Philadelphia Injury Attorney Blog

The Federal Aviation Administration announced on Monday, February 1, 2010 that they are proposing a 2.475 million dollar penalty against a sister carrier of American Airlines for not making sure flight crews had accurate information about the weight of baggage on dozens of flights. Incorrect takeoff flights are considered safety hazards if pilots rely on faulty information when determining the right speed for takeoff and landing. The FAA charged that Eagle operated at least 39 flights after being told of the problem. The FAA noted that between January and October 2008 American Eagle operated at least 154 flights in which baggage weight listed on the cargo records differed from data entered into an automated system for tracking and balancing weight. Transportation Secretary Ray LaHood stated, “The traveling public has to be confident that airlines are following important safety rules."

The aircraft accident lawyers at Reiff & Bily understand that the weight and balance of cargo is considered a significant issue for the smaller jets typically operated by Eagle and other regional carriers.

When patients go to doctors they normally entrust the doctor with quality medical care. On Monday, February 2, 2010, a Delaware Grand Jury returned an indictment against a prominent pediatrician accused of serial molestation in what could be one of the worst child sex abuse cases in the nation’s history. The 160 page indictment returned by a Sussex County Grand Jury charged Dr. Earl Bradley of Lewes, Delaware of 471 counts of sexual crimes against 103 children. As Delaware Attorney General Beau Biden was quoted as saying, “These were crimes committed against the most vulnerable among us - those without voices". The charges against Dr. Bradley include rape, sexual exploitation of a child, unlawful sexual contact, continuous sexual abuse of a child, assault, and reckless endangerment.

As an experienced Philadelphia medical malpractice lawyer who has handled some of the most egregious and shocking cases of sexual assaults involving a physician, I am well acquainted with the physical and emotional consequences that can be suffered by the victims and their families as the result of such sexual abuse. The number of sexual assaults by physicians seems to be growing rapidly according to recent studies. Frequently this problem is noted in the field of psychiatry and an anonymous national survey indicated that roughly 10% of psychiatrists responded to having had sex with at least one patient.

Jury verdicts against physicians accused of sexual abuse are normally quite high. However, most often confidential settlements are entered into and many times the results of these claims are not accurately reported or available to the public. When a patient goes to a physician, they typically expect to be provided with a sense of care for their well being, trust, and security. Any physician who violates that trust and uses their position of authority to take advantage of a vulnerable patient should be prosecuted to the fullest extend of the law both civilly and criminally.

At the experienced Philadelphia medical malpractice law firm of Reiff & Bily, we have exhaustively handled similar cases and have carefully reviewed patient’s records to identify departures from the accepted professional protocols and have evaluated manipulative behavior utilized by healthcare professionals who take advantage of a patient. We not only demand financial damages, but we are prepared to deal with criminal authorities, licensing bureau, and work with prosecutors to make sure that those who commit such crimes are successfully prosecuted and isolated from the trusting public. When a trauma such as sexual abuse occurs, patients often retreat within themselves and such feelings of isolation and humiliation often prevent them from speaking out. Psychiatric counseling is often mandated. Sex abuse is never acceptable in life yet alone in any type of professional treatment. Almost always, sexual abuse results in serious psychological damage to the victim and many times the abuse can be so extreme that it results in suicide or commitment to a mental hospital. Many of these harms have been deemed to be permanent.

If you or a loved one has been sexually abused by a physician or other professional, please feel free to contact one of our experienced Philadelphia medical malpractice lawyers for a free no obligation consultation at 1-800-421-9595.

Recently I reviewed a story attesting to horrific permanent vision problems after a Lasik procedure and it highlighted that many side effects continue to plague patients, prompting an FDA investigation. Unfortunately, I have my own sad tale to tell. Approximately 7 or 8 years ago, I went to a well known Lasik center in the Philadelphia metropolitan area and had decided to have Lasik surgery. I was extraordinarily nearsighted. I had problems after the first surgery so I was told to have a second revision Lasik surgery. After the second Lasik surgery, I could not see at all and literally felt I was going blind to the point where I sought immediate attention from a renowned academic ophthalmology expert and got on a plane and flew to a well known ophthalmologist and Professor of Corneal Medicine expert at Massachusetts Ear and Eye in Boston, MA.

The doctor agreed to see me and abruptly canceled his scheduled vacation plans and told me that I needed emergency surgery. I was in danger of losing my eyesight. He further informed me that I was never a proper candidate for Lasik surgery. I required two emergency surgeries and began a weekly commute back and forth from Philadelphia to Boston and sought a corneal retinal specialist to monitor my care in Philadelphia at Wills Eye Hospital. I became very well acquainted with the risks of Lasik surgery and also came to learn that there are many patients receiving the surgery that are not proper candidates for the procedure to begin with. In fact, many of the doctors are putting profits over patient safety.

Continue reading " A Lasik Surgery Nightmare - Personal Injury Lawyer Victim Speaks Out " »

According to U.S. Recall News, vehicle manufacturers announce 43 recall campaigns involving the risk of injury or death in January alone. The vehicles concerned range from passenger cars, motorcycles, RVs and buses. The vehicle defect lawyers at Reiff & Bily have been busier than ever fielding phone calls from consumers concerned about their safety due to the risk of crash and resulting injuries or death.

If you or a loved one has sustained a serious injury or death due to a vehicle defect, the experienced Pennsylvania product liability law firm of Reiff & Bily is offering a free consultation to discuss your rights and help you to further investigate the problem.

Believe it or not the most common cause of airline complaints and injures is due to turbulence that occurs while on a flight. During a turbulent encounter, if one is not securely fastened or is standing, severe injuries including broken bones, quadriplegia and paraplegia can occur. Often during a turbulent flight, the luggage from the overhead compartments can become dislodged causing blunt trauma to passengers including but not limited to multiple herniated discs and paresthesias. The airlines owe a duty to the passengers to provide a safe flying environment and the flight crews and stewardesses require specialized training in dealing with these situations and resulting injuries. Often we find that there is a breach of the protocol and henceforth, the airline can be responsible for medical care, lost wages, rehabilitation expenses, damaged property and other losses caused by their failure to maintain a safe flying environment.

If you have been injured on an airplane during a flight, it is important to have an experienced airline injury lawyer investigate your claim and represent your rights.

According to newspaper reports, a Philadelphia resident, Joseph Job (Sajan), died in Mexico while paragliding in the ocean along with his friends. Our hearts and prayers go out to the family of Mr. Job and his wife Sajina and three children Tanisha, Natasha, and Trishelle.

Reports indicated that Mr. Job and his family were on a Carnival Cruise vacation in Cozumel, Mexico when the accident happened. On September 14, 2009 I wrote an article entitled "Is Parasailing Safe" as I witnessed a catastrophic parasailing accident with the same consequences over 30 years ago when I was on vacation with my family in Jamaica. Since that time, I have been contacted by families of others who have suffered catastrophic consequences as a result of parasailing or amusement accidents. This summer there were a number of parasailing accidents resulting in fatalities and catastrophic accidents. Although parasailing is an extraordinarily popular vacation adventure, they often operate in an unregulated environment and many times people with limited knowledge but for how to make a buck are the operators.

As an avid traveler, I have been to Mexico many times and have seen parasailing operations operated by children who appear to be no older than 12 years old and I have seen people that are parasailing land in the middle of crowds and on buildings. The only thing that the operator is interested in are American greenbacks.

Parasailing accidents call for more regulation of parasailing noting that many operators cut corners on safety where innocent customers are left in the dark about whether the ride is safe or not. Parasailing injuries, just as any other amusement, carnival, or water sport injury often involves a combination of many theories of law requiring legal and technical expertise. There is most likely a combination of product liability, and negligence and premises liability law to be explored and prosecution against the wrongdoer.

Continue reading " Parasailing Accident Kills A Philadelphia Native While Vacationing In Mexico " »

Since 1979, I have successfully represented injured consumers against major automobile manufacturers on behalf of clients who sustained catastrophic injuries or fatalities as a result of defectively designed cars. Unbelievably, there is not a single government group that has responsibility for assuring the public that cars and trucks are safe similar to the situation as it exists with the Food and Drug Administration or the FAA who extensively test products before they hit the market.

In the last month, Toyota has recalled in excess of 8.5 million cars and evidence reveals that Toyota was well aware of numerous defects in these vehicles for many years as was the National Highway Traffic Safety Administration. As a matter of fact, State Farm Insurance Company noted that it warned the federal government about a disturbing trend of vehicle caused accidents involving Toyota Motor Corporation as far back as 2007. The insurer stated that it contacted the National Highway Traffic Safety Administration in late 2007 and had been in touch with a regulator an unspecified number of times since then.

Last summer a former Toyota lawyer alleged that Toyota had concealed evidence from courts and from the government in a systematic and ruthless fashion. Toyota’s marketing experts were quite adept at portraying an image of integrity and social conscious with the Prius. Unfortunately, actions speak louder than words and perhaps once and for all the concerted efforts of trial lawyers and the outrage of consumers will be enough to generate support for true and realistic safety regulation in the automobile industry.

This experienced automobile defect lawyer who has fought for clients who have sustained catastrophic injuries or fatalities for many years would like to see a system where vehicles have to pass regular safety tests prior to entering the marketplace and have their designs examined by government regulators with teeth similar to the FDA prior to entry to the marketplace. The car is no different than a new drug being introduced to market for the safety of precious lives.

As an experienced Philadelphia airbag defect lawyer, I receive many calls each year from people whose airbags failed to aggressively deploy or for some other malfunction. Two days ago, I received a call from a client whose airbag deployed in an improper fashion yet she did not sustain an injury serious enough for us to warrant taking her case. At that point, she was more interested in having the airbags replaced on the secondary market due to the fact that she could not afford to take her car back to the dealer for a proper and more costly repair. She discussed with me the possibility of buying airbags or airbag parts on eBay and having a mechanic friend of hers install them.

Curiously, I went to eBay looking up parts and accessories concerning airbags and saw that I could buy a pair of airbags for $39.99. Quite a considerable difference from the manufacturer’s retail price. What concerned me most was the fact that if an airbag was not installed correctly or by a qualified installer, the passengers would be subjected to risks of catastrophic injuries including death. For a used airbag to operate properly, a qualified installer must install the used airbag in accordance with the vehicle manufacturer’s specifications. Noticeably, there was a disclaimer on the site of the airbag seller that stated “the installer of a used airbag must test whether the used airbag will function properly. The purchaser of a used airbag from the seller agrees to accept all risks of damages or injuries including death relating to the use of a used airbag."

As an experienced airbag defect lawyer, I can state that airbags save many lives in car accidents and I would strongly advise against anyone purchasing a used airbag over the web and having a neighborhood mechanic install them without properly investigating the situation. Safety and injury prevention is of paramount importance and airbag installation requires expertise. One should never shortcut on their health or safety.

For many years the experienced automotive product liability lawyers at the Philadelphia-based law firm of Reiff & Bily have successfully investigated and litigated many cases against most of the world’s major automobile manufacturers. As an automotive product liability lawyer familiar with many of the defects in automobiles which cause catastrophic injuries and death, I am often consulted by clients and friends of clients requesting which is the safest car and which company has the most integrity. For years, the Prius was one of the benchmarks of “anti-status" automobile manufacturer integrity. When one thought of Prius, we thought of an automobile manufacturer with a conscious and who had integrity with regard to protecting the environment and an eye looking forward to the future. If one goes to Toyota’s website, it is noted “Toyota’s integrity, passion, and innovation extend beyond their vehicle manufacturing. We also believe in helping people improve the quality of their life and their communities."

Recently Toyota has been on the offensive noting that the Los Angeles Times published an article that wrongly and unfairly attacks Toyota’s integrity and reputation. While everyone has been quick to point the finger at Toyota’s spiraling problems, trial lawyers, as well as U.S. regulators, have been aware of Toyota’s dragging its feet on safety issues as well as fixing defective gas pedals. While Toyota initially came out and stated that the acceleration problem was due to faulty safety mats, this experienced automotive safety product liability lawyer will state that it’s simply not just about the floor mats. Recently, in August of last year, a former managing counsel for Toyota filed a lawsuit against Toyota alleging that Toyota destroyed evidence in hundreds of automobile product liability lawsuits. The lawsuit claims that Toyota destroyed evidence in a ruthless conspiracy to keep the information secret. So much for integrity.

Reiff & Bily is currently investigating cases of sudden unintended acceleration affecting a large number of Toyota cases. Reiff & Bily investigators and attorneys clearly dispute the argument that this problem was entirely linked to floor mats. Last evening Toyota announced a recall of the Prius for alleged faulty braking issues. With all of the recent recalls and confusion owners of affected Toyotas must consider whether or not the manufacturer is really as trustworthy and full of integrity as they advertise and would like you to believe.

I was driving out of my driveway the other morning when gusts of winds caused tree parts and branches to come falling down and I narrowly avoided one while driving down the roadway in my car. Many times when high winds sweep across an area, signs and other attachments to buildings which are not often properly installed can become loose, fall, and create a catastrophic consequence. Blowing debris is a major cause of damage during strong winds. Over the years, we have represented several clients who were injured due to flying roof shingles, construction site debris, and even a sign which blew off its hinge.

In one of our significant cases, the owner of a property had a “sick" tree on his premises which blew over and crushed a lady due to high wind. We were able to establish that the owner of the property knew or should have known that the tree was in a diseased state and should have been properly removed from his property as it possessed a danger of hazard in conditions such as the ones that were presented.

In Pennsylvania, a landowner or property owner must assume responsibility for the care and preservation of his own property and along with the benefits derived from the property, ownership brings certain obligations. If your property is not monitored and cared for properly with regard to safety defects, it can become a latent liability for the owner of the property. Many property owners fail to recognize that part of the legal duty to maintain their premises in a safe and hazard free condition include trees and roofing. It is important to properly inspect the property, as well as the health of trees, to reduce hazardous condition and prevent injuries to innocent passersby.

If you or a loved one has been injured by falling debris, please feel free to contact one of our experienced Philadelphia premises liability lawyers for a free no obligation consultation to fully investigate and examine your rights.

Recently the National Transportation Safety Board issued a report wrapping up a 16-month investigation into the Metrolink crash concluding that the collision was caused by a train engineer running a red light while text messaging young railroad fans. The report squarely placed the blame on the engineer who was killed in the crash and said all mechanical parts of the train seemed to be working properly and added that the collision could have been avoided had an automated system that stops trains in the event of human error been installed. The Federal Agency also recommended that all commuter rail lines in the nation install cameras to monitor train operators. Causing more alarm to this writer is the fact that the reckless behavior of the driver had pre-existed this event and was he not terminated. Metrolink knew that the driver had engaged in this kind of behavior previously, yet he had not been disciplined or fired.

It is truly tragic and extraordinary that 25 families lost loved ones and all of the injured had to tragically suffer as a result of behavior that was reckless and pre-existed the event despite no termination.

The report also noted that the conductor of the train had likely used marijuana within three to eleven hours of the crash but the report did not find this to be a contributory cause of the accident. Years ago, the NTSB made recommendations for the FRA and others to require positive train controls and ban the use of cell phones but little or no action was taken.

If you or a loved one has been involved in an accident involving a common carrier or railroad, please feel free to contact one of our outspoken common carrier and train accident attorneys for a free no obligation consultation.

The City of Philadelphia stepped to the plate and temporarily shut down two center city restaurants and a high rise apartment building on Monday, February 1, 2010 due to high levels of an odorless but deadly gas known as carbon monoxide. According to the Philadelphia Inquirer, the restaurants Capital Grille and Olive Garden will be closed for three to four days due to the fact that Philadelphia inspectors found carbon monoxide readings as high as 3,800 ppm in one of the eateries. Levels of carbon monoxide above 70 ppm can cause headache, fatigue and nausea and a sustained carbon monoxide concentrations above 150 to 200 ppm disorientation, unconsciousness and even death are possible according to the United States Consumer Product Safety Commission.

At the Philadelphia premises liability law firm of Reiff & Bily, we have learned of many tragic situations involving failure of carbon monoxide monitors and death and illness of unsuspecting victims. If you have been exposed to carbon monoxide, it is important to get proper and prompt medical attention. It is also very important to retain the services of a trained professional to determine the source of the carbon monoxide and have it repaired as soon as possible before returning to the premises.

Carbon monoxide is the leading cause of accidental poisoning death in the United States and this odorless, tasteless and colorless gas is known as the silent killer. If you have been exposed to carbon monoxide poisoning, early symptoms include but are not limited to headaches, nausea and fatigue which are often mistaken for the flu. In one of the cases we were consulted on last year, a number of people were visiting a hotel at the Jersey shore when they claimed they were feeling lethargic, tired and exhibiting flu-like symptoms. Medical examinations revealed that they were suffering from carbon monoxide poisoning due to a faulty heating system and lack of proper ventilation. Some individuals are more susceptible to carbon monoxide poisoning than others namely infants, elderly people and those suffering from anemia, respiratory or heart disease.

If you or a loved one has been injured as a result of carbon monoxide poisoning, the experienced Philadelphia premises liability lawyers of Reiff & Bily can help you. Please feel free to contact us for a free, no obligation evaluation of your claim.

On August 6, 2006 a motorist was killed when a city owned trailer detached from a truck that was required by law to have a safety chain keeping it in place. In fact, the trailer did not have a safety chain attaching it to the truck. Safety chains are designed to keep trailers attached to trucks even when the hitch comes loose. In this case, the trailer carrying a lawn mower detached from a truck and veered into northbound lanes and struck a GMC and the driver was killed. Notably, the trailer was owned by the City of Macon and should have had a safety chain. According to sources, the City of Macon confidentially settled the case out of court for a substantial amount.

Of course our hearts and prayers go out to the family of Carlos Dorn, age 37, who perished in this tragic and preventable accident. We send our condolences to Mr. Dorn’s family.

The Philadelphia defective truck and trailer law firm of Reiff & Bily is committed to motorist and consumer safety. If you or a loved one has been involved in a defective truck or trailer accident, please feel free to contact one of our attorneys for a free no obligation consultation. We will fully investigate your claim and bring the wrongdoers to justice.