Recently a tow truck driver slammed head on into another vehicle in the Pittsburgh area, and this resulted in the death of a 45-year old woman and critically injured the woman's son. Upon investigation it was found that the tow truck driver did not have a valid driver's license. Search is underway to locate the owner of the tow truck to discover what he did and did not know concerning the tow truck driver's past.
]]> In any activity that could lead to risk for other individuals, those engaged in such an activity have a duty to take all reasonable precautions to make certain that no one else is harmed. In the case of employers, they must take steps to make sure that their employees also conduct business in a safe and reasonable manner.If someone is injured and there is a question as to whether one particular party or another is liable, it is also a good decision to consult with a lawyer that understands how personal injury matters are handled. Such lawyers have the resources to make determinations as to who is at fault, and they also understand which parties are in the best position to compensate those that are injured.
A 45-year old woman and her son likely would not have been harmed if due care was taken in the driving of the tow truck. Lawsuits are put in place to make certain that injured parties are compensated for what has occurred, but such suits also send a message that responsible parties will have to pay for reckless or careless acts.
Source: Pittsburgh Post-Gazette, "Police try to find owner of truck in fatal crash," May 15, 2012
]]>Before 15 workers were killed 180 injured during the BP refinery explosion, so-called safety incentive actually prevented employees from reporting unsafe conditions and injuries out of fear of reprisals. OHSA is currently investigating such incentive programs as OSHA would like accurate reporting to take place at workplaces to accurately assess workplace risks.
]]> Attorneys experienced in workers' compensation and worker' injury litigation understand the obstacles such workers face. Workers depend upon the wages received to support their families and therefore are reluctant to report what is actually occurring at the workplace. Experienced attorneys understand that whistleblower statutes have been put in place to protect workers from being punished or even fired for addressing various concerns.Like so many initiatives put in place to allegedly to benefit workers, safety incentive programs may be put in place to hide the fact that little is being done regarding worker safety. Whatever the goal may be concerning such safety incentive programs, such programs have not been leading to increased workers' safety.
Workers should be allowed to report injuries or unsafe conditions without being subjected to various repercussions.
Source: Insurance Journal, "Do Safety Incentives Discourage Workers from Reporting Injuries?" by Andrew G. Simpson, May 10, 2012
]]>It has come to light that a number of medical implants that probably have been marketed in Pennsylvania have not been recalled by the FDA and probably have been too quickly approved. Such products would include hip implants, surgical mesh, heart valve rings and defibrillator wire leads.
]]> Much has been written about the hip implants and surgical mesh that has been the subject of many recent lawsuits. However, the heart valve rings and defibrillator leads have been approved as well with no more oversight than occurred with the hip implants and surgical mesh. Of note is that the defibrillator leads have been implanted in as many as 79,000 patients and have been associated with as many as 20 deaths.The FDA has justified a quick process to approve such devices for marketing in part because such devices when working properly can improve or even save lives. However, the quickening of this process can ultimately lead to no clinical testing or FDA oversight.
Since all such products have actually been surgically implanted into human beings, it's quite understandable why patients fitted with such devices would be concerned that no testing has been conducted. When such products do prove to be defective after marketing, at the very least it will lead to patients having to undergo an additional surgical procedure to have such a device removed. It can also lead to severe injury, prolonged suffering and even death.
Source: ProPublica, "Four Medical Implants That Escaped FDA Scrutiny," by Lena Groeger, April 30, 2012
]]>OSHA is investigating how the fire began and as to why asbestos happened to be present at the building. A representative of Alcoa admitted to the discovery of the asbestos and added that every safety precaution would be taken to make sure that no employees were injured.
]]> Alcoa has every reason to be concerned. Asbestos exposure can lead to a number of deadly respiratory diseases such as asbestosis, mesothelioma and lung cancer.There is no known cure for any of these particular ailments, and contracting such ailments can result in many years of suffering before the bedridden individual ends up dying. In certain cases, mesothelioma can take as many as 50 years after exposure for symptoms to actually show up.
Because asbestos can become particularly dangerous when it is disturbed, asbestos removal needs to be a highly regulated activity. Asbestos fibers are particularly dangerous when these become airborne.
It is because of the dangers of asbestos that so many attorneys have come forward to represent clients concerning asbestos related injuries. In all such circumstances, it's extremely important to retain an attorney that understands the dangers and the long term consequences of asbestos exposure.
The dangers of asbestos were not understood more than half of a century ago and that's why we find asbestos still present in many older buildings in metropolitan areas such as Pittsburgh. But since the dangers are now so well understood, every business needs to take every precaution to avoid exposing workers to such dangers.
Source: Asbestos.com, "Asbestos Scare in Alcoa Plant Causes Concerns for Employee Safety," by Mark Hall, May 4, 2012
]]>This 2010 incident turned out to be the worst United States coal mining disaster in approximately 40 years. A small methane ignition may have resulted in an explosion at the site, and it is alleged that such an ignition would not have occurred if the company had implemented a number of safety practices.
]]> Like occurs in so many wrongful death lawsuits against large companies, the complaint states that the company placed profits ahead of worker safety. Massey was later purchased for $7.1 billion and certainly is large enough and rich enough to study and put into place a safety protocol that could probably have prevented such an accident from ever occurring.The company that purchased Massey, though not named in the wrongful death actions, did put into place $209 million that was used to settle any corporate liability on their part. The 29 miners killed worked hard at their jobs and had families that were depending upon them.
It would be next to impossible to put too high a price on the value such an individual would have in relation to other family members. Wrongful death lawsuits are brought by attorneys to help such families survive, though whatever compensation received will never completely make up for the loss. Such lawsuits are also a reminder to such companies that their actions do have real consequences to more than just the individuals killed in such accidents.
Source: The Wall Street Journal, "Family of Miner Sues Former Massey Officials," by Kris Maher, April 5, 2012
]]>The workplace safety has improved from say 50-years ago there is still a great deal that can be done to eliminate many workplace injuries and fatalities. A large number of hazardous conditions at the workplace remain unregulated. This is especially true in the construction industry where a majority of workplace fatalities occur.
]]> If a worker has been injured due to unsafe conditions or if a worker suspects workplace hazards continue to exist, it would be a good idea to contact an attorney experienced in employment related matters. Such attorneys can provide individual counsel and provide options as to what can be done.Workplace injuries and fatalities have occurred in the Pittsburgh area in a variety of ways during the past two years. These would include:
In all, there were 21 workplace deaths that have occurred in this two-year period. This is not as severe as say the 78 people killed in a single explosion more than a century ago. Even so, the death rate is unacceptably high for modern times. Even one workers' death is too many.
Source: Pittsburgh Post-Gazette, "Danger in workplace recounted," by Kaitlynn Riely, April 28, 2012
]]>Though problems with defibrillators arose back in 2005, it appears that manufacturers of such products have done little to nothing to eliminate such problems. And since the flaws in the original defibrillators have not been corrected, individuals continue to be fitted with defective defibrillators.
]]> Recently a study has shown that a wiring problem concerning certain brands of defibrillators has led to as many as 20 deaths. The death rate may actually be much higher as the company responsible has not disclosed all of the various claims. The electrical problems still exist and as many as 128,000 patients have been fitted with defibrillators that may contain this defective wiring.One can only guess as to the reasons why a known problem in using such defibrillators still exists. It's possible that the manufacturers simply did not study the causes of deaths of patients fitted with these devices. This is particularly disturbing as many heart specialists have felt the death rate in the use of such devices has been unusually high.
Such failure to act is what results in attorneys bringing lawsuits against companies. Manufacturers of medical products in particular have an extremely high duty to make their products safe. Individuals are fitted with the defibrillators as a life saving procedure. Such individuals are required to go under the knife to have such devices placed within the body itself. No one would undergo such a procedure if they felt the outcome could result in death.
Source: The New York Times, "Device Malfunction Casts Doubt on Industry Pledge," by Barry Meier and Katie Thomas, April 18, 2012
]]>Recently a former marine died of mesothelioma after he had sued a number of companies that may have been responsible for his exposure to the substance. His lawyers are now alleging that defendants hastened his death by making the injured man endure hours and hours of deposition testimony. His doctors were even concerned that he would not be able to survive the ordeal - which unfortunately turned out to be the case.
]]> It's impossible at this point to say whether such allegations are accurate. Every defendant has a right to defend themselves when they are being sued. But because such companies will present a rigorous defense is a good reason why anyone bringing a claim against such a company needs a good personal injury attorney experienced in asbestos related lawsuits.Individuals suffering from mesothelioma are often in extremely poor health because they are suffering from an affliction with the only known cause being exposure to asbestos. Mesothelioma is a particularly deadly form of cancer with no known cure. Often symptoms from the disease do not show up until years after the exposure has taken place. Victims of mesothelioma can sometimes suffer for years.
The former marine mentioned above collapsed 40 minutes after providing deposition testimony and died one day later. Sadly, his widow and family will probably never be able to recover as much if the man had survived to testify at trial in front of a jury.
Source: Los Angeles Times, "Mesothelioma victims deserve better than wasteful legal maneuvers," by Michael Hiltzik, April 22, 2012
]]>According to a news report, the men were conducting routine maintenance work at the plant when the explosion occurred. They suffered severe burn injuries in the industrial accident.
]]> The fire marshal conducted an investigation and determined the explosion and resulting work injuries resulted from methane gas that was ignited by an undetermined source. According to a U.S. Department of Energy, Energy Efficiency and Renewable Energy publication, the gas that is produced during anaerobic digestion in a wastewater treatment facility is 60 percent methane.The news source mentioned that there was no criminal intent involved in the explosion according to the fire marshal. However, this does not mean that there may not be negligence involved. If there is any negligence related to this explosion, the families of the two men who died can pursue wrongful death litigation including compensation for pain and suffering.
In the absence of negligence, the families may be eligible for compensation from workers' compensation or other sources.
Burn injuries are known to be painful and those with severe burn injuries are often placed in medically induced comas during their recuperation. Infection is a secondary risk for those with severe burns.
The news report does not state a cause of death other than burn injuries. The town mayor reportedly said that the second worker to die fought very hard, and that the burns were simply too severe.
Source: WYTV, "Second Struthers Explosion Victim Dies," April 16, 2012
]]>There's very little to the story. The body of the victim was found at 9:15 p.m. in the evening and this individual died the following morning. There is no information reported concerning how long the victim of this accident was lying in the road or whether his life could have been saved had he received immediate medical attention.
]]> The individual arrested is being held in jail in lieu of $75,000 bond. Sadly, whatever criminal charges the man faces will do little to help the family of the victim who are now coping with the loss.Hit-and-run accidents cause unnecessary complications for injured parties and their families in many ways. The deceased may have been a caregiver. Other individuals may have been dependent upon this person for their financial and emotional well being.
The family of a deceased relative killed in a hit-and-run accident should be allowed to take advantage of every legal option. Attorneys practiced in the area of personal injury and wrongful death will likely need to be consulted in order to make sure every avenue is explored so that the victim's family can be compensated for what has occurred.
No amount of money can ever make up for the loss of a loved one, but compensation can at least somewhat compensate the family members for any financial burdens placed upon them because of their loss.
Source: Pittsburgh Tribune, "Arrest made in fatal Lower Burrell hit and run," March 30, 2012
]]>The employee that was killed was employed by a subcontractor drilling company that was performing work for the natural gas company. The natural gas company is now investigating how the accident occurred and looking into how such accidents can be prevented in the future.
]]> Though workplace accidents will occur, employers should be doing everything they can to promote workplace safety and especially eliminate fatal accidents from ever occurring. When employers fail to make worker safety a priority, the companies that they represent need to be held accountable to injured parties and families to at least somewhat compensate them for their loss.The laws concerning worker injuries can be complicated, but an attorney experienced in the area of workers' compensation - and particularly experienced in representing clients suffering from catastrophic occupational injuries or illnesses - can assist workers and families in receiving the compensation that they deserve. Such representation can also force the company to make needed changes to insure worker safety in the future.
With what little information we have we don't know exactly how the above mentioned worker was killed. Yet the family of such an individual will require answers and are deserving of individual representation to ensure that their needs are met.
Source: Beaver County Times, "Harrisburg man killed in NW Pa. drilling accident," April 6, 2012
]]>The motorcycle rider went out for a ride with his 35-year old girlfriend as a passenger. Though his blood alcohol level was at 0.055 which is below the legal limit, the combination of drinking and prescription medication likely meant he was in no condition to ride. The rider subsequently lost control of the motorcycle and his girlfriend was thrown and killed.
]]> The rider pled guilty to homicide by vehicle and driving under the influence. The rider had previously been convicted of driving under the influence in 2007 and had another motorcycle violation in 2009. The judge overseeing the current criminal proceeding had harsh words for the rider stressing how the rider had not learned from these previous lessons. The rider's attorney stated: "He's been traumatized by this. He realizes it was his fault."Sadly, a criminal proceeding will only bring partial closure to the family of the deceased woman. This woman left behind an 11-year old girl who was unable to read her own victim impact statement at court. This child will need support and comfort as she will now be forced to live without her mother.
Though a wrongful death suit cannot bring the victim back, attorneys bringing such suits can sometimes litigate the matter to provide the family some compensation so that they are not punished more than they already have been.
Source: Pittsburgh Post-Gazette, "Motorcyclist sentenced for DUI in fatal crash," by Paula Reed Ward, April 4, 2012
]]>AstraZeneca Plc (AZN), a UK based company, is now suing the FDA because the agency denied a prior request that such warnings be required for generic brands of a drug called Seroquel. Seroquel is an antipsychotic medication which until now has been exclusively marketed by AZN, but such exclusivity is soon to change as generic brands of Seroquel will also be sold. If such warnings are not required of the generic brands, AZN then asks that approval of marketing of the generic brands be delayed.
]]> The motives of AZN in bringing the lawsuit and requesting such warnings be used seems to have little to do with consumer safety. Rather AZN is more likely concern that patients will be more likely to buy the generic brands of Seroquel without such product warnings and that AZN will then lose out on sales and a great deal of its market share.Part of the reason why clients and their attorneys bring so many products liability suits is because companies often make decisions based on financial costs rather than consumer safety. Yet products liability suits often hit such companies that ignore consumer safety where it hurts the companies most: in the wallet.
Without trying to sound overly pessimistic, the best way to promote product safety in Pennsylvania and elsewhere maybe to make it as difficult as possible for companies to make profits until such companies place consumer safety first.
Source: Bloomberg, "AstraZeneca Sues FDA Over Generic Seroquel Warning Denial," March 14, 2012
]]>Little other information has been given concerning this incident other than the two men were taken to a Pittsburgh area hospital. Both men are listed as being in critical condition.
]]> It's not always easy for the injured worker or worker's family to know their options. Often workers are injured on the job and they end up facing a lifetime of disability. Especially when we are speaking of industrial accidents such as explosions, injuries that occurred may prevent that worker from ever being employed again.Injuries involving workers are often handled differently than if the injury did not occur on the job. Because such claims can be so complex, it is important that an injured worker consult with an attorney that is experienced in litigating matters involving worker's injuries and is highly familiar with workers' compensation rules.
Decisions need to be made in the above circumstance as to whether workers' compensation laws are applicable and whether any other specific statues or OSHA regulations were violated. Also, an investigation needs to be conducted to determine the exact cause of the explosion and whether other parties besides the employer should be brought into the suit. Determinations will need to be made as to what the proper duty of care happened to be for the employer of the injured worker.
Source: WYTV News, "Explosion Victims Remain Critical," March 22, 2012
]]>OSHA requires the employer to provide such equipment. It probably must seem absurd in any case that contract employees would be expected to pick up these charges when it is the employer that is asking them to assume the risk of working with asbestos.
]]> With all of the potential risk concerning the handling and use of asbestos, employers cannot afford to place the costs upon employees when it comes to safety. Asbestos exposure can lead to many serious and long lasting diseases. Many such diseases such as lung cancer, mesothelioma and asbestosis can be permanent and lethal. No employee should be expected to assume such risks.When employers tried to take shortcuts on safety, workers and their lawyers have the right to hold them liable for any injuries that can result. Employers do need to keep in mind that compensating victims for asbestos related injuries may require hundreds of thousands of dollars for medical expenses and lost wages for 20 or 30-years.
Federal legislation is in place to hold employers liable that do not adequately protect employees from asbestos exposure. This shows that even legislators understand the dangers involved for workers handling asbestos.
Source: The Baltimore Sun, "Health complaint filed against asbestos removal company," by Yvonne Wenger, March 16, 2012
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