Washington DC Injury Lawyer Blog

Preventing Bus and Truck Accidents: U.S. Department of Transportation Wants Federal Rule Banning Truckers and Bus Drivers from Texting

March 31, 2010 | Lebowitz & Mzhen

The U.S. Department of Transportation is proposing a federal rule that would ban commercial truck drivers and bus drivers from texting. The proposal comes after an interim ban that Transportation Secretary Ray LaHood announced in January. The ban would apply to commercial drivers of vehicles weighing more than 10,000 pounds and will hopefully decrease the number of truck accidents and bus crashes that happen.

According to research by the Federal Motor Carrier Safety Administration, drivers who text have their eyes off the road for 4.5 seconds out of every 6 seconds. During that time, a vehicle moving at a speed of 55 mph while have traveled the length of a football field. Texting motorists also have a 20 times greater chance than drivers that aren’t distracted of getting involved in a traffic crash. The FMCSA says that it is working on other regulations related to electronic devices.

It is now no longer mere speculation that while texting while driving is dangerous for all motorists, it is especially so for truck drivers—who, as last year’s Virginia Tech Transportation Institute reports, are 23 time more likely to become involved in a near-accident or an actual truck crash when they text and drive at the same time. When this occurs, it is usually the occupants of the other vehicles, pedestrians, motorcyclists, or bicyclists involved in the truck collision that suffer.

Washington DC Nursing Negligence: Socialite Karen Feld Accuses Private Nurse of Neglect and Fraud

March 25, 2010 | Lebowitz & Mzhen

Karen Feld, a socialite and a former DC gossip columnist, is suing Inger Sheinbaum, her former home-care companion and private nurse, for $1.5 million. Feld is alleging Washington DC nursing home neglect and fraud.

According to Feld, Sheinbaum lied about her qualifications as a registered nurse, failed to perform the nursing duties she was hired for, and allowed men who didn’t have permission into the 62-year-old woman’s hospital room. Feld, who had to undergo brain surgery in January 2008, hired the 61-year-old nurse because she needed 24-hour nursing care while she recovered.

Feld claims that Sheinbaum was away during numerous “critical junctures.” After one week of employment, Sheinbaum resigned. The nurse claims that Feld allegedly attacked her during a rant that included profanity. Sheinbaum’s legal representation says that the Washington DC injury lawsuit is unfounded.

US News & World Report Ranks Washington DC as Safest Place for Teen Drivers

March 20, 2010 | Lebowitz & Mzhen

US News & World Report has just put out its first Best States for Teen Drivers ranking and the District of Columbia tops the list. One reason for this is that Washington DC has some of the strictest laws governing teen drivers and their driving requirements. The state of Maryland placed 4th. This is good news for Washington DC and Maryland teen drivers, considering that car accidents are considered the number one cause of fatalities to teens in the 16-19 age group. Over 4,000 teenagers die every year.

That said, there is always more that can be done to prevent the number of Washington DC car accidents involving teen drivers.

Per a recent study about teen drivers by Allstate Foundation:

• 61% of teens are concerned they might get involved in a car accident
• 82% of teen drivers say that they use a cell phone when operating a motor vehicle
• 42% say that they text message and instant message when driving
• 65% of teenaged drivers think that they are good motorists that pay attention when driving
• Parents are the #1 influence when it comes to teenage drivers

It is so important that teens aren’t distracted when driving. Learning how to drive safely and correctly is challenging enough without the dangers posed by cell phone conversations, text messages, alcohol, or drugs.

Washington DC has a graduated licensing program (Gradual Rearing of Adult Drivers) that imposes certain temporary restrictions on young drivers so that they can gradually gain experience. Also, DC drivers with a learner’s permit are banned from using any kind of cell phone while driving and all Washington DC drivers are prohibited from texting and talking on a handheld cell phone.

D.C. Tops New Ranking of Safest Places for Teen Drivers, US News & World Report, March 18, 2010
U.S. News Media Group and Allstate Insurance Company Release 2010 Best States for Teen Drivers, PR Newswire, March 18, 2010
Related Web Resources:
Teen Drivers, CDC
The Graduated Licensing Program, District of Columbia Department of Motor Vehicles
Allstate Foundation

33,963 US Highway Deaths in 2009, Reports US DOT

March 17, 2010 | Lebowitz & Mzhen

According to the US Department of Transportation’s National Highway Traffic Safety Administration, the number of US traffic fatalities dropped to 33,963 in 2009. That’s an 8.9% decrease from 2008 when there were 37,261 highway deaths. This is also the lowest that the US traffic fatality figure has dropped down to since 1994, and the 15th quarter in a row that there has been a decrease.

While National Highway Traffic Safety Administrator David Strickland called the continued decrease in traffic deaths encouraging, he says that the government will keep working hard to keep bringing the death toll down. The NHTSA took aggressive action last year to stop motorists from drinking with its Drunk Driving. Over the Limit. Under Arrest campaign. It’s Click It or Ticket campaign cited people for not putting on their seat belt. The federal government also made great strides toward discouraging distracted driving—especially cell phone use and text messaging while operating a motor vehicle.

Our Washington DC personal injury lawyers applaud the government’s effort to lower the number of traffic deaths. We also are in agreement that there is more than can be done to encourage drivers to operate their cars responsibly so that more vehicle occupants and pedestrians don’t get hurt or die unnecessarily.

Just last week, US Senate majority Leader Harry Reid’s wife and daughter were injured in a semi-truck crash near Washington DC. Landra Reid, 69, and Lara Barringer, 49, received medical attention after they were struck by a tractor-trailer.

Landra suffered a broken back, nose, and neck, while Lana, who sustained cuts, was examined by a neurologist because she has been experiencing dizziness. Trucker Alan W. Snader was charged with reckless driving for his role in the tractor-trailer crash.

Traffic Fatalities for 2009 Reach Record Low, NHTSA, March 11, 2010
Reid’s wife, daughter recovering from truck crash, Associated Press, March 16, 2010
Related Web Resources:

Early estimate of motor vehicle traffic fatalities in 2009, NHTSA (PDF)

District Department of Transportation

Injuries to Children: US Supreme Court to Rule On Whether Vaccine Injuries Allow for Products Liability Lawsuits

March 10, 2010 | Lebowitz & Mzhen

The US Supreme Court has agreed to determine whether a federal law protects vaccine manufacturers from certain kinds of products liability lawsuits in the event of vaccine injuries. The case involves 17-year-old Hannah Bruesewitz who, during the first 6-months after she was born was vaccinated against tetanus, diphtheria, and pertussis with 3 DPT vaccines. She would go on develop residual seizure disorder.

Because Hannah suffers from serious developmental impairments, her parents say that she will require a lifetime of care.

Russell and Robale Bruesewitz submitted their petition to the U.S. Court of Federal Claims. When their claim was turned down, they filed a dangerous drug lawsuit against vaccine maker Wyeth. They claim that the pharmaceutical company could have marketed a vaccine that was safer and included better warnings about its possible risks. The drug maker has denied that its vaccine caused the girl’s injuries. It has, however, discontinued the DPT vaccine.

In 2009, an appeals court determined that the National Childhood Vaccine Injury Act of 1986 preempted the Bruesewitz’s injuries to a child complaint. The act, which provides compensation for vaccine injuries, protects vaccine manufacturers from products liability complaints. An injured party cannot sue the vaccine maker if the side effects that were sustained were unavoidable and even if the vaccine came with the correct directions and warnings and was manufactured properly.

Oral arguments in the Supreme Court case, Bruesewitz v. Wyeth, 09-152, will likely take place in the fall. The nation’s highest court agreed to hear the case following decisions by lower courts that conflicted with one another. Some 5,000 claims are pending that link neurological damage to childhood vaccines.

High Court Wades Into Funeral Protests, Vaccines, Wall Street Journal, March 9, 2010
Court to decide if vaccine makers can be sued, Reuters, March 8, 2010
Related Web Resources:
Vaccines, Centers for Disease Control and Prevention
National Vaccine Injury Compensation Program (VICP), HRSA.gov

Washington DC Paramedics Under Investigation in Death of 2-Year-Old Girl

March 4, 2010 | Lebowitz & Mzhen

The D.C. Fire and Emergency Medical Services is investigating whether Washington DC paramedic errors occurred during the handling of a 911 call about a 2-year-old girl. The toddler was having breathing problems early on the morning of February 10 when paramedics arrived to examine her.

The girl was not taken to the hospital and the paramedics left. About nine hours later, another 911 call was made about the same 2-year-old. This time, she was transported to Children’s National Medical Center. The girl died the next day.

Now, questions have surfaced as to why paramedics didn’t take her to the hospital sooner. A number of emergency workers who responded to the 911 call have been placed on administrative leave while the investigation takes place.

Washington DC Paramedic Malpractice

EMT’s and paramedics are often the first line of defense when it comes to saving the life of a person who is having a medical emergency. People don’t usually contact 911 for a minor medical symptom. Usually, there is a life or death situation occurring and someone needs medical help immediately.

Failure to provide that immediate medical care and evaluation can prove fatal—especially when a paramedic arrives at the scene and wrongly diagnoses a situation so that the patient doesn’t get the proper medical care that could save his/her life.

This is not the first time DC paramedics have come under scrutiny for their handling of emergency situations. In 2008, 38-year-old Edward L. Givens was examined by paramedics at his Northeast Washington residence. The paramedics left 12 minutes after arriving. He died from a heart attack hours later.

In 2006, paramedics failed to rush New York Times Reporter David E. Rosenbaum to the hospital after he was beaten and mugged. The medical workers thought that he was drunk. He died from his injuries. Rosenbaum’s family has settled their Washington DC wrongful death lawsuit with the District.

D.C. EMS faces review in death of girl, 2, The Washington Post, March 4, 2010
DC Medic Did Not Fill Out Paper Work In Child Death Case, 9 News Now, March 4, 2010

Toyota President Goes to Washington DC and Apologizes for Acceleration Problems

February 27, 2010 | Lebowitz & Mzhen

In Washington DC on Wednesday, Akio Toyoda, the president of Toyota Motor Corp., appeared before the US Congress to apologize over the acceleration and brake issues that has led to the recall of more than 8.5 million vehicles in less than six months. Toyoda is the grandson of Toyota’s founder.

In front of the Committee on Oversight and Government Reform, Toyoda took responsibility for the company’s failure to properly acknowledge and deal with the issues that have allegedly injured and killed so many. The US government has opened a criminal probe into Toyota’s handing of the safety issues.

According to the Los Angeles Times, at least 56 deaths are linked to Toyota’s sudden untended acceleration problems, and not all of the Toyota vehicles involved in these deaths have been recalled. The National Highway Traffic Safety Administration has received complaints regarding 34 of these fatalities, while another 22 Toyota-related deaths were identified in police reports and auto products liability complaints over wrongful deaths.

Washington DC Slip and Fall Accidents Can Cause Hip Injuries, Broken Bones, a Strained Back, and Other Painful Injuries

February 23, 2010 | Lebowitz & Mzhen

Washington DC slip and fall, step and fall, and trip and fall accidents can cause serious personal injuries that are painful and debilitating. While a fall accident at ground level may sound harmless enough, it can lead to traumatic brain injury, spinal cord injury, and even death.

The Centers for Disease Control and Prevention says that more than 17,000 people in the US die because of trip and fall and slip and fall accidents. 15% of work injuries also occur during these types of falls.

Property owners, including business owners, landlords, homeowners, and the owners of public properties, are supposed to make sure that there are no hazards on a premise that can cause a trip accident, a slip accident, or a fall accident. When failure to clean up the danger and/or to warn about the hazard results in an accident, the injured party may have grounds for filing a Washington DC slip and fall accident lawsuit.

Washington DC Denture Cream Injuries: GlaxoSmithKline Says Zinc Will No Longer Be An Ingredient In Super Poligrip

February 18, 2010 | Lebowitz & Mzhen

GlaxoSmithKline PLC says it is taking “voluntary, precautionary” measures by removing zinc from all of its denture creams. The pharmaceutical company acknowledged that health issues have been linked to long-term excessive use of denture adhesive products that contained zinc in them. However, a Glaxo spokesperson noted that its denture creams are safe if used as instructed and that it is only excessive use over an extended period of time that causes neurological symptoms.

Currently, Glaxo is the manufacturer of the Super PoliGrip line, including Original, Extra Care, Ultra Fresh, and the zinc-free Super Poligrip Comfort Seal Strips, Free, and Powder. Approximately 8.5 million people use these poligrip products.

However, the concern that long-term use of denture creams with zinc is causing neurological damage, including crippling nerve injuries, is growing. Already, dozens of people have filed products liability lawsuits alleging denture cream injuries.

220 Washington DC Abuse Allegations Against Teachers Reported during ’08 – ’09 Academic Year

February 13, 2010 | Lebowitz & Mzhen

According to police, school officials reported 220 incidents of teachers allegedly physically or verbally abusing students in an attempt to discipline them. Acts of corporal punishment allegedly included slapping, choking, shoving, and kicking. The Washington Post obtained information about these abuse allegations using the Freedom of Information Act.

There is no clear information as to whether teachers were disciplined or charged criminally for assaulting the students or if follow-up investigations ensued. However, according to Schools Chancellor Michelle A. Rhee, some of the teachers laid off last October had physically assaulted or had sexual relationships with students or missed 78 school days.

Under District law, teachers are allowed to use force against a student in order to defend others, as an act of self-defense, or to keep order. Principals are required to report any allegations of sexual misconduct or corporal punishment by teachers to a private security system, whose officers must then report the incidents to police.

Injuries to Minors

If you believe that your child was the victim of unnecessary use of force by a teacher or anyone else, you may be able to file a Washington DC injuries to minors claim on their behalf. Teachers are in a position of power when it comes to supervising their students. This does not mean that they can abuse that power by verbally abusing, molesting, or physically assaulting a student. Physical, mental, and emotional injuries may result that can damage the child.

School officials have a duty of care to ensure that students are not harmed while on the premise. Failure to remove any hazardous conditions or dangerous persons from the school grounds may be grounds for a Washington DC injury lawsuit if injuries result.

D.C. school officials reported 220 abuse allegations against teachers, The Washington Post, February 9, 2010
Related Web Resources:
Freedom of Information Act, USDOJ.gov

Washington DC Schools

DC Teachers Allegedly Abused Kids Hundreds of Times: Post, NBC Washington, February 9, 2010