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New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident

The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident.  The judge added $900,000 to the $1.1 million award from the jury.

In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate.  While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs.  The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.

Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.

In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses.  The man’s attorney filed a motion for an “additur” with the judge which was granted and raised the award another $900,000. […]

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Family of City Worker Killed In Mower Accident Settles Lawsuit

A confidential last-minute settlement has been reached in the lawsuit brought by the family of a city Parks Department employee who was killed in 2003 by a runaway lawnmower, reports the Telegram & Gazette of Worcester, Mass.

Industrial and agricultural accidents can occur for a variety of reasons. One of the leading causes, however, is a manufacturing or design defect that makes heavy machinery dangerous to users. You should be able to trust that the product you are using is safe and that you have been given proper warning of any risks the product poses.  At Munley Law we understand the complexity of product liability laws and the challenge of proving a case, and we can help you get the compensation you deserve.

The 54-year-old man died from injuries he sustained when he was run over by a 6,000 lb. large capacity mower as it rolled down a hill.  […]

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Oklahoma Mother Files $10 Million Wrongful Death Lawsuit Against Prison

The mother of a man from Tecumseh, Oklahoma has filed a $10 million lawsuit against a prison corporation and the state in the death of her son.

Her son and his wife were vacationing in New Mexico when they were killed by two prisoners who had escaped from an Arizona prison.  The lawsuit was filed against the company operating the private prison, Management & Training Corporation of Delaware, and claims the state failed to maintain the inmates and properly train the employees.

Losing a loved due to someone else’s negligence can be difficult to understand. When you are grieving, hurt and worried about the future, it is uncomfortable to talk about insurance claims, wrongful death settlements, and cash awards; however, if someone caused your loved one’s death you should seek the compensation you deserve. At Munley, Munley & Cartwright we represent individuals and families that have lost a loved one or been seriously injured due to the negligence of another. […]

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Claim of Defective Seats Brings Wrongful Death Lawsuit Against Honda

Lawsuit claims Honda car allowed ejection of passenger who was wearing seatbelt in wrongful death case

A lawsuit has been filed in Texas against Honda Motor Co., Ltd. by the parents of a young woman who died in her 2005 Honda Civic in April of this year, reports the Southeast Texas Record.

The young woman died when she lost control of her car and skidded off the rain slick road. She hit several trees and even though she was wearing a seatbelt, she was killed when her seat collapsed and she was thrown into the back seat.

When you or a loved one gets behind the wheel of a vehicle, you should be able to count on the fact that it has been safely designed and is free from flaws that could result in serious injury, or even death.  At Munley, Munley & Cartwright we have successfully handled cases involving injury or death caused by alleged defects such as automobiles, […]

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DEP Makes Marcellus Shale Production Data Available to Public

The Department of Environmental Protection (DEP) has made production data for Marcellus Shale natural gas wells in the state available on their website.  Under Act 15 of 2010, Marcellus operators are required to report their well production totals from July 1, 2009 to June 30, 2010.  This act overturned previous provisions in the Oil and Gas Act that required production data to be kept confidential for five years.

John Hanger, secretary of DEP, says that by making this information available to the public “a much-criticized layer of secrecy” is removed and the public and government now have “unprecedented access to this information.”

Even though the companies were required to submit the data to the state by August 15, 2010, 18 of the state’s 74 Marcellus Shale operators have not yet complied. Hanger said the department will pursue “whatever enforcement action is necessary to ensure compliance with the law.” […]

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Some Pennsylvania Parks Could Become Marcellus Shale Drilling Sites

The Pennsylvania Department of Conservation and Natural Resources (DCNR) manages and maintains close to 120 state parks.  However, Pennsylvania does not own the mineral rights to 80 percent of the land underlying the parks, opening it up to the possibility of the private owners entering into Marcellus Shale lease agreements with gas companies.

Oil and gas companies have already drilled a limited number of wells in some of the state park land in western Pennsylvania.  DCNR cannot impose surface-use agreements on the drilling companies to govern their impact on the surface of the parks, due to a 2009 ruling by the Supreme Court,  and some fear the increased interest in Marcellus Shale in the parks could result in damage to the landscape.

DCNR Secretary John Quigley says that while the threat to the parks is not immediate, “there are a dozen or fewer parks where drillers or seismic testing firms have expressed interest in accessing the surface to get to the Marcellus Shale.” […]

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Emergency Services Secured for Marcellus Shale Region

The Pennsylvania Department of Environmental Protection (DEP) has secured the services of CUDD Well Control to provide emergency response services in Pennsylvania in case an emergency arises from any of the Marcellus Shale wells.  DEP has taken this step in response to recent high-profile accidents at natural gas wells in Pennsylvania.

The company will establish a new facility in Canton Township, Bradford County, allowing Cudd’s highly specialized, well-equipped emergency response crew to respond to any natural gas well in Pennsylvania within five hours.

The state will only employ CUDD’s services when needed through emergency contracts on a case-by-case basis.  This process will limit costs to taxpayers to events when CUDD personnel are mobilized.

Our attorneys at Munley, Munley & Cartwright are experienced in worksite accident lawsuits and will evaluate your case and explore all possible sources of recovery. We fight to protect the rights of workers. […]

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Pooling May be Forced on Marcellus Shale Area Residents

The Marcellus Shale natural gas industry is lobbying for legislation that would force property owners in the Marcellus Shale region to allow drilling for natural gas on their land if other property owners approve the request but they refuse.  Referred to as “forced pooling,” the pooling order would set forth the terms and conditions of the forced lease, such as compensation for the reluctant property owner.

The purpose of pooling is to group adjoining mineral rights leases to form a larger drilling unit, and according to the industry, results in more economical drilling.  Property owners with mineral rights would lease his or her interest in exchange for a royalty share. In Pennsylvania, the industry wants to add the statute to the severance tax to be adopted by the state.

If you are a property owner and you are opposed to drilling on your property, […]

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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, […]

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$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 – […]

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$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, […]

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$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, […]

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Officer and Bar to Pay $2.25 Million In Fatal Car Crash

A police officer and the bar which served her were held accountable for a fatal car crash caused by drunk driving. They will pay a total of $2.255 million for the wrongful death of four people and the injuries to another man, reports St. Louis Today.

The lawsuit claimed the police officer had consumed a “high quantity” of alcohol at O’Leary’s Restaurant and Bar and the employees at the bar knew she was intoxicated and did not stop her from driving or call her a cab. Despite her slurred speech and unsteady walk, the bar continued to serve her alcohol. After leaving the bar, the officer crashed her car into a Honda with five students from India.

The driver of the car hit by the police officer suffered a head injury, a fractured rib, liver trauma, lung contusion, and contusions to the skull. His four passengers were killed, […]

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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. […]

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$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, […]

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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. […]

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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. […]

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$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. […]

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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, […]

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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. […]