Personal Injury

Sandy Death Toll in PA Reaches 12

At least 12 people in Pennsylvania have died as a result of Superstorm Sandy, while two other deaths have been unofficially linked to the storm.

The variety of causes – falls, fires, poisoning, even suicide – is a stark reminder that tragedy can strike in different ways.

Following are summaries from the Philadelphia Inquirer of the fatalities:

  • Four people died, including a 90-year-old woman in Upper Merion Township, from carbon-monoxide poisoning from portable generators.
  • An eight-year-old child died when a tree limb struck him outside his family home.
  • A Berks County man was killed when a tree crashed onto his house.
  • Two Lehigh County residents died from exposure to the cold.
  • Two people were killed in vehicle accidents related to the storm.
  • An 88-year-old Wayne County woman fractured her neck and died when she fell down the stairs in her home, […]

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Tips for Preparing for Disasters

Here at Munley, Munley & Cartwright, our prayers and best wishes are extended to the victims of the storm Sandy and their families.

Meanwhile, Pennsylvanians are doing their best to return to work, school and normal routines.

According to the Associated Press:

The storm that did so much damage along the coast before it drenched Pennsylvania was blamed for at least nine deaths in the state. It was more than a mild inconvenience for the million-plus who lost power and the countless others whose homes were damaged by blowing rain and falling trees, but it was not the disaster for the state that some had feared.

Gov. Tom Corbett said there were no reports of major flooding as the center of the weather system drifted west and its winds diminished to 10 mph or so.

Power outages were the storm’s most damaging byproduct, […]

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Boy Scouts Sex Scandal Includes Pennsylvania Men

Several men from northeastern and central PA convicted regarding Boy Scouts sex scandal

Several Pennsylvania men were named in files released by the Boy Scouts of America detailing how the organization dealt with allegations of child sex abuse.

The documents – made public after an Oregon judge ordered their disclosure in a lawsuit involving a man who said he was molested by a scoutmaster and that the BSA did nothing about it – have caused a national furor. They identify more than 1,000 leaders and volunteers banned from the group after being accused of sexual or inappropriate conduct with boys.

Included are the names of several men from Northeastern and Central Pennsylvania associated with the BSA who have been convicted of child sex abuse or investigated by police, according to PAHomePage.com:

Marcel Cinquina who heads up the Boy Scouts of Northeastern Pennsylvania says the organization has increased safety measures to protect children. […]

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Accidental Shooting of Costumed Girl Is Grim Call For Halloween Safety

Scare reminds us to be extra careful on Halloween

It sounded too bizarre to be true, but the outcome was terribly real.

A nine-year-old girl was shot outside her western Pennsylvania home during a Halloween party by a relative who thought she was a skunk.

According to the Scranton Times-Tribune:

New Sewickley Township police say the girl was over a hillside and wearing a black costume and a black hat with a white tassel. Chief Ronald Leindecker says a male relative mistook her for a skunk and fired a shotgun, hitting her in the shoulder Saturday night.

Leindecker tells the Beaver County Times that the girl was alert and talking when she was flown to a hospital in Pittsburgh, about 30 miles away. Her condition was unavailable.

Leindecker says the man hadn’t been drinking and he doesn’t know whether charges will be filed. […]

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Pennsylvania School Bus Drivers Win Safety Honors

Congratulations to those Pennsylvania students and bus drivers who won School Bus Safety awards at a recent ceremony in Harrisburg.

Twelve elementary and middle school students and six drivers from across the state were honored in the 2012 Pennsylvania School Bus Safety Poster Contest and Driver Safety Competition. The events were part of School Bus Safety Week from October 22-26.

This year’s poster theme was “Stand Back from the Yellow and Black.” It stressed the need for students to stay a safe distance from the bus so drivers can see them while loading and unloading. The dozen winners were chosen from among 475 public and private school student entries.

The driving competition tests bus drivers’ knowledge of safety rules and safe operation of their buses.

“Parents trust school bus drivers to take their children to and from school every day – and do it safely,” said State Police Safety Supervisor Richard Koontz in a DOT press release. […]

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Steeler Says New Football Helmet Liner Protects Against TBI

A new “concussion reduction” football helmet liner holds the promise of reducing brain injuries – and one believer is Pittsburgh Steelers linebacker James Harrison.

“I haven’t had any ringers, spots, blackouts or anything like that since I started wearing it,” said Harrison in a USA Today story on the new protective headgear.

This is hopeful news for participants in all sports, but especially for young football players. High school football accounted for the greatest number of severe injuries of all fall sports in 2011, according to a sports injury research study at the University of North Carolina in Chapel Hill. Many of these were Traumatic Brain Injuries (TBI) caused by a violent impact to the brain. There were two deaths – both caused by hard hits.

The new helmet liner is made by Unequal Technologies. It is one-eight inch thick and includes a layer of Kevlar, […]

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New Jersey Bus Driver Arrested after Causing Death of Passenger

The driver of a New Jersey Transit bus has been charged with vehicular homicide in the death of a passenger at an intersection in Passaic last month. The collision occurred after the man exited the bus and tried to cross in front of it as the driver accelerated through the intersection, according to a news report. Documents filed in the case allege that the bus driver ran a red light, hit the passenger and refused to stop despite that fact that passengers were yelling for her to stop. The driver has been a New Jersey Transit driver for 25 years.

Bus Accidents Are Common

Bus accidents are far more common than most people realize. According to the Federal Motor Carrier Safety Administration, there were more than 11,000 bus accidents across the country in 2008, injuring about 24,000 people. For those who depend on buses for transportation, […]

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Take the Time During National Fire Prevention Week to Protect Your Family Against Fires

Residents of Pennsylvania are urged to take the time this week to participate in National Fire Prevention Week.  Fire Prevention Week, celebrated Oct. 7-13, has been set aside through a Presidential Proclamation as a time “to protect ourselves, our families, and our communities from fires, and we honor the courageous first responders who put their lives at risk to keep us safe.”

According to the National Safety Council, in 2010, there were 3,100 unintentional deaths related to fire, smoke and flames.  Many of these fires resulted in death, serious injuries and destroyed homes.

The National Safety Council offers the following steps for families to take to prevent fires:

  • Have properly working smoke alarms
  • Test smoke alarms and carbon monoxide detectors monthly and change the batteries at least once a year
  • Place smoke alarms on each floor of your home and in each bedroom
  • Plan a family escape route and practice it once a month
  • Install a home sprinkler system
  • Place fire extinguishers throughout your home and make sure everyone in the house knows how to use them

One key theme of the week is to “Have 2 Ways Out!”  According to Firehouse.org, […]

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Victims Win Record Pennsylvania Wrongful Death Truck Accident Settlement

The victims of a 2010 Pennsylvania wrongful death truck accident recently agreed to a record $26.1 million settlement of their claims against the truck driver, the truck company and other defendants. The accident occurred on June 6, 2010, on Interstate 80 East when a tractor-trailer rear-ended a Toyota Matrix that was stuck in traffic for road construction.  One occupant of the Toyota, the driver’s father, was fatally injured. Two others, including the driver, received serious, life-threatening injuries. Two dogs in the car were also killed.

The driver of the tractor-trailer, who apparently was speeding, said the sun was in his eyes; however, the sun was actually behind him at the time. Because the driver’s recollection of the accident appeared fuzzy, it was alleged that he may have been driving drowsy or even fallen asleep at the wheel, though this was never proven.

Pennsylvania Wrongful Death Actions

The victim of a truck accident has the option to file a personal injury accident lawsuit to recover compensation for any injuries. […]

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Lightning Strike at Pennsylvania Racetrack Raises Concern of Spectator Safety

As severe thunderstorms rolled through the area on Sunday, 85,000 fans were sitting in stands and in the infield at the Pocono Raceway watching the Pennsylvania 400 NASCAR race.  For the safety of the drivers and the fans, the race was called off, but it was too late – two lightning strikes hit 10 spectators.

According to WNEP, the Monroe County EMA alert system issued a severe thunderstorm warning for the area at 4:12 p.m. NASCAR stopped the race at 4:54 p.m. The first lightning strike was shortly after 5 p.m., killing one man and injuring eight others. The second strike was reported at 6:35 p.m., injuring one person.

Officials with the Pocono Raceway and NASCAR are investigating the hour leading up to the tragedy.  While the racetrack officials contend warnings were issued, some of the attendees are disputing that claim.  Philly.com reports some attendees said there were no audible warnings given to spectators during the closing stages of the race. […]

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Pennsylvania Student Athletes Offered Protection Under Sudden Cardiac Arrest Prevention Bill

Earlier this month we reported on the safety ranking of Pennsylvania in respect to safety initiatives states take to prevent injuries and death among their residents.  Pennsylvania was recognized for having a strong youth sports concussion safety law. Now, Governor Tom Corbett has signed a new law that will offer additional protection to young athletes – an act establishing standards for preventing sudden cardiac arrest (SCA) and death in student athletes.

According to the American Academy of Pediatrics, SCA is the abrupt and unexpected loss of heart function, and can cause death if not treated within minutes.  SCA is attributed to more than 2,000 deaths in the United States each year.  The New York Times reports that while sedentary youths are susceptible to SCA, the risk is nearly three times higher in competitive athletes. In addition, a high school student dies of cardiac arrest as often as every three days. […]

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PA ranked 30th in U.S. for injury deaths

Researchers set out to determine which U.S. states are the safest. In a study released last month, each state was ranked by 10 key indicators of steps states can take to prevent injuries, including those caused by accidents and violence, to their residents.  Pennsylvania received a score of 5 out of 10, leaving the state plenty of room for improvement.

The study, entitled “The Facts Hurt: A State-By-State Injury Prevention Policy Report,” by the Trust for America’s Health (TFAH) and the Robert Wood Johnson Foundation (RWJF), looked at each state, ranking them on a 10 to 0 scale, with states receiving one point for each of 10 policies that could improve safety. Two states, California and New York, scored nine out of the possible 10 points, and had the best overall ratings. Montana and Ohio both scored the worst overall with just 2 points each.  Arkansas, Colorado, Indiana, […]

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National Dog Bite Prevention Week Highlights Responsibility

Just last month we wrote about the significant injuries that can result when dogs turn aggressive and attack and bite someone.  The Humane Society of the United States reports, there are over 78 million dogs owned by Americans, with nearly 40% of U.S. homes owning at least one dog as a pet.  Keeping Americans safe from these pets is the focus of National Dog Bite Prevention Week that runs May 20-26.

The Centers for Disease Control and Prevention (CDC) reports that about 4.7 million Americans are bitten by dogs each year.  800,000 people will seek medical attention for the bites, and approximately 386,000 of the injured will require treatment in an emergency department.  These statistics translate to a dog bite occurring every 75 seconds in the U.S. with over 1,000 requiring emergency medical care to treat these injuries daily.  Sadly, about 16 Americans die each year from their dog bite wounds. […]

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Children Left in Parked Cars at Risk for Heatstroke

In anticipation of another hot summer, the National Highway Traffic Safety Administration (NHTSA) has kicked off a campaign warning Americans of the dangers of leaving children unattended in a hot car.  The NHTSA reminds adults that children left alone in a car, even in the most moderate temperatures, can be seriously injured or die from the heat in the vehicle.

To educate the public, the NHTSA announced its first-ever national campaign to prevent child heatstroke deaths in cars, urging parents and caregivers to think “Where’s baby? Look before you lock.”

The NHTSA reports that 33 children died due to hyperthermia (heatstroke) in 2011. Two children have died due to hyperthermia thus far this year. According to the Department of Geosciences at San Francisco State University, since 1998 there have been at least 529 vehicle-related hyperthermia deaths.  More than half of the deaths occurred in children under 2 years of age, […]

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Robotic Drug Dispenser Found to Harbor Harmful Bacteria

Our Pennsylvania medical malpractice lawyers issued a warning about widespread hospital infections from dirty surgical devices earlier this month.  Now, a new report brings to light yet another medical safety issue – robotic drug dispensers that contain harmful bacteria.

A study that appeared in the journal Infection Control and Hospital Epidemiology reports medical staff at Wake Forest Baptist Medical Center in Winston Salem, NC discovered Bacillus cereus bacteria during a quality assurance test of drug samples dispensed by a robot.  Specifically, the robot was being used to prepare intravenous medications in a sterile environment.

The U.S. Food and Drug Administration reports Bacillus cereus is most often associated with food poisoning.  Symptoms caused by the bacteria include watery diarrhea, abdominal cramps, and pain which occurs 6-15 hours after contamination.  Nausea may accompany diarrhea, but vomiting rarely occurs.  Symptoms persist for 24 hours in most instances. […]

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Keep Dogs Restrained to Prevent Dog Bites and Attacks

Dogs are touted as being “man’s best friend,” and anyone who has been the recipient of licks or snuggles from their furry friend knows the happiness the unconditional love from a pet can bring.  However, dogs can be unpredictable and dangerous leading to tragic consequences when they attack a person or another pet.

The Centers for Disease Control and Prevention (CDC) reports that about 4.7 million Americans are bitten by dogs each year.  Of those, 800,000 people will seek medical attention for the bites.  The risk of dog bites is highest for children between the ages of five and nine years old.  Approximately two-thirds of dog bite injuries to children four years and younger are to the head and neck.

DogsBite.org, a national dog bite victims’ group dedicated to reducing and preventing serious dog attacks with a focus on educating the public about the dangers of pit bulls, […]

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Widespread Hospital Infection from Dirty Surgical Tools

Scranton, PA, March 30, 2012 — Pennsylvania medical malpractice lawyer Marion Munley called attention today to an investigative report indicating that hospital administrators and others in the medical field know that dirty surgical instruments are causing many dangerous infections in hospital patients.

A 4,200-word investigative report by the Centers for Public Integrity says hospital managers, surgical equipment manufacturers, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) have been grappling with growing recognition that reusable medical devices are not being cleaned properly between procedures.

“The Centers for Public Integrity report about contaminated surgical instruments implicates hospitals, device manufacturers and oversight agencies in this alarming scandal,” said Munley of Munley, Munley & Cartwright, P.C., a Scranton-based Pennsylvania personal injury firm.

“Not only could hospitals be guilty of negligence in how they clean surgical instruments, […]

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FL Nursing Home Hit with $200M Neglect Verdict

According to an article in the Tampa Bay Pines, Trans Health Management has been ordered to pay the largest nursing home neglect verdict in Florida history.  The $200 million verdict was awarded to the family of a 92-year-old woman who was found dead at the bottom of a stairwell at Pinellas Park Care and Rehabilitation Center in Pinellas County, Florida in 2004.

The staff at the Center did not notice the woman was missing for over an hour.  They then found her still strapped in her wheelchair at the bottom of 10 steps at the open emergency exit stairwell. She died shortly before the paramedics arrived.

Trans Health Management Inc., which oversaw the nursing home at the time of the accident, did not present a defense in the case.  During the trial, former employees at the home testified that the door to the stairwell was supposed to be locked, […]

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Lawsuit Settled in HS Football Player’s Death

A 2006 lawsuit filed by the parents of a Henderson County, KY high school football player who died during practice has finally been settled.  Although the terms of the settlement are sealed, both parties said they were glad to put the dispute behind them.

The lawsuit claimed negligence against several school personnel and a doctor, but the suit dragged on while the insurance companies continued to argue over which one bore the most responsibility, according to Kentucky.com.

The 16-year-old football player died during practice on a hot, humid day in July.  The defendants claimed the teen died due to an underlying cardiac condition.

The father said his son’s death had played a part in changes to state law and athletic regulations that deal with heat.  While he said the settlement was a “bitter pill to swallow,” he also said that without filing the suit they would not have gotten the details surrounding their son’s death. […]

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Ohio Oral Surgeon Faces Second Lawsuit

The Chronicle-Telegram reports a retired Lorain, Ohio oral surgeon is being sued for an undisclosed amount by a patient who claims she “was injured and was caused to suffer seizures, neurological damage and other severe and debilitating injuries, some of which were permanent in nature,” during treatment in Dec. 2010.

According to the article, a motion attached to the lawsuit seeks a 90-day enlargement of time to file an affidavit of merit, stating “there is strong reason to believe a cause of action exists” against the surgeon and unnamed nurses, dental assistants and/or health care professionals that the suit lists as defendants.

The physician had previously been sued when a 13-year-old patient died after receiving sedation prior to oral surgery in December 2010.  The doctor’s insurance company paid $1 million to the family of the deceased girl, and the 81-year-old physician stopped giving intravenous sedation and agreed to retire in September.  […]

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