Hearings to Focus on Marcellus Shale Drilling Moratorium

The Delaware River Basin Commission will hold public hearings in northeast Pennsylvania to determine whether or not to strengthen its moratorium on drilling for natural gas in the river basin.  The debate centers on landowners that say they should be able to lease the mineral rights to their land, versus the environmentalists that say the process of drilling for natural gas could pollute groundwater.

The vast Marcellus Shale formation and its lucrative natural gas deposits underlie much of the covered region of the Delaware River basin areas of New York, Pennsylvania, New Jersey and Delaware.  The agency has legal authority over water quality and quantity issues in the basin.

The drilling moratorium is in effect until the commission adopts gas drilling regulations.

If you are a property owner whose property has been harmed by natural gas exploration, talk to an attorney who is experienced in Marcellus Gas drilling issues.  […]

Gas Drilling in Williamsport Featured in New York Times

The gas industry has brought big changes to some of the small towns in our area. One such town is Williamsport, PA, the subject of a recent New York Times story about how the drilling industry has affected the people who live there. Many residents are experiencing immediate economic benefits, but are concerned about the long-term effects.

Williamsport and several neighboring communities have attracted gas companies interested in drilling into Marcellus Shale, a geographic region rich with natural gas that stretches through West Virginia, eastern Ohio, Pennsylvania and into southern New York. The shale contains enough natural gas to meet much of the energy needs of the entire Northeast region.

Drilling could bring much-needed money and jobs into the region, but the industrial process of extracting natural gas has raised concerns about the environmental impact, the New York Times reports, as well as questions about the need for greater regulation of the drilling operations in the area. […]

Uneasiness Persists About Marcellus Shale Operations

Some Pennsylvania property owners don’t like the idea of living next to a drilling rig and want their local governments to use zoning regulations to prevent the development of natural gas wells.

But local government leaders’ hands are tied to a great extent by a state law called the Pennsylvania Oil and Gas Act. The state law preempts local regulation of gas wells and extraction and gives the regulatory authority to the Pennsylvania Department of Environmental Protection. Local regulations may not apply to the location of a well, well site safety or even protection of  the water supply.

The pressing questions of  which local municipal regulations still apply and which are preempted are still being sorted out by the courts.

Natural gas drilling and extraction from the Marcellus Shale poses rewards and hazards for Pennsylvania communities. While there is the potential for significant economic benefit, […]

$2.6M Medical Malpractice Verdict In Bethlehem

Doctor at fault for cancer misdiagnosis

Cancer is one of the most common causes of death in the United States, and failure to properly diagnose this disease can be devastating – even fatal – to the patient.  When this happens, it may result in a medical malpractice charge against the healthcare givers.

A ruling by the Pennsylvania Supreme Court has ended a two-and-a-half year journey through the state courts for a $2.6 million medical malpractice verdict against St. Luke’s Hospital & Health Network and one of its gynecologists.

The case was filed in Lehigh County; the plaintiff alleged that her doctor breached the standard of care when he did not advise her to have a biopsy on what turned out to be a cancerous lump in one of her breasts.

Our attorneys have decades of experience handling complex medical malpractice cases.   […]

$82.5 Million Awarded To Blast Victim’s Family

Company found grossly negligent in wrongful death case

As wrongful death attorneys, we deal with the grief and confusion a family feels following the unexpected and unnecessary death of a loved one.  It is difficult for family to maneuver through the maze of legalities while mourning the loss of their loved one, especially when the death is that of a young father and husband.

The Star-Telegram reports the family of a 27-year-old man who died of injuries suffered in an explosion at a natural gas processing plant has been awarded $82.5 million by a Harris County (Texas) jury.

In May, 2007, the young man was injured when a hot-oil treater exploded and he died at the hospital the next day.  The award will go to his widow and the couple’s three young children, including a son born shortly after his father died.

Exterran Energy Solutions L.P of Houston – […]

$1.7 Million For Nerve Damage Following Baby’s Birth

Hospital responsible for mother’s nerve damage due to negligent anti-nausea injection

The Post-Standard reports a New York state Supreme Court jury has awarded a home-care nurse almost $1.7 million for permanent nerve damage following her baby’s birth three years ago.

The lawsuit was filed against Community General Hospital after the hospital administered an intramuscular injection in an attempt to stop the woman’s vomiting following the birth of her third child. The suit claimed the injection was given too low causing damage to the woman’s sciatic nerve.

The 34-year-old mother now suffers from lower back pain and is unable to sit or stand for any length of time and has other physical problems as a result of the nerve damage.  Although she still works as a home health care nurse, her doctors believe her condition will become worse.

Our attorneys at Munley, Munley, […]

Luzerne County Prepares for Drilling Disaster

In preparation for Encana Oil & Gas USA’s plan to begin drilling a well at a site in Fairmount Township, the Luzerne County Emergency Management Agency has begun an emergency response plan in case of a drilling disaster. Town officials are working closely with the energy company to identify the protocol to handle any local natural gas drilling-related catastrophe that might occur.

According to an Encana spokesperson, the local firefighters and emergency responders are not responsible for containing or fighting a gas well fire or gas release at a well site, however, they will be asked to provide support to Enanca’s specially trained teams.

Encana admits that “risks are inherent in the oil and natural gas industry,” but that safety is their top priority. They will look to local emergency responders to secure and evacuate the immediate area, in an emergency, while the designated well-control company representatives are en route to the disaster site. […]

$3.5 Million Awarded In Lawsuit Over Botched Surgery

The Baltimore Sun reports a 53-year-old woman has won $3.5 million in her medical malpractice suit against Vascular Surgery Associates and two of its surgeons following a botched surgery.

In 2007 the woman’s surgery for blocked arteries ended in devastating injuries including damage to her spinal cord which left her a paraplegic. The lawsuit claimed the doctor used an improper grafting technique which led to various injuries including blood loss, and paralysis.

The award included $1.3 million in noneconomic damages, $2 million for future medical bills, and more than $200,000 for prior medical bills.

Our medical malpractice lawyers have decades of experience handling complex cases involving medical errors, misdiagnoses, and hospital infections. We will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients.  If you or a loved one has been harmed by medical negligence, […]

Family Accepts $5.2 Million After Caesarean Section Death

The family of a 32-year-old woman who died following childbirth in 2007 has accepted $5.2 million from two doctors and the Albany Medical Center Hospital, reports the Albany Times Union. The settlement also includes mandated changes in procedures at the hospital.

After a normal and healthy pregnancy, the mother bled to death following a Caesarean section despite several calls to her primary obstetrician stating she was bleeding internally. After the third call, the doctor came to operate on the patient, but by then she had lost too much blood, the newspaper reported.

Instead of going to trial in August, the family accepted the settlement because they could not have won the non-monetary stipulations in a trial. These stipulations require the hospital to take specific steps to enhance patient safety.

Our attorneys at Munley, Munley, & Cartwright are experienced in medical malpractice lawsuits and will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. […]

$1.6 Million Awarded In College Basketball Player’s Death

According to the Associated Press, a jury has awarded parents $1.6 million in their medical malpractice lawsuit filed following their son’s death on an Eastern Connecticut State University basketball court.

The 22-year-old senior collapsed during a basketball game in 2005. The parents alleged the doctor who examined him in 2001 should have found the congenital heart defect known as hypertrophic cardiomyopathy. The doctor found him to be in excellent health and signed his college medical form.

The doctor scheduled an echocardiogram for the young man after the examination, but he did not show up for the test.

Our attorneys at Munley Law are experienced in medical malpractice lawsuits and will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. If you or a loved one has been harmed by medical negligence, […]

Patients Undergo Risky, Unnecessary Medical Procedure

The Baltimore Sun reports hundreds of heart patients from St. Joseph Medical Center in Towson, Maryland may have undergone an unnecessary medical procedure. St. Joseph Medical Center calls itself the busiest heart catheterization center in Maryland, and is thought of as one of the primary cardiac care facilities in the area.

At least 369 patients have received letters informing them they may have received expensive and potentially dangerous coronary stents they did not need. At the time of their surgery the patients were told they needed the stent to open an artery which had severe blockage. They have since learned their blockage was only minor.

Dr. Mark Midei is the only doctor implicated in the hospital investigation so far. He allegedly told patients they had up to a 90 percent blockage, when in fact they had only a 10 percent blockage. In other patients, he placed two stents when only one was necessary. […]

Jury Awards $15M After Medical Errors Caused Boy’s Death

A Suffolk County jury has found two doctors at Children’s Hospital Boston caused the death of a 3-year-old boy and must pay his parents $15 million, reports the Boston Globe. This is an unusual amount for a medical malpractice case involving death — settlements this large are more usual for severely injured patients requiring years of expensive treatment.

The Pennsylvania boy was born with Tetralogy of Fallot, a complex but treatable birth defect which affects the flow of blood through the heart. After several surgeries to try to widen the arteries carrying blood to his heart, the young boy was referred to another doctor who performed a catheterization. Within hours of this surgery the boy suffered a seizure found to be caused by contrast dye used in the surgery leaking into his brain.

During an MRI a tiny piece of metal — probably from a medical instrument — […]

Boy’s Parents Awarded $22.3M In Medical Negligence Suit

The Chicago Sun-Times reports a Cook County jury has awarded the parents of a 10-year-old boy $22.3 million in a medical negligence case that resulted in the loss of the boy’s leg shortly after his birth.

The young boy was born in May 1999 with a congenital heart defect which required a shunt procedure performed at Advocate Christ Medical Center/Hope Children’s Hospital in Oak Lawn, Illinois. Two weeks after being sent home, the parents returned the infant to the emergency room.

The lawsuit alleged his left leg had to be amputated due to mistakes made in the operating room. The child also suffers from cognitive deficiencies and developmental delays alleged to be caused by the delayed treatment and cardiac catheterization.

The jury found the hospital and staff were negligent in failing to diagnose the infant’s shunt problems in time and subjecting him to an unnecessary catheterization. […]

Man Awarded $6 Million When Tree Limb Falls, Causes Broken Neck

What is reported to be one of the largest verdicts in Hunterdon County has been awarded to a Delaware Township man for injuries suffered when a large tree limb fell on his car in 2006.

Kenneth Matlock and his wife suffered broken necks when a limb from an oak tree fell onto their car from a height of about 20 feet, according to news reports. Mr. Matlock is permanently disabled from the incident.

The DOT was found to be responsible since the tree was in the state’s right-of-way. The tree was thought to have been weakened from recent flooding and rot. The lawsuit claimed the defendants failed to maintain the property next to the road and failed to warn drivers of the tree hazards which they knew of and failed to fix.

There had been 55 reports of tree-related incidents in the area in the 2 years prior to Matlock’s accident. […]

Homeless Man Awarded $41,000 for Fraternity Shooting Incident

A homeless man who was shot with a .22 caliber rifle by an Oregon State University fraternity member has been awarded over $6,000 for medical expenses and $35,000 in non-economic damages, totaling over $40,000.

The jury found both the Association of Alpha Beta Chapter of Alpha Gamma Rho (AGR) and a former member responsible for the 2006 shooting, according to news reports. The national organization was not held responsible.

Witnesses testified that the fraternity members were known to shoot BB guns from the fraternity building windows and had talked about shooting homeless people with BB guns, news reports stated. After a search of the fraternity house, police found more than 24 firearms. The guns are allowed according to the AGR guidelines as long as they are securely locked.

The individual found liable in the case testified he was aiming at a dumpster and not the homeless man. […]

$4.34 Million Awarded To Veteran Paralyzed After Spinal Surgery

A 66-year-old veteran who alleged he was left paralyzed from spinal surgery at the Veterans Administration Medical Center in West Los Angeles has been awarded $4.34 million by a federal judge, according to Courthouse News Service.

In October 2005, Alvin Johnson had spinal surgery to correct a ruptured disc at the VA medical center, according to the article. Doctors injected Surgifoam, a material which absorbs blood and other fluids, into the space created once the ruptured disc was removed.

According to the complaint, the doctors did not remove all the excess foam and it expanded, pressing against the spinal cord. When the veteran’s daughter was notified two and a half hours later, Mr. Johnson had no feeling from his neck down and was nearly completely paralyzed.

An MRI showing the spinal cord was compressed was ordered by another doctor, but Mr. […]

Alleged Hospital Error Using Fentanyl Patch Fatal To Autistic Teen

Autistic teen dies from accidental drug overdose in medical malpractice case

A wrongful death lawsuit alleges a 15-year-old Autistic boy died in March when he was given a Fentanyl patch to alleviate his pain from a routine tooth extraction, reports Seattlepi.com.

Seattle Children’s Hospital sent Michael home with his mother on March 9, following the extraction, with the fentanyl patch for pain, according to a civil suit filed earlier this month in Washington’s King County Superior Court. Family members found him unresponsive the next morning and paramedics were unable to revive him – he was pronounced dead at his home.

The medical examiner report states the boy died from a drug overdose caused by the fentanyl patch, which is usually used for patients with chronic pain such as cancer patients, the newspaper reports.

Children’s Medical Director has admitted the hospital staff erred when if prescribed the fentanyl to Michael, […]

Parents Sue Day Care Center in Child’s Death

According to the Philadelphia Daily News, the parents of a 2-year-old boy will sue Fairy Tales Daycare and its owners in the boy’s death.

On July 1, 2009, the child died after being left in the back seat of a locked van with the windows rolled up and temperatures exceeding 80 degrees. The lawsuit alleges the boy’s parents paid their neighbor and co-owner of the daycare center to take the child to the center at least three times a week.

On this day, however, the child was left in the van where he was not discovered until about 4:30 pm in the afternoon. He was rushed to the hospital where he was pronounced dead of heat stroke, also known as hyperthermia.

No criminal charges have been filed in the case.

The Scranton, Pennsylvania attorneys of Munley, Munley & Cartwright have years of experience representing the survivors of wrongful death victims. […]

$10 Million Awarded to Amputee in Houston Medical Malpractice Lawsuit

Man has leg, fingers, and toes unnecessarily amputated due to botched procedure

According to the Houston Chronicle, a Harris County jury has awarded a Houston man $10 million in a lawsuit filed against Methodist Hospital and the doctors who treated him there.

In 2002, the man underwent heart surgery for an improperly functioning valve. After the surgery, he developed gangrene and had to have multiple amputations, including his left leg above the knee, his fingers and the toes on his right foot.

The lawsuit alleged Methodist Hospital failed to monitor the patient properly for blood disorders after they administered the drug Heparin. Heparin is a widely used blood thinner that is known to have side effects including immunological reactions that cause excess bleeding. This, alleged the plaintiff, resulted in the development of gangrene.

If you or a loved one in Pennsylvania has been harmed by a medical mistake, […]

Woman Settles Flesh-Eating-Bacteria Medical Malpractice Lawsuit

The Orlando Sentinel reports a woman who ended up having both arms and legs amputated, allegedly due to a flesh-eating-bacteria, has settled her lawsuit against the hospital for an undisclosed amount.

After delivering a son at the Orlando Regional Healthcare System, Inc. (now called Orlando Health) in 2005, the woman developed a rash, fever, chills and other symptoms. The next day, even though she was in extreme pain the hospital tried to discharge her, according to her lawsuit, but her husband refused to take her home, and the following day surgery revealed she had gangrene in her belly.

Her condition grew worse and it was determined her body was being ravaged by Group A Streptococcal infection – a flesh eating bacteria. In hopes of saving her life, health care personnel amputated all four of her limbs. She is now confined to a motorized wheelchair.

Medical negligence is the result of a health care provider’s failure to provide the expected standard of care. […]