Washington DC Injury Lawyer Blog

Veteran’s Hospital Delayed Cancer Screenings Linked to Death, Lawsuits Being Filed

September 19, 2013 | Lebowitz & Mzhen

The US Department of Veterans Affairs said in a recent report released last week, that so far six deaths have been attributed to delayed screenings for colorectal cancer at the Veterans Administration Medical Center in Columbia.

According to the report, which was released by the VA’s Inspector General, delayed colonoscopies and other screenings have so far been linked to malignancies later identified in 52 patients. The report did not specify the extent of seriousness in those cases. The VA said that extra staff has been hired to meet increased demand, and that clinical staff will contract out work to local health care providers as necessary.

The Inspector General for the VA determined that, in addition to other potential causes, the Center fell behind on its screenings due to a critical shortage in nursing staff. A reported nine patients or their families have reportedly filed lawsuits so far.

Cloudy Pool Wrongful Death Lawsuit

September 12, 2013 | Lebowitz & Mzhen

It’s the type of situation all the more common during the summer months, but equally as terrifying no matter when it happens. The parents of an 8 year old boy who drowned over the summer in a private residential pool have filed a wrongful death suit against the pool’s owners.

According to the complaint, the young boy and his siblings were invited to swim in the pool where they were attending a baptism celebration with their parents on June 19.

The complaint further states that, “The defendants’ pool was extremely hazy or cloudy due to a chemical” that the homeowners had added to the water, and “As a result, most of the pool, including the bottom area, was not visible to persons looking into the pool.”

NFL Announces Tentative $765 Million Settlement in Concussion Class Action

September 5, 2013 | Lebowitz & Mzhen

The NFL announced late last month that it has reached a tentative $765 million settlement regarding a class action lawsuit stemming from concussion-related brain injuries. The case survived a motion to dismiss earlier this spring.

In sum, more than 4,500 former athletes joined as plaintiffs in the suit, some suffering from dementia, depression or Alzheimer’s which they attribute to hits to the head, accusing the league of concealing the true dangers of concussions, rushing injured players back onto the field, and all the while profiting from the glorification of the types of intense hits that caused extensive brain damage and related complications.

The lead plaintiffs’ lawyer said in a statement that if the terms of the settlement are finalized, individual awards will be capped at $5 million for men with Alzheimer’s disease; $4 million for those diagnosed after death with a brain condition called chronic traumatic encephalopathy; and $3 million for players with dementia. Because the lawsuit was a class action, any and all of the 18,000 former NFL players would be eligible, as members of the “class.” Additionally, as a class action, a judge must first approve the settlement, in order to ensure that it is fair for all of the class members, particularly those who are not named, or main plaintiffs to the litigation. Part of the funds will be used to pay for future medical exams, and underwrite related research.

Maryland Public Schools to Conduct Baseline Assessments Aimed at Concussion Identification

August 28, 2013 | Lebowitz & Mzhen

Likely in reaction to the increased awareness surrounding the dangers of concussions and head injuries, for the first time, Maryland public schools will begin to conduct cognitive testing for all high school athletes in Montgomery County before the students can practice or play on any sports team.

The computer based tests, called ImPACT, measure memory of both written words and patterns, in addition to other data, to create a baseline assessment. Then, if a player suffers a concussion during the season, a follow-up test can be given for comparison three to seven days after the injury. The retests are given once the injured individual is recovering, in order to ensure that they are capable of returning to play.

Additionally, some local football coaches are training athletes in the USA Football’s “Heads Up” program, which teaches tackling techniques that protect against head and neck injuries. Furthermore, players will only engage in hitting during two practices a week, aside from game day, in order to decrease the potential number of sub-concussive hits.

Family Files Wrongful Death Suit Against College in Football Player Death Case

August 19, 2013 | Lebowitz & Mzhen

The parents of a Frostburg State University football player filed a lawsuit against the school, claiming that their son died after a second concussion he sustained as a result of what the parents allege were “gladiatorial” high-speed drills, which caused players to suffer repeated blows to the head.

The wrongful death lawsuit alleges that the 22 year old player returned to the field, despite the fact that his forehead was bleeding, for four consecutive practice sessions during August of 2011. Even though he was visibly bleeding, the suit alleges, he was never checked to determine whether his helmet was fitted properly, nor checked for a concussion.

The lawsuit further states that one of the young man’s teammates described the manner in which the practices were run during that period as “out of control.” Additionally, the coaching staff reportedly treated all injuries, whether ankle sprains or potential brain injuries, the same and expected the students to play through them.

West Virginia High Court Dismisses Additional Defendants in Personal Injury Lawsuit

August 12, 2013 | Lebowitz & Mzhen

The West Virginia Supreme Court recently issued a unanimous ruling prohibiting a plaintiff in a personal injury lawsuit from adding additional defendants to a lawsuit after the statute of limitations had expired. The opinion affirmed the dismissal of the suit by the relevant circuit court from June.

The lawsuit, filed against Town of Wayne, was brought on behalf of Deborah Wallace who alleged that she was injured in May 2007 after she stepped on a water meter cover in the parking lot of the Wayne Post Office and the cover flipped over. Wallace and husband Dale filed a complaint in 2009 against the Town of Wayne for negligence, failure to warn and loss of consortium.

Following the complaint, Wayne filed a complaint against the construction company, alleging that it negligently repaved the parking lot. The construction company then filed a complaint against a paving company, claiming it was at least partially responsible for any potential liability to the city, since the paving company had contracted with the construction company.

Volunteer Firefighter Not Entitled to Immunity from Lawsuit

August 5, 2013 | Lebowitz & Mzhen

The Wisconsin Supreme Court issued a ruling last month in the case of a volunteer firefighter who was involved in a car accident in the course of responding to an emergency call.

The man was reportedly driving on his way to answer an emergency call from a local fire department, when he neglected to stop at a red light, which resulted in his vehicle colliding into another vehicle carrying two individuals. Those two individuals then filed suit, claiming that the driver was negligent in causing their injuries.

The trial court granted summary judgment on the grounds that the driver was protected from suit by public officer immunity, and that none of the potential exceptions applied in the case. The state’s Court of Appeals affirmed the circuit court’s ruling.

Responding to the arguments of the plaintiffs, the Wisconsin Supreme Court found that the driver was in fact acting within the scope of his employment when the collision occurred. They discounted the argument that responding to the call was no different than any other individual commuting to work. In the case of firefighters, once the individual is responding to the call, and thus driving their vehicle, they are subject to the orders and commands of their superiors.

Class Action Claims DC Police Officers Target Young Black Motorcyclists

July 30, 2013 | Lebowitz & Mzhen

A recently filed class action lawsuit accuses District of Columbia police officers of intentionally running their squad cars into black motorcyclists, in order to then confiscate the bikes and sell them.

The main plaintiff in the case claims that the Metropolitan Police Department officers intentionally target mostly young, male, African American motorcyclists in poorer areas of the city, without regard for their lives, safety, or constitutional rights.

The suit further claims that the District of Columbia and MPD supervisors not only condone but also tacitly encourage this practice, in order to make money off of the bikes.

The class seeks to represent all young black motorcyclists riding small motorbikes or all terrain vehicles of 250 cubic centimeters or less. They estimate the class size to be in the hundreds, based upon the declarations submitted by victims.

The complaint alleges that riders abandon their bikes after being hit by MPD cruisers, in an attempt to flee. The bikes are then confiscated, and allegedly sold to create a revenue stream. The class claims the officers have caused bodily injuries, pain and suffering, disability, emotional distress and damage to their bikes, among other things. They seek class certification and $100 million in compensatory and punitive damages for alleged constitutional violations, negligence, assault, battery and intentional infliction of emotional distress.

Class Action Status Sought in NCAA Concussion Lawsuit

July 22, 2013 | Lebowitz & Mzhen

The long lasting damage and seriousness of concussions have become major concerns in sports in recent years. The NFL is currently involved in a multi-million dollar lawsuit involving more than 4,000 former players related to head injuries and related complications.

The NCAA is now facing a similar lawsuit, and the plaintiffs involved in the case are seeking class action status. The attorneys handling the case are seeking to expand the suit to potentially include thousands of plaintiffs nationwide. The suit was initially filed in 2011 on behalf of a former Eastern Illinois Football player and several other former athletes.Attached to the class-action request itself is a report by a leading authority on concussions, citing an internal NCAA survey from 2010, which found that nearly half of the college trainers who responded to the survey indicated they put athletes showing signs of a concussion back into the same game. The expert stated that it is well established that athletes must never be returned to play on the same day after having suffered a concussion diagnosis.

FDA Sends Letter to Makers of da Vinci Surgical Robot Regarding Safety Concerns

July 11, 2013 | Lebowitz & Mzhen

According to reports, The Food and Drug Administration (FDA) has sent a warning letter to Intuitive Surgical, Inc., the makers of the da Vinci surgical robot, notifying the company that it violated federal procedures by circumventing the requirement of notifying the FDA prior to notifying its customers regarding problems with its product.

The FDA’s “483” letter, which has not yet been published on the agency’s website, reportedly states that during an almost two year period, the company received some 134 complaints and 83 medical device reports related to “tip cover issues” with the product.

Following these complaints, the company then allegedly sent its consumers a letter with suggestions and recommendations regarding the usage of its equipment. The letter was reportedly in response to complaints regarding arcing that was occurring in the case of damaged tip covers, which resulted in patient injury. Arcing occurs when electrical currents transfer inside of someone during the course of a surgery, somewhat like an electrical shock. The company failed to notify FDA prior to sending out the communication to its customers.