Washington DC Injury Lawyer Blog

$20M Washington DC Medical Malpractice Lawsuit Over HIV Misdiagnosis Can Proceed, Says Appeals Court

July 21, 2011 | Lebowitz & Mzhen

11 years after he was mistakenly diagnosed with HIV, an appeals court has said that Terry Hedgepeth’s $20 million Washington DC medical malpractice lawsuit against the Whitman-Walker Clinic can proceed. His original complaint was dismissed on the grounds that he did not sustain any physical injuries from the medical mistake. However, now that the DC Appeals Court has changed the law in the District, emotional injury can be grounds for such a case. Hedgepeth wants compensation for emotional distress, anxiety, weight loss, loss of contact with family and friends, psychiatric facility commitment, suicidal tendencies, depression, damage to his reputation, lost earnings (past, present, and future,) and loss of almost four years of a normal life.

The clinic diagnosed Hedgepeth, now, 42, with HIV on December 13, 2000. He says that the news broke him and he ended up in a psychiatric ward. After his release, he sough treatment for his disease and obtained regular blood tests from the clinic. At the same time, however, he says that his life in havoc. He broke ties with his family because he didn’t want them to know that he was HIV-positive. He also moved into a Whitman-Walker run house for homeless patients, took cocaine, and wanted to die. All the while, he continued to show no signs of infection and he never had to take any meds to treat his HIV.

Four years later, Hedgepeth decided to try holistic treatments and went to the Abundant Life Clinic. A blood test he took there gave him an HIV-negative result. He also tested negative at Johns Hopkins University Hospital.

Tour Bus From Washington DC Involved in Deadly Crash May Have Been Derailed by Tire Blowout

July 18, 2011 | Lebowitz & Mzhen

Police are saying that a tire blowout may have caused the deadly tour bus crash on I-390 that killed two people and injured several others—leaving at least three of them with severe injuries—on Sunday. The bus, which had left Washington DC, was headed to Niagara Falls. As of midday Monday, media sources were reporting that 20 people remain hospitalized. Injuries include internal injuries, fractures, and head wounds, which are consistent with injuries from a bus accident.

The bus driver reportedly lost control of the bus at around 4pm in the Avoca area. The vehicle left the road before going down an incline and tipping over in a wooded area.

Today, at a news conference, New York State Police Superintendent Joseph D’Amico said that driver fatigue and alcohol are not likely factors in the crash. Also, in addition to the driver’s log being “proper” the front tires on the bus had just been replaced with new ones in the last couple of months. It was one of these tires that appears to have blown out.

The two passengers that died, Shail Khanna, 66, and Sakina Kiazar, 52, and the 34 other passengers on the bus were with tour group from India. The two women were seated behind the driver’s seat, which was the only seat on the bus with a safety belt. Tour buses do not have to have seat belts for passengers.

According to state Department of Transportation staff, the bus passed its last inspection on June 28 and has a good safety record. Bedore Tours was given a “satisfactory” (which is the top) rating by federal inspectors last year.

Tire Blowouts

Tire blowouts can prove fatal—especially if they cause a driver to lose control of the vehicle. A tire manufacturer can be held liable if its tire’s defects caused a DC traffic crash that resulted in injuries or deaths. If it was the driver who failed to replace or properly maintain the tires or a repair company that didn’t correctly check to make sure that a tire was in proper driving condition, either party could also be held liable.

In an accident such as the one discussed here, other possible liable parties—defending on the evidence found—might also include the tour operator, the tour bus driver, or the bus company owner.

Trip normal till tire blew out, Rochester bus driver says after I-390 crash, Democrat and Chronicle, July 18, 2011
Tour bus from D.C. crashes in N.Y.; 2 dead, The Washington Post, July 17, 2011
Related Web Resources:

Bedore Tours

SaferCar.gov

More Blog Posts:
Frederick County, School Bus Crash Involving Injuries Went Unreported, Say Maryland State Police, Maryland Accident Law Blog, October 28, 2010
Baltimore Personal Injury News: Six Hurt in Montgomery County Car-School Bus Accident on I-270, Maryland Car Accident Attorney Blog, June 3, 2011
Maryland Traffic Injury News: Car Hits City Bus in Baltimore County; 12 Passengers Hurt in Crash, Maryland Car Accident Attorney Blog, May 28, 2011

Up to 25% of US Car Crashes Caused by Distracted Driving and Gadget Use

July 12, 2011 | Lebowitz & Mzhen

According to the Governors Highway Safety Association, up to 25% of motor vehicle accidents in this country occur because motorists were distracted driving and more often than not using cell phones and other handheld devices. The GHSA’s report, which was released last week, is called “Distracted Driving: What Research Shows and What States Can Do.”

As our Washington DC personal injury law firm has reported in past blogs, distracted driving is very dangerous and can dramatically increase the chances of injuries or deaths. It also can be grounds for a DC car crash lawsuit against the driver. Other findings from the study:

• Some drivers are distracted as much as 50% of the time they are on the road.
• Texting while driving, which is both a manual and visual distraction, is even more dangerous than talking on a phone.

• Examples of other common types of distracted driving behavior include talking to other passengers, looking for tapes or CD’s, switching radio stations, drinking, eating, reading directions or a map, reading books or newspapers, dealing with kids or pets, shaving, putting on makeup, shuffling through an iPod, and reading your GPS.

Many people don’t realize that distracted driving impairs their ability to drive safely. This does not change the fact that this behavior can result in very deadly consequences.

Should other parties aside from a distracted driver be held liable for DC personal injury or wrongful death? A couple of years ago, one woman sued Nextel, Samsung, and Sprint for her mother’s distracted driving death. The plaintiff claimed products liability because the three companies allegedly failed to warn the driver that using a cell phone wile driving is a safety hazard. Samsung countered that it did include safety warnings on its websites and packaging and in its user manuals and advertising.

Report: Gadgets Linked To 25 Percent Of Car Accidents, AutoGuide, July 13, 2011

Read the GHSA’s Distracted Driving Report

Related Web Resources:
Distracted Driving, US Department of Motor Vehicles
Cell Phone and Texting Laws, Governors Highway Safety Association
More Blog Posts:
US DOT Holds Second Annual Distracted Driving Summit in Washington DC, Washington DC Injury Lawyer Blog, September 22, 2010
Preventing Maryland Car Crashes: State Senate Approves Ban on Reading Text Messages While Driving, Maryland Accident Law Blog, March 9, 2011
Maryland Lawmakers Want Texting While Driving Ban to Block Drivers From Reading Messages, Maryland Accident Law Blog, February 20, 2010

Washington DC Slip and Fall: An Injury Accident that May Be Grounds for a Lawsuit

July 5, 2011 | Lebowitz & Mzhen

Every year, thousands of people are hurt in slip and fall accidents. While this type of injury accident sounds simple and harmless enough—how dangerous can a simple slip accident while standing be? Our DC premises liability lawyers have seen enough slip and fall injuries to tell you that they can often be painful, debilitating, and costly.

A simple slip on liquid on the ground or a rough patch of ice or any other slippery item on a flat surface or staircase can lead to broken bones, displaced hips, back injuries, and in some cases, traumatic brain injury resulting in death. Whether or not you have grounds for a Washington DC slip and fall case will depend on where the accident happened, who owns the property where the accident occured, and whether there is a premise owner or another party who was responsible for making sure that this type of injury accident didn’t happen.

Usually, the property owner or someone must have cause the spill or other slip hazard, knew that there was a dangerous area but did nothing to remedy or repair it, or didn’t know about it but should have known about the slip danger because that is what a “reasonable” person taking care of the property would have done. Of course, each Washington DC slip and fall case is unique and the specifics of each accident, as well as how much evidence can be gathered, play a role in determining liability. Your case may even require the help of an experienced expert that knows how to prove exactly how your slip and fall accident happened.

Recovery from a slip and fall accident can take months, and for some people, permanent injury can result. An elderly person who shatters his/her hip may no longer be able to walk without the use of a cane or wheelchair. A teenager who strikes his/head against the pavement may die from a permanent brain injury. The sooner you have someone working on your case, the better your chances of obtaining the best outcome possible.

Related Web Resources:
Slip and Fall, Nolo
Slip and Fall, Justia

More Blog Posts:
Washington DC Slip and Fall Accidents Can Cause Hip Injuries, Broken Bones, a Strained Back, and Other Painful Injuries, Washington DC Injury Lawyer Blog, February 23, 2010
Woman Claims Maryland Fall Accident Left Her with a Russian Accent, Maryland Accident Law Blog, June 3, 2010
Former Supreme Court Nominee Robert Bork Settles Slip and Fall Accident Lawsuit With Yale Club, Maryland Accident Law Blog, May 13, 2008

Woman Dies in Washington DC Fall from W Hotel Rooftop

June 30, 2011 | Lebowitz & Mzhen

A woman was killed late Wednesday night when she fell from the rooftop patio of the W Hotel in Washington DC fall accident. According to witnesses, the victim, who had been drinking, climbed over the patio fence and dangled on an overhang before falling 10 stories.

The woman, who has been identified as 47-year-old Stephanie Huebner, landed on the sidewalk. She was pronounced dead at the DC injury site.

Authorities are claiming that Huber’s death was a suicide. However, the DC medical examiner’s office has still not ruled on her cause of death.

Obviously, at this time, the specifics of what happened are not known. Was Huebner’s death an accident or a suicide? Could the hotel have done anything to prevent the fatal from happening? Was the patio designed so that no one could easily fall or jump from there? Was Huebner really inebriated when she fell? Was she obviously under the influence, and if so, did hotel staff serve her liquor even though she appeared drunk? Was Huebner at fault in causing her death? Should someone be liable for her Washington DC fall accident?

Hotel Accidents

Hotels know that accidents can occur on their premises and it is important they make sure that the make sure that the appropriate safety measures in place to prevent such incidents from occurring. Examples of Washington DC hotel accidents that can result in injuries or wrongful death:

• Fires
• Sexual assault
• Pool or spa drownings
• Swimming accidents
• Slip and fall accidents
• Fall accidents from balconies, patios, roofs, or staircases
• Carbon monoxide poisoning
• Physical assault
• Food poisoning
• Step and fall accidents
• Trip and fall accidents
Woman falls to her death from rooftop of the W Hotel, Washington Post, June 28, 2011
Stephanie Huebner dies after fall from W Hotel roof, WJLA, June 29, 2011

Related Web Resources:
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

W Hotels

More Blog Posts:
Washington DC Escalator Accident Injures 52-Year-Old Metro Rider, Washington DC Injury Lawyer Blog, April 28, 2011
Maryland Fall Accident?: Police Probe Death of Man Discovered in Trash Chute, Maryland Accident Law Blog, August 16, 2010
Woman Sues Ocean City, Maryland Hotel Over Carbon Monoxide Deaths of Her Husband and Daughter, Maryland Accident Law Blog, February 21, 2008

Chevy Chase Driver Found Guilty of Negligence Homicide in Washington DC Car Crash that Killed Howard County Woman

June 28, 2011 | Lebowitz & Mzhen

A jury has found Jorida Davidson guilty of negligent homicide, driving under the influence, and leaving the scene after a crash in the DC car accident that claimed the life of Kiela Ryan. The 24-year-old traffic crash victim died after Davidson, struck her just south of Dupont Circle on October 7, 2010. October 7 just south of Dupont Circle. The Chevy Chase driver then fled the hit-and-run crash site.

Prosecutors had accused Davidson of driving drunk when she hit Ryan, who was emerging from a parked car at the time. Meantime, Davidson’s lawyer argued that she wasn’t inebriated when the collision happened. They also say that she did not report the DC pedestrian accident because she was suffered post-traumatic stress disorder and amnesia—a fallout from watching her dad die from a heart attack, her mother succumb to breast cancer, and growing up in war-torn Albania. When police later found her SUV, Davidson was slumped in the driver’s seat. She also failed two sobriety tests.

Washington DC Car Crashes

Washington DC Wrongful Death Lawsuit Filed by Victims and Families in 2009 Two-Train Crash Still Unresolved

June 22, 2011 | Lebowitz & Mzhen

According to the Associated Press, two years after two Metro trains collided with one another near the Fort Totten station on the red line, no resolution has been reached in the DC wrongful death lawsuit filed by the surviving family members of those who died and the victims who were injured. The tragic Washington DC metro crash, which occurred on June 22, 2009 killed nine people—eight passengers and the train operator—and injured over 70 people. The numerous complaints that were filed have been consolidated into one case and the trial is scheduled for February 2012.

Officials say that Train 112, which struck the other train, included six of the oldest cars in the fleet. As far back as several years before what was called the worst Metrolink train crash in history, the National Transportation Safety Board had recommended that the Washington Metropolitan Area Transit Administration change these cars because there ability to make it through a train accident was not certain. Cost concerns prevented the WMATA from replacing the trains, which were supposed to keep running until 2012. Also, the train operator, Jeanice McMillan, reportedly had just three months experience on the job when the deadly accident happened.

Train Accidents

Two Men Hospitalized Following DC Carbon Monoxide Poisoning Incident at Apartment Complex Parking Garage

June 18, 2011 | Lebowitz & Mzhen

According to the Washington Post, two men were rushed to the hospital after they were exposed to what appears to have been carbon monoxide while working in an apartment complex parking garage. Officials say that at the time of the accident, they had been operating pressure washers in an unvented area of the underground garage. High CO levels were also detected in other areas of the building.

Carbon Monoxide Poisoning

Exposure to excessive levels of CO poisoning can be deadly. This is why premise owners and managers may make sure that patrons, guests, residents, visitors, clients, or employees are not exposed to this colorless and odorless gas. If you or someone you love was injured from exposure to carbon monoxide poisoning, you should contact our DC personal injury lawyers today.

Washington DC Injury Lawsuit Against Sidwell Friends School Alleges Severe Emotional Distress

June 13, 2011 | Lebowitz & Mzhen

The father of a 5-year-old student at Sidwell Friends School has filed a $10 million Washington DC injury lawsuit against the school. Arthur G. Newmyer claims that the defendant was negligent for failing to properly supervise a staff psychologist that was counseling his daughter and who ended up having an affair with her mother. Newmyer claims that as a result of the affair becoming known, he and his daughter, who is a kindergartener at the school, suffered severe emotional distress. Newmyer and his wife are separated.

In his DC personal injury complaint, Newmyer says that the school board fired psychologist James F. “Jack” Huntington after he told them the latter was sending sexually explicit emails to his wife. Tara Newmyer says that she and Arthur Newmyer were separated by the time she and Huntington became involved.

Suing for Emotional Distress

Washington DC Paramedic Error Was a Factor in Fatal 2008 “Acid Reflux” Case, Reports Office of the Inspector General

June 8, 2011 | Lebowitz & Mzhen

According to a report issued last week by the city’s Office of the Inspector General, the paramedic who told Edward L. Givens to take Pepto-Bismol for acid reflux hours before the 39-year-old suffered a fatal heart attack was either unaware of or failed to follow a number of department protocols. Givens died on December 2, 2008 after paramedics failed to take him to the hospital when he called to report chest pains and breathing problems. He died six hours later. His family would go on to file a $17 million Washington DC medical malpractice case against the District and Emergency Medical Services alleging wrongful death.

Although initially the District had sought to have the case dismissed on the grounds that case law doesn’t permit someone hurt by an emergency worker to sue for medical malpractice, earlier this year a judge said that because of a new statute letting victims hold paramedics liable for negligence, the DC wrongful death lawsuit could proceed.

According to this latest report, even though Givens declined to go to the hospital after paramedics asked him multiple times if he wanted to go, the emergency responders should have done more to convince him. One emergency worker reportedly told Givens when he asked if he needed to go to the hospital that it was up to him. The inspector general’s report also found that emergency workers were at fault for not recording key information on Givens’ peatient care report, such as his age, first name, medical history, and interactions with family members.