Washington DC Injury Lawyer Blog

One Person Dead and One Injured in DC Metro Stabbing Incident

May 31, 2010 | Lebowitz & Mzhen

According to DC police, the man who was found fatally stabbed at the top of an escalator at the Congress Heights Station early Sunday has died. A second stab victim, who was found close to the underground station kiosk, was treated at a hospital and later released. Meantime, a third person that may have suffered a medical problem during the stabbing incidents also was taken to the hospital.

Police are trying to determine the motive behind the stabbings, which appear to have been related. It is possible that physical struggles took place in different spots at the station before the victims were left alone. DC police were called to the scene shortly before 3 am.

Washington DC Premises Liability

The owners of public and private properties are supposed to make sure that there is adequate security on a premise so that no one ends up becoming the victim of a robbery, sexual assault, or murder. Depending on the premise, property owners may want to make sure that there is:

• Adequate lighting
• Entrances and exits with locks, alarm systems, video cameras, or security guards
• Surveillance cameras

Even if the property owner had nothing to do with causing the actual crime, the failure to act to prevent such incidents from happening—especially if similar crimes were recently been committed on the premise or in the surrounding area—can be grounds for a Washington DC inadequate security lawsuit. You also may be able to sue the assailant for Washington DC personal injury.

1 killed, 1 wounded in stabbing; men are found at D.C. Metro station, The Washington Post, May 31, 2010
Inadequate Security, Justia
Metro

Washington DC Traumatic Brain Injury Can Cause Depression and Sleep Problems

May 25, 2010 | Lebowitz & Mzhen

About 1.5 million people in the US sustain traumatic brain injuries each year. Depending on the severity of a TBI, brain injury symptoms can include headaches, fatigue, memory loss, visual disturbances, sleep disorders, dizziness, concentration problems, irritability, seizures, feelings of depression, nausea, sensitivity to sounds and light, loss of smell, mood changes, language problems, delays in mental processing, speech problems, difficulties reading or writing, vision loss, photophobia, hearing loss, tinnitus, nystagmus, seizures, paralysis, spasticity, chronic pain, bowel problems, social-emotional issues, and coma. 80% of TBI patients will be left with permanent, major disabilities.

Now, researchers are shedding more light on the links between TBIs and depression and sleeping problems, respectively. According to a study published last week in the Journal of the American Medical Association, about 50% of traumatic brain injury survivors have a nearly eight times greater risk of suffering from clinical depression than do members of the general population.

559 TBI patients participated in the study. Within the first year after sustaining their brain injuries, approximately 53% of participants were diagnosed with major depression. Less than 50% of these patients received any treatment for their depression during the first year. Also, TBI patients who were depressed reported a poorer quality of life and experienced greater difficulties functioning.

While sleep problems have long been linked to TBIs, a new study explains why. According to Shantha Rajaratnam, PhD, from Monash University in Australia, brain injury patients don’t produce as much melatonin as do people who aren’t suffering from a TBI. Melatonin regulates sleep. Rajaratnam says that the findings suggest that a TBI may disrupt the structures of the brain that regulate sleep.

Also, brain injury patients that took part in the study spent less time sleeping and woke up more often after initially falling asleep than their counterparts that weren’t suffering from TBIs. Brain injury patients experienced more non-REM sleep.

Washington DC traumatic brain injuries can occur during fall accidents, motor vehicle accidents, accidents involving the victim’s head striking or being struck by a hard object, as a result of medical malpractice, or because of other injury accidents that resulted in a direct blow to the head.

Study: Brain injuries tied to trouble sleeping, Physorg.com, May 24, 2010
Traumatic brain injuries linked to depression, Los Angeles TImes, May 24, 2010
Brain Injuries May Lead to Sleep Problems, Web MD, May 24, 2010
Related Web Resource:

Journal of the American Medical Association

Brain Injury Association of America

Washington DC Pedestrian Accident Injures Retired Cop During National Police Week

May 20, 2010 | Lebowitz & Mzhen

A 62-year-old retired police officer was injured on Friday night when he was hit by a Chevy SUV. Bill Tinker was crossing H Street, NW, at New Jersey Avenue from a Police Week food and beverage area when the Washington DC pedestrian accident happened.

The impact of the Washington DC car crash knocked Tinker out of his shoes and into the windshield of the vehicle that struck him before he landed on the ground. He broke several bones and had to be evaluated for possible head injuries.

Washington DC Pedestrian Accidents

When a pedestrian is injured during a Washington DC car accident, one of the first issues that investigators will try to resolve is who was at fault in causing the pedestrian accident. DId the pedestrian, the motorist, or another party cause the crash?

In most pedestrian accidents, it is the person walking who will have sustained the more serious injuries. Pedestrians don’t have anything to serve as a buffer between them and the impact of getting struck by a car, a motorcycle, a truck, or a bus. Pedestrian injuries can be catastrophic and the medical and recovery expenses can be astronomical. Seniors and children are at most risk of getting hurt or dying in a pedestrian accident.

Granted, in most Washington DC pedestrian accident cases involving a liable motorist, the negligent party likely never intended to hurt anyone. However, the driver can still be held accountable for the injuries, pain and suffering, and other damages.

Police Week Participant Struck By Car, MyFoxDC.com, May 16, 2010
Related Web Resources:
Car Accidents With Pedestrians, Nolo
Pedestrian and Bicycle Safety, FHWA Safety
Maryland Car Accident Attorney Blog

Washington DC Lawmakers Support National Nursing Home Week

May 15, 2010 | Lebowitz & Mzhen

Today marks the end of National Nursing Home Week. The week honors nursing home workers, professionals, residents, volunteers, and family members for their contributions to their communities.

National Nursing Home Week was established by the American Health Care Association. Last month, Representative Michael Arcuri (D-NY) introduced Resolution 1291, which supports the designated week. This year’s theme has been “Enriching Every Day.” Our Washington DC nursing home neglect and abuse law firm wants to honor those who do everything to make assisted living facility residents’ lives easier and more enjoyable.

Visiting Your Loved One at a Nursing Home

It is important to visit your family member once they’ve moved into the assisted living facility. Not only will you be giving him/her emotional support and maintaining your connection with each other, but also physically going to the assisted living facility will allow you to take part in your relative’s care.

The Ribbon.com offers a number of recommendations for activities you can engage in when visiting a nursing home:

• Talk to your loved one
• Watch his/her body language for signs of loneliness, depression, abuse or neglect
• Take any complaints seriously
• Help the patient with leg or arm exercises
• Go for a walk together on the grounds or up and down the hall
• Bring gifts, such as flowers, mementos, family photos, or favorite foods
• Listen to music together
• Help with letter writing
• Share a meal together
• Check in with staff members about your loved one’s care
• Look around to make sure that the nursing home is still the kind of place where you feel comfortable letting your loved one live

Your physical presence also makes staff members aware that you are watching out for your loved one and monitoring their care and well-being. If you suspect Washington DC nursing home abuse your neglect, you may want to consider immediately removing your loved one from the assisted living facility.

AHCA Praises House Support for National Nursing Home Week, AHCA, April 23, 2010
Visiting in the Adult or Nursing Home, The Ribbon
Related Web Resources:

Maryland Nursing Home Lawyer Blog

Nursing Home Directory, District of Columbia Department of Health

NHTSA Investigate Whether Toyota Delayed Notifying Safety Officials of Steering Relay Rod Defect

May 13, 2010 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration is investigating whether or not Toyota Motor Corp. notified federal safety officials of a steering relay rod defect affecting some of its vehicles within five days of discovering the safety issue or whether, as the Associated Press is reporting, the automaker knew there were problems but waited to tell federal safety officials and issue a recall. It was just last month that NHTSA had fined Toyota $16.5 million for not notifying federal regulators within 5 days of discovering the sticky accelerator problem and for waiting so long to recall millions of vehicles.

Steering Relay Rod Defect

In 2004, Toyota had recalled pickup trucks and SUVs in Japan but did not issue its recall of all most one million 4Runner sport utility vehicles, Hi Lux and T100 pickup trucks in the US until eleven months later. At the time, the automaker had told NHTSA that the steering relay rod defect did not affect vehicles in the US because the road conditions are different in this country.

However, AP, which conducted an investigation into the matter, found that even before the recall in Japan, Toyota had received at least 52 reports from people in the US who said that their steering rods had snapped. Also, documents from the automaker show that prior to the 2004 recall, it had received 35 steering rod relay-related complaints through its customer service department, 13 warranty claims through dealers, and four formal complaints through its legal department. Now, NHTSA says it has linked seven injuries, three deaths, and 16 car crashes to the steering relay rod defect.

Toyota’s reputation for making safe and reliable cars has taken an enormous hit in the wake of its recalls of millions of vehicles over different auto defects and the auto products liability and wrongful death cases that have followed. Today, Consumer Reports said that the automaker’s safety recall crisis has caused its customer loyalty rating to slip. It was the magazine’s “Don’t Buy” recommendation that car shoppers stay away from the 2010 Lexus GX 460 SUV because it posed a rollover risk that prompted Toyota to recall more vehicles. In the wake of software updates made by the automaker to fix the problem, Consumer Reports has lifted its “Don’t Buy” warning.

Consumer Reports survey shows Toyota loyalty is slipping in the US, EGM CarTech, May 13, 2010
Toyota waited months to issue ’05 steering recall, Associated Press, May 10, 2010
NHTSA Opens Investigation into Timeliness of 2005 Toyota Steering Relay Rod Recall, NHTSA, May 10, 2010
Related Web Resources:

Toyota Motor Corporation

National Highway Traffic Safety Administration

Mother Sues US Secretary of Health and Human Services in Washington DC Alleging Daughter Was Injured by HPV Vaccine

May 4, 2010 | Lebowitz & Mzhen

Tracy Wolf has filed a dangerous drug lawsuit in the US Court of Federal Claims in Washington DC. She is suing the Secretary of Health and Human Services over injuries that she says her teenage daughter sustained from taking the HPV vaccine.

The vaccine is supposed to prevent women from getting cervical cancer. However, Wolf says that after taking a three-shot series of Gardasil in 2007 and 2008, her 16-year-old daughter was diagnosed with a number of health issues, including encephalitis, a seizure disorder, and physical and behavioral problems. Wolf says that one month after her daughter took the first injection, the teenager started to exhibit “significant negative” behavioral changes and physical problems, including heart palpitations.

Gardasil

Tylenol, Benadryl, Motrin, and Zyrtec Included Among 43 OTC Infant and Child Medications Recalled by Johnson & Johnson Division

April 30, 2010 | Lebowitz & Mzhen

In an attempt to prevent infant and child injuries and deaths, McNeil Consumer Healthcare, a Johnson & Johnson division, is recalling 43 over-the-counter child and infant medications after regulators discovered deficiencies at a manufacturing facility. Hundreds of thousands of medicine bottles will have to be pulled from store shelves in the US, its territories, and nine other nations.

Following a routine check of McNeil Consumer Healthcare’s Fort Washington plant, Food and Drug Administration inspectors discovered that the manufacturing process was “not in control,” which could alter the medicines’ composition. As a result, some of the medicines may have a higher concentration of an active ingredient than what is noted, may have inactive ingredients that don’t meet testing requirements, or may contain tiny particles.

Even though the chance of serious injury from the medicines is “remote,” the FDA is counseling caregivers and parents to stop using the recalled products right away. The FDA also says that if a child displays any unusual symptoms after taking one of the recalled medicines, then caregivers or parents should seek the advice of a physician. The federal agency is warning that giving children and infants the adult versions of these medications can result in serious illness or injury.

Washington DC Personal Injury?: Staff Misconduct and Unsanitary Conditions Alleged at Family Emergency Shelter

April 28, 2010 | Lebowitz & Mzhen

Washington Family Emergency Shelter managers admitted to DC Council members earlier this month that it had fired workers over their alleged sexual behavior with female residents. Families Forward, the nonprofit group that was contracted to run the shelter, admits that they made a mistake when they didn’t tell DC officials about complaints by residents that were related to such incidents.

According to DC Council member Tommy Wells, a number of residents had accused shelter workers of misconduct. One woman who arrived at the shelter on January 27 with her three daughters says she turned down the advances of one Fast Forward worker who not only invited her to a club but also told her she could spend the night at his residence. In her email to DC Mayor Adrian M. Fenty’s office, the woman said other residents were told that they would be given certain favors in exchange for sex. She reports that one resident had sex with a staff member because he promised to take care of her.

She also complained that when she and her daughters arrived at the shelter, they slept on “semi-inflated air mattresses, on the floor” like “3rd world refugees.”

Washington DC Motor Vehicle Crash Leaves One Person Dead and Six Others Injured

April 22, 2010 | Lebowitz & Mzhen

A Washington DC traffic crash involving a van and a Toyota Camry has resulted in six injuries and one death. The auto accident occurred at around 7pm on Monday in Southeast DC.

According to witnesses, a speeding van drove over the center median on Alabama Avenue and into the path of an oncoming Toyota. The van rolled over a number of times before catching fire. Some 50 fire workers arrived at the crash scene where utility wires had been knocked down and there was a fuel spill.

The Camry’s driver, 37-year-old Mary Elizabeth Wimbush, died at the crash site. Four children who were riding in the car sustained serious injuries. One of the child victims, a 2-year-old girl, was ejected from the vehicle. All of them were taken to Children’s National Medical Center and admitted in critical condition.

68-Year-old Mount Pleasant Woman Killed in Bicycle Accident with DC Guard Truck

April 20, 2010 | Lebowitz & Mzhen

Constance Holden, 68, died on April 12 after she was in a Washington DC bicycle collision with a five-ton truck. The Washington DC truck crash occurred at the intersection of 12th Street and New York Avenue, NW.

The truck involved in the catastrophic traffic accident was a DC National Guard truck. The vehicle was doing motorcade security work for the Nuclear Security Summit.

The cause of the Washington DC truck accident has yet to be determined. The National Guard vehicle was accompanied by a human escort as it made its way through crowds.

Washington DC Bicycle Accidents

Without air bags, seat belts, and the body of a motor vehicle to protect a cyclist from the impact of collision, he or she is at risk of serious injury in the event of a traffic crash. Wearing a bicycle helmet and protective clothing is not enough to prevent serious injuries and deaths.

While bicyclist negligence is a common cause of bicycle crashes, many bicycle injuries and deaths happen because the driver of the vehicle involved was negligent, reckless, distracted, or careless. Unfortunately, many motorists forget that they share the roads with pedalcyclists, and they may not watch out for them or notice when they are there.

Common causes of bicycle crashes involving negligent drivers:

• Pulling out onto street in front of a pedalcyclist
• Attempting to turn in front of the bicyclist
• Driver inattention
• Distracted driving
• Failure to yield at an intersection
• Failure to stop at a red light
• Running a stop sign
• Neglecting to look both ways before proceeding
• Drunk driving
• Speeding
• Following too closely
• Driving under the influence of drugs
• Texting while driving
• Talking on a cell phone
Bicyclist Dies in Collision With DC Guard Truck, NBC Washington, April 13, 2010
Cyclist killed in collision with nuclear summit motorcade, CNN, April 13, 2010
Related Web Resources:
Bicycle Map, District Department of Transportation
Bicycles, National Highway Traffic Safety Administration