

"This is cutting edge stuff. My legal team's research has found there is no precedent in New Jersey for this type of suit," said Jarve. "It could have a resounding impact on the way this type of work is completed, making it safer across the board for the workforce."

Callahan, 48, of Riviera Drive in Pennsville, suffered from a traumatic brain injury, blood clots and a shoulder injury that would later require surgery after falling from a ladder on Aug. 16, 2005 while working on the cable lines on a utility pole. Comcast cable lines are required to be 19 feet or higher to clear any type of vehicle, and must be above all Verizon lines, according to the suit. It is unclear how high Callahan was when he fell.

Though he says he is lucky to be alive, Callahan claims that the quality of that life has dropped considerably since the accident. Jarve says he will attempt to prove in court that the accident was the result of alleged carelessness, recklessness and negligence on the part of Comcast.

The suit alleges that OSHA requirements and industry standards to protect workers require a secure and stable platform for the type of work being performed by Callahan, and that a bucket truck with a lift or comparable equipment should have been utilized. Callahan was using a ladder at the time of the accident.

If you or a loved one has been seriously injured while working in Pennsylvania, please contact a Pennsylvania Personal Injury Attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.

The parents of a severely disabled man who choked to death while eating a hot dog at a day shelter are suing the facility's operator, claiming negligence. Gregory and Betty Jo Payne filed the lawsuit in Kanawha County, West Virginia Circuit Court against Deaf Education and Advocacy Focus, Inc., a non-profit group based in South Charleston, West Virginia.

Craig Payne, the 22-year-old son of the Paynes who had cerebral palsy, died in February 2007 at DEAF's West Sattes Adult Day Treatment Center in Nitro. A worker assigned to Payne that day wasn't trained to work with him and didn't know he couldn't eat solid food, the lawsuit alleges.

The lawsuit also alleges that no workers attempted to perform the Heimlich maneuver when Payne began choking; no one immediately called for an ambulance either. The plaintiff's attorney, Bill Forbes said the workers' improper training and improper application of protocols caused his clients' son's death.

Under pressure from the state, DEAF closed its West Sattes site and another one of its programs in another county in West Virginia. Eighty disabled adults had to be transferred to other programs.

If you or a loved one has suffered or died as a result of someone else's negligence in Philadelphia, you should contact a Pennsylvania Wrongful Death Lawyer at Pomerantz Perlberger & Lewis today to schedule your personal consultation.

The Supreme Court has made it more difficult for whistleblowers to share in the proceeds from fraud lawsuits against government contractors. The court recently ruled that James Stone, an 81-year-old retired engineer, may not collect a dime for his role in exposing fraud at the now-closed Rocky Flats nuclear weapons plant northwest of Denver, Colorado.

Justice Antonni Scalia said Stone was not an original source of the information that resulted in Rockwell International, now part of aerospace giant Boeing, being ordered to pay the government over $4 million for fraud connected with environmental cleanup at the Rocky Flats Plant.

The company wanted the justices to restrict when an individual can collect for suing on the government’s behalf.

If you or someone you know was a whistleblower and needs legal representation to protect your rights and get you the monetary compensation you deserve, please contact a Philadelphia Qui Tam Attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.

Nursing home negligence and abuse among senior citizens has become a growing concern to those dependent on extended health care institutions for the care of their elderly loved ones. As the population in the United States ages, the demands placed on its medical system to care for the elderly have escalated substantially.

At the current time, there are approximately 34 million people over the age of 65 in our country, and nearly one in twenty of these elderly people will require some form of assisted living. Sadly, however, our senior citizens are frequently becoming victims of intentional abuse and neglect in nursing homes and assisted living facilities. It is difficult enough to place a loved one in these places, let alone see that loved one suffer under the care of an abusive, overburdened, and under-trained nursing home staff.

The National Center for Elder Abuse reports that neglect of our senior citizens' basic needs is the number one type of elder abuse. Physical abuse by caregivers is number two with a staggering one million senior citizens being abused each year.

Institutional abuse (abuse taking place in nursing homes and assisted living facilities) can come in many forms including physical, sexual, and emotional abuse, neglect, abandonment, and financial exploitation. General neglect of elders is the most pervasive type of abuse, and typically occurs when the caregiver simply does not care about the elderly person left in their care. Neglect can often lead to health disorders such as dehydration and malnutrition, both of which can be fatal if left untreated.

If your elderly loved one has been abused in a nursing facility in Philadelphia or anywhere in Pennsylvania, please contact the experienced nursing home abuse attorneys at Pomerantz Perlberger & Lewis, LLP today.

A tractor trailer accident caused a portion of the Pennsylvania Turnpike to close down early Monday morning. Just before 9:30 a.m., a tanker truck crashed on the turnpike, and the westbound-side of the road was closed between Fort Washington and Norristown. The tanker apparently jackknifed, blocking all the westbound lanes of the Turnpike. At this time, two of the lanes are no open.

No injuries have yet been reported in the crash, and the incident is still under investigation.

If you have been injured in a truck accident in Philadelphia or anywhere in Pennsylvania, please contact the office of Pomerantz, Perlberger & Lewis, LLP today to schedule your confidential consultation.

A Florida man was recently awarded $12 million by a jury that blamed two emergency room doctors for ignoring a brain infection that left him brain damaged and paralyzed. Joey Crume, 43, went to the emergency room at Mission Viejo Hospital in September 2004 with what he thought was a very bad headache. A CT scan showed that Crume had a brain infection that forced his brain to crush itself against his skull. Crume had worked at a nuclear power plant testing radiation levels.

A radiologist who testified on behalf of Crume said he could not understand how someone in Crume's condition could even be alive. The radiologist discussed the CT scan results with the ER doctor, Dr. Andrew Lawson, but Crume was given some pain pills and was sent home. Five days later, Crume's brother found him in a coma; Crume had suffered two strokes resulting in permanent paralysis on the left side and brain damage.

The jury decided that while both doctors were negligent in this case, Dr. Lawson was to blame because he sent Crume home even though the radiologist had made him aware of the CT scan results. Crume, who now requires 24-hour care, was awarded a total of $12 million; his wife, Judy, has had to quit her job to take care of her husband.

If you or a loved has suffered or died due to medical malpractice in Philadelphia or anywhere in Pennsylvania, please contact the experienced medical malpractice attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.

A Georgia federal judge recently ruled that the former owner of a metal fabrication machine did not breach any duty to maintain the equipment or any duty to warn the plaintiff of any danger associated with the machine and granted it summary judgment.

Neville Smith filed the products liability case in the DeKalb County Superior Court in March 2006 after being involved in a workplace accident in June 2004 while working as an operator of a Fabripunch machine manufactured by Peddinghause Corporation.

Smith claims that he was using his left hand to straighten a die when the stripper clamp unexpectedly came down and trapped his thumb. The accident resulted in amputation of his thumb. It was later determined that the stripper clamp malfunctioned because of an electrical short with one of the relays going to the stripper clamp.

In his complaint, Smith alleges strict liability and negligence for defective design against Peddinghaus; failure to warn against Peddinghaus, C&I Steel, and Steel; improper installation and/or modification against Steel; negligent maintenance against Steel and C&I Steel; and punitive damages against all of the defendants, who removed the case to the U.S. District Court for the Northern District of Georgia on April 25, 2006.

C&I Steel moved for summary judgment in 2007, arguing that it had no duty to Smith, it did not breach any duty to him and, even if it breached a duty to plaintiff, this breach was not the proximate cause of Smith’s injuries. The company also contended that because it has no liability to Smith, he cannot recover punitive damages.

Judge G. Ernest Tidwell determined that Smith failed to establish that C&I Steel breached any duty to maintain the equipment or any duty to warn him of any danger posed by the Fabripunch machine and granted the motion for summary judgment.

If you or a loved one has suffered due to someone else's negligence, please contact the personal injury attorneys at Pomerantz Perlberger & Lewis, LLP today to schedule your initial consultation.