Tag Archives: Philadelphia Personal Injury Lawyer

The New Science of Traumatic Brain Injury Treatment

Between our catastrophic injury and birth injury practices, we spend a lot of time at the firm immersed in the science and medicine of brain damage. Just as consciousness and dualism have vexed philosophers for ages (* see my comment), the real causes and treatment of brain injury have remained elusive for generations. There's a reason for the phrase 'not exactly brain surgery' — brain surgery is notoriously unpredictable. After reading Jane Rosett's compelling article in The New York Times about 'starting again' after injuring her right temporal lobe in a car accident (sample: "traumatic brain injuries destroy connections between and ... Continue Reading

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Philadelphia’s Complex Litigation Center Under Attack Again

[UPDATE II, February 7, 2012: Mike Tremoglie at Legal News Line (which is owned by the U.S. Chamber of Commerce's Institute for Legal Reform) has published two follow-up stories in which I was quoted, one about the issue in general, and one about follow-up data the ICLE published on the location of plaintiffs in Philadelphia mass torts cases.] [UPDATE, December 3, 2011: More than a month after my post, the Wall Street Journal chimed in with an editorial parroting the "study" I discussed below. The WSJ, too, noted that, in medical malpractice trials, "Philadelphia juries find in favor of plaintiffs more often ... Continue Reading

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PA Workers Injured In Car Accidents Can Now Recover UIM Benefits

It's a common occurrence: an employee is out on the road as a driver, passenger, or pedestrian as part of their job when they are hit by a car. It’s particularly common for municipal employees like police officers and for delivery drivers and highway workers because they are, of course, out on the road and in danger a lot more than the rest of us. The next legal step is routine: the injured employee files a claim for workers’ compensation, which will cover some medical expenses and some fraction of their salary, and then files suit against the driver that ... Continue Reading

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The Perils Of The Never-Ending Personal Injury Trial

Last week The Times Leader in Wilkes-Barre reported: A federal jury on Tuesday ruled against an area woman who was seeking more than $20 million from Toys R Us for injuries she allegedly suffered when an oversized candy dispenser fell and struck her in the head. The jury, which heard from several dozen medical and other experts over a six-week trial, deliberated for about two hours before finding the national toy store chain was not negligent in connection with the Oct. 26, 2008, incident involving Dr. Mary Elizabeth Jordan Flickinger of Clarks Summit. Flickinger alleged she suffered debilitating injuries, including ... Continue Reading

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Parx Casino’s Potential Liability For Children Left Unattended In Cars

The Inquirer has an interesting article about Parx Casino and its "dubious distinction of being the only gambling hall in Pennsylvania where adults have been caught leaving children in vehicles parked outside while they gambled inside":   In the last 17 months alone, Parx - Pennsylvania's top-grossing casino - saw 10 individuals arrested on its property and charged with endangering the welfare of children left in vehicles while the adults gambled inside. In just the last week: Michael Roytman, 29, of Huntingdon Valley was charged with leaving his 6-year-old daughter in his car in sweltering heat and was jailed after ... Continue Reading

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Massive Emergency Room Malpractice Award For Noncompliant Patient

I’ve written several times before about where multi-million dollar jury verdicts come from, like in A Look Behind The Scenes Of A Multi-Million Dollar Personal Injury Verdict and Strange Birth Injury Award: $21M Medical Expenses, $0 Pain and Suffering. There’s no secret recipe. Facts win cases; outrage at the defendant’s reckless conduct makes the damage awards larger. Another example was published yesterday in The Legal Intelligencer: A Philadelphia jury awarded $21.4 million on Friday to a diabetic man with brain damage over the care he received in the emergency room of Temple University Hospital. …   The defense argued in ... Continue Reading

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Did Ryan Dunn’s Passenger Assume The Risk Of Riding With A Drunk Driver?

Big news across the internet yesterday after "Jackass" star Ryan Dunn and a passenger died in an early-morning one-car crash out near West Goshen, Pennsylvania: Dunn, 34, of West Chester, was reportedly driving his 2007 Porsche at 2:38 a.m. on the Route 322 bypass westbound in the area of Route 100 when he went off the road, according to statement issued Monday morning by West Goshen Township police. Police said that upon arrival they found the car off the road in the woods engulfed in flames. Scorch marks were still visible at the scene just before noon on Monday, as ... Continue Reading

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Philadelphia Judicial Primary Candidates 2011 – A Short Guide

[Update: this post was from the primary in May, but I've seen a steady stream of traffic to it recently with the election coming up. Here's my updated guide for the election itself in November.] In the majority of civil lawsuits and criminal prosecutions, there is only one judge who ever matters: the trial judge. Because most lawsuits and prosecutions occur on the state, not federal level, that means that, for most Philadelphia residents, they will only ever have their rights enforced by one person: a Philadelphia Court of Common Pleas Judge. Sure, our legal system has a lot of ... Continue Reading

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Junk Science: Court Wrongly Holds Vinyl Chloride Can’t Cause Cancer

  [Update, May 31, 2013: The Pennsylvania Superior Court, reviewing the case on appeal, ordered the trial court to further explain the basis for entering nonsuit against the plaintiffs. It's not a victory, exactly, but it's a step in the right direction, and perhaps a prelude to reversal (or the trial judge reconsidering his opinion).]   Everyone remembers the “just one word” of advice in The Graduate: “plastics.” Most everyone has also heard the term “junk science,” coined as a smear against plaintiff’s experts in environmental contamination cases. The purpose the “junk science” campaign was obvious: huge corporations were finally ... Continue Reading

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Proving Intoxication In Auto Accident Lawsuits Despite Legal Blood-Alcohol Levels

We personal injury lawyers see some recurring fact patterns, particularly for the spinal cord and brain injury cases. The fatigued tractor-trailer driver driving beyond the FMCSR hours. The fully loaded passenger van rollover. The scaffolding collapse at a construction site. Commercial vehicles and equipment drive our modern economy, but they do so with more than enough force to maim or to kill if not used carefully. But nothing beats alcohol, the “social lubricant,” which can turn even the most mundane situation into a crippling or fatal tragedy. Cars, guns, and bodies of water are inherently dangerous anyway — for any ... Continue Reading

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