Archive for the ‘ Defective Product ’ Category

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16
Feb

Always Follow Child Restraint Guidelines To Avoid Serious Injuries In A Car Wreck Or Crash

The most important thing for parents to remember is that, in order to reap the safety benefits of safety seats and belts, they must be used properly.

The Pennsylvania car accident attorneys with Schmidt Kramer Injury Lawyers say that following these tips should help keep your child safe from harm.

According to the National Highway Traffic Safety Administration (NHTSA) parents and caregivers should keep children in a restraint type seat for as long as possible before moving them up to the next type of seat.  For instance, keep your child in a rear facing position as long as possible to reduce stress on the neck and spinal cord.  Therefore, it is recommended to keep a child in a rear facing seat as long as the child fits within the height and weights limits.

Other safety tips include:

- Always read the child seat manufacturers’ instructions.
- Always read the vehicle owner’s manual for information on installation and how to use the seat belt or another safety device.
- Choose a car seat for your child based upon your child’s age and size.
- Never allow a child in a rear facing car seat to ride in the front seat of a vehicle with an active passenger air bag.

Unfortunately, there are car accidents and car wrecks everyday in Harrisburg, Central Pennsylvania and around the Commonwealth where children are injured because of not following the above safety tips.  For more information on protecting your child from sustaining injuries in a car wreck or car accident go to the NHTSA website at www.nhtsa.gov or contact a lawyer at Schmidt Kramer Injury Lawyers.

Please let us know if you have other safety tips or advice.

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

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9
Feb

Pennsylvania State House Ready To Vote On Unconstitutional Corporate Venue Law

Contact Your Pennsylvania State House Representative Immediately!

Ask He or She to “Vote NO on House Bill 1976– The Corporation Venue Protection Act”

February 9, 2012 — The Pennsylvania state house may soon vote on what will be known as the the Corporation Venue Protection Act, HB 1976, which gives corporations special rights and protections in all civil cases.  The bill’s supporters spin there argument and call it a “venue shopping” bill, but the bill is really designed to protect corporations that are responsbile for injuring or killing people through reckless, intentional or reckless conduct because it applies only to venue in “actions against corporations and similar entities.”

If passed, this bill will usurp the Supreme Court’s exclusive rulemaking power on venue and all but abolish the ‘minimum contacts’ jurisdiction test.   Emboldened by their win on joint and several liability, the Pennsylvania Chamber of Business & Industry admits it wants to “continue the momentum.”   The Chamber is actively pushing HB 1976.  

For the sake of the preserving your rights and the rights of a loved one who may be injured or killed by such conduct, it is time to push back now.

Contact your state representative to vote “no” on the HB 1976. HB 1976 is unconstitutional, departs radically from longstanding legal doctrine, and unfairly singles out corporations for protection against accountability for harms they cause to Pennsylvania families.

If this legislation becomes law it will have a dramatic impact on those injured or killed as a result of corporate misconduct  in a car wreck or accident, impacted by a defective product, or any other personal injury claim (excluding medical malpractice) in not only Harrisburg, Central Pennsylvania but the entire Commonwealth.

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

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12
Jan

Johnson & Johnson Warned About Defective Insulin Pumps

January 12, 2012

The Food and Drug Administration (FDA) has warned drug maker, Johnson & Johnson, that they could face penalties for selling faulty insulin pumps and withholding warnings regarding the dangers they pose to users. According to WHTM 27 News, the company failed to report three incident cases within an allotted 30-day window where the device may have caused or contributed to a death or injury.

The agency says that a warning letter was sent to Johnson & Johnson December 27 regarding the reporting discrepancies that inspectors uncovered during an audit of the company. They say that the company failed to report one incident of “serious patient injury” and delayed releasing the reports on two other patients who were hospitalized with high blood sugar, respiratory failure, and coma.

The problem with the devices seems to stem from issues with keypads on the pumps. Reports show that several of the incidents occurred because of faulty keypads that deteriorated overtime or patient error with the buttons.

While the letter did not ask for the products to be pulled from shelves, it did specify that the company could face seizures of assets, injunctions, fines, and loss of contracts from federal agencies if the problems are not resolved promptly.

The Pennsylvania defective product attorneys with Schmidt Kramer Injury Lawyers specialize in helping victims who have been injured by faulty products at no fault of their own. If you have been the victim of negligent product design, get in touch with us today for a free initial consultation of your case.

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12
Dec

Holiday Safety Tips For Christmas Tree Lights

What ideas and suggestions do you have for making sure that Christmas tree lights are safe?  Here are a few which could reduce the risk of injury and make for a more enjoyable holiday:

1.  Keep candles away from the tree.

2.  Check for broken bulbs and replace the entire string, even if only one is broken.

3.  When you leave the house or go to bed, UNPLUG the lights.

4.  Make sure the lights used are certified as nationally tested.

5.  Make sure the lights are designed to be used indoors.

6.  If your tree is artifical make sure the lights are designed to be used on articial trees.

7.  Keep your tree at least three to four feet away from any heat sources or fires.

8.  Do not put too many lights on the tree. 

9.  Avoid using extention cords, if possible.

10. If you use an extention cord make sure it has been tested and do not place too make plugs in it.

Scott B. Cooper

Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

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28
Nov

Pennsylvania Supreme Court Decides Negligent Spoliation Of Evidence Issue

Attached is a copy of the Pennsylvania Supreme Court Opinion announced on November 23, 2011 in Pyeritz v. Pa. State Police, — A.3d — (Pa. Nov. 23, 2011). The Court holds that Pennsylvania does not recognize a claim for negligent spoliation of evidence. The Estate of Pyeritz claimed that the State Police were liable for destroying evidence, per procedure, after a criminal investigation was completed. The crime victim’s counsel requested the State Police to store the evidence while a product liability suit was being pursued. The evidence was then destroyed, thus eliminating the products case since their was no product. The Estate then pursued a claim for negligent spoliation of evidence and the Pennsylvania Supreme Court holds that the cause of action does not exist in Pennsylvania.

http://www.courts.state.pa.us/OpPosting/Supreme/out/J-73-2009mo.pdf

Scott B. Cooper, Esquire
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

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12
Aug

Cumberland County, Pennsylvania Hospital In Carlisle Alleged SERIOUS PROBLEMS.

Three days ago, a story broke, that Carlisle Regional Medical Center (“CRMC”) had been taken to task by the Pennsylvania Department of Health. The article said two deaths in the Emergency Department may be blamed on dangerous understaffing.

I read the survey results on the DOH website, and it doesn’t look good for CRMC. Below are the lowlights, because I’m certain CRMC would not call them highlights.

The hospital did not, “provide high quality health care to ensure care was provided in a safe setting.” On a specific day, May 23, 2011, the ED had allowed at least one patient to wait sixteen hours before being taken to the med-surg service or the ICU. In this period, it was found the ED was down a nurse. Nurses in the ED complained to their supervisor, but no remedy was found. The following day, a similar situation occurred, again when the ED was one nurse short. The supervisor did not fix the staffing problem. The problems continued through June 3, 2011.

Despite the days of problems, the facility’s Emergency Department continued to accept patients, and did not send seriously ill people to a hospital that could provide appropriate care.

CRMC appears to have violated its own policy of moving patients to the proper service within thirty minutes of the order having been written.

In an interview, an unnamed source said, “When we tell administration they say we are out of control and troublemakers.” The doctors, who are temporarily hired in, do not know how to use the computer system and slow the work of the nurses. When a cardiac patient codes, requiring the full attention of the staff, there is a single nurse left to watch the trauma patients, and some of the cardiac monitors don’t work.

An unnamed employee stated, “The patients have a delay in treatment because of lack of staffing.” Part of the problem is that CRMC is not hiring. There were only two part-time nursing positions open in the other parts of the hospital. If the ICU nurses or the med-surg nurses are overwhelmed, and that is causing long hold times in the ED, it appears CRMC is doing nothing to fix the problem. Another quote from the survey: “Insufficient staff causing a backup in the ED.”

Hospital management was aware of serious understaffing, and “told the ED nurses to be more creative.” It appears the ED director was fired because of attempting to fix the understaffing problem.

Now to the specific cases that ended in patient deaths.

The Department of Health Survey says, “…the facility failed to ensure that the Emergency Department services were provided to meet the emergency needs of patients in accordance with acceptable standards of practice for two of two serious events reviewed.” Keep in mind, these are not my words, these are not the reporters words, these are words I’m copying from the survey done by Pennsylvania.

Incident: June 5, 2011. A patient triaged from the Emergency Department to Intensive Care Unit, taken to CT Scan from the ED, on the way back to ED, coded and died. Evidently, the patient went to the CT Scan without a nurse, as no nurses were available. When he became unresponsive, he was brought back to the ED for resuscitation. The patient coded after being in the ED for six hours. An unnamed employee said that at the time of the incident, the ED was full and the waiting room was full. It appears that the ED was short one RN and was at less than minimal staffing.

Incident: June 11, 2011. A cardiac patient was seen by a doctor who intended he would be transferred to another facility. The patient was diagnosed with critical aortic stenosis. He arrived at CRMC at approximately 11:14a.m., and still in the ED, passed away at 6:37p.m. A man with a serious heart problem and dramatic symptoms, stayed in the ED for almost seven hours. A doctor’s note, said the patient remained “in the emergency room due to staffing issues…” No order was ever written for a transfer to an outside facility. Department of Health officials reviewed a medical record, which they report said the following: “The ED was overwhelmed. Nurse patient ratio was 9:1, 6:1, and 7:1. The triage nurse was taking patients and unable to answer call bells. IV pumps were unavailable. There were delays in getting beds and delays in patients being evaluated by MD. A code occurred and the patient died.” On the day of the incident, the ICU was full and management was aware of the situation.

After these events, the hospital did not even follow the simple duty of reporting the serious incident to the state, as required by law. An unnamed employee told the state investigators that death on the way back from the CT scanner met the facility’s own definition of a serious event, which should have been reported. No kidding. CRMC’s patient safety officer was not informed of the event. Similarly, unnamed employees, speaking about the death of the cardiac patient, said the incident was not reported to the patient safety authority. Another person said that “there were unsafe staffing in the Emergency Department that may have contributed to the death of the patient and this was not reported to the Patient Safety Authority.”

Two hindered thirty three RN shifts were not filled from June 21, 2011 through July 23, 2011. The ED had insufficient staff to cover all shifts.

From May 22 through June 8, 2011, the Emergency Department was used for inpatient care, which is not allowed. The ED was not designed, equipped, and staffed for inpatient care. This is a violation of patient-limit regulations in the Pa. Code. Beds in the ED were used as inpatient beds for up to eighteen hours. CRMC knew that these patients were considered “inpatient” as the billing confirmed it. Two hundred people were held in this manner in violation of regulations. Sadly, this was a repeat deficiency which had been raised in March of 2009.

Joe Chapman
SCHMIDT KRAMER PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300

http://blog.schmidtkramer.com/ for all things injury law.

Facebook.com/SchmidtKramer

Twitter.com/TalkToALawyer

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3
Jan

Large royalties ignite discussion of appropriateness of spinal fusion surgeries

The Wall Street Journal recently (December 20, 2010) reported on the millions of dollars paid by the manufacturer of spinal fusion hardware to a group of orthopedic surgeons in Louisville, Kentucky.

The article states the five doctors named in the article were paid more than $7 million through the first three quarters of 2010. The article raised the question of what medical conditions require spinal fusion as the appropriate treatment.

In fact, a lawsuit was brought by a whistleblower from within the manufacturer of the spinal fusion equipment who was an attorney in the company, alleging the “royalties” paid were kickbacks to encourage more surgeries. The Wall Street Journal reported the whistleblower case was settled for some $40 million dollars after the U.S. Justice Department got involved.

Schmidt Kramer’s clients who have been hurt in car accidents or when they have slipped and fallen, often suffer injuries to their backs. The lawyers at Schmidt Kramer in Harrisburg, Pennsylvania regularly represent individuals with back injuries caused by others.

Submitted by Joe Chapman, attorney at Schmidt Kramer.

Joe Chapman
SCHMIDT KRAMER PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300

Facebook.com/SchmidtKramer

Twitter.com/TalkToALawyer

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3
Mar

Peanut fears lead to Pennsylvania defective product recall

Turkey Hill Dairy, a Pennsylvania based company, is voluntarily recalling one of its ice cream flavors due to possible contamination, reports MSNBC.

The Pennsylvania defective product recall is for the brand’s new ice cream, Dynamic Duo Movie Night. The ice cream contains peanut ingredients from a Peanut Corp in Texas that has been linked to salmonella contamination.

The product was shipped to stores in 14 states. So far, the company has not received any reports of consumers being sickened by that flavor of ice cream.

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The Pennsylvania defective product attorneys at SchmidtKramer can help if you were injured by a defective product.