July 3, 2009

In Pennsylvania The Superior Court Holds That A General Practice Physician Can Face A Medical Malpractice Claim If He Has A Sexual Relationship With A Patient While Providing The Patient With Psychological Care

The Pennsylvania Superior Court in a 6 to 3 majority decision stated that there is no reason to differentiate between general practitioners and a psychiatrist when rendering psychological care. The court ruled that both doctors maintain the same degree of trust. The doctor in the case before the Court prescribed psychiatric medicine, namely anti-depressants and anti-anxiety medications, and engaged in a sexual relationship with his patient while treating that patient for anxiety, depression or other psychological issues. The treating physician should not exhibit behavior leading to an extra-marital affair. The opinion stated “because of a patient’s often inferior knowledge about medicine and related conditions, a health care professional often has a position of superiority over his client.” As such, it is very common that the patient is in a vulnerable position and as a result, puts a high degree of trust and confidence in his/her doctor. In a prominent case that gained national attention many years ago, the experienced medical malpractice lawyers of the Philadelphia law firm of Reiff and Bily successfully recovered in excess of $1.4 million dollars for a client who was sexually assaulted by her treating psychiatrist.

If you believe that your doctor acted improperly by engaging in illicit sexual behavior or an extramarital affair while you were being treated for a psychological problem, anxiety, depression, or marital discord, you would be well advised to seek the advice of an experienced medical malpractice attorney. For a free no obligation consultation, please contact one of our experienced medical malpractice attorneys at 1-800-421-9595 or online at www.reiffandbily.com.

July 1, 2009

Improperly Designed, Maintained or Constructed Swimming Pools Many Times Lead to Tragedy

Unfortunately every year over 1,000 children will drown in a swimming pool accident. Most of these accidents or drownings are easily to preventable. Beside the 1,000 deaths, it is estimated that almost 60,000 people last year required emergency room treatment for injuries sustained with swimming pools, swimming pool slides and diving boards. A person can drown in under 2 inches of water and die or sustain brain damage with submersion for a mere few minutes. Last year a new federal law went into effect requiring swimming pools to have covers over drainage systems to prevent drain suction from trapping swimmers under water or from sucking their innards out, a strange but true phenomena. Though the law took effect six months ago, I’m betting many pools have not brought themselves up to code in the current economic environment. Some experts and other sources informed me that many municipal pools are “still working on the problem” and have not yet complied with the federally mandated requirement. There is no excuse to allow anything other than a safe swimming pool environment to exist. Most state and local officials affirm they will check pools but stress they do not have the power to close pools. Unfortunately, there is still not a formal system or requirement for state or local officials to send information to Washington to ensure that pools are in conformance with the new regulations set forth by the Consumer Product Safety Commission.

If you or a loved one has been injured in a swimming pool or water park accident, please contact the experienced swimming pool and amusement injury lawyers at the Philadelphia personal injury law firm of Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com for a free no obligation consultation. We have been committed to representing consumers’ rights successfully since 1979.

June 29, 2009

Dramatic Increase In The Number of Deaths Among Motorcyclists Aged 40 And Older – Philadelphia Motorcycle Lawyer Weighs In On Preventative Safety

Over the past few years not surprisingly many older and affluent riders have purchased motorcycles. Many of these self proclaimed “masters of the universe” go out and purchase the biggest and “best” bike that they can afford and too often take the highways with very little or no experience on a smaller bike let alone a larger and unwieldy motorcycle.

Over the past 10 years, motorcycle fatalities and catastrophic injury have been increasing at a more than nominal rate. According to NHTSA, in 2007 5,154 motorcyclists died in crashes, up 6.6% from 4,837 in 2006. Now motorcycle fatalities are at their highest level since NHTSA began collecting data in 1975. From 1997, an historic low, to 2007 motorcycle fatalities rose 144%. According to NHTSA research, older motorcyclists now account for more than half of all motorcycle fatalities. Obviously, motorcycles are by their nature less safe than an automobile or other closed vehicle. Operating a motor vehicle requires a different combination of physical and mental skills.

Continue reading "Dramatic Increase In The Number of Deaths Among Motorcyclists Aged 40 And Older – Philadelphia Motorcycle Lawyer Weighs In On Preventative Safety" »

June 26, 2009

$18,349,391 Verdict Against Ford Motor Company For Alleged 15-Passenger Van Design Defect; Jury Found Ford 100% Responsible

A San Francisco jury rendered a verdict in the amount of $18,349,391 against Ford Motor Company following a 3 week product liability design defect trial in San Francisco. The jury determined that the seat latch system of the Ford 350 Econo van was defective after a 39-year old musician with the band Subtle was rendered a quadriplegic after the Ford 15-passenger Econo van rolled over on an icy road. The 39-year old musician, Dax Pierson, suffered severe spinal injuries when the Ford 15-passenger van that the band was traveling in ran off an icy highway and rolled over in a ditch on February 24, 2005. Pierson sued Ford for creating a defective seat latching mechanism that caused the seat to become loose resulting in his head hitting the roof of the rolled over van. The Ford Motor Company argued during the trial that the design was not defective and that the van driver was partly at fault. The accomplished lawyers representing the injured plaintiff, Dan Dello’Osso, along with Kevin Quinn and James Doyle, are applauded by the 15-passenger van and SUV rollover lawyers at Reiff and Bily who have known for a long time simply that the 15-passenger van is one of the most unsafe vehicles on the road and suffers from multiple design defects.

June 24, 2009

Ghoulish Funeral Home Discovery Leads To Criminal Sentencing Of Funeral Director

According to a recent newspaper article published in Canada a funeral director delivered to a grieving daughter remains other than those that were supposed to be those of her mother. Instead, the grieving daughter, Ellen Johnson, received someone else’s remains and has no idea what happened to her mother’s body after she died. The funeral director was charged with 34 counts of fraud and 2 counts of negligence with respect to the proper care of human remains and indignities to human remains. According to news sources, the funeral director’s lawyer indicated that he will plead guilty to 38 charges.

Ellen Johnson, the daughter of her deceased mother, Jessie, was quoted as saying “This is a nightmare. First you find out the ashes aren’t yours and then you wonder what he did do and how he did he do it and how did he keep all these bodies all this time. Were they kept in a proper facility?” It turned out that the funeral director has been operating a funeral home without a license from between 2003 and 2005. The investigation revealed that a number of the funeral director’s clients were given ashes other than the remains of their loved ones.

Continue reading "Ghoulish Funeral Home Discovery Leads To Criminal Sentencing Of Funeral Director" »

June 22, 2009

Philadelphia Veterans Affairs Hospital Treated Cancer Incorrectly

According to sources and news reports, the Philadelphia V.A. Medical Center gave incorrect radiation doses to 92 veterans treating for prostate cancer during a six year period at the Veterans Affairs Medical Center in Philadelphia. The incorrect cancer treatment cases involve brachytherapy which involves implantation of radioactive seeds used to kill cancer cells. Most of the veterans received significantly less of the prescribed dose while others received excessive radiation to nearby tissues and organs causing catastrophic injuries or wrongful death. The New York Times characterized the Center as “a rogue cancer unit “.

The Philadelphia Inquirer noted that treatment errors occurred in 92 out of 114 cases. The Philadelphia V.A. Medical Center has taken all steps to prevent the terrible incidents of medical malpractice from occurring again.

Our hearts and thoughts go out to the unfortunate victims of medical malpractice and negligence that occurred at the Philadelphia V.A. Medical Center. The victims and their families would be well informed to seek the services of an experienced medical malpractice lawyer to investigate and evaluate their claims.

Reiff and Bily are experienced Philadelphia medical malpractice lawyers who offer a no-obligation, free consultation concerning victims rights and potential remedies. Please feel free to call us at 1-800-421-9595 or online at www.reiffandbily.com.

June 22, 2009

Railroad Crossings: A Very Dangerous Environment For Car Accidents

A little over 30 years ago, a dear friend of mine was struck and killed by a train when it was passing through a train crossing. The accident that occurred was clearly preventable and the memory of my friend reminds me that railroad crossing accidents are always catastrophic and most times result in wrongful death. I have been an experienced Philadelphia personal injury and car accident lawyer practicing since 1979 representing catastrophically injured clients in the Commonwealth of Pennsylvania and throughout the United States in conjunction with other prominent personal injury lawyers.

Almost always, a train crossing accident occurs when a train strikes another vehicle, normally a car, truck, an SUV or a bus. As one can easily imagine, the extreme weight and motion of the train overpowers anything in its path. This past week in Iowa a third train versus car accident occurred at the same crossing in less than two months. Most drivers don’t obey the rules of the road when approaching a crossing or railroad track. Many times they will attempt to beat the gate or signal. Always remember that the trains have the right of way. And always remember that railroad crossings are a very dangerous environment.

Continue reading "Railroad Crossings: A Very Dangerous Environment For Car Accidents" »

June 19, 2009

Many Ride Operators At Amusement Parks Are Barely Old Enough To Drive

The experienced amusement park injury lawyers at Reiff and Bily recently reviewed an article published by SmartMoney magazine on Friday, May 29, 2009 entitled Ten Things Theme Parks Won’t Tell You. Number 5 on the list is entitled Our Ride Operators Are Barely Old Enough To Drive and it goes on to say that even the most benign ride can turn dangerous when an inexperienced person is operating it. At many parks, especially seasonal ones, ride operators tend to be young summer workers but there are no Federal laws requiring amusement ride operators to undergo any kind of training program. Some states, including California and Minnesota, have introduced state laws regulating safety and training. Still, “There is no internal consistency from park to park in terms of how they instruct their employees,” says Adam Glick, an attorney based in Elizabeth, New Jersey who has handled numerous amusement park injury cases. “The workers tend to be college students on vacation. Most of the rides operators are concerned about flirting with the opposite sex.” Even if they are not, disasters can and do occur.

Continue reading "Many Ride Operators At Amusement Parks Are Barely Old Enough To Drive" »

June 18, 2009

Zicam Nasal Spray Warning

On June 16, 2009, the Food and Drug Administration told the manufacturers of one of the country’s most popular cold medications, Zicam, to stop selling its nasal spray and swabs. In the last 10 years, approximately 130 consumers have filed complaints stating that they permanently lost their sense of smell after using Zicam.

The manufacturers of Zicam, Matrixx Initiatives, has suspended shipments of the products and they claim that the warning is not supported by scientific evidence and is asking the FDA for review. According to the New York Times, the company paid $12 million dollars to settle 340 lawsuits from Zicam users who claim that their product destroyed their sense of smell in 2006 and hundreds more lawsuits have been filed.

The Los Angeles Times reported that the company will be required to receive FDA approval if it wants to market the products in the future. The L.A. Times also reported that the company may have received 800 reports “of anosmia... associated with the use of the products from doctors and consumers, but has failed to report such reports to the FDA.

If you or a loved one has been using Zicam and have experienced any medical problems or have lost your sense of smell, you would be well advised to seek the services of an experienced medical malpractice or products liability lawyer to evaluate your condition and explore your legal options. Reiff and Bily are experienced product liability lawyers who are committed to promoting consumer safety. For a free no obligation consultation, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

June 17, 2009

Another Tractor Amusement Ride Goes Awry With 11 Children On Board

The defective trailer and amusement injury lawyers at Reiff and Bily became aware of another situation where 11 children riding on a tractor-pulled amusement ride escaped serious injury when a trailer hitch broke on a tractor pulling the cart. According to reports, the trailer was pulling a wagon down a grass lane when the hitch broke causing the driver of the tractor to lose control resulting in an overturn. The operator of the tractor was ejected. The amusement trailer was occupied by 17 individuals including 11 children aged 5 through 14.

At the defective trailer and amusement injury law firm of Reiff and Bily, we are currently working on a similar tractor hayride injury case where the operator of the vehicle pulling the ride had no license or proper screening and yet was hired to pull precious cargo, namely children. Many times, you can simply put a farm tag on a tractor or trailer and no inspections are necessary. Worse yet, no training is required to tow a trailer or pull these amusement park rides and they are generally fabricated as cheaply as possible. We are all too familiar with the serious injuries and fatalities that result when there is a lack of proper inspection, security or due regard for the safety of others.

Continue reading "Another Tractor Amusement Ride Goes Awry With 11 Children On Board" »

June 15, 2009

Sit And Stroll Child Restraint Systems Recalled NHTSA ID No. 09C004

The Pennsylvania product liability lawyers at Reiff and Bily wish to call your attention to the fact that Triple Play Products LLC is recalling certain Sit and Stroll child restraint systems, Model 4002, manufactured on May 5, 2008. The webbing used in the center adjuster for the harness fails to comply with the initial breaking strength requirements of Federal Motor Vehicle Safety Standard No. 213, child restraint systems. In the event of a crash, the child may not be properly restrained, possibly resulting in an injury to the child. Triple Play will notify owners and provide a free repair kit, along with instructions to replace the center adjuster webbing. This safety recall is expected to begin during May/June 2009. Owners may contact Triple Play consumer information line tollfree at 1-800-829-1625 and for more information on this particular recall please go to 09C004.

If you or a loved one has been injured as the result of a product defect, please contact one of the experienced Philadelphia product liability lawyers at the law firm of Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com for a free consultation.

June 12, 2009

Protect The Ones You Love From Drowning

It is an unfortunate fact that as the summer season comes, so do water and pool-related injuries and deaths. Approximately 10 water-related deaths per day are related to drowning. Additionally, 700 people die each year in boating-related accidents. According to the CDC more than 1 in 4 fatal drowning victims are children aged 14 and younger. For every child who drowns, another 4 receive emergency treatment for non-fatal submersion and brain injury. Non-fatal drownings often cause brain damage resulting in long-term disabilities including memory problems, learning disabilities and a permanent loss of basic functioning. The CDC determined that the major risk factors for swimming pool accidents and/or drowning are lack of barriers and supervision. Almost all young children who drown in pools were last since in the home, had been out of sight less than 5 minutes and were in the care of one or both parents at the time. All pools should have pool fencing which can help prevent children from getting access to the pool area without care giver awareness. With adult or adolescent deaths there is generally a ratio of alcohol use with a drowning or pool injury. Alcohol influences balance, coordination and judgment and its effects are often heightened by sun exposure and heat.

The experienced Philadelphia swimming pool accident and injury lawyers of Reiff and Bily recommend that you take the following steps to help prevent pool or water related drowning or injuries.

1. Designate a responsible adult to watch young children while swimming or playing in or around water. Adults should not be involved in any other distracting activity such as reading, playing cards, talking on the phone or mowing the lawn while supervising children.

2. Always swim with a buddy.

Continue reading "Protect The Ones You Love From Drowning" »