Washington DC Injury Lawyer Blog

DC Area Teen’s Family Files Wrongful Death Lawsuit Against Four Loko Manufacturer

May 30, 2011 | Lebowitz & Mzhen

The family of John Donald Rupp III, a DC Area teenager, is suing Phusion Projects, which manufactures the caffeinated alcoholic drink Four Loko, for his wrongful death. The 15-year-old died when a car hit him near his home last September. His family says that the collision happened after he drank Four Loko, which caused him to become disoriented.

In their wrongful death lawsuit, Rupp’s family accuses the drink maker of negligence and carelessness. They contend that Four Loko “desensitizes users to the symptoms of intoxication,” while upping the risk of injury related to alcohol.

The Food and Drunk Administration has warned that caffeine is not a safe food additive to mix with alcohol. Meantime, experts have said that drinks that have both alcohol and caffeine are associated with high-risk behavior. Weeks after Rupp’s passing, Phusion Project said it would take the stimulants, including caffeine, from its products.

CPSC Recalls 1M Pool and Hot Tub Drain Covers Because They Pose Drowning and Entrapment Risks

May 26, 2011 | Lebowitz & Mzhen

Just two days before the Memorial Day holiday weekend, the Consumer Product Safety Commission has recalled approximately 1 million pool and hot tub drain covers because they could pose drowning and entrapment hazard to children and adults. Hundreds of thousands of pools and hot tubs, both private and public, may be affected. CPSC chairwoman Inez Tenenbaum is asking for public pools that have been using the recalled drain covers to temporarily shut down operation until the drain cover can be inspected, repaired, and/or replaced. However, she did also say that not all of the recalled drain covers will need to be changed or fixed.

The recall was announced because the CPSC found that many of the drain covers, which were supposed to meet the safety regulations that were implemented in 2008, were certified by labs that applied faulty standards. As a result, some of the drains have inaccurate flow ratings.

Our DC injury lawyers are familiar with the serious injuries that can result from pool drain covers that don’t meet the safety standards mandated by 2008 law. The vacuum effect of some drains can be so powerful that without the proper covering, a swimmer can get suctioned to a drain and drown. In 2007, one 6-year-old girl’s intestines were partially sucked out by a swimming pool drain. She had to have transplants of the small bowel, liver, and pancreas, and she eventually died.

The pool and hot tub drains included in the recall were made by a number of companies: A & A Manufacturing, Color Match, AquaStar Pool Products, Hayward Pool Products, Custom Molded Products, Rising Dragon USA, Pentair Water Pool and Spa.

Drain cover recall could close thousands of pools, USA Today, May 26, 2011
Drowning Risk Prompts Biggest Ever Recall Of Backyard Pool Drain Covers, ABC News, May 26, 2011
Eight Manufacturers Recall Pool and In-Ground Spa Drain Covers Due to Incorrect Ratings, CPSC, May 26, 2011
Related Web Resources:

Pool Safety

Virginia Graeme Baker Pool and Spa Safety Act

More Blog Posts:
CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents, Washington DC Injury Lawyer Blog, May 4, 2011
Pool Drain Sucks Small Intestine From Six-Year-Old Girl; Maryland Residents Push For Tougher Pool Safety Laws, Maryland Accident Law Blog, July 9, 2007

Washington DC Wrongful Death: Family of Woman Killed in Adams Morgan Pedestrian Accident Seeks $20M from Drunk Driver

May 18, 2011 | Lebowitz & Mzhen

According to WUSA9.com, the family of Julia Bachleitner is suing Chamica Adams for DC wrongful death. Bachleitner, a Hopkins School of Advanced International Studies student from Austria was killed last September in an Adams Morgan pedestrian accident. The 26-year-old student’s family is seeking $20 million from Adams, who was drunk when she drove a car into a group of graduate students. Other defendants include the bar that served Adams alcohol prior to the deadly collision and her mother.

At around 8:30pm on September 8, 2010, Adams, who was making a left turn, drove over a traffic island to accidentally struck Bachleitner and another woman. She then crashed the vehicle into an empty restaurant. The other woman, Melissa Basque, suffered a concussion with a brain bleed, teeth loss, facial fractures, and a compound leg fracture.

Police say that Adams’s blood-alcohol level was almost two times the legal limit. The 24-year-old Mitchellville woman had consumed alcohol at the District Lounge and Grille right before the DC pedestrian accident. The Washington Times reports that there is security footage from the club showing her consuming several drinks and then stumbling out of the place. The C. Fields Group LLC, which owns the bar, is also a defendant in the Washington DC wrongful death case.

Are Some Children Undergoing Unnecessary CT Scans?

May 11, 2011 | Lebowitz & Mzhen

According to a new study by UC Davis Health System, not all children who sustain minor blunt head trauma need to undergo CT scans. Yet, about half of those who do end up in hospital ERs for this type of injury get a head computed tomography scan. More about the study can be found in the June 2011 issue of Pediatrics.

Our Washington DC personal injury law firm represents children and adults who suffered unnecessary injury or health complications because of medical negligence. If you believe that unnecessary exposure to radiation from a medical device, do not hesitate to contact us and ask for your free consultation.

Researchers evaluated 40,113 under age 18 who went to 1 of 25 emergency rooms between June 2004 and September 2006. 5,433 of the kids were observed before medical staff decided to give them a CT scan. What researchers found is that not only was CT use was lower in the children who were observed, but also this did not affect the quality of care that they received. 3,744 of these kids went home without a scan and only 26 of them came back to have one. Of these children, four had traumatic results and just one had a clinically important injury that required hospitalization for two nights.

The fact that not all children with a minor head injury needs to undergo a head scan to get treated properly is good news, seeing as exposure to radiation through CT scans does carry some health risks—especially for children. A single CT scan to a child’s brain provides a dose of radiation equal to about six months to a year of “background radiation.” Radiation can increase the chances of a child developing cancer later in life.

Obviously some head injuries are serious enough to warrant a CT scan, but it is also important that children not be exposed to radiation from this type of test unnecessarily. It might be a good idea to ask your child’s doctor whether there are other medical imaging tests that can be used that wouldn’t expose your son/daughter to radiation.

UC Davis study examines need for CT scans in children, The Sacramento Bee, May 10, 2011
Observation After Head Injury Cuts Kids’ CT Scans, WebMD, May 9, 2011

Related Web Resources:

Pediatrics

Radiology

More Blog Posts:
Botox May Get Rid of More than Wrinkles, Says New Study, Washington DC Injury Lawyer Blog, April 23, 2011
US Lawmakers Seek to Reinstate Right to Sue Medical Device Makers for Personal Injury and Wrongful Death, Maryland Accident Law Blog, February 19, 2009
Walgreens Pharmacy Misfill Leaves Toddler With Dangerous Drug, Pharmacy Error Injury Lawyer, May 4, 2011

CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents

May 4, 2011 | Lebowitz & Mzhen

With the swimming season fast approaching, the US Consumer Product Safety Commission is reminding parents and guardians to exercise caution so that tragic drowning accidents are avoided. Already, the CPSC says there have been 38 near-drowning and 37 drowning incidents in the US this year. The government agency, along with the Y and American Red Cross, are launching a Pool Safety campaign this year to reduce the amount of child drowning accidents in spas and swimming pools.

Considering that about 300 kids under the age of 5 drown annually and thousands of others are injured in near drowning accidents, employing the proper safety precautions will hopefully save lives. To help prevent Washington DC drowning accidents:
• Makes sure that there is a fence around the pool so that kids can’t get in when there isn’t an adult around
• Don’t allow children to swim unsupervised
• Make sure there is someone at the pool that knows how to perform CPR in the event of an emergency

A pool or spa owner can be held liable for Washington DC personal injury to a child if he/she did not make sure that the pool or hot tub is safe for swimmers. For example, if someone drowns at a public pool that should have (but didn’t) have a lifeguard on duty or because the wasn’t properly cleared of leaves and other debris so that it would be easy to spot someone in trouble at the bottom of the pool, the victim or his/her family may have grounds for a lawsuit.

Common causes of pool or spa drownings:
• No fence or pool cover
• Inadequate warning signs
• Lack of rescue equipment in the pool area
• Drain entrapment (Could be grounds for a DC products liability case)
• Inadequate pool maintenance
• No lifeguards
• Defective pool or spa equipment

Our Washington DC injury lawyers represent families throughout the DC area and Maryland.

Pool & Spa Safety Educational Video Transcript, Pool Safety.gov
75 Drownings and Near-Drownings in 15 Weeks, CPSC, April 21, 2011
Related Web Resources:
Unintentional Drownings, Centers for Disease Control and Prevention
Drowning Prevention Fact Sheet, Safe Kids USA

More Blog Posts:
Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool, Washington DC Injury Lawyer Blog, July 12, 2010
In Maryland, Accidental Drowning Of Anne Arundel County 5-Year Old Renews Calls For Greater Pool Safety, Maryland Accident Law Blog, October 13, 2006
Family of Baltimore County Woman that Drowned in Apartment Complex Pool Files $100 Million Wrongful Death Lawsuit, Maryland Accident Law Blog, August 15, 2008

Former Special Ed Student files Amended DC Personal Injury Lawsuit Against Teacher Who She Says Fathered Her Child

April 30, 2011 | Lebowitz & Mzhen

20-Year-old Ayanna Blue has filed an amended complaint to the Washington DC personal injury lawsuit she filed last year accusing Robert Weismiller, an ex-DC Public Schools teacher, of fathering her child. According to Blue’s civil attorney, several other females have also said that Weismiller also was inappropriate with them when they were in school. The allegations go back as for as two decades.

Blue used to study at Shadd Transition Academy, which is a school for kids with emotional and cognitive disabilities. She claims that staff at the high school suspected that Weismiller was having sex with her in his classroom but did nothing to stop the incidents, which went on for five months. Blue says that paternity test results show that there is a 99% probability that Weismiller is the father of her daughter, who was born on November 28, 2009. Blue’s lawyer has said that the District failed to protect the plaintiff from continuous exposure to a sexual predator. Weismiller, who was laid off, is no longer with the school.

Blue’s DC injury lawsuit contends that she continues to suffer financially and emotionally from her encounters with Weismiller. Her originally complaint requested compensation from him, DC schools, and Schools Chancellor Michelle A. Rhee.

Washington DC Escalator Accident Injures 52-Year-Old Metro Rider

April 28, 2011 | Lebowitz & Mzhen

A female Metro passenger was injured last week in a Washington DC escalator accident. The woman suffered chin and knee injuries when she fell into an escalator access hatch at the Pentagon Station. At the time, the escalator was not moving. It had, however, been undergoing maintenance so that the workers could replace the step rollers.

The opening, which was at the top of an escalator, was about the size of a manhole. Officials say that that it should have been covered and barricaded. The injured woman was hospitalized for two days for her injuries.

Escalator Accidents

Escalator accidents can cause serious injuries. Just last month a 4-year-old boy was killed in an escalator accident. In another Washington DC escalator accident last February, several steps on one at the Foggy Bottom Metro Station bucked to pile atop each other, creating a three-foot-hold. One passenger lost her balance and fell backwards. Fortunately, she did not fall into the hole, as two other passengers helped pull her up. Last October, four people got hurt in a DC Metro escalator accident at L’Enfant Plaza station. Riders fell on top of each other after the brakes failed.

If faulty maintenance, elevator malfunction, or some other safety issue caused your escalator accident, you may be able to file a Washington DC personal injury lawsuit against the owner of the property where the elevator is located, the elevator manufacturer, and/or other liable parties. Other common causes of escalator accidents include improper installation, missing or loose parts, inadequate inspections, escalator parts defects, and clothing/hand/foot entrapment.

UPDATE: Metro rider falls into escalator hatch left open, Washington Examiner, April 28, 2011
L’Enfant Escalator Collapse, NBC Washington, February 26, 2011
Escalator Steps Collapse at DC Foggy Bottom Metro Station, MyFox DC, February 18, 2011
4-Year-Old Boy Killed in Escalator Accident, ABC7, March 14, 2011
Related Web Resources:

DC Metro

Danger on the escalator, CBS News, February 17, 2005
More Blog Posts:
Escalator Malfunction at DC Metro Station Injures Four, Washington DC Injury Lawyer Blog, October 14, 2011
DC Metro Assault Crimes: Does WMATA Provide Adequate Security?, Washington DC Injury Lawyer Blog, August 27, 2010
One Person Dead and One Injured in DC Metro Stabbing Incident, Washington DC Injury Lawyer Blog, May 31, 2010

Botox May Get Rid of More than Wrinkles, Says New Study

April 23, 2011 | Lebowitz & Mzhen

According to a new study, Botox not only smooths wrinkles, but it may also dull your ability to comprehend other people’s emotions. This latest finding was published in the Social Psychology and Personality Science this week. Our Washington DC Injury Lawyer Blog team will continue monitor this story in the event that there are more developments.

One of the cosmetic uses for Botox is to paralyze the muscles so as to reduce facial movements that can lead to wrinkles. USC psychology professor David Neal, who is the research’s lead author, says that if someone’s “muscular signals to the brain are dampened” he/she is likely “less able to read emotions.” He wants Botox users should think about whether getting injections of the botulinum toxin is decreasing their ability to comprehend people’s emotions and empathize. Another study published in the journal Emotion last year found that Botox might inhibit a person’s ability to feel emotions.

Controversy over whether the benefits of Botox outweigh the risks has been going on for some time now. While there are known medical benefits when Botox is used to treat certain conditions, serious side effects have included aspiration pneumonia, partial paralysis, and death.

Just this week, a federal jury started hearing one man’s products liability lawsuit against Allergan over his personal injuries that he claims are Botox-related. Douglas Ray Jr. claims that the drug, which he took to alleviate writer’s cramp, left him totally disabled and with brain damage.

Ray, 65, contends that the drug manufacturer promoted that Botox could be used to treat writer’s cramp and hand tremors—even though the US Food and Drug Administration had not approved Botox for these uses. He contends that he experienced a severe immune reaction to the drug, which resulted in his permanent injuries. Ray is seeking more than $20 million.

Washington DC Products Liability

A person who is injured or gets sick from taking a defective or dangerous drug, or one that has side effects that a manufacturer never warned about, may be able to file a Washington products liability lawsuit to recover damages.

Botox may deaden perception, study says, USA Today, April 21, 2011
Study: Botox cuts ability to read others, UPI, April 23, 2011
Federal jury in Va. begins hearing $20M lawsuit alleging Botox caused man’s brain injury, CBS 6, April 20, 2011
Related Web Resources:

Social Psychology and Personality Science

Botox, Allergan
Botulinum Toxin, Overview, Medscape
More Blog Posts:
Mother Sues US Secretary of Health and Human Services in Washington DC Alleging Daughter Was Injured by HPV Vaccine, Washington DC Injury Lawyer Blog, May 4, 2010
Products Liability Lawsuits Cost Bausch & Lomb Over $250 Million, Maryland Accident Law Blog, June 1, 2009
ISMP—Prescribing Fentanyl Pain Medication for Short-Term Pain Be Deadly, Pharmacy Error Injury Lawyer, January 25, 2011

Washington DC Playground Accidents are a Leading Cause of Injuries to Minors

April 19, 2011 | Lebowitz & Mzhen

With spring well under way, more kids are making their way back outdoors and onto playgrounds. Unfortunately, playground accidents are a leading cause of injuries to children in the 5-14 age group. SafeKids USA reports about 150,000 playground injuries a year result in ER visits, with injuries ranging from cuts, bruises, and scrapes to traumatic brain injuries, fractures, broken bones, dislocations, amputations, and other serious injuries. Approximately 10 playground fatalities occur in the US annually. Washington DC playground accident injuries can occur in public parks, private backyards, residential areas, daycare centers, on school grounds, and other premises where playground equipment has been set up for kids to use.

Common Causes of DC Playground Accidents:
• Inadequate supervision
• Defective or deteriorating playground equipment and rides
• Poorly designed playgrounds
• Inadequate maintenance
• Rust or sharp edges on equipment
• Inadequate protective surfacing that doesn’t provide a proper cushion in case of a fall
• Not enough space between equipment
• Trip hazards
• Playground equipment that is inappropriate or too advanced for the kids that are likely to use them
• Elevated surfaces that lack guardrails

Playground operators must make sure that their premise and the equipment on it are safe for use and that all precautions have been taken to decrease the chances of a DC playground accident. It is also the responsibility of playground equipment manufacturers to make sure that their products are safe for us.

Examples of Common Playground Accidents
• Falls from slides or jungle gyms
• Trip and fall accidents
• Burn injuries from equipment made of metal that can get hot
• Falls from swings
Playground Injuries, CDC
Playground Safety, Safekids
More Blog Posts:
Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool, Washington DC Injury Lawyer Blog, July 12, 2010
Baltimore’s Public Housing Authority Says It is “Not Possible” To Pay Judgments in Maryland Lead Poisoning Cases, Maryland Accident Law Blog, April 11, 2011
Family of Girl Electrocuted at Druid Hill Park Softball Field Revisits Maryland Wrongful Death Lawsuit Against the City of Baltimore, Maryland Accident Law Blog, May 12, 2010

Ford F-150 Pickup Truck Recall Over Air Bag Safety Issue Expanded to 1.2 Million

April 14, 2011 | Lebowitz & Mzhen

Two months after recalling 144,000 Ford F-150 Pickup Trucks over concerns that the air bags might deploy inadvertently, Ford Motor Co. has expanded its recall to 1.2 million pickup trucks. Our Washington DC car accident lawyers are pleased to see that the automaker has decided call in these additional vehicles, a move that had been called for by the National Highway Traffic Safety Administration.

Following the original recall, NHTSA said that the recall of the 144,000 vehicles wasn’t enough to address the air bag safety issue, which had resulted in at least 269 inadvertent air bag deployments and about 98 injuries. Ford, however, insisted that only those vehicles were affected by the problem, which involves a possible short-circuit that could cause the safety device to suddenly go off. The wiring needs to be replaced. In addition to more F-150 pickup trucks (model years 2004, 2005, and 2006), Ford is now also recalling a number of Lincoln Mark LT trucks (model year 2006).

Air Bag Safety