Washington DC Injury Lawyer Blog

Washington DC Metro Train Accident Death Count Goes Up to 9 Fatalities

June 24, 2009 | Lebowitz & Mzhen

Investigators are working hard to determine the cause of Monday’s deadly DC Metro train accident that officials are calling the worst in Metrolink’s history. The death toll has risen to 9 fatalities—although Washington Mayor Adrian Fenty says emergency officials don’t believe any more bodies will be found in the wreckage from the Red Line collision. More than 70 people were sent to hospitals for their injuries following the rush hour train crash.

According to officials, Train 112, the train that hit another train close to the Fort Totten Station, contained six of the oldest rail cars in the fleet. The train cars belonged to the Series 1000 models from the 1970’s. Several years ago, the National Transportation Safety Board recommended that the Washington Metropolitan Area Transit Administration replace these cars because their ability to withstand a train crash was uncertain. The transit agency, however, refused to retire the trains or strengthen their frames (which could have decreased the risk that they would collapse during a collision) because of cost concerns. Also, the trains were going to be retired in 2014.

The 290 1000 series cars comprise over 25% of Metro’s 1,126-car fleet. During Monday’s train crash, part of train 112’s lead car ended up on the roof of Train 214’s trailing car. The impact of the crash crushed 2/3rds of Train 112’s lead car.

Train 112 was operating automatically at the time of Monday’s train collision and evidence indicates that train operator Jeanice McMillan, who was among the fatalities, activated the emergency break before the train accident happened. McMillan, 42, had only three months’ experience as a train operator prior to Monday’s devastating wreck. National Transportation Safety Board chairwoman Deborah A.P. Hersman says that investigators are examining whether McMillan was tired, having health issues, or was talking on a cell phone or text messaging when the DC train accident happened.

Based on the current information and evidence that is available, experts say that the train crash may have occurred because of operator error, a faltering computer system, brake failure, or a combination of these factors. The Washington Post is reporting that Train 112 may have been two months past due for brake maintenance.

Unfortunately, because train 112 is an older train, it does not have a “black box.” The train that was struck is a newer train that was carrying a data recording device. Hersman says that the NTSB is examining a number of other issues, including system maintenance, personnel training, and the train tracks’ condition. Search, recovery, and investigation efforts are seriously affecting travel from the Maryland suburbs to downtown Washington DC.

Toll rises to 9 in D.C. rail crash, The Baltimore Sun, June 24, 2009
Train Operator Apparently Hit Brakes Before Crash, Washington Post, June 24, 2009
Related Web Resources:

Washington Metropolitan Area Transit Authority

National Transportation Safety Board

At Least Seven People Killed in Washington D.C. Metrorail Train Crash, Dozens Injured

June 23, 2009 | Lebowitz & Mzhen

Residents of Washington D.C., Maryland and surrounding areas are still reeling from news of a tragic commuter train crash that killed at least seven people and injured dozens more last night. For reasons not completely known, a Metrorail Red Line train collided at what appears to be a high rate of speed with a second, stopped train during Monday’s peak evening commute. The violent crash caused the moving train to jackknife, throwing several of its cars up and onto the top of the other train. According to reports, this “mass casualty event” is the worst train accident in the District of Columbia since 1982.

As a Maryland personal injury and car accident attorney, I have personally traveled on this particular Metro line many times in the past. As commuters, we all expect to travel in relative safety on subway trains and city buses. Ruling out any terrorist connection, this accident could have resulted from driver error or possibly faulty equipment on the tracks, or even the trains themselves.

Whatever the cause, the results are terribly sad for the families of those unexpectedly killed and painful for those hurt or hospitalized. Injuries from accidents like this can range from bumps and bruises to broken bones, traumatic brain injuries or damage to the spinal column.

News reports indicated that seven people have been confirmed killed and that more fatalities may be forthcoming. Initially, six people were confirmed dead, including the operator of the trailing train, Jeanice McMillan of Springfield, Virginia. Fire Chief Dennis Rubin said rescue workers treated 76 people at the scene and sent some of them to local hospitals.

So far, officials have no explanation for the accident. The National Transportation Safety Board (NTSB) is in charge of the investigation, while DC police and the FBI also have personnel at the scene. Normally, these trains should maintain a safe distance between each other, and it is not yet clear what went wrong.

There was also no official statement regarding how fast the one train was traveling before it hit the other waiting train, although the crash happened in a long stretch between rail stations where trains typically allowed to travel at higher speeds, according to a Metro spokesperson. Meanwhile, investigators are also searching the wreckage for the “black box” recording devices carried onboard these trains, which may hold answers to this horrendous event.

Family Plans for Wrongful Death Lawsuit Against the District for Woman’s Murder

June 10, 2009 | Lebowitz & Mzhen

The father and sister of Erica Peters, the woman who was murdered along with her two children in her apartment on March 21, are planning to sue the District for her wrongful death. The plaintiffs are contending that the 911 dispatcher and police may have botched their handling of an emergency call that was made on the afternoon that Peters, along with her sons, Eric, 11, and Dakota, 10, were killed.

Peters reportedly was stabbed more than 20 times. Her two sons were also stabbed. Joseph Mays, Peters’ live-in boyfriend, has been charged with all three murders.

Her family also believes that he isn’t the only one that should be held liable for the triple slaying. They think that the 911 dispatcher that answered the call made from inside Peters’ apartment may have told a cop that the screams heard over the phone could have been “child’s play.” Her family also thinks that police waited anywhere from 30 minutes to an hour and a half after no one answered the door before breaking into the home.

That is when they found the bodies. Mays, who was also in the apartment, sustained superficial chest wounds. The couple’s 2-year-old girl was also there and alive.

Wrongful Death for Murder

If someone you love was murdered, you may have grounds for filing a wrongful death lawsuit against the person that actually committed the crime. There also may be other parties that can be held liable for your loved one’s wrongful death—even if he or she didn’t commit the actual crime. For example, a wrongful death claim can be brought against a premise owner for the inadequate security that allowed for a crime to occur on a property, or police or a city can be sued for wrongful death if negligence on their part allowed for a murder to occur.

Family Suing Over D.C. Triple Murder, MyFoxDC, June 8, 2009
Charges Are Filed In Triple Stabbing, The Washington Post, March 23, 2009
Related Web Resources:
Wrongful Death Overview, Justia

Dad Files $200 Million Washington DC Personal Injury Lawsuit Accusing Lead in Water of Causing Twins’ Lead-Related Health Issues

February 18, 2009 | Lebowitz & Mzhen

In Washington DC, the father of eight-year-old twin boys is suing the DC Water and Sewer Authority for $200 million. John Parkhurst says that his children have learning and behavioral problems because they were affected by the high levels of lead present in the city’s waters from 2001 through 2004. Parkhurst, who filed his personal injury case in DC Superior Court, hopes that the case will become a class-action lawsuit.

According to the DC injuries to minors lawsuit, when his sons were babies they were fed formula and food that were mixed with tap water. At age 2, the boys had a medical checkup that revealed signs of lead poisoning. Parkhurst’s complaint accuses WASA officials of concealing the fact that the elevated levels of lead in DC waters would eventually prove to be a serious health concern.

Just this year, a new study found that about 42,000 District children were exposed to high levels of lead in the city’s tap water from 2000 to 2003. Many of these children would have been under 3 years of age or in their mothers’ wombs at the time.

Hundreds of Washington DC Children May Have Been Exposed to High Levels of Lead in City’s Tap Water

January 27, 2009 | Lebowitz & Mzhen

A new peer-reviewed study to be published in the Environmental Science and Technology raises worries that some 42,000 Washington DC kids, now ages 4 to 9, may have been exposed to high levels of lead during the 2001 water crisis. Many of these children were two years of age or in their mothers’ wombs at that time. According to experts, toddlers and fetuses are most at risk of suffering permanent brain damage from lead poisoning.

The study is based on findings from an analysis of thousands of kids’ blood tests from 2000 to 2003. In some DC neighborhoods, the number of infants and toddlers with blood-lead concentrations that could lead to developmental delays and a permanently lowered IQ more than doubled after record breaking levels of lead began entering the city’s tap water supply.

The addition of a new chemical to the water treatment is what caused the increase in lead concentration. In 2003, DC residents were warned about this problem and were advised to use alternative sources of drinking water.

The new study’s results are counter to what federal and DC officials have said since 2004 when they admitted that although the levels of lead in the city’s water were very high, they did not think that this would significantly impact people. Now, public health officials are claiming that they just didn’t have the information at the time to show that there could be a problem.

According to studies, lead poisoning can cause kids to experience a decrease in IQ, as well as exhibit aggressiveness. One reason that babies in the womb and toddlers are highly succepetable to injuries from lead poisoning is that their brains are not yet fully developed. They can also more easily absorb and ingest more toxic metal than older children and adults.

According to FamilyDoctor.org:

• Excessive levels of lead in a child’s body can lead to problems with kidneys, brain, or bone marrow.

• Lead poisoning can lead to behavioral problems, attention difficulties, learning problems, and a drop in IQ.

High Lead Levels Found in D.C. Kids, Washington Post, January 27, 2009
Lead Poisoning in Children, FamilyDoctor.org
Related Web Resources:

Environmental Science and Technology

Kids’ Pages, National Institute of Environmental Health Sciences

Washington DC Man Dies After Paramedics Diagnose Acid Reflux

December 8, 2008 | Lebowitz & Mzhen

In Washington DC, a 39-year-old man died at his home on Wednesday, just hours after paramedics told him that he was suffering from acid reflux and didn’t need to go to the hospital. Now, authorities are trying to determine whether Emergency Service workers misdiagnosed Edward Givens’s condition and if this contributed to his death.

Givens’s mother, Lolitha, says that on Tuesday night, Edward told family members to contact 911. He was on the floor complaining of pains in his chest. He also said he was having problems breathing. At 11:40pm, an ambulance and fire truck from Engine 30 arrived at the home carrying three firefighters, who had emergency training, and a firefighter-paramedic.

The firefighters reportedly checked Givens’s vitals and conducted an electrocardiogram. Findings were normal. When the EMT’s found out Givens had eaten a burger, they recommended that he take antacid. They left soon after.

Lolitha says the paramedics refused to take her son to the hospital because they didn’t think his symptoms required additional care. Not even six hours later, however, family members contacted 911 again after they saw that Edward had stopped breathing.

Givens’s relatives say that the father of two might still be alive if EMT’s had followed procedures and taken him to the hospital. The DC Medical Examiner’s Office is expected to conduct an autopsy and issue its findings into his cause of death. According to DC Fire and Emergency Medical Services protocol, paramedics are supposed to take any patient who wants to go to the hospital.

Wrong Diagnosis

If a medical professional gave the wrong diagnosis of your loved one’s condition or failed to give him or her the proper care, your loved one may have grounds to file a medical malpractice claim for damages. If your loved one died because of medical negligence, you may have grounds to file a Washington DC wrongful death lawsuit.

Man Dies at Home After Paramedics Diagnose Acid Reflux, Washington Post, December 4, 2008
Misdiagnosis May Have Been Death Sentence for District Man, WJLA, December 3, 2008

Related Web Resources:

DC Fire and Emergency Medical Services

Rosenbaum Lawsuit Settled, Washington Post, December 21, 2007

Unidentified ER Doctor Accuses Washington DC Nursing Home of Severe Neglect

December 1, 2008 | Lebowitz & Mzhen

According to ABC 7/NewsChannel, an emergency room doctor who wishes to remain anonymous claims that he regularly sees patients from the Grand Park Care Center who are on the verge of death due to nursing home neglect. The nursing home residence is located in Washington DC’s NE.

The ER doctor says that a number of the DC nursing home’s residents have come to him with acute kidney problems, severe pneumonia, malnutrition, and dehydration. The doctor says these conditions are signs that the patients are being neglected.

Following his nursing home neglect allegations, the ABC 7/NewsChannel looked at the D.C. Department of Health’s inspection reports from February and May 2008 and found that a number of deficiencies were noted at the Grand Park Care Center, including the failure to tell a physician that a resident was suffering from dehydration. There were also residents who were reportedly suffering from anemia and weight changes.

According to DC Long Term Care Ombudsman Jerry Kasunic, his team has filed over 100 complaints against Grant Park and says the DC nursing home is one of the “worst” he has encountered. He says dehydration and unattended wound care have led to malnutrition.

Grant Park Executive Director Sandra Durham says the nursing home staff remains committed to improving the quality of service that it provides residents. The home has also reportedly retained the services of a new compliance officer and nursing home director.

Malnutrition and Dehydration

Nursing home residents suffering from malnutrition and dehydration can be prone to serious side effects and illnesses, including a weakened immune system, memory loss, pneumonia, bedsores, muscle mass loss, infection, organ function impairment, anemia, urinary tract infections, pneumonia, and death. Malnutrition and dehydration often occur at care facilities because of nursing home neglect.

Doctor Gives D.C. Nursing Home Failing Grade, WJLA.com, November 26, 2008

Related Web Resources:

Grand Park Care Center, Hospital-Data.com
Washington DC Department of Health

Two Kids Suffer Burn Injuries in Washington DC Apartment Complex Playground

September 3, 2008 | Lebowitz & Mzhen

Two kids suffered burn injuries in Washington DC on Monday during a fire accident on a playground at the Columbia Heights Village Apartment Complex. Neighbors blame careless workers for leaving a can of gasoline at the playground.

Police say that a boy was playing with the can of gas when the fire started. A little girl sitting on a bench got burned and was later hospitalized. Neighbors say they called emergency crew members when they heard screaming.

According to The Burn Institute:

• Children younger than 5 are two times as likely as other people to die in a fire accident.
• Children are at highest risk of dying from their burn injuries.
• Playing with fire is the number one cause of death for very young children.

• 18-month old toddlers have been known to start serious fires.

Property owners and managers and those in charge of overseeing job sites, public events, public areas, and other premises frequented by kids, patrons, employees, visitors, and others are supposed to make sure that there are no unsafe conditions on a premise that can lead to serious injuries or deaths.

Common causes of fire injures to children younger than 15:

• Fireworks
• Ovens
• Curling irons
• Heaters
• Matches and lighters
• Hot liquids and hot foods
• Household appliances
• Defective electrical products
Kids Playing with Fire Leave Two Hurt in D.C., MyFoxDC.com, September 2, 2008
Burn Injury Fact Sheet, CT Safe Kids

Related Web Resources:

The Burn Institute

Fire Deaths and Injuries: Fact Sheet, CDC

Teenager Files $10 Million Personal Injury Lawsuit Against Washington DC For Rape in Clinic

June 19, 2008 | Lebowitz & Mzhen

A DC teenager, who was raped by a counselor at a Pennsylvania clinic in 2005, has filed a federal lawsuit suing Washington DC and nonprofit group KidsPeace Corporation for personal injury. The girl, who is a former ward of the city, had been consigned to the clinic, which is run by KidsPeace. In her lawsuit, the teenager says she was sent to the KidsPeace clinic despite reports of previous abuse incidents at the Pennsylvania site.

The plaintiff alleges that the city therefore plaid a role in allowing the brutal sexual assault incident to occur. KidsPeace counselor, Jerry McChristian, has admitted to raping the girl, and he pled guilty to institutional rape in 2006.

This is not the first report of children under welfare becoming the victims of abuse, and Washington DC has agreed to send less children to remote clinics. Just this month, a monitor appointed by the US Congress reported that children at a Florida clinic were being treated like “garbage.” DC officials only found out about the abuse through media reports. In 2007, schools Chancellor Michelle Rhee found out that several children under KidsPeace’s care had suffered broken arms while under “therapeutic restraint.” Rhee is no longer sending kids to KidsPeace clinics.

Sexual Assault Crimes and Negligent Security

If you were sexually assaulted on a premise, you may be able to hold the landlord, property owner, premise manager, or another party liable for the harm that you have suffered. Premise manager, owners, or any entities in charge are supposed to implement the proper safety measures to make sure that no physical or property crimes are committed so that visitors, patrons, patients, customers, and employees do not get hurt, assaulted, raped, robbed, or murdered while on a premise.

If there is has been a history of crimes committed on the premise or in the area, then the premise owner or manager must secure the property so that similar crimes cannot happen again. If you or your child has been placed under the care of a government entity, and you were injured because they were negligent in their hiring of staff or they failed to implement the proper safety/security measures, you may be able to sue the liable party or parties for personal injury.

Our Washington DC personal injury law firm can help you explore your legal options.

Teen sues D.C. for $10M, saying city put her in clinic where she was raped, Examiner.com, June 19, 2008
Ex-KidsPeace counselor admits to sex with teen, Isaccorp.org, July 20, 2006
Youth Counselor Sentenced in Sex Case, Action News, November 30, 2006

Related Web Resources:

KidsPeace lays off 79 employees, Mccall.com, October 20, 2007

Planned Parenthood In Washington DC Sued For $50 Million By Mother Of Teenager That Had Botched Abortion

May 30, 2008 | Lebowitz & Mzhen

The mother of a teenaged girl is suing a Planned Parenthood in Washington DC for $50 million over a failed abortion. Shantese Butler, was just 13-years-old when her mother Emma Jean Butler took her to Planned Parenthood Metropolitan in September 2005 to have an abortion.

Shantese had gotten pregnant after being raped. The abortion left her with serious physical injuries, including a vaginal injury, abdominal bleeding, a cervical injury, uterine perforation, and a bowel tear. An exam the day after the procedure showed that parts of the fetus had been left inside her. Because of her injuries, Shantese can never have children.

Students for Life of America Director Kristan Hawkins say that Planned Parenthood denies responsibility for Shantese’s infertility and abortion-related injuries. Planned Parenthood says that Emma Jean’s claims are barred by assumption of risk and informed consent doctrines.

If you or someone you love was injured during a medical procedure, you should contact our Washington medical malpractice law firm today. We can determine whether a doctor, surgeon, hospital, nurse, or another medical provider was negligent or careless. You may have grounds to file a medical malpractice claim against all negligent parties.

Just this month, a Nebraska Planned Parenthood settled a personal injury lawsuit filed by a woman who also suffered injuries from a failed abortion. The woman nearly died when she experienced severe blood loss and a perforated uterus from the procedure. She has described the abortion as excruciatingly painful and three Planned Parenthood workers held her down while the Dr. completed the procedure. She had to be rushed to the emergency room after the abortion and a hysterectomy was performed.

Planned Parenthood Sued for $50 Million for Injuring Teen in Failed Abortion, Lifenews.com, May 28, 2008
Planned Parenthood in Nebraska Settles Near-Death Botched Abortion Lawsuit, Lifenews.com, May 27, 2008
BUTLER et al v. PLANNED PARENTHOOD METROPOLITAN WASHINGTON, D.C., INC., Justia.com

Related Web Resources:

Planned Parenthood