Philadelphia Injury Lawyer Blog

Starting in 1990, because of a personal interest in bicycling, members of the firm entered into a partnership with legendary bicycle tandem master builder, Steve Bilenky of Philadelphia. At the time, although our firm had been involved in product injury cases in the Delaware Valley, we had never litigated a bicycle defect injury case.

A number of well known Philadelphia firms had already begun to refer cases to our firm and it was our association with Bilenky Cycle Works that caused another well known Philadelphia firm to refer us a case that they thought had problems, but hoped that we could find a theory to successfully challenge the giant corporations who manufactured and distributed the bike responsible for the serious injuries of the plaintiff.

As a rider myself and a mechanically- inclined enthusiast, I saw immediately that the pulley braking system used by the manufacturer was an accident waiting to happen. Consultation with Bilenky confirmed that my assessment was correct.

At the time of this incident, Shimano Industries of Japan had never lost a case in court and refused to offer a single dime when confronted with the evidence and expert advice and reports that we had generated with consult from other experts. To prepare for trial, in addition to Bilenky, our firm engaged a metallurgist from Delaware County, a design engineer from Oregon, also a bicyclist and a judge on the bicycling racing circuit. A fourth expert was found in California who was a consultant to bicycle manufacturers throughout the United States and who had seen the same design defect and brake failure on the West Coast.

All of this worked out as our firm tried the case before a jury and obtained $13.5 Million, which was then the largest verdict in a products liability case in Pennsylvania.

The relationship with the Philadelphia manufacturing operation of Bilenky Cycle Works continues today. If you need help contact one of our Philadelphia accident lawyers and he will be happy to assist you in evaluating your potential case.

Pomerantz Perlberger & Lewis obtained a $1.7 Million verdict before a Philadelphia jury against Temple University Hospital in a medical malpractice trial on behalf of siblings of an elderly man who was hospitalized for angioedema (allergic reaction manifested by tongue swelling) and suffocated to death when his endotracheal tube developed an undetected mucous plug. The result was notable because there were essentially no recoverable out-of-pocket expenses and the Philadelphia jury came back with its award based on conscious pain and suffering during a six-hour period.

This result culminated three recent settlements on the eve of trial against doctors and hospitals:

$2.5 Million Negligent cardiac bypass surgery [New York City]
$1.55 Million Missed necrotizing fascitis diagnosis [Philadelphia]
$650,000 Delayed melanoma diagnosis [New Jersey]

All four of these cases were referred to our firm by other attorneys who realized that they could best serve their clients by having the lawyers at Pomerantz Perlberger & Lewis represent them in Philadelphia, New Jersey and New York courts.

When you have been the victim of a missed medical diagnosis, surgical error or other medical negligence occurring during a hospitalization, in a physician’s office or diagnostic center, and if you want to maximize the outcome of your personal injury claim, contact the PA medical malpractice lawyers at Pomerantz Perlberger & Lewis, where your consultation is free and your representation will, in most cases, be taken on a contingent fee basis, so that we recover when you win.

A Philadelphia medical malpractice attorney needs to be aware of a significant, but perhaps little known, change in Pennsylvania law, when evaluating whether a new death case can be timely filed. There are two actions that are typically filed when a person dies due to medical negligence. A wrongful death action and a survival action. The two actions allow for different areas of damages. (A subject for another blog entry) Prior to the enactment of the Medical Care Availability and Reduction of Error (MCARE) Act, the law that controls professional liability lawsuits in Pennsylvania; the date on which the survival action had to be filed to preserve the claim was two years from the date of the negligent act that caused injury. (Possibly extended by the “discovery rule” - also a subject for another entry) For the wrongful death claim, the suit needed to be filed within two years of the date of death.

An example of where this could create a problem is found in a current medical malpractice case being readied for trial by the offices of Pomerantz Perlberger & Lewis. During a laparoscopic hernia repair at a local Philadelphia hospital, the surgeon punctured two holes in a woman’s small bowel during an April operation. Unfortunately the doctor negligently failed to recognize the injury and also carelessly missed signs of a serious infection for another six days, by which time the poor plaintiff developed a severe peritonitis. Although this wife and mother fought valiantly, while enduring horrible pain and suffering over the next eight months, her medically caused injury tragically proved fatal the following January. See specially created Exhibit below.

Had the surgical mishap occurred before the March 20, 2002 effective date of the act and such a case had come to the offices of a medical malpractice wrongful death lawyer more than two years after the injury, but less than two years after death; it would have already been too late to file a survival claim, drastically lowering the value of the case by eliminating recovery for pain and suffering To the rescue came Section 513 (d) of the MCARE Act. Now both actions may be filed within two years of the date of death.

(d) Death or survival actions.--If the claim is brought under 42 Pa.C.S. § 8301 (relating to death action) or 8302 (relating to survival action), the action must be commenced within two years after the death in the absence of affirmative misrepresentation or fraudulent concealment of the cause of death.

Even today, lawyers who are not experienced in medical malpractice cases may be unfamiliar with the change in law and either not pursue an important and valuable claim for the decedent or turn down a good case altogether. The experienced wrongful death medical malpractice attorneys at Pomerantz Perlberger & Lewis will help you recover all of the damages to which you are lawfully entitled for the tragic death of your loved one due to medical negligence.

There are few things as painful and alarming as losing your job! The Delaware Valley, like the rest of the nation, is experiencing a downturn in employment ranks through layoffs and firings. But, the economy is not the only reason for this. We at Pomerantz Perlberger & Lewis have great experience in Philadelphia and the surrounding counties and across the bridge in New Jersey, getting sizable verdicts and settlements because employers are using this for discriminating against employees.

This is especially true if your employer has used a pretext of downsizing or vague performance issues to justify why you and not someone else was cut from the company payroll. Often, the real reason is that someone in a position of power did not like your age, gender, color, religion, race or national origin. Or it might be because you spoke up – exercising your First Amendment right of free speech and a manager or owner did not want the information out there. Or it might be because you refused to respond to unwanted sexual advances and were the object of a pattern of sexual harassment. Or maybe it was to retaliate against you because you were disabled and by right asked for an accommodation or sought benefits or were out on medical leave.

All of these reasons are unlawful and discriminatory.

There is an economic crisis going on in America. We all know it. We hear everyday about companies that are laying off or letting employees go. If this is done for a pure business reason and is not done unlawfully, then it is a fact of life and our times. BUT – what if the employer uses the current economic environment to get rid of you and others who have a different color of skin, speak with an accent, or have a different belief system? What if there is someone out to get you who is your supervisor or someone in a position of power? What if the company wants to replace you with younger workers or get men to replace women?

You have legal options and you are not powerless.

There are both federal and state laws that may be used to reinstate you and/or award you damages in the form of back pay, front pay, lost benefits, pain and suffering, humiliation, consequential losses and even punitive damages. Some of these laws permit a multiple of your actual losses. Many of these laws even make the employer pay for your attorney.

If you need legal representation and would like to learn more about what our firm does and the results we have obtained in employment discrimination, retaliation and actions founded upon violation of your civil rights, visit our Philadelphia employment discrimination website.

Bicycle injuries in the Philadelphia and Delaware Valley during the winter months are substantially reduced because of the weather. This is the right time for parents and their children to take steps to prevent bicycle injuries from happening when Spring returns. Taking time to first learn with your child, the components of his or her major means of transportation may be the key factor in preventing a serious injury from occurring when the children return to the highways and sidewalks occupied by automobiles and pedestrians. I can’t emphasize enough reviewing and using the manual that came with your purchase. It may save the life of your most precious possession from a fatal injury. If you’ve discarded the manual like most of us, Google the manufacturer’s website and it’s probably on the web. Make it a family activity and learn how to safely maintain the bike. The maintenance and care instructions may save your child from a serious injury.

How serious? Look at the number of bicycle accident fatalities. In 2006, 773 bicyclists were killed and an additional 44,000 were injured in traffic crashes. Children 14 and younger accounted for 98 of those fatalities (13%), making this one of the most frequent causes of injury related death for young children. I have supplied a few important cites and suggest that now is the time to prevent a serious injury to your mobile loved one.

Should there be an unfortunate accident causing injury and you believe that someone was at fault, either the manufacturer of the bicycle, someone who repaired and maintained it, or a third person like a driver of a vehicle, the Philadelphia bicycle accident lawyers at Pomerantz Perlberger & Lewis have had great results, including the largest bicycle verdict in Pennsylvania history in the amount of 13.5 million dollars.

Continue reading " BICYCLE INJURIES IN PHILADELPHIA THE FIRST LINE OF DEFENSE TO PREVENT THEM " »

A West Virginia man was recently awarded over $1 million dollars by a jury due to botched eye surgery. Dr. Mark Whitten from Rockville, Maryland was ordered to pay $850,000 to David N. Cantalupo after operating on the man’s eye and leaving him with permanent eye damage.

Mr. Cantalupo alleged that Dr. Whitten knew about his unusually thin corneas prior to LASIK surgery but did not inform Cantalupo of the risk involved in LASIK with thin corneas.

Dr. Whitten is known for performing laser eye surgery on pro golfer, Tiger Woods.

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

There are suspicious deaths occurring in emergency rooms of hospitals in Philadelphia and throughout Pennsylvania. It is important to have these cases investigated by an experienced emergency room medical malpractice attorney. This is not only a local phenomenon.

An Arizona woman is suing the emergency room of St. Mary’s Hospital in Tucson, Arizona following the death of her husband. The suit claims “reckless disregard” by hospital staff led to the death of her 39-year-old husband. The hospital is denying any wrongdoing.

According to the claim, Robert Sweitzer went to the emergency room of St. Mary’s with symptoms of coughing, loss of energy and severe back pain. The ER was very crowded at the time due to an outbreak of the flu.

Rachel Sweitzer says her husband was assessed at 7:00 p.m. but was never re-assessed over the next eight hours. A report from the CDC states that Sweitzer died of necrotizing pneumonia, which is caused by Staphylococcus aureus.

The investigation is ongoing.

If your loved one has died due to medical malpractice in Philadelphia or anywhere in Pennsylvania, please contact Pomerantz, Perlberger & Lewis today to schedule your confidential consultation.