Washington DC Injury Lawyer Blog

Defective Bed Rails Lay Potential Groundwork for Class Action Lawsuit

October 14, 2013 | Lebowitz & Mzhen

A tool believed to help make seniors safer by keeping them from falling out of their beds, may actually be more dangerous than perceived. According to several accounts, thousands of frail, confused or elderly people have been injured and hundreds killed after becoming trapped in safety rails installed to keep them from falling out of bed.

The danger happens when the elderly individual falls asleep, and then rolls over in their sleep, becoming entrapped by the bedrail, either stuck in the device itself, or pinned between it and the mattress. Unable to break free, the individuals die from suffocation.

According to reports, there are currently no mandatory federal safety standards for bedrails designed for and marketed towards the eldery. This is in stark contrast to children’s cribs and bedrails, which by law must meet certain design criteria and pass safety tests.

Man’s Family Finally Receives Long Awaited Settlement in Personal Injury Negligence Lawsuit

October 7, 2013 | Lebowitz & Mzhen

A Pennsylvania jury recently awarded a man $1.3 million for the severe injuries he sustained as a result of a fall as he was attempting to repair a 40 foot tall cell phone tower.

The lawsuit was initially filed in February of 2002, following an incident that occurred in September of 2000, when the man’s safety equipment, allegedly a defective hook on a rebar assembly, proved defective, and resulted in a bone-crushing fall that rendered him unable to work, probably for the rest of his life. He was overseeing the construction of a 350 foot communications tower.

The failed equipment caused him to fall almost straight to the ground, where he landed on his feet. As a result, he had to undergo at least nine surgeries, including three or four fusions on his right ankle and two on his left, including a more recent one on his elbow for a pinched nerve. As a result, both of his feet are fused to his ankles, his heels have screws in them, and he cannot flex or turn them. His shoes have springs in them because his feet don’t have the natural roll when he walks. He also has screws in his left elbow. He also underwent over a year of physical therapy just to walk again. He also continues to deal with pain relating to all of his injuries.

D.C. Judge Dismisses Delayed Ambulance Wrongful Death Case

September 27, 2013 | Lebowitz & Mzhen

This week, a Washington D.C. Superior Court judge dismissed a multimillion dollar wrongful-death lawsuit against the D.C. fire department. The lawsuit was filed by the family of a man who died of a heart attack while he was waiting for an ambulance that took some 30 minutes to arrive.

In the ruling, the judge affirmed the city’s motion to dismiss the case citing local sovereign immunity laws that shield District employees involved in “public duty” capacities from financial liability.

The lawsuit claimed the city was negligent by failing to provide a prompt response to the 911 emergency call for the 71 year old man who collapsed in his home.

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.