Washington DC Injury Lawyer Blog

The Marshall University Board of Governors was recently granted dismissal of a lawsuit in which it was named defendant. The claim was dismissed because the plaintiff in the case failed to meet the pre-suit notice requirement under the West Virginia code, which requires notice of the claim and relief sought, sent to the defendant by certified mail at least 30 days prior to the filing of the suit. Pre-suit notice is typically not required under West Virginia law, except when the defendant is a healthcare provider or a governmental agency, as in this case.

The case arose out of an interesting fact pattern, whereby one student was attempting to shoot bottle rockets out of his rectum during a fraternity party.

According to the plaintiff, during a house party in May of 2011, one young man became intoxicated, and decided to attempt to “shoot bottle rockets out of his anus on the [fraternity house] deck.” In doing so, he startled the plaintiff, who then jumped backwards, causing him to fall off of the deck of the fraternity house, and becoming injured in the process. He was reportedly lodged between the deck and an air conditioning unit for some period of time. The plaintiff further alleges that there was no railing on the deck at the time of the incident, and that this condition had existed for several months, if not years, prior to the fall.

The suit claims that the fraternity was negligent in failing to provide a safe deck, and that the young man attempting the fireworks was at fault for his actions, which involved consuming alcohol that is known to potentially lead to dangerous activities.

Continue reading "Lawsuit Dismissed against Marshall University from Peculiar Personal Injury Incident" »

Walmart is one of the most well known companies in America today. In fact, it has consistently been ranked at the top of the Fortune 500 rankings, and last month was awarded the #1 spot, with $444 billion in revenue in 2012.

Thousands of civil lawsuits are filed every year against Walmart for various reasons. For example, earlier this year in Virginia, one Walmart customer reportedly won a verdict against Walmart for $11,250,000.00 following a slip and fall accident that left him severely disabled, and permanently in pain. The man's injuries included numerous fractured bones in his back, his elbow, and his hand, and a rotator cuff injury. The reason for the unmarked wet floor was allegedly because an employee had left the area after mopping it in order to retrieve a warning cone.

The purpose of the seemingly large dollar amounts in cases like this one are several fold. First of all, the award sets out to cover all of the previously incurred medical expenses, and cover all those medical and related therapies and costs that may be incurred in the future. Further, it attempts to compensate the individual for the pain and suffering that they have suffered. It is also common for awards to compensate the individual for any previously lost wages, and if the person is unable to work, what they might have been able to earn. Lastly, punitive damages, which seek to punish the defendant for the wrongful conduct, are also sometimes a part of personal injury damage awards.

Continue reading "Slip and Fall Accident Against Walmart Receives $11 million Verdict" »

Authorities released their determination regarding the case of a 29 year old New York teacher who was admitted to the hospital after reportedly complaining of chest pain and other discomfort and died just hours later, apparently having suffered massive internal bleeding into her abdominal cavity.

The investigation revealed that some four days before she died, the woman had visited a Germantown, Md., abortion clinic to begin the several day long procedure to terminate her 33 week pregnancy, which she reportedly sought after discovering her unborn child had developed fetal abnormalities.

According to other sources, following an investigation into the matter, Maryland authorities have decided to not bring any criminal charges against the doctor who performed the procedure, and further found “no deficiencies” in the woman's care at the abortion facility.

Continue reading "No Criminal Charges for Death in Maryland Late Term Abortion Case" »

Following the catastrophic explosion at a fertilizer distribution and storage plant in Texas last month, in which the building caught fire and then exploded as firefighters were attempting to douse the flames, several individuals have begun to file personal injury lawsuits. The total extent of damage done remains unknown, though it is estimated that at least 150 buildings were damaged or destroyed, at least 15 people were killed, and many more were injured or reported missing.

Of the two lawsuits recently filed, one was brought by insurance companies on behalf of various individuals and businesses accusing the plant's parent company of negligent operation of the location, which allegedly led to the accident.

The second suit was filed by a woman who lived in a neighboring apartment, which was destroyed by the blast. She is seeking up to $1 million due to loss of her possessions, and the physical and emotional injuries she suffered as a result of the explosion.

Further lawsuits are expected against the above named and other defendants. For example, the manufacturers of the fertilizers that were being stored at the facility are other potential defendants.

The last inspection performed by the Occupational Safety and Health Administration (OSHA) reportedly occurred 28 years ago, and uncovered at least five "serious" violations. One of these violations dealt with the way in which anhydrous ammonia was allegedly improperly handled and stored. According to a report released by the plant in late 2012, it was then storing 110,000 pounds of the chemical,in addition to 540,000 pounds of ammonium nitrate.

Continue reading "Lawsuits Being Filed Following Texas Fertilizer Plant Explosion" »

An announcement was made recently, regarding the filing of several different lawsuits against Skechers on behalf of individuals from four different states, who have suffered meniscus injuries allegedly caused by the defective design of Shape-Ups toning shoes. The plaintiff consumers reside in Maryland, Mississippi, West Virginia and Wisconsin.

According to the lawsuit, the plaintiffs were injured when the rocking bottom of the shoe suddenly caused them to fall, resulting in a torn meniscus. A torn meniscus is a painful knee injury, which involves damage to the cartilage in between the thigh bone and the shin bone (the meniscus). While physical therapy can sometimes help, surgery is often needed in order to adequately fix the injury.

This is not the first time Skechers has faced scrutiny for its Shape-Ups. The shoes were marketed toward consumers for having various health benefits, including allegedly increasing muscle tone simply by wearing them. According to documents filed by the plaintiffs, an independent study on the shoes found no evidence of increased intensity of exercise, increased burning of calories, or increased muscle strength or tone from wearing them.

Therefore, in 2012 Skechers was ordered by the Federal Trade Commission to pay $40 million for its misleading advertising campaigns. This order included a court determination that Skechers failed to warn consumers about potential risks associated with these shoes, and that the company had not performed adequate safety testing.

Continue reading "Skechers Faces Lawsuits Alleging "Shape-Ups" Caused Severe Knee Injuries" »

Earlier this week, the American Academy of Pediatrics made a press release about the results of a study regarding the effectiveness of laws that require bicyclists to wear helmets. The data revealed that fewer deaths occurred among youths who were involved in bicycle-motor vehicle crash within those states that had mandatory helmet laws in place.

Researchers set out to determine the efficacy of mandatory bicycle helmet laws in reducing injuries and death rates nationwide by analyzing data from the Fatality Analysis Reporting System for all U.S. bicyclists. They looked at data for all accidents involving children under the age of sixteen who were either severely injured or died during the period of January 1999 until December 2009. They compared data for states with mandatory laws versus those without.

During the relevant period, a total of 2,451 children suffered incapacitating injuries or died in bicycle-motor vehicle crashes. States with mandatory helmet laws had a lower rate of incapacitating injuries or death at approximately 2 per 1 million, versus 2.5 per 1 million. The associated lower rates held true even after adjusting for certain relevant factors.

Maryland is one of the 21 states that requires bicyclists to wear helmets, which could have a direct impact on residents who bicycle in the DC area.

Continue reading "Mandatory Bicycle Helmet Laws Lead to Lower Death Rates for Children" »

Oral arguments were heard in a federal district court in Pennsylvania earlier this month over the motion to dismiss filed by the National Football League regarding concussion injury litigation.

Plaintiffs contend that for many decades, the National Football League has withheld information on purpose and misstated the potential harm and safety risks that result from concussions and miscellaneous other injuries sustained by football players in the course of play. The legal filings include fraud and negligence claims.

The plaintiffs' attorney summarized the NFL's responsibilities to the players by stating at oral argument that the NFL was holding itself out to be the "guarantor of safety".

Counsel for the defense claimed that the players' collective bargaining agreement ("CBA") preempts the athletes' legal claims, and that the parties should engage in arbitration in lieu of the tort litigation process. He further noted the defendant's position that the NFL, the players, and the teams each have involvement and share responsibility in regards to players' well being and safety.

There are now over 4,000 individual plaintiffs participating in this and related litigation, and this figure is continuing to increase. These plaintiffs make up over 200 separate lawsuits that the court has consolidated and transferred to the Eastern District of Pennsylvania.

The National Football League Players’ Concussion Injury Litigation, has resulted in increased scrutiny from legal and sports circles. The plaintiffs in these cases include several former NFL players and/or their family members, who have suffered a variety of degenerative brain diseases or other related conditions due to incurring repeated concussions during the course of their NFL careers.

Following this hearing, the judge will decide if the case should survive the defendant's assertions that the CBA preempts the injury claims, or whether it should be dismissed.

Continue reading "Federal Court Hears Oral Argument on NFL Concussion Litigation Motion to Dismiss" »

According to a recent report by product safety advocacy organization Kids In Danger (KID), the frequency with which children's products were recalled in 2012 does not correlate with the increased number of injuries and deaths cause by products in the same year.

While only 97 children’s products were recalled in 2012, which is coincidentally the lowest number since 2004, when compared with 2011, the occurrence of incidents related to defective children's products was as follows:

• Overall incidents were up 49%


• Injuries were up 42%


• Deaths increased 200%


• The number of children's products recalled dropped by 20%

In fact, according to the KID report, most parents reported hearing of product recalls around once or twice a month, even though in 2012 a children’s product was recalled every three and a half days on average.

In addition to the new data above, the study put forth two main conclusions regarding the safety of children's products. First, many of the well established standards, such as those relating to flammability, drawstrings, or small parts to name a few, continue to be commonly violated. For example, children's clothing must have the drawstrings anchored in place to avoid posing a strangulation risk, and several recalled products during 2012 were recalled for failing to meet that rule. According to the study, 22 products were recalled for failing to meet these and other standards.

Secondly, many products that are intended to be used by infants and small children are not subject to any formal safety standards. These include things like travel beds and crib tents. These kinds of products were associated with several deaths in 2012.

It is important for the consumer to note that products are not usually recalled following a single incident. Unfortunately, it may take many injuries and in some cases deaths before the manufacturer will decide to voluntarily recall the product, or until the Consumer Product Safety Commission requires it to do so. Therefore, it is important to seek out reviews of children's products, and be sure to check governmental and company websites for updated information regarding potential recalls.

Continue reading "Despite Fewer Recalls, Defective Children's Products Cause Increased Number of Injuries and Deaths in 2012" »

This week a group of parents spent time in Washington, D.C., urging lawmakers to act on a law, initially introduced some five years ago, which is aimed at preventing tragic accidents by requiring rear view cameras on cars.

It has been estimated that over 1,500 kids have been killed as a result of limited visibility in blind spots. Many parents who've tragically lost their children in these types of accidents believe that rear view cameras may have prevented these tragedies. At least one graphic claims that up to 62 children can be hidden within a Chevy Suburban's blind spot.

One mother recounted the tragic death of her one and a half year old son two years ago, whom she accidentally hit when she didn't see him as she backed her car out. The car the mother was driving did have motion sensors, but did not detect her son. A week after the accident, the woman and the rest of her family got cars which were equipped with rear view cameras. She has been advocating for them to be installed in cars ever since.

The legislation that would require rear view cameras has allegedly been tabled four times, with lawmakers citing concerns over technology and additional costs. The 'Kids and Cars' advocacy group claims that adding a rearview camera to a car only adds an additional $175 to a car's sale price, and that for parents it is a small price to pay.

Continue reading "Parents Call for Passage of Federal Rear View Camera Law" »

The U.S. Supreme Court is set to make a ruling on a very important pharmaceutical case this term. At issue is whether a generic drug manufacturer can face a lawsuit for their inability to warn consumers of potentially dangerous side effects.

The case at issue involves the drug manufacturer Mutual Pharmaceutical Co., which has appealed a jury award of $21 million in a case where the plaintiff took a generic NSAID drug made by the company for shoulder pain as prescribed by her doctor, and instead suffered incredibly serious complications. The verdict was affirmed at both the trial and appeal levels.

In this case, three weeks after the woman took the drug at issue, she developed a rare and severe reaction, which caused her skin to peel off, leaving her with burn-like lesions over two-thirds of her body. She spent some of the nearly two months during which she was in a hospital burn unit in a medically induced coma, and has had to undergo 13 eye surgeries.

The reaction, which is considered to have been a severe form of Stevens-Johnson Syndrome, caused the woman to suffer permanent near-blindness, scarred lungs and a constricted esophagus, making it difficult to swallow. She originally sued the manufacturer under state law in 2008 for alleged design defects. Following a 14 day trial, the jury awarded her $21 million for her injuries and suffering.

The appeal centers on the applicability of two prior court rulings, particularly PLIVA v. Mensing, which held that generic drugmakers cannot be sued for failing to warn about certain health risks due to the fact that federal law requires generic drugs to carry the same warning label as their brand name equivalents. Therefore, it remains unclear whether the court will choose to distinguish this case in that it does not solely claim a failure to warn, but also argues a design defect, which again may potentially be excludable under prior case law.

Continue reading "U.S. Supreme Court to Rule on Liability of Generic Drug Manufacturers" »

Earlier this month, Ford announced the recall of several of its Freestar and Mercury Monterey Vehicles. Owners of either of these types of vehicles should check any records they have relevant to their vehicles, and contact the dealer if necessary in order to determine if your vehicle is affected by this recall.

Vehicles subject to this recall meet all of the following criteria:

• have a manufacture date falling within the period of March 24, 2003 through November 7, 2006
• are equipped with a third row seat
• originally sold in, or are now registered in the following states: CO, DE, IL, IN, IA, ME, MD, MA, MI, MN, MO, NH, NJ, NY, OH, PA, RI, VT, WV, WI, and Washington D.C.

The recall has been initiated due to a potential defect in the stowable seat in the third row. The anchor mechanism that is mounted to the rear wheel wells can suffer from corrosion, leading to structural degradation. Thus, as a result of the corrosion, the third row seat may not latch properly into its seating position. This is potentially dangerous, because a rear end collision could cause great personal injury to a person sitting in an unlatched seat.

Ford has said that it will notify owners and that dealers will install replacement third row seat latch striker mounting brackets, which will hopefully rectify the problem.

Continue reading "Ford Announces Nationwide Recall of Certain Freestar and Mercury Monterey Models" »

A Sacramento federal magistrate judge handed down his decision last week regarding a summer vacation turned tragedy. A 9-year-old boy was visiting the Lassen Volcanic National Park with his family in July of 2009, when the boy and his sister sat on a retaining wall in order to take some pictures. The wall quickly gave way, throwing both of the children down the mountainside, killing the boy and injuring his sister. The family filed a wrongful death and personal injury lawsuit against the park for its negligence in failing to maintain the wall.
In his ruling, the judge held that negligence on behalf of National Park Service officials caused the boy's death when the wall gave way. He also reprimanded the park's superintendent for making several fraudulent statements regarding evidence and interview attempts, and the alleged destruction of critical evidence relevant to the case.

The findings relate to destruction of documents during the discovery (evidence collection) portion of the case, including the shredding of an internal memorandum regarding the potential instability of the wall and other relevant documents. There were also damning statements from a governmental architect, and further evidence that the park superintendent lied about attempts to be interviewed by the park agency's inspector. The wall was also torn down within weeks following the incident, further disallowing the inspector the opportunity to inspect the wall.

Continue reading "Judge Finds National Park Service Negligent in Boy's Fall Death" »