On behalf of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. posted in Wrongful death on Wednesday, May 16, 2012
About a week ago, we published a post about the fatal accident involving the Ride the Ducks boat and a Philadelphia tugboat. The tugboat crashed into the stalled duck boat in July 2010, injuring several duck boat passengers and tragically killing two of them.
The victims who died were Hungarian tourists and students, ages 16 and 20. Their families not only were left to mourn the loss of the victims, but they also sought justice and to hold the parties accountable whose negligence caused the wrongful deaths of their loved ones. The wrongful death trial began early last week to soon end in a reported financial settlement.
On behalf of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. posted in Product liability on Monday, May 14, 2012
Imagine you haven't been feeling well and your doctor diagnosis hypertension and puts you on medication. There's a laundry list of potential side effects, but you trust your doctor and that taking your medication is preferable to the alternative. Then your face feels a little puffy, and you barely give it a second thought. But hours later you're in the ER, connected to tubes as doctors and nurses desperately try and open your airway which is obstructed by a bloated throat and tongue caused by a condition called angioderma, one of the side effects of the dangerous drug.
It's true that attacks of angioedema are rare, affecting only about 1% of those who take medication to control blood pressure. Some members of the Philadelphia medical community and beyond, however, suggest that with the large number of patients on these medications they should be treated as a dangerous drug and be given a "black box" warning by the FDA. A request was also made in 2002 for such a warning. In both cases the FDA refused to give the warning, believing that existing warnings should be sufficient.
On behalf of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. posted in Wrongful death on Tuesday, May 8, 2012
In previous wrongful death posts, we discussed the July 2010 crash involving a city-owned tugboat and a Ride the Ducks tour boat. Two people died in the fatal accident on the Delaware River, and now the wrongful death trial resulting from the collision has begun.
A criminal case also resulted from this fatal accident. We previously reported that the operator of the barge that crashed into the duck boat pleaded guilty to involuntary manslaughter. He became distracted while operating the tugboat, causing it to crash into the stranded duck boat. The court got to see a video of the shocking collision, beginning the civil trial on quite an impactful foot.
On behalf of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. posted in Medical malpractice on Saturday, May 5, 2012
When discussing risks related to medicine, we tend to think of medical malpractice that occurs within a doctor's office or hospital. But injuries or fatalities can also happen after a patient has already safely visited a doctor. Accidents can be just as dangerous when made at a pharmacy.
It's quite scary to think about. Many people depend on prescription drugs, whether the medication is for a specific, temporary illness or an ongoing medical issue. Medication errors such as getting the wrong medicine or getting the wrong dose of medicine can be fatal. Pharmacy-goers need to understand the danger of trusting blindly in pharmacists.
On behalf of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. posted in Brain injury on Wednesday, May 2, 2012
In the past we have discussed personal injury lawsuits related to the NFL and brain injuries. Class action lawsuits have been filed in Philadelphia against the NFL, and now a recent loss of a former football player adds more fuel to the legal fire and the emotions behind it.
Former Atlanta Falcons player Ray Easterling was a lead plaintiff in various personal injury lawsuits related to brain injuries among athletes, but he no longer is alive to speak about his hardship. Sources report that Easterling committed suicide last week.
On behalf of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. posted in Car accidents on Thursday, April 26, 2012
Three sisters, along with other students, were riding a school bus in February when a parent's worst nightmare took place. Driver negligence on the part of not just one but supposedly two drivers led to a severe traffic accident.
The school bus and a dump truck met at an intersection, where alleged wrongdoing on both sides caused the bus accident that took the life of one sister from the set of triplets and severely injured the other two plus more students. Before the criminal investigation has even concluded, the parents of the triplets have filed a personal injury suit in order to try to seek justice on behalf of their children.
On behalf of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. posted in Product liability on Monday, April 23, 2012
We put a lot of trust in manufacturers of all of the products we buy. We buy food to eat or feed our children every day. We buy the most personal products and use them on our bodies every day. To put it plainly, we buy products with faith in their creators that they are safe for our use and consumption.
Safety, however, is not a given, as many cases involving dangerous products in the past have exemplified. Defective products are put out in the market. Sometimes, they are reported by the manufacturer and recalled. Sometimes, they are not. A recent report says that dangerous products are failing to be reported at an increased rate.
On behalf of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. posted in Nursing home abuse & negligence on Friday, April 20, 2012
Unfortunately, there are things in life that are completely out of our control. We usually can't control that we or a loved one gets ill and, therefore, needs around-the-clock care from a nursing home facility. By putting them in such a facility, however, it is a means to try to take control over a patient's safety.
For the most part, medical staff can be depended upon to care for nursing home residents. They feed, bathe, medicate and provide other such necessary assistance to elderly or otherwise in-need patients. A recent USA Today report suggests that resident neglect is happening during non-everyday circumstances: during natural disasters.
On behalf of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. posted in Car accidents on Tuesday, April 17, 2012
Accidents happen every day on Pennsylvania roads. Sometimes they are single-vehicle accidents and sometimes more than one vehicle is involved. A recent fatal car accident in Philadelphia involved multiple vehicles, but it was not a collision between the vehicles that caused serious injury.
On Wednesday, a 31-year-old journalist was driving on the Pennsylvania turnpike when she was struck by a dangerous surprise. A road sign crashed through the windshield of her car, hit her in the head and caused her to lose control of her vehicle. Her injuries were fatal.
On behalf of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. posted in Product liability on Thursday, April 12, 2012
In our previous post we began a discussion about Chrysler and how its bankruptcy amid the economic downturn uniquely affects potential product liability victims' choices when suing. If you or someone you know is injured due to a defective auto made by Chrysler that you bought before its bankruptcy restructuring plan was approved in 2009, then seeking punitive damages is off of the table.
But maybe you don't know what punitive damages means. There is more than one type of damages that injury or wrongful death plaintiffs can seek in a civil suit. Essentially, there are punitive damages as well as compensatory damages. A supposed victim of Chrysler's negligence still has the option to sue for compensatory damages.