Welcome

SchmidtKramer Blog

Apr

Newspaper Study: 78 Killed In Highway Crashes In North-Central Pennsylvania Nine-County Region In 2011

April 16, 2012 – According to the third article from the Shamokin News Item in a series of articles studying crashes in Central Pennsylvania, drivers in North-Central Pennsylvania should “Buckle up, don’t drink and drive and pay attention to the road.”

The study in today’s paper reports that’s the advice given to motorists by Rick Mason, community relations director for PennDOT District 3 in Montoursville.

PennDOT officials recently revealed statistics involving fatalities on state and municipal roads in District 3 in 2011.

Mason said the most common causes of highway-related fatalities are aggressive driving, failure to wear seat belts and driving under the influence of alcohol or a controlled substance.

He said there were a total of 73 fatal crashes resulting in 78 fatalities in 2011. Five of the crashes were double fatalities.

Twenty-eight of the fatal crashes involved a vehicle hitting a fixed object. Fifteen were head-on collisions and 18 were intersection/angle crashes. Four pedestrians were killed, while two motorists died when their vehicles hit a train. One motorist died when his vehicle hit a deer. Two of the fatalities were rollovers, two others involved rear-end collisions, and one involved a vehicle being sideswiped.

Mason said 18 of the 73 (25 percent) fatal crashes involved DUI, resulting in 19 deaths. Eleven drivers killed were DUI, while other controlled substances were detected on another victim.

Six people were killed by someone else who was DUI, and one pedestrian who died had alcohol in his or her system.

In Northumberland County, there were 11 people killed on state roads and two on municipal roads. One of the deaths was DUI-related.

Lycoming County had the most fatalities with 19, with 18 occurring on state roads and seven being DUI-related.

Mason said 66 people were killed in passenger vehicles, with 32 of the victims (48 percent) not wearing seat belts. Twenty-seven of the victims were wearing seat belts. It couldn’t be determined if the remaining seven victims were wearing seat belts.

Twelve people were killed in non-passenger vehicles. Six of the victims were killed on motorcycles, with five wearing helmets. Four people killed were pedestrians and two of the victims were killed on all-terrain vehicles, neither of which was wearing a helmet.

During the past five years, Mason said the district average for fatalities was 81, with the lowest being 66 in 2009 and the highest being 105 in 2010. For more on today’s article and more on the series of articles go to the Shamokin News Item website at the folliwing link:

http://newsitem.com/news/78-killed-in-highway-crashes-in-nine-county-region-in-2011-1.1300633#axzz1sCdpwekO

The Pennsylvania car accident attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured or sustain a loss in a car accident in Harrisburg, North-Central Pennsylvania and around the 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

Apr

A Growing Number Of Pennsylvania Accidents Attributed To Synthetic Drugs

April 12, 2012

Law enforcement across the country is facing a growing problem of motor vehicle accidents being caused not by people under the influence of alcohol behind the wheel, but by individuals who are using drugs. These substances include prescription and synthetic drugs.

Many crashes are being attributed to the use of a synthetic marijuana popular among young people today, Tetrahydrocannabinol (THC). The drug is manufactured by spraying a synthetic form of the active ingredient in marijuana on combustible herbs and spices. The laced plant material is then smoked to achieve a short-term intoxication.

While the drug has been banned across the country, it is still found in gas stations, convenience stores, and smoke shops, as manufacturers are constantly changing the chemical formula to something not covered by the ban. The change can be as small as a single molecule, which makes the substance “legal” again.

Recently WHTM 27 News reported that a girl under the influence of the drug caused a three-car collision at the corner of Hogestown Road and Carlisle Pike. Police say that several victims were taken to local hospitals to be treated for a variety of injuries. The girl later told police she had been using the drug just before the crash. She now faces DUI and other charges.

The Pennsylvania Auto Accident Lawyers with SchmidtKramer Injury Lawyers ask that you never drive if you have ingested any intoxicating substance.

Apr

Remember That Pennsylvania Has A Medically Impaired Driver Law

Pennsylvania law requires health care personnel to report to PennDOT those drivers under their care whose driving skills may be affected by a medically related condition. Each year, health care personnel play a significant role in PennDOT’s effort of removing medically unsafe drivers from our highways – a very real public health and safety issue.

According to Section 1518 of the Pennsylvania Vehicle Code all health care personnel, i.e. all physicians, podiatrists, chiropractors, physician assistants, certified registered nurse practitioners and other persons authorized to diagnose or treat disorders and disabilities defined by PennDOT’s Medical Advisory Board, must report to PennDOT within 10 days, in writing, the full name, address, and date of birth of any patient 15 years of age or older, who has been diagnosed as having a condition that could impair his or her ability to safely operate a motor vehicle. However, reports are not required if the condition is expected to last less than 90 days; for example, a broken leg would not need to be reported to PennDOT.

Without the cooperation of health care personnel, thousands of medically impaired drivers would remain undetected by PennDOT. Health care personnel, therefore, play a vital role in keeping the highways safe for everyone.

The following citations are to the specific Pennsylvania law governing health care personnel reporting requirements (Sections 1517 – 1519).

Section 1517 details the creation of PennDOT’s Medical Advisory Board. This board consists of 13 members, including eight physicians, appointed by Pennsylvania’s Transportation Secretary. This board advises PennDOT and reviews the regulations proposed by PennDOT concerning the established physical and mental criteria for reporting.

Section 1518 provides the specific reporting regulation, including the confidentiality of the reports and the provided immunity from civil and criminal liability.

Section 1519 details PennDOT’s action if it has cause to believe that a licensed driver or applicant may not be physically or mentally qualified to be licensed.

The Pennsylvania car accident attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured in a car accident in Harrisburg, North Central Pennsylvania and around the Commonwealth, especially if you or a loved one have been seriously injured due to negligence or recklessness of a impaired person driving a car.

Apr

Police Investigating Heidelberg Township Crash

April 11, 2012 – A two-vehicle crash in Heidelberg Township, Adams County on April 9, 2012 sent one man to York Hospital with what police said were minor injuries and led to one car ending up on top of the other.

According to police reports, Lloyd Bills Jr., 41, of York, was pulling out of a private driveway along Route 116 in a Pontiac sedan at about 2 p.m. He pulled in front of Jonathan Little, 28, of Red Lion, who was westbound on Route 116 in a Honda sedan.

Police said they are not yet sure if charges will be filed. If you have more information on the crash contact the police to help with the investigation. For more on the accident go to the Hanover Evening Sun at the link below:

http://www.eveningsun.com/localnews/ci_20357314/heidelberg-twp-car-crash-sends-one-hospital

Apr

Maximize Driving Safety By Maximizing Your Health

April 9, 2012 – Driving safe can start right by staying healthy. Here are some tips to stay healthy and maximize your driving ability.

1. Regular check-ups.
2. Have your eyes checked regularly, as you get older probably every year.
3. Have your hearing checked more often as you age.
4. Speak to your doctor about how any ailments may impact your driving ability.
5. Sleep well.

Do you have any other health tips?

Apr

Pennsylvania Court Upholds Key Ruling In Asbestos Lawsuit

April 5, 2012

The Supreme Court of Pennsylvania has found that victims who contract diseases from toxins on the job, such as asbestos, are allowed to separately sue and collect compensation from companies and employers for illnesses occurring at different times. According to court documents, the ruling upholds the “two disease rule” that allows the separate filings for compensation.

This means that workers in Pennsylvania who have been exposed to asbestos can not only file a claim for damages from the health complications from exposure, but for any disease they develop at a later date, such as mesothelioma.

The case came after a man was diagnosed with pulmonary asbestosis and squamous-cell carcinoma of the right lung. He filed a personal injury lawsuit, which was settled for an undisclosed amount in 1994. 11 years later, he was diagnosed with mesothelioma resulting from the same toxic exposure and filed another lawsuit against the companies he had worked for. They argued that he could not sue them for another disease related to the same exposure they had already paid him for.

The court disagreed and stated that the distinct and separate disease of mesothelioma warranted a completely separate action against the companies.

That is why the Pennsylvania Asbestos Lawyers with Schmidt Kramer Injury Lawyers would encourage anyone who has settled a suit related to asbestos exposure and suffered more health problems later to contact an experienced attorney to discuss your options.

Apr

Brachial Plexus Injury Medical Malpractice Crippler of Children

Permanent severe crippling damage to the nerves in a infant’s shoulder known as Brachial Plexus injury is a totally avoidable injury which is caused by medical malpractice. The Brachial Plexus is a bundle of nerves in each shoulder which control the movements and other functions in each arm. The Brachial Plexus injury occurs when the baby’s shoulder’s are to large too pass through the narrowest part of the mother’s pelvis during the last stage of delivery. As a result the baby’s head will get into the birth canal but the shoulders get stuck. This should be anticipated by the doctor before delivery by comparing the baby’s shoulder width to the mother’s pelvic dimensions. More importantly even if the shoulders do get stuck during delivery, a condition called Shoulder Dystocia, there are tried and true methods to free the baby’s shoulders and complete delivery without causing any harm to he baby. The doctor can use his fingers to push the shoulder together, or he can free up one arm and “corkscrew” the baby out by rotating one shoulder under the pubic bone, than continuing to rotate allowing the second shoulder to pass under the pelvic bone. The one think the doctor cannot do is pull on the babies head or turn its head, If that is done all of the nerves in the neck get stretched and broken. The baby, at its first moment of life loses the use of one his arms, which can also shrink and make the child look “freakish” to his family and peers.

Recently the Appellate Court of the State of New York in the case of Muhammad v. Fitzpatrick, 91 A.D.3rd 1353, 937 N.Y.S. 519 (2012) specifically held that there is not credible medical explanation a Brachial plexus injury can ever occur if the doctor uses accepted methods for correcting the Shoulder Dystocia. The trial Court in Muhammad called the defendant doctor’s claim that the nerves can be damaged by just the birth process, even where the proper maneuvers are used “Junk science” unsupported by any recognized and generally accepted medical evidence.e

Schmidt Kramer is familiar with the medicine and the law. If a member your family or anyone you know has suffered paralysis of the arm, Erb’s palsy, or any loss of use of the hand or arm at the time of birth,contact us immediately The statue of limitations for cases of this type is until the child’s 20th birthday. You may still have the right to recover for this devistating and avoidable medical error.

Apr

Federal Inspection: Central Pennsylvania Hospital Put Patients “At Risk”

April 5, 2012 – WNEP in Scranton/Wilkes-Barre is reporting on an Action 16 Investigation into a troubled hospital in Schuylkill County which continues.

The station has obtained a copy of a federal inspection that appears to show workers at St. Catherine Medical Center were cheated, and patients may have been put at risk!

On March 23, 2012 a Division of the US department of Health and Human Services conducted a surprise inspection of the hospital near Ashland.

Its conclusion: that there is, “Immediate jeopardy to the health and safety of patients.”

There are no patients at St. Catherine, and after state action last week, it cannot take in new patients.

The Pennsylvania Department of Health also forced St. Catherine to shut down its Emergency Room, and end Outpatient Services.

The 51 page summary of that unannounced inspection spells out the reasons why patient safety may have been at risk.

The March inspection found a lack of critical hospital supplies including, “Zero boxes of surgical gloves.” “Zero medicated soap.”

The report claims that in late February, St. Catherine`s Intensive Care Unit was completely out of syringes and needles, and that the “(Emergency Department) Physician indicated the (Emergency Department) was not safe.

Dawn Walsh is a nurse at a nearby medical clinic not associated with St. Catherine’s. She says these shortages worried her friends who did work at St. Catherine, and their ability to protect themselves.

“The people that are coming in, of course are sick,” said Walsh. “You have to have some protection for yourself and for your family.”

The report also found flaws with the way key medical equipment was used at St. Catherine: Equipment that could be vital to a patient`s health and safety.

The inspection claims the hospital failed to do mandatory routine maintenance on time, on equipment like electrocardiograms (EKGs) that measure heart rates, defibrillators used for heart attacks, and ventilators.

The report claims says all of this equipment was in use.

The report cites faulty X-ray equipment.

It quotes a worker saying there was an “uncertainty of x-ray clarity and reliability, and that repairing the machine was not a priority because of the money it would cost.”

The report also digs into St. Catherine`s finances and it shows the facility owes a lot of businesses, a lot of money.

According to the inspection, 76 vendors from food suppliers, to professional companies that sell and maintain equipment claim they were owed a total of $2.3 million dollars.

That debt may be why St. Catherine`s workers may have taken a hit.

According to the federal inspection, from August to December of last year, the hospital stopped paying short-term and long-term disability insurance, 401-k payments, and union dues. In most cases, these items were deducted from workers paychecks.

And during a pay period last month, the report claims the hospital failed to pay federal income tax and social security that were deducted from the paychecks of its workers.

“They (the hospital) had tapped into their 401-k plan, that they had not had insurance. We all need insurance.”

The federal report concludes the hospital will no longer qualify for federal medicare payments unless it fixes the problems mentioned in the report.

Late this afternoon St. Catherine e-mailed a statement from CEO Merlyn Knapp. “We recently received a copy of the US Department of Health report, with which we do not agree. Currently, all options for the future of the hospital are being reviewed, including seeking a buyer. We especially would like to thank our employees and physicians for providing our patients with excellent clinical care and the community for their continued support over the years. ”

Meantime, all but the hospital’s Long-term care unit has been shut down, 150 workers remain laid off. Many are looking for new jobs and filing to receive unemployment benefits. To watch the television report go to the link below:

http://wnep.com/2012/04/04/federal-inspection-local-hospital-put-patients-at-risk/

The Pennsylvania medical malpractice lawyers at Schmidt Kramer Injury Lawyers can answer any questions you may have if you or a loved one are injured due to medical malpractice in Harrisburg, North Central Pennsylvania and around the Commonwealth, especially if you or a loved one have been seriously injured by negligence or recklessness.

——————————————————————————–

Apr

Study Clears Philadelphia Courts

April 3, 2012 – The performance of Philadelphia’s courts has been the subject of debate for some time now. Some have hailed Philadelphia’s courts as a model for other large urban courts around the country. For others, it has been labeled biased towards plaintiffs.

The report that Taking Back Our Courts has released is providing some clarity on the matter. Please read following report and share with others.

A Few Highlights

“The Philadelphia court’s handling of civil jury cases is now better than that of any large urban trial court in the United States.” – The National Center for State Courts (NCSC).

“The Philadelphia Courts have been one of the most awarded courts in the country.

“Philadelphia’s Complex Litigation Center has been found to “dispose mass tort cases far more expeditiously than the U.S. District Court for the Eastern District of Pennsylvania or any federal Multidistrict Litigation (MDL) court.” – The National Center for State Courts.”

“According to the most recent reports estimating median amounts awarded to plaintiffs in Philadelphia courts, total median amounts have dropped 40% from $49,000 to 20,000 over five years.”

The most recent estimates concluded that median amount awarded to plaintiffs in Philadelphia was $20,000. Philadelphia is dwarfed by other cities similar in size for example, New York’s median amount was $227,000, Los Angeles was $106,000 and Miami was $106,000.

An independent analysis of the Judicial Hellholes report found its findings are biased to large corporations and their attorneys. The analysis concludes by saying the evidence cited in the report is “substantively inaccurate and methodologically flawed.” – Cornell Law School Professor Ted Eisenberg

To read the full report go to the following link:

http://takingbackourcourts.org/wp-content/uploads/2012/03/Justice-For-Philadelphia-Courts-Final.pdf

Apr

New Pennsylvania Bicycle Safety Law Goes Into Effect Today

April 2, 2012 – As of today, it will no longer be legal for a vehicle in Pennsylvania to speed past a bicyclist just inches away or make a sharp right turn directly in the path of a bicycle rider. A state law that took effect at 12:01 a.m. requires motorists who pass bicyclists to give them at least 4 feet of buffer space. If they cannot do so safely, they must wait to pass. The measure also prohibits the “right hook” turn by a driver — a vehicle making a sudden right turn directly in the path of a cyclist.

The law requires cyclists traveling at below the normal speed of traffic to use the right lane or to stay “as close as practicable to the right-hand curb or edge of the roadway” except when passing another vehicle or preparing for a left turn. It allows them to move away from the curb to avoid hazards like potholes or debris.

A key section for motorists states: “The driver of a motor vehicle overtaking a pedalcycle proceeding in the same direction shall pass to the left of the pedalcycle within not less than four feet at a careful and prudent reduced speed.” Violations are summary offenses that carry a $25 fine.

The law allows drivers on two-lane roads to cross the center line in overtaking a bicycle if there is no oncoming traffic.

Pennsylvania is the 19th state to enact a law requiring a buffer zone when motor vehicles pass bicyclists.

The Pennsylvania car accident attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured in a bicycle accident in Harrisburg, North Central Pennsylvania and around the Commonwealth, especially if you or a loved one have been seriously injured while riding a bike due to negligence or recklessness of a person driving a car.

Pages (56): « First ... « 1 2 3 4 5 6 7 » ... Last »