Washington DC Injury Lawyer Blog

The D.C. Fire and Emergency Medical Services is investigating whether Washington DC paramedic errors occurred during the handling of a 911 call about a 2-year-old girl. The toddler was having breathing problems early on the morning of February 10 when paramedics arrived to examine her.

The girl was not taken to the hospital and the paramedics left. About nine hours later, another 911 call was made about the same 2-year-old. This time, she was transported to Children’s National Medical Center. The girl died the next day.

Now, questions have surfaced as to why paramedics didn’t take her to the hospital sooner. A number of emergency workers who responded to the 911 call have been placed on administrative leave while the investigation takes place.

Washington DC Paramedic Malpractice
EMT’s and paramedics are often the first line of defense when it comes to saving the life of a person who is having a medical emergency. People don’t usually contact 911 for a minor medical symptom. Usually, there is a life or death situation occurring and someone needs medical help immediately.

Failure to provide that immediate medical care and evaluation can prove fatal—especially when a paramedic arrives at the scene and wrongly diagnoses a situation so that the patient doesn’t get the proper medical care that could save his/her life.

This is not the first time DC paramedics have come under scrutiny for their handling of emergency situations. In 2008, 38-year-old Edward L. Givens was examined by paramedics at his Northeast Washington residence. The paramedics left 12 minutes after arriving. He died from a heart attack hours later.

In 2006, paramedics failed to rush New York Times Reporter David E. Rosenbaum to the hospital after he was beaten and mugged. The medical workers thought that he was drunk. He died from his injuries. Rosenbaum’s family has settled their Washington DC wrongful death lawsuit with the District.

D.C. EMS faces review in death of girl, 2, The Washington Post, March 4, 2010

DC Medic Did Not Fill Out Paper Work In Child Death Case, 9 News Now, March 4, 2010

Continue reading "Washington DC Paramedics Under Investigation in Death of 2-Year-Old Girl" »

In Washington DC on Wednesday, Akio Toyoda, the president of Toyota Motor Corp., appeared before the US Congress to apologize over the acceleration and brake issues that has led to the recall of more than 8.5 million vehicles in less than six months. Toyoda is the grandson of Toyota’s founder.

In front of the Committee on Oversight and Government Reform, Toyoda took responsibility for the company’s failure to properly acknowledge and deal with the issues that have allegedly injured and killed so many. The US government has opened a criminal probe into Toyota’s handing of the safety issues.

According to the Los Angeles Times, at least 56 deaths are linked to Toyota’s sudden untended acceleration problems, and not all of the Toyota vehicles involved in these deaths have been recalled. The National Highway Traffic Safety Administration has received complaints regarding 34 of these fatalities, while another 22 Toyota-related deaths were identified in police reports and auto products liability complaints over wrongful deaths.

Granted, the NHTSA’s information does not say whether the complaints are valid, and the allegations have not been proven in a court of law. However, our Washington DC auto products liability lawyers cannot help but be concerned that there are so many US car crash victims that have reportedly died or gotten hurt while in a Toyota vehicle.

Over the years, many people have opted to buy Toyota vehicles because the automaker has been known for making safe cars. Yet many of the victims that died in alleged runaway Toyota car crashes weren’t doing anything dangerous at the time. They weren’t driving drunk or talking on a cell phone. Instead, as the LA Times reports, they were just living their lives—going shopping, returning to the office from a lunch break, headed to the bank, etc.

One 62-year-old woman faces time in prison if she is convicted for reckless driving and gross vehicular manslaughter over a 2008 car crash that killed her sister-in-law. The driver, who along with another passenger was also seriously injured, had a clean driving record before the catastrophic auto accident. Her family believes that an electronic malfunction, rather than driver negligence, may have been the actual reason that the Lexus RX330 accelerated unintentionally and overturned.

Crash reports tell of horror, Los Angeles Times, February 28, 2010

After stoic showing in Congress, Toyoda breaks into tears, Reuters, February 24, 2010

Related Web Resources:
Toyota Motor Corporation

National Highway Traffic Safety Administration

Washington DC slip and fall, step and fall, and trip and fall accidents can cause serious personal injuries that are painful and debilitating. While a fall accident at ground level may sound harmless enough, it can lead to traumatic brain injury, spinal cord injury, and even death.

The Centers for Disease Control and Prevention says that more than 17,000 people in the US die because of trip and fall and slip and fall accidents. 15% of work injuries also occur during these types of falls.

Property owners, including business owners, landlords, homeowners, and the owners of public properties, are supposed to make sure that there are no hazards on a premise that can cause a trip accident, a slip accident, or a fall accident. When failure to clean up the danger and/or to warn about the hazard results in an accident, the injured party may have grounds for filing a Washington DC slip and fall accident lawsuit.

Some common causes of slip and fall accidents:

• Wet floors
• Uneven pavement
• Snow or ice that hasn’t been properly treated or cleared
• A leak or spill
• Broken floorboards
• Steep staircases without handrails
• Poor lighting
• Objects left on the ground
• Debris on the floor
• Spilt liquids or other soft/wet food items

Our Washington DC slip and fall lawyers represent clients injured in slip and fall accidents and other kinds of fall accidents. Slip and fall injuries can take a long time to recover from. Not only can they be costly to treat, but also the injured party may have to take an extended period of time off from work. He or she may be unable to drive, tend to daily tasks, or live independently during recovery. If the injury is a permanent one, then special nursing care and other medical services may be required for the duration of the victim’s life.

Related Web Resources:
Slip and Fall, Nolo

Premises Liability, Justia

GlaxoSmithKline PLC says it is taking “voluntary, precautionary” measures by removing zinc from all of its denture creams. The pharmaceutical company acknowledged that health issues have been linked to long-term excessive use of denture adhesive products that contained zinc in them. However, a Glaxo spokesperson noted that its denture creams are safe if used as instructed and that it is only excessive use over an extended period of time that causes neurological symptoms.

Currently, Glaxo is the manufacturer of the Super PoliGrip line, including Original, Extra Care, Ultra Fresh, and the zinc-free Super Poligrip Comfort Seal Strips, Free, and Powder. Approximately 8.5 million people use these poligrip products.

However, the concern that long-term use of denture creams with zinc is causing neurological damage, including crippling nerve injuries, is growing. Already, dozens of people have filed products liability lawsuits alleging denture cream injuries.

According to a Neurology study from 2008, high doses of zinc may lead to copper deficiencies that can cause nerve damage. Because some denture cream wearers need a lot of adhesive to keep their teeth in place, these persons are likely absorbing more zinc than what is considered safe.

Our Washington DC products liability lawyers know how upsetting it can be to discover that your injuries were caused by a pharmaceutical product that you believed was benefitting you rather than harming you. There may be legal options that can allow you to obtain Washington DC personal injury recovery.

Possible signs that denture crème poisoning is causing neurological damage:

• Constipation
• Anorexia
• Balance problems
• Neuropathy
• Abnormal heart rate
• Sores
• Perspiration difficulties
• Extremity-related weaknesses
• Paresthesias
• Bone marrow failure
• Dyesthesias
• Blood pressure problems

Glaxo to Remove Zinc From Denture Cream, The Wall Street Journal, February 18, 2010

Glaxo Plans to Remove Zinc From Poligrip Denture Adhesive, The New York Times, February 18, 2010

Related Web Resources:
GlaxoSmithKline

Zinc poisoning, MedlinePlus

According to police, school officials reported 220 incidents of teachers allegedly physically or verbally abusing students in an attempt to discipline them. Acts of corporal punishment allegedly included slapping, choking, shoving, and kicking. The Washington Post obtained information about these abuse allegations using the Freedom of Information Act.

There is no clear information as to whether teachers were disciplined or charged criminally for assaulting the students or if follow-up investigations ensued. However, according to Schools Chancellor Michelle A. Rhee, some of the teachers laid off last October had physically assaulted or had sexual relationships with students or missed 78 school days.

Under District law, teachers are allowed to use force against a student in order to defend others, as an act of self-defense, or to keep order. Principals are required to report any allegations of sexual misconduct or corporal punishment by teachers to a private security system, whose officers must then report the incidents to police.

Injuries to Minors
If you believe that your child was the victim of unnecessary use of force by a teacher or anyone else, you may be able to file a Washington DC injuries to minors claim on their behalf. Teachers are in a position of power when it comes to supervising their students. This does not mean that they can abuse that power by verbally abusing, molesting, or physically assaulting a student. Physical, mental, and emotional injuries may result that can damage the child.

School officials have a duty of care to ensure that students are not harmed while on the premise. Failure to remove any hazardous conditions or dangerous persons from the school grounds may be grounds for a Washington DC injury lawsuit if injuries result.

D.C. school officials reported 220 abuse allegations against teachers, The Washington Post, February 9, 2010

Related Web Resources:
Freedom of Information Act, USDOJ.gov

Washington DC Schools

DC Teachers Allegedly Abused Kids Hundreds of Times: Post, NBC Washington, February 9, 2010

Continue reading "220 Washington DC Abuse Allegations Against Teachers Reported during ’08 – ’09 Academic Year" »

Our Washington DC products liability attorneys are concerned about the dangers that poorly designed cribs post to young children. On Tuesday, the U.S. Consumer Product Safety Commission announced that it is recalling all “ChildESIGNS” and Generation 2 Worldwide drops side cribs following three infant deaths. The CPSC says these cribs are very dangerous and pose suffocation and strangulation risks to children. The CPSC wants caregivers and parents to stop using these cribs right away.

The three babies died after the drop side on their cribs detached and they got stuck between the mattress and the drop side. The first crib entrapment death happened in September 2002 when the six-month old infant suffocated. The drop side became detached because it was missing two screws.

The entrapment death, involving an 8-month-old victim, happened in October 2003 after the drop side’s plastic hardware broke. In July 2007, an 8-month-old child suffocated during an entrapment accident.

There have been 20 other reported drop side incidents involving the recalled cribs. Two children survived their entrapment accidents, although one child sustained bruises. Five kids fell from their cribs when the drop sides detached. One child broke an arm.

Eight other incidents involved the mattress support detaching. In three of these crib accidents, three kids became entrapped between the mattress and the crib frame while four kids were able to crawl out of the crib. One child suffered bruises and cuts.

Generation 2 is no longer in operation.

Drop-Side Crib Dangers
As more drop-side cribs are recalled because of the possible entrapment, strangulation, and fall hazards they pose to infants and toddlers, it is no longer possible to ignore the dangers that this type of crib can pose because of the way they are designed. Millions of drop-side cribs have been recalled over the past couple of years. Some crib manufacturers are even proposing a ban on drop-side cribs.

Generation 2 Worldwide and “ChildESIGNS” Drop Side Crib Brands Recalled; Three Infant Deaths Reported, CPSC, February 9, 2010

Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 18, 2010

Related Web Resources:
What are the safety issues with drop-side cribs, About.com

Crib Bands from Consumer Reports

Continue reading "CPSC Recalls “ChildESIGNS” and Generation 2 Worldwide Drop-Side Cribs Following Three Child Deaths" »

USA Today reports that one in five of the 15,700 nursing homes in the US received low ratings for two years in a row under Medicare’s five-star quality rating system. The assisted living facilities that received the lowest ratings averaged 14 deficiencies each.

Medicare primarily determines its ratings based on data from the last two years, including inspection findings and complaint investigations. USA Today reports that there are Washington DC nursing homes among the assisted living facilities that scored poorly over consecutive years.

Our Washington DC nursing home lawyers are aware of the abuse and neglect issues that can arise for patients staying at an assisted living facility in the District of Columbia area. It is important that you remove your loved one from the nursing home where the abuse or neglect is taking place and that you explore your legal options.

Some of the signs that a patient may be experiencing Washington DC nursing home abuse or neglect:

• Bruises, cuts, burns, or fractures that can’t be explained
• Genital infections
• Mood swings
• Depression or withdrawal
• Behavioral changes
• Bedsores
• Broken bones
• Rope marks on wrist
• Unexplained anal or vaginal bleeding
• Sudden weight loss or weight gain
• Unsanitary living environment
• A patient who isn’t bathed and/or is left in soiled clothing
• Dirty linens
• Hazardous living conditions

Remember that nursing home abuse comes in many forms. A patient may be the victim of physical violence, sexual violence, psychological violence, or emotional abuse. It is also considered elder abuse to exploit a nursing home patient’s financial resources.

Analysis: Poor ratings persist for 1 in 5 U.S. nursing homes, USA Today, January 28, 2010

Related Web Resources:
Elder Abuse and Neglect, Helpguide.org

Nursing Home Compare, Medicare.gov

Nursing Home Directory, DOH Health Care Facilities Division

Continue reading "Are Washington DC Nursing Homes Doing Enough to Prevent Patient Abuse and Neglect? : One in Five US Nursing Homes Receive Low Star Ratings for Quality " »

In less than two weeks, Toyota has recalled 3.4 million vehicles in the US over accelerator-related auto defects. The first recall, involving 2.3 million vehicles, was announced because of a sticky gas pedal problem. Toyota has recalled 1.9 million vehicles over the same problem in Europe and China.

That recall was followed by the announcement this week that an earlier recall, involving floor mats that a gas pedal can get stuck on while the car is running, had been expanded. 1.1 million autos are joining the list of 4.3 million vehicles that were recalled last November—adding up to a grand total of 5.4 million Toyota vehicles that may possess this possible vehicle defect.

On Saturday, Toyota told the National Highway Traffic Safety Administration that it had come up with a fix to the sticking gas pedal problem. Details would be announced on Monday. The auto manufacturer’s reputation has been seriously tarnished in the wake of so many safety issues and auto defects.

The floor mat-gas pedal defect was responsible for the August deaths of four family members who were riding a Lexus that not only accelerated to speeds of over 100 mph but also could not be stopped. It turns out the floor mat had jammed the gas pedal. In December, another four people died during a single-vehicle Toyota car crash involved what appears to by a runaway Toyota. This time, the floor mat had been removed from the driver’s side. ABC News reports that there have been over 60 Toyota runaway car accidents in the last few months.

Accelerator-related defects can cause serious Washington DC personal injuries and may be grounds for an auto products liability lawsuit. While recalls are positive in the sense that an auto defect can be fixed, in many instances, the car manufacturer may have waited until after serious injuries or fatalities had occurred before announcing the recall.

Toyota gas pedal fix blessed by government; parts could be at dealers next week, Los Angeles TImes, Los Angeles Times, January 30, 2010

Toyota recall list: What to do if your gas pedal sticks, Christian Science Monitor, January 27, 2010

Toyota recall: 2.3 million cars, CNN, January 22, 2010

Related Web Resources:
Toyota Motor Corp.

Continue reading "Preventing Washington DC Auto Products Liability: Latest Toyota Recalls Over Floor Mat and Gas Pedal Defects Have Consumers Worried" »

The US government has officially banned truck drivers and bus drivers from texting while driving their commercial vehicles. The order is part of federal lawmakers’ efforts to get rid of “the threat of distracted driving,” says Ray LaHood, the US Transportation Secretary.

Already, 19 US state and Washington DC have a ban that makes it illegal for all motorists to text while driving. Research shows that texting while behind the wheel of any vehicle is incredibly dangerous behavior. The Virginia Tech Transportation Institute says that text messaging increases the chances that a truck driver will be involved in a truck accident or a near-truck collision by 23 times. The Federal Motor Carrier Safety Administration has said that a driver who is texting must take his/her eyes of the road for about 4.6 out of every six seconds. The consequences for those involved in a Washington DC truck crash or a bus collision can be catastrophic.

Transportation Secretary LaHood says commercial drivers caught texting while driving may be subject to a maximum $2,750 fine. However, whether this ban can be fully enforced is unclear. Police officers will likely have a hard time looking inside a bus or the cab of an 18-wheeler truck or a tractor-trailer to see if a driver is holding a phone or a PDA and texting while driving.

According to recent statistics provided by the National Safety Council, 28% of traffic crashes happen when motorists are texting or talking on their cell phones while driving. The NSC says cell phone use was a factor in 1.4 million car crashes, while texting is linked to 200,000 motor vehicle crashes.

Washington DC Truck Accidents
Proving liability in a truck crash is very difficult. That said, it is important that a negligent driver or truck company compensate you for your personal injuries or the wrongful death of someone you love. This is where an experienced Washington DC truck accident law firm can help you.

U.S. bans truckers, bus drivers from texting while driving, Washington Post, January 26, 2010

U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers, US Department of Transportation, January 26, 2010

New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, Virginia Tech, July 29, 2009

Related Web Resources:
National Safety Council

Continue reading "US Government Bans Truckers and Bus Drivers from Texting While Driving" »

This week, the Consumer Product Safety Commission announced a number of product recalls. Among them were two significantly large recalls involving the risk of serious injuries to infants and toddlers.

On Wednesday, along with Graco Children’s Products Inc., the CPSC recalled approximately 1.5 million Graco Strollers following two fngertip laceration accidents and five incidents involving fingertip amputations to children. The kids’ fingers were injured in the stroller canopy’s hinge mechanism.

Kid’s fingertips are highly sensitive and can damage easily during amputation, tearing, or crushing. Young children are especially at risk of sustaining fingertip injuries because they are always touching and/or placing their hands in objects. Ensuring that a fingertip injury receives immediate medical attention decreases the chances of permanent disability or deformity.

You can view the model numbers for the Graco Alano™, Passage™, and Spree™ strollers and travel systems that are part of the recall on the CPSC Web site. If you have one of the strollers, you should call Graco to ask for your free repair kit and stop using the product until you can fix the defect. If your infant or toddler sustained a fingertip injury, a Washington DC injuries to children law firm can help you determine whether you have grounds for filing a DC products liability claim.

The day before this latest Graco recall, the CPSC and Dorel Asia SLR announced the voluntary recall of 635,000 Dorel Asia cribs. These cribs are drop-side cribs, and there is concern that the drop-side might detach, causing strangulation, suffocation, or entrapment if the child falls into any gap created between the mattress and the drop-side. One 6-month-old baby died during an entrapment accident. Six kids who became entrapped when the drop-sides of their cribs detached survived. There are more than 30 reports involving drop-sides detaching. Seven children sustained scratches and bruises because of slat breakage.

Serious injuries to children can prove fatal. Crib manufacturers can be sued for Washington DC products liability if a product defect was the cause of your child’s injuries or death.

Graco Recalls Strollers Due to Fingertip Amputation and Laceration Hazards, CPSC, January 20, 2010

Dorel Asia Recalls To Replace Cribs; Pose Strangulation and Suffocation Hazards, CPSC, January 19, 2010

Fingertip Injuries/Amputationsg

Related Web Resources:
Graco

Dorel

The US Department of Transportation and the National Safety Council have created FocusDriven. This is the first national advocacy group focused on supporting distracted driving victims and raising awareness about the dangers this very bad driving habit presents to motorists and pedestrians. The group was developed as a result last year’s Distracted Driving Summit in Washington DC. On its Web site, FocusDriven states that its vision is to save lives and prevent injuries by eliminating the use of cell phones while driving.

For awhile, motorists and lawmakers thought that using a cell phone wasn’t too dangerous as long a driver kept both hands on the wheel and used an earpiece or Bluetooth device. While there are accident statistics that indicate a higher crash risk when a driver uses a handheld cellular phone, rather than a hands-free device, the mounting data which proves that talking on any type of cellular device while operating a motor vehicle is just plain dangerous can no longer be ignored. Like Mothers Against Drunk Driving (MADD), FocusDriven wants everyone to fully comprehend that there is no doubt whatsoever that talking on a phone while driving can injure and kill people.

Transportation Secretary Ray LaHood and the NSC chose to announce creation of the advocacy group on Tuesday, exactly one year after the NSC called for a nationwide ban on the use of cell phones while operating a motor vehicle. The US government also recently launched a federal Web site called Distraction.gov, which focuses on raising awareness about the dangers of distracted driving. LaHood says the Obama Administration is committed to “putting an end” to distracted driving.

Washington DC Car Accidents
In a busy city like Washington DC, it is not uncommon for motorists and pedestrians to multi-task while trying to manage busy careers, social calendars, and personal lives. Many people are wedded to their cell phones and PDAs, so it is not uncommon to make calls and send messages while commuting to and from work. Unfortunately, multi-tasking while operating a motor vehicle is a bad idea and can be considered negligent driving if someone is killed or hurt in a Washington DC motor vehicle collision as a result.

U.S. Transportation Secretary Ray LaHood and the National Safety Council Announce FocusDriven, January 12, 2010, (PDF)

Related Web Resources:
FocusDriven

Distraction.gov

National Safety Council

Continue reading "US Department on Transportation and National Safety Council Step Up Fight Against Distracted Driving with FocusDriven Advocacy Group" »

Amanda Mahnke, Representative Rick Larsen's communications director who was seriously injured when an empty bus struck her on September 3, is suing Metro for Washington DC personal injury. She is seeking $30 million in damages.

According to Mahnke’s DC bus accident lawsuit, she sustained permanent injuries, including a traumatic brain injury, a broken clavicle, a fractured skull, fractured ribs, a collapsed long, an epidural hematoma, a pelvis fracture, and other personal injuries when she was struck by the Metro bus while she crossing an intersection on Florida Avenue, NW. She is accusing Metro of negligence for allowing bus driver Carla A. Proctor to keep driving its buses even though she had been sued in the past for causing other collisions.

Proctor was involved in a multi-vehicle crash involving another bus and seven autos in March 2003 when she got out of the bus to examine a faulty door. According to lawsuits against Metro and Proctor, because she allegedly failed to set the brake the bus rolled down a hill. After Proctor struck a parked vehicle in December 2004, an elderly bus passenger filed a Washington DC bus crash lawsuit against Metro.

In another case, two people who were at a Wendy’s sued Proctor for DC personal injury after she drove a car through the restaurant’s window in July 2003. She was not on duty with Metro when this Washington DC car accident happened.

Metro finally fired Proctor after she struck Mahnke. No criminal charges have been filed against her over the bus crash involving Mahnke, but witnesses say the bus driver ran a red light and she may have been speeding. Metro says Proctor neglected to do everything she could to avoid hitting the 30-year-old pedestrian.

Capitol Hill staffer hit by bus sues Metro, Washington Examiner, January 8, 2010

Woman struck by Metrobus suing agency for $30 million, Washington Post, January 7, 2010

Related Web Resources:
Metro, Washington Metropolitan Area Transit Authority

Large Truck and Bus Crash Facts 2008: Early Release, Federal Motor Carrier Safety Administration