Philadelphia Personal Injury

Nominations wanted: 2nd annual Anapol Advocate Award re spinal cord injuries

2011-04-18T22:04:00.000-07:00

The Anapol Schwartz Foundation was established by law firm Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., as a way for the firm to designate a portion of its profits to assist individuals affected by disabling injuries to lead better, more productive lives.

This year, Anapol Schwartz will honor an inspiring person who has enhanced the lives of individuals afflicted by spinal cord injuries. A $5,000 grant, derived from proceeds of successful cases involving spinal cord injuries, will be given to the winner’s choice of a qualified 501(c)(3) public charity serving the spinal cord injury community.

Candidacy is limited to those residing in the greater Philadelphia region. Both self-nominated and third party nominations are welcome. All nominations must be entered online at by April 25, 2011. Finalists will be determined by The Anapol Schwartz Foundation Award Selection Committee. Open Voting to determine the winner will run online from May 3, 2011 to May 18, 2011. The winner will be announced the fourth week of May.

The Anapol Schwartz Foundation assists 501(c)(3) public charities that serve victims and their families and funds research and programs aimed at advancing health and safety. The Anapol Schwartz law firm dedicates funds to the foundation as its wins cases on behalf of consumers and their families. For more information on The Anapol Schwartz Foundation, visit http://www.AnapolSchwartz.com/AnapolSchwartzFoundation.

Founded in 1977, Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., is a civil justice law firm with more than 25 attorneys and law offices in Philadelphia, Media, Reading and Harrisburg, Pa., as well as Cherry Hill, N.J., Wheeling, W.Va., and Scottsdale, AZ. The firm has represented consumers in matters ranging from dangerous prescription drugs and medical negligence to unsafe products and hazardous work site cases.

Philadelphia's Best Lawyers: Attorney Sol Weiss

2011-01-31T13:57:00.000-08:00

Congratulations to Sol Weiss, shareholder for Anapol Schwartz, a Pennsylvania personal injury law firm.

Attorney Weiss is currently featured on the cover of the 2011 edition of Philadelphia’s Best Lawyers, published by the Legal Intelligencer.

According to his bio, Weiss is a "lawyer's lawyer", he is able to handle the most complex case and still present the facts and law in a way that the judge and jury will understand.

He was co-lead counsel in the Vioxx settlement of $68.5 million and one of seven lawyers working together to receive $3.75 billion on behalf of Vioxx injury victims. In 2009, Sol Weiss received the Harry M. Philo Award of outstanding trial lawyer for his work on limiting Federal Preemption .

You can read more about Attorney Sol Weiss here.

Foreign Travel Injury Lawsuits

2011-01-18T11:59:00.000-08:00

Foreign Travel Injury Lawsuits

Navigating a foreign country is often difficult enough even under the auspices of a tour guide. But what happens when American tourists are injured in Mexico and the Caribbean?

U.S. attorneys must learn the complex legal lay of the foreign land in order to fight for your travel injury compensation rights. Even more challenging is representing an injured client when a travel agent or travel destination company is utilized to book the vacation package in the first place. Travel agents and travel destinations frequently turn the local tourism work over to more localized contractors whose first priority may not be personal safety.

Personal injury law firms contemplating whether or not to take on such foreign travel injury cases will review criteria pertaining to the clients, the merits of the claims, what damages ensued, and the foreign system of law. Like in the United States, every country or jurisdiction has a different statute of limitations on filing lawsuits.

Mark J. LeWinter and Jeffrey S. Downs, attorneys at the Pennsylvania personal injury law firm Anapol Schwartz Weiss Cohan Feldman & Smalley have successfully represented numerous people and their families who have been injured while traveling in Mexico and the Caribbean.

Please contact them if you have suffered as a victim of a foreign travel injury.

What's new at Anapol Schwartz attorneys at law?

2010-11-01T12:42:00.000-07:00

Anapol Schwartz is pleased to announce our merger with Coben & Associates, and welcome Larry Coben as shareholder to complement our extensive personal injury practice and our well-established mass tort practice.

Coben is nationally known for handling brain and spinal cord injury cases, with a special emphasis on helmet failure and crashworthiness, including seat belt and seat back failures, as well as air bag deployment failure, ejection and sudden acceleration.

The recipient of the American Association for Justice’s 2010 Consumer Advocacy award, Coben has obtained numerous seven- and eight-figure verdicts and settlements nationwide, including a $26 million verdict for a woman rendered a quadriplegic in a motor vehicle accident involving a seat failure, and a $12 million verdict for a high school football player who became a quadriplegic due to the defective design of his helmet.

He also achieved a $10.2 million verdict against Volkswagen on behalf of a Bucks County high school student who was injured as a result of her car’s defectively designed rear seat system, and a $30 million verdict in Gloucester County for a man rendered a quadriplegic due to a faulty airbag design. He is the author of “Crashworthiness Litigation,” a guide providing tactics for prosecuting such cases.

Two associates joining from Coben’s previous firm will practice out of Anapol Schwartz’s new office in Scottsdale, Ariz.

U.S. News & World Report ranked Anapol Schwartz among the best law firms in the Mass Tort Litigation/Class Actions-Plaintiffs category. The ranking was based on results from an industry survey; view the methodology.

Anapol Schwartz works tirelessly to ensure that drug manufacturers are held accountable for their defective products, and we’ve earned a national reputation for handling complex, high profile pharmaceutical liability cases and medical device cases.. Some of our past successes have included settlements for deaths and injuries caused by Fen-Phen, Baycol, Vioxx and other dangerous prescription drugs. In the past several months, we’ve been actively pursuing claims surrounding the HPV vaccine Gardasil, and prescription drugs Fosamax, Yaz/Yasmin and Zocor, as well as medical devices such as DePuy Orthopaedics’ defective ASR Acetabular Hip.

Philadelphia Personal Injury Lawyer & Toy Recall Lawsuits

2010-10-14T20:23:00.000-07:00

Miriam Barish, Anapol Schwartz personal injury attorney, informs NBC Philadelphia what parents can do to protect their children from recalled toys.

When a toy is recalled, some are still on toy shelves for sale, still in people's toy boxes, and in doctors' offices.

Watch the video to find out what every parent or guardian should know about keeping your kids safe from recalled toys.

Philadelphia Attorney Bernard Smalley Receives Award

2010-09-07T13:36:00.000-07:00

Congratulations to Attorney Bernard W. Smalley, shareholder of the Philadelphia personal injury law firm, Anapol Schwartz.

Attorney Smalley will be honored as the 2010 recipient of the 31st Annual Justice Michael A. Musmanno Award at a dinner held September 30 at the Park Hyatt Philadelphia at the Bellevue.

His practice focuses in the areas of medical negligence, pharmaceutical liability, defamation, class actions, products liability and other major personal injury cases.

Mr. Smalley is the first African-American ever elected to serve as President of the Philadelphia Trial Lawyers Association.

He frequently lectures on trial techniques before national, state and local trial lawyer and bar associations.

He received his Bachelor's degree from Temple University in 1971, and his law degree from Widener University School of Law in 1980. Prior to attending law school, Mr. Smalley was the Deputy Court Administrator for Civil Administration for the Philadelphia Court of Common Pleas.

According to the PTLA website, Justice Michael A. Musmanno was one of the greatest champions of justice this country has known. As a Pennsylvania legislator, he was well known for his efforts to bring about social reforms, clean elections and economic aid to the disadvantaged. His fight for the working people through humanitarian legislation was admired by both friend and foe.

Philadelphia Personal Injury Lawyer Influences Law

2010-08-29T11:55:00.000-07:00

Philadelphia personal injury lawyer Joel Feldman has been pushing for a stop for pedestrians in the crosswalks law since his 21 year old daughter Casey died while crossing the street in summer 2009.

She was hit by a distracted driver.

The new state law which went into effect on April 1, 2010 requires drivers to stop for pedestrians, as opposed to yield to pedestrians.

Philly Lawyers Teach Vaccination Litigation CLE

2010-07-22T21:29:00.000-07:00

PHILADELPHIA – July 21, 2010 – Lawrence R. Cohan, shareholder with Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., and Melissa Hague, an associate with the firm, recently presented a course for the New Jersey Institute for Continuing Legal Education on “Vaccine Litigation for Non-Vaccine Lawyers.” The course was designed to give attorneys who do not currently handle vaccine litigation the tools they need to start pursuing cases. Cohan has been litigating vaccine injury cases for nearly 20 years. He and Hague recently filed two Gardasil vaccine complaints before the United States Court of Federal Claims in Washington, D.C. to seek recovery for their clients under the National Vaccine Injury Compensation Program (NVICP).

During the course, Cohan and Hague provided an introduction to the NVICP and specific vaccines and gave an overview of the bifurcated process and how fees are handled. They also discussed case screening and intake, getting an expert on board, and the initial petition filing.

Chair of Anapol Schwartz’s toxic tort litigation department, Cohan serves as managing partner and senior trial counsel for the firm’s Cherry Hill, N.J. office. He concentrates his practice in toxic torts (including asbestos, chemicals and other dangerous products), pharmaceutical liability, vaccine-related injuries, medical malpractice, products liability, and complex personal injury matters. Cohan is a graduate of Boston University (B.A., summa cum laude, 1976) and The University of Pennsylvania Law School (J.D., 1979).

Melissa Hague focuses her practice in mass torts, products liability, class actions, medical malpractice, premises liability, dram shop and other personal injury matters. She earned her undergraduate degree from St. Joseph’s University (B.S., magna cum laude, 2003) and her law degree from Widener University School of Law (J.D., 2006), where she was a graduate of the Intensive Trial Advocacy Program.

Founded in 1977, Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., is a civil justice firm with more than 25 attorneys and law offices in Philadelphia, Media, Reading and Harrisburg, Pa., Cherry Hill, N.J., and Wheeling, W.Va. The firm has a multi-faceted practice with a tradition of excellence in medical malpractice law, pharmaceutical mass tort, medical device matters, toxic tort, asbestos, class actions, products liability, automobile, investor claims and wrongful termination litigation.

Pennsylvania Court Reinstates HRT Lawsuit

2010-01-13T18:09:00.000-08:00

Talk about a revolving door: A woman who won a $1.5 million verdict against HRT had her lawsuit dismissed when a Pennsylvania trial judge said she exceeded the statute of limitations in filing her lawsuit.

The judge was overruled because a study of the Women's Health Initiative in 2002 connected the dots between HRT and breast cancer.

This opens the door for 1,500 HRT cases filed in Philadelphia that are currently on appeal.

Pennsylvania Personal Injury Law Resource Book Now Available

2010-01-11T09:26:00.000-08:00

Joel Feldman, managing partner of Anapol Schwartz, a prestigious Philadelphia personal injury law firm, authored the resource book --The Library of Pennsylvania Personal Injury Forms.

The book contains hundreds of pages of forms and information you will need to prosecute your case from beginning to end. The book is a "must have" resource for every personal lawyer in Pennsylvania.

This is the only forms' book that concentrates on the 10 most litigious counties in Pennsylvania: Philadelphia, Delaware, Chester, Bucks, York, Montgomery, Allegheny, Luzerne, Westmoreland, and Berks.

Topics include:

· Medical malpractice

· Workers' compensation

· Construction site accidents

· Dram shop cases and more...

Forms include:

· New client/ initial intake forms

· Sample motions

· Sample arbitration forms

· Sample trial documents and more...

The book includes a handy CD-ROM with writable forms.

Co authors are Michael L. Barbiero, Esquire, and Amber Racine, Esquire.

The book may be purchased through The Legal Intelligencer Presents for $179.

Philadelphia lawyers: Click here for instant karma

2009-06-30T19:04:00.000-07:00

Don't you just hate those gimmicky websites that tell you to click here and there in order to get free cat food or mammograms for women in China?

Who knows how accountable they are.

Well, the so sue me jackass blog feels the same way, but this hardcore duo has something positive to say about Anapol Schwartz, a Philadelphia Personal Injury law firm.

Anapol Schwartz is donating $20,000 to their clients' favorite charities. And you too, can vote for the charity of your choice. Read all about it here.

Personal Injury and Back Pain

2009-01-30T18:27:00.000-08:00

Almost everyone suffers from low back pain now and then. Sedentary lifestyles, bad posture, and lack of exercise are some of the causes. Even though low back pain is a common affliction, it is very difficult to pinpoint the cause.

Usually there are two basic ways to relieve back pain:

Drug therapy: Doctors might prescribe non-steroidal anti inflammatory drugs (NSAID) or acetaminophens. Unfortunately, these drugs can have gastrointestinal side effects. Then the doctor prescribes more drugs for the gastrointestinal suffering. That can’t be right.

Physical therapy: Physical therapy aims at relieving pain and providing muscle relaxation. The three most common types of therapy are: superficial heat applied to the affected area for 20 to 30 minutes; ultrasound applied to the affected area for 10 to 15 minutes (some medical restrictions apply); and cold packs for 20 to 30 minutes.

Rest, prescribed exercise and chiropractic treatments may also help. Everyone’s treatment will be different as well as their recovery.

$5 Million Personal Injury Settlement, Anapol Schwartz

2009-01-16T11:58:00.000-08:00

Talk about being in the wrong place at the wrong time.

A 42-year-old prison social worker was on her way home from work in a SEPTA Paratransit van in 2005 when a branch from a falling tree severed her leg causing it to be amputated above the knee.

The $5 million settlement was won by her lawyer Alan Schwartz , shareholder and founder of Anapol Schwartz law firm with offices in Philadelphia, central PA., and New Jersey.

Attorney Schwartz's argument was based on that PennDOT and an engineering company under contract to inspect trees on state roads, had been negligent in not identifying the rotted tree and having it removed.

The driver of the van was also injured. The victim who is legally blind is trying to get her job back while studying for a masters degree.

Anapol Schwartz Law Firm Donates $25,000

2009-01-04T18:20:00.000-08:00

The Philadelphia personal injury law firm of Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley donated a gift of $25,000 to the Burn Foundation. The gift is specifically designated to provide a mentorship program for burn victims.

Firm managing partner Joel Feldman saw the need and made it happen.

Philadelphia Lawyers and Free Consultations

2008-11-13T09:04:00.000-08:00

Free consultations are always worthwhile to explore.

"There are a thousand tales in the Naked City." That may be a very dated reference since the classic television program The Naked City aired well over four decades ago. But, those words still resonate very strongly to this very day. When you live in a big city, you will come across a number of situations in your life. Some of those situations may not exactly be positive. For example, one could suffer a slip and fall accident or a car accident or any one of a number of unavoidable calamities. Now, if you live in the City of Brotherly Love and you suffer an injury that is not your fault then you may need to visit a Philadelphia lawyer to discuss your legal options.

Of course, some may worry about the costs involved with meeting with a Philadelphia lawyer. Some law firms may charge significant money for an initial meeting. But, not all firms do this. Some may charge a very nominal fee while others might even provide a free initial consultation. These low (or no) cost options open the door for an individual to at least receive a decent summation regarding the merits of a case.

These meetings can provide an individual with a clear understanding of their case. This means they will be informed of the legitimacy of the case and the chances for winning the case. This way, the individual can at least walk away with a general understanding of where they stand with their particular case. That can take much of the stress and uncertainty out of understanding the basics of litigation. Best of all, the costs associated with such a meeting will not be prohibitive to expanding. As such, investing a little time discussing your case in a free consultation would be a wise option.

The Lawyer's Track Record

2008-10-30T07:46:00.000-07:00

Lawyers that win cases are worth retaining.

It should go without saying that there are many professional Philadelphia lawyers working in the City of Brotherly Love. This is because there is a great need for their services. This need is the reason the yellow pages are filled with advertisements for qualified attorneys. Of course, there is also the internet which contains many advertisements for attorneys all claiming to be the top of their field. While it is always better to have too much choice than to have too little there also comes a time when someone must make an actual decision. In other words, a client will have to select a particular attorney to hire. But what Philadelphia lawyer should they hire? That is a question that can only be answered based on an examination of the track record of the attorney and research into that background.

That is to say, wins and losses count. If you need procure the services of an attorney you want one that is going to win your case. Anything else would defeat the purpose of even hiring a Pennsylvania lawyer in the first place. But how can you tell if the attorney will definitely win your case?

Well, there is absolutely nothing that can guarantee the case will be won. They are just too many variables to consider. However, based on certain facts you can select an attorney who has a better chance of winning the case. Obviously, an attorney who has a strong win-loss record for litigation would be one way of selecting an attorney. If an attorney has won the vast majority of prior cases then this may indicate that you have found an attorney who knows what he or she is doing. It would go without saying that your attorney should bring this experience and skill to your case. Remember, a track record can count for a lot in your decision process, and that is why it should never be discarded.

Costs Covered in a Contingency Plan

2008-09-30T07:45:00.000-07:00

Administrative costs are generally in addition to contingencies fees.

If your funds are limited and you wish to retain the services of a top Philadelphia lawyer, you should seek an attorney whose fees are based on a contingency plan. That means that the attorney will only charge a percentage of the settlement or judgment as payment. Therefore, those who might not otherwise be able to afford legal representation can procure such services without expending a great deal of money. It is important, however, for people to realize that there will be additional costs associated with legal representation beyond the lawyer's contingency fees.

Keep in mind, there are a number of costs associated with filing a lawsuit. For example, paralegal services will be critical for the preparation of the case. Paralegals, of course, will charge a fee for their services. Other fees associated with litigation include office administrations, expert witnesses, mailing, and even private detectives. Let the truth be told, all of various components of litigation come with costs and fees. These fees will be absorbed by the client and not the Pennsylvania lawyer.

Now, some will assume these are "hidden" fees but that is not the case. They are simply administrative costs outside the attorney's actual service. And, remember, there's always the possibility that the attorney will not win the case. Would it be fair for the attorney to absorb all the costs associated with the loss of the case? This would make it cost prohibitive for the attorney to even stay in business. So, it should come as no surprise that these underlying costs must be paid by the client who procures the service of the law firm. It is the client who procures the services and that means the client must bear the brunt of the logistical costs associated with the case. It is important that clients understand this when selecting a contingency plan option.

The Issue of Maximum Compensation

2008-09-13T09:17:00.000-07:00

There are occasional caps on judgments depending upon state laws.

Maximum compensation is often discussed when it comes to filing a lawsuit. Often, many television advertisements that feature legal services will discuss the maximum compensation that one might be able to receive for a lawsuit. Now, most people assume the maximum compensation refers to the most money they can acquire based on their own personal pursuit. In other words, it is the plaintiff who decides what the maximum compensation will be.

Well, this is the notion at least in theory. In reality, the plaintiff must be grounded in absolute reality when it comes to receiving maximum compensation. If you have been injured in a construction site accident and the injury results in ten stitches above your eye, then you are not likely to receive a multimillion dollar judgment. Yes, there will be those who will seek a multimillion dollar judgment but they may be somewhat deluded. After all, the severity of the injury just does not warrant such a huge payoff.

There are many factors that go into deciding what maximum compensation should be. Essentially, the extent of the injuries will determine maximum compensation. If you have been severely injured then your claim for damages will be higher than if you were slightly injured. Also, seeking damages is not always punitive. That is, one may sue to recoup financial expenditures. If your medical bills have been covered by insurance, you probably will not be awarded any compensation for medical bills. After all, your bills have been paid.

Now, none of these statements are put forth in order to be downbeat or cynical. They are simply provided in order to be expanded upon the reality of the situation. You do want to be grounded in reality when and your Philadelphia lawyer you are filing a lawsuit. Otherwise, you may find yourself extremely disappointed at the outcome.

What is a Contingency Fee?

2008-08-30T07:43:00.000-07:00

The definition of a contingency fee is provided.

As much as we wish attorneys will work for free, this is just not the case. As with any other professional service, attorneys will require compensation for their representation. While some may bemoan this fact, to do so is lacking in foresight. After all, if an attorney was not being properly compensated for his work then it would be doubtful that the quality of representation would be at the highest level. This is just a fact of life. But, some may wonder how this may help those who may not have the funds to afford a Philadelphia lawyer. Well, in many cases, there is a viable option and it comes in the form of a contingency payment plan.

For those not familiar with what a contingency payment is, this means that the attorney will not charge a fee until a lawsuit is settled. That is, the attorney will take a percentage of the judgment or settlement. (This percentage the attorney receives will vary based on the specific attorney, the case itself, etc.) So, if the Pennsylvania lawyer does not win the case then the client will not be required to pay a fee. This creates a tremendous opportunity for those who may not be able to procure the help of an attorney without such a payment option available.

Also, the ability to collect a percentage of the settlement or judgment provides a solid incentive for the Pennsylvania lawyer to best serve a client. This is another reason why contingency plans are very popular with clients. After all, the potential financial reward of getting the highest settlement benefits the attorney and the client equally. So, the attorney will not perform at anything less than his or her best because there is a huge incentive for successfully litigating the case.

Treatments for Linear Scleroderma

2008-08-06T06:01:00.000-07:00

An overview of the treatments for this skin condition is provided.

Linear Scleroderma remains one of the most difficult forms of this condition to because it is known to affect the facial area as well as the legs and arms. Now, while it is very unsightly to have deformations on one's arm or leg the presence of this condition on one's face can be tremendously harmful for one's self esteem. This is why there is such a desire for a reliable treatment for the condition. Thankfully, there are a number of treatment options available as the National Library of Medicine acknowledges and lists in detail.

Unfortunately, there is no treatment that can outright cure the condition, but this does not mean contracting linear sleroderma is dire. Thankfully, there are quite a few methods of treatment that can be utilized to reduce the problems associated with this very unsightly and problematic skin condition. In the absence of an actual cure, these treatments are helpful.

While this may come as a surprise to a number of people, raising blood pressure levels has been very effective in terms of reversing some ravages of this condition. This is why common blood pressure medications have been prescribed people suffering from this disorder. Part of the reason for this is because these medications can act as an anti-inflammatory medication which reduces much of the coarsening that this particular skiing condition is known to cause.

According to the University of Maryland Medical Center, it is also possible to treat this condition with prostacylins, ACE inhibitors and other products that are designed to open blood vessels. In other instances, it is common to use anti-inflammatory drugs since they have the potential to reduce skin thickening in the same manner the methods of raising blood pressure will do. Common anti-inflammatory drugs are used as well including cyclophosphamide which has proven itself to be quite effective in this regard.

One of the most unique means of treating the condition is still in the developmental stage. This process is stem cell transplantation and while it has not been enacted on any large scale initial research shows a great deal of promise for this procedure to be effective. Perhaps it will be effective and only time will tell.

As one can see, there are a number of options open to treating this condition. Hopefully, as research progresses, a full cure will not be out of the realm of possibility.

SOURCES:
http://www.umm.edu/patiented/articles/what_scleroderma_000088_1.htm
http://www.nlm.nih.gov/medlineplus/scleroderma.html
http://burn-injury-lawyers.blogspot.com/

Working with Your Lawyer

2008-07-31T06:19:00.000-07:00

Don't withhold info from a lawyer or else a case could unravel.

Let's say that you are ready to file a lawsuit. You look for the best possible attorney you can hire and discover a Pennsylvania lawyer that has a strong track record for success. If you are hiring this attorney you are doing so because you want to win the case. So, why would you do things that would undermine your ability to win the case?

Undermine the case? Who said anything about doing that? Well you don't have to say anything if you are going to embody traits that make it difficult for the attorney to win the case. For example, many people will not be 100% honest or forthcoming with their attorney. This could be downright disastrous! Yet, there are those will do exactly that.

For example, let's say that the client is involved in a car accident. However, the client had not had the brakes of the car checked for four years. This is a terrible oversight that they never should have made. But, they had been less than enthusiastic about taking care of their car. So, when the client goes into the meeting with the Philadelphia lawyer they do not divulge such information. Later on, when the information is finally revealed perhaps in the discovery process, the case may be ruined. Now, who would want to be in a situation like this? Yet, people will do this because they do not embarrass themselves in front of their attorney by admitting negligence. Well, nothing will be more embarrassing than having the truth come out and a very inopportune time; particularly, when this information should have been divulged to the attorney in the first place.

Remember, your attorney is there to help you and if you undermine your attorney you would only be harming your own case. Obviously, this would be ill advised.

Using the Internet to Find a Qualified Attorney

2008-07-28T13:55:00.001-07:00

Using the internet and online evaluation forms can help with procuring an attorney.

The internet is a great thing because it allows people to perform a number of duties that previously could not be performed with any ease. One such "new use" for the internet is the ability to find a qualified attorney to handle a particular case. More often than not, the internet is the perfect vehicle for finding the right attorney that meets your particular needs. One way this is done is by filing out an online case evaluation. Often, a case evaluation sends information to the attorney who then will respond. In other instances, the case evaluation will automatically provide a numerical grade for the validity of the case. This type of evaluation can be problematic. While such numerical grading is helpful it is far from an absolute authority.

In a perfect world, a numerical evaluation would be worth its weight in gold. Of course, the world is not perfect and any device providing automated legal advice on the validity of a case is dubious at best. Such a program should be used for informational purposes only and not as an authority on the merits of a case.

The only way to truly ascertain whether or not the case has merits is to discuss the case with a qualified Pennsylvania lawyer in depth and in detail. This is why many a Philadelphia lawyer offers consultations prior to taking a case. There is simply no way a computer program can possibly decide the validity of any litigation. So, approach any information derived from such software for informational purposes only. That is, rather than accept it on face value it would be best to discuss whatever results you receive in a face to face interview with an attorney. This way, you will truly know the merits of the case as the well as discovering the proper method of moving forward.

Car Accidents - Car Owner - Road Safety Agencies

2008-07-04T07:55:00.000-07:00

The WHO statistics indicate that more than one million people die in road accidents worldwide every year. Surveys of road accidents point to a multitude of factors that contribute to these unfortunate events.

Car Accidents - Their Causes
Automobile boom has no doubt fuelled economic growth, but it has also brought about a rise in the number of car accidents causing deaths and injuries to millions each year. Statistically speaking car accidents can never be avoided in totality. Nevertheless, a lot can still be done to considerably improve road safety.

An insight into the contributing factors of car accidents will provide a fair idea as to how we can improve road safety.

automobile accidents

It is for the government and road safety agencies to take stock of the above factors and identify solutions that can reduce the rate of injury and fatality.

Traumatic Brain Injuries - Acquired Brain Injuries - Head Injury

2008-06-27T08:44:00.001-07:00

No matter whether the symptoms are mild, moderate or severe, traumatic brain injuries are usually irreversible. Most of the victims require surgical treatment to stabilize the health condition.

Traumatic Brain Injuries - Are They Irreversible?
Traumatic brain injuries (TBI) are also known as acquired brain injuries. TBI refers to the damage to the brain because of sudden trauma. A head injury is considered to be TBI if an object pierces the skull and enters the brain tissue. TBI can also occur because of an object hitting the head suddenly and violently. The damage can be mild, moderate, or severe depending upon the intensity of the accident.

The mild traumatic brain injuries may result in symptoms like memory difficulty, troubled concentration, behavioral changes, irregular sleep patterns, fatigue, blurred vision, ringing in the ears, dizziness, and headache. The moderate and severe TBI will also show all these symptoms, but in a worse manner. For example, it may result in a permanent headache, agitation, restlessness, increased level of confusion, a loss of coordination, extreme weakness, slurred speech, long sleep hours, and even repeated nausea.

Any kind of traumatic brain injuries need urgent attention. You must get medical treatment as soon as possible. However, the brain damages that are caused by sudden trauma are usually irreversible. Still, if medical treatment is given instantly the individual can be stabilized and further injuries can be prevented. The treatment focuses on a few main things, which may include controlling blood pressure, maintaining adequate blood flow, and proper oxygen supply to the brain as well as to the whole body. Most of the victims, however, need surgical treatment to stabilize their health condition. However, lawsuits can be filed considering the specific circumstances in which the accident took place.

Anti Smoking Drug Chantix Prohibited in the Sky

2008-05-28T11:58:00.000-07:00

According to the NY Times report, Pilots and air traffic controllers who are trying to kick the nasty habit of smoking will have to find a safer product than Chantix. And that’s an order say the Federal Aviation Administration (FAA).

Why? It appears that Chantix side effects include suicide and other serious psychiatric symptoms. That’s scary for anyone but especially for the men and women who are responsible for the lives of many such as pilots and air traffic controllers.

The FAA approved the use of Chantix in 2007 but was discontinuing its approval. The discontinuation was based on a report from a consumer drug watchdog group linking Chantix to the growing number of harmful side effects such as psychiatric instances, falls and accidents, heart attacks, diabetes, seizures, and lethal heart rhythm disturbances.

Philadelphia Lawyers - Workplace Injuries - Workers Compensation

2008-05-20T07:54:00.000-07:00

The designation Philadelphia lawyers refer to an attorney who is adept at manipulating all the technicalities to achieve victory in all legal matters. This expression dates back to the 1700s and the term was initially used to compliment a person of legal expertise.

All About Philadelphia Lawyers

Philadelphia lawyers were considered to be shrewd attorneys who were adept at dealing with legal technicalities of all kinds. This colloquial term was earlier used to compliment the legal expertise and competence of an attorney. Their outstanding reputation at the Philadelphia bar during the colonial times had granted this image to these lawyers.

More recently this term has become a label for a lawyer who is skillful and can manipulate the technicalities and the intricacies of a case to the advantage of his client. In this process, the Philadelphia atttorney might also violate the spirit of the law, but what counts for him is winning the case. He might use repeated motions for postponement of an action or use excessive discovery requests and dilatory tactics for gaining advantage.

The Philadelphia Lawyer Would Be Found Practicing In The Following Areas

Workers compensation and workplace injuries:
• Defective and dangerous product injuries
• Construction accidents
• Auto, truck, motorcycle, bus, train or trolley accidents
• Slip and fall injuries
• Pedestrian accidents
• Medical malpractice
• Longshoreman accidents

The above areas of practice would be dealt by personal injury lawyers. All clients receive personal attention and are continuously informed about the status of their cases. The Philadelphia atttorney works zealously to assure that every person receives the compensation that he or she is entitled to. The aggressive lawyers understand the law and fight for you so that you get the largest award, as much lump sum payment as possible. The settlement would be such that it could take care of all your medical bills and mental stress.

The Philadelphia lawyer would ensure that you get all the social security disability benefits that would be otherwise refused to you had you approached an insurance agency. They would analyze and investigate all the facts of the case to ensure that they have explored all possible opportunities to obtain compensation for their clients.

Pennsylvania: Teacher Killed in Dump Truck Accident

2008-04-29T12:38:00.000-07:00

A Philadelphia kindergarten teacher was killed in an accident when her sub compact car was struck by dump truck. Another driver was also injured. Witnesses said the sub compact drifted into oncoming traffic moments before the accident. The dump truck driver said he did not have enough time to react because he did not see the sub compact until he reached the top of the hill. The drivers tried to swerve away from each other but still could not avert the crash.

The Barren Hill fire department pulled the 32-year-old victim out of her crumpled vehicle; she was pronounced dead at the scene by the county coroner. Police are working with the Montgomery County District Attorney's office to investigate the crash.

The reason is still unclear as to why the victim drove into oncoming traffic. It could take up to three weeks for toxicology test results to come back from the lab and determining what caused the accident may take awhile.

see: http://www.zwire.com/site/news.cfm?newsid=19511617&BRD=1681&PAG=461&dep

Negligence

2008-04-16T11:47:00.000-07:00

Negligence is defined as when the actions (or inaction) is less than what any reasonable person would do (or not do) to protect the well being of another individual that results in harm to their body, property, mental well-being, financial status. If an injured person proves that another person acted negligently to cause his injury, he can recover damages to compensate for his harm.

Medical negligence occurs when the treatment provided by a health service provider falls below an acceptable standard. Examples include a physician leaving a clamp inside of a surgery patient or administering medication to the wrong patient. It is the unfortunate reality that medical treatment is sometimes unsuccessful and injuries can sometimes result but that does not always mean that there has been any negligence. Negligent treatment usually goes beyond a simple reasonable mistake or error.

Persistent Personal Injuries

2008-04-09T11:56:00.000-07:00

One aspect that people need to understand when it comes to filing a lawsuit related to a product recall is the condition of the affected person. Obviously, someone who is left with permanent lingering problems will have a greater claim to damages than someone who has made a complete recovery. Now, this does not mean that someone who has made a complete recovery will be unable to recoup damages but speculation on the monetary amount presented in the form of damages will be contingent ultimately on the permanent effects of the injury. The worse and the more persistent the injury then the potential for receiving more monetary compensation is possible.

Contingency and the Personal Injury Lawsuit

2008-04-08T12:20:00.001-07:00

When filing a personal injury lawsuit it may be best to seek the help of attorneys to charge their clients on a contingency basis. That is, the client does not pay anything until the case is settled. Granted, the fee can be in the 30% – 40% range but there will be no fees if the attorney can not recoup any damages. This is an excellent payment option because it does not place the plaintiff in a terrible financial bind when seeking damages in a personal injury suit. In a way, paying a lawyer on a contingency makes procuring the services of an attorney more affordable and accessible to all.

Being a Defendant in a Personal Injury Case

2008-04-07T12:57:00.000-07:00

When people think of personal injury law they often think almost exclusively of being the plaintiff in the case. Of course, there are two parties to a lawsuit and that means you may find yourself as a defendant in the case. If this occurs then it is critical to seek qualified professional legal advice as the stakes are very high in such a situation. A significant judgment against you could lead to the loss of all your assets and clearly this is not a situation anyone would wish to find them. This is why it is critical not to muddle through any settlements or even discuss the case on your own. Instead, it is best to seek the help of a qualified professional attorney who can settle the situation for you in the proper manner.

Philadelphia Lawyers and Stock Market Loss Suits

2008-04-04T11:18:00.001-07:00

Philadelphia is home for a number of successful entrepreneurs and many of these people "hedge their bets" and look to invest their income in the stock market. Since these people are honest individuals looking to expand their assets law have been enacted to protect them from fraud. Unfortunately, there are dishonest people who can commit stock fraud and this is where a Philadelphia lawyer who specializes in stock fraud cases can be helpful. Someone who loses their hard earned income through frauds should be provided with a means of recouping their losses and a Philadelphia stock fraud lawyer can definitely help in this regard.

Dealing with Personal Injury Settlements

2008-04-01T03:48:00.000-07:00

If you are the victim of a personal injury accident in Philadelphia, you may find the responsible party offering you sums of money as a settlement. They wish to do this so as to avoid a drawn out lawsuit and you might even share the same opinion. You may, however, be doing yourself a severe disservice. This is why it is critical to let a qualified attorney handle matters such as personal injury settlements. A level headed professional lawyer who is removed from the situation personally would be the best person to handle such a situation. So, if you do find yourself in such a situation do not try to navigate the waters yourself. Instead, seek the help of qualified professionals who know the proper steps to take.

Philadelphia Lawyers and Personal Injury

2008-03-31T12:20:00.000-07:00

If there was one type of law practice that people did not clearly understand it would be personal injury law. The reason for this is that the lawyers who are involved in this practice have been placed in a very dark light by many in the media. But, if you are severely injured in an accident due to someone's gross negligence then you will have only one person to look for help: a quality Philadelphia lawyer who has significant experience in personal injury law. Without the help of such a lawyer the ability to receive just compensation for your injury will not be possible. As such, some of the negative connotations of Philadelphia lawyers who specialize in personal injury law are often unfounded.

The Philadelphia Lawyer – Coining a Phrase

2008-03-31T12:19:00.000-07:00

The term Philadelphia lawyer has taken on a colloquialism in our vernacular and some may wonder why. In order to understand why one must look at the definition of the colloquialism and it refers to a lawyer who is highly shrewd and at the top of his field. The origins of this term are not born of recent history but actually date back to the early colonial history of the United States. In the early 1700's Alexander Hamilton won a highly publicized courtroom trial for his client and since the lawyer Hamilton was based out of the city of Philadelphia it become common to refer to top notch lawyers as "Philadelphia lawyers". Perhaps that is Hamilton's most enduring legacy.

Contact Lens Solution & Lens Use

2008-03-31T11:40:00.000-07:00

Corneal Transplants Have Resulted from Faulty Eye Solutions

Recent problems with Bausch & Lomb MoistureLoc and AMO (Advanced Medical Optics) Compelte MoisturePLUS solution have resulted in dangerous eye infections and vision loss.

This is information you should know about contact lens use and the dangers of certain solutions that are on the market. Most of the problems have occurred in one-step, multi-purpose solutions. These no-rub solutions have been at the heart of CDC and FDA investigations over blindness and severe eye infections.

Guidelines for soft contact lens use
All contact lens users should follow established guidelines to help reduce the risk for serious eye infections, including Acanthamoeba keratitis. Here are some additional contact lens wearing recommendations:

Visit your eye care provider for regular eye examinations.
Wear and replace contact lenses according to the schedule prescribed by your eye care provider.
Remove contact lenses before any activity involving contact with water, including showering, using a hot tub, or swimming. Extended-wear contact lens users should discuss their concerns with their eye care provider.
Wash hands with soap and water and dry before handling contact lenses.
Clean contact lenses according to the manufacturer's guidelines and instructions from your eye care provider.
Use fresh cleaning or disinfecting solution each time lenses are cleaned and stored. Never reuse or top off old solution.
Never use saline solution and rewetting drops to disinfect lenses. Neither solution is an effective or approved disinfectant.
Store reusable lenses in the proper storage case.
Storage cases should be rinsed with sterile contact lens solution (never use tap water) and left open to dry after each use.
Replace storage cases at least once every three months.

About Corneal Transplants
The cornea is the front window to the eye. The cornea allows light into the eye and refracts the light rays to help the lens focus on the retina. Corneas must be crystal clear and of the proper curvature.

A cornea may be cloudy because of eye injuries from wounds, sharp objects, burns or chemicals. Corneal infections may be caused by bacteria, viral, or fungal in nature. Severe infection will lead to scarring. Fungal keratitis (also known as fulsarium keratitis) and Acanthamoeba keratitis (AK) may lead to corneal scarring.

As with any operation, a corneal transplant has some degree of risk. The success rate is often relative to the cause. Transplants due to scarring of the cornea from infections typically have a lower success rate.

How to contact the FDA if you have an infection from Len Solution: The FDA can be contacted at 800-FDA-0178. MedWatch is on the lookout for these problems and is eager to learn of individuals having eye infection problems from AMO. AK - Acanthamoeba Keratitis is a rare and very dangerours eye infection and needs immediate medical attention. With so many AMO patients suffering this problem, the product has been linked to causing the infections in many users.

Sources:
Centre for Disease Control and Prevention
Steen Hall Eye Institute, Louisiana
Anapol Schwartz Attorneys at Law

Paxil Ruling in Philadelphia Courts

2008-03-26T13:58:00.000-07:00

This week a Philadelphia judge ruled that federal law cannot pre-empt a state product liability claim. The first Paxil case, Collins v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline focuses on the alleged failure of the makers of Paxil to warn the pill-taking public about the increased risk of suicide. The judge of Philadelphia Common Pleas Court's Complex Litigation Program, denied a defense motion for summary judgment, ruling that the doctrine of federal pre-emption does not preclude the plaintiffs from arguing that GlaxoSmithKline failed to fulfill its duty to warn users of Paxil of an alleged association between the use of the drug and suicide.

Sol H. Weiss, a shareholder of Anapol Schwartz Weiss Cohan Feldman & Smalley and the plaintiffs' attorney in Collins, said he is not aware of any other Pennsylvania common pleas court opinions dealing with the federal pre-emption issue in pharmaceutical cases since the FDA unveiled revisions to its prescription drug labeling requirements in January 2006 and unveiled the "pre-emption preamble," which said that FDA approval of drug labels pre-empts conflicting or contrary state law.

Andrew Bayman, national trial counsel for GlaxoSmithKline's Paxil litigation, is a partner with King & Spalding in Atlanta and that firm's practice group leader for its tort litigation and environmental group. He said he believes this is the first Philadelphia pharmaceutical case addressing the federal pre-emption issue. GlaxoSmithKline is prepared to take the Collins case to trial and present evidence that there were other stressors, along with pre-existing depression that led to the suicide.

Weiss said, “This is a very hot area of litigation because the pharmaceutical companies want a free pass, If these claims are pre-empted, then all these people who are injured won't have a right to recovery.” There are 60 cases pending in the Philadelphia Paxil program.

In the Collins case, the survivors of Bobby R. Collins brought a claim against GlaxoSmithKline, alleging that the Paxil prescribed to Collins for stress-related depression did not have an adequate warning of possible suicidality. Collins committed suicide Feb. 14, 2002.

http://www.law.com/jsp/pa/index.jsp

Osteoporosis drug Fosamax linked to thigh fractures

2008-03-25T11:01:00.001-07:00

March 19, 2008--Researchers report that long-term use of Fosamax is associated with unusual fractures of the thigh bone.

(Fosamax is a bisphosphonate, a class of drugs recommended for post menopausal women and some men for long term use to combat osteoporosis and osteopenia due to aging, menopause, and some medications.)

Fosamax appears to be causing the very problem -- bone fractures -- for which doctors prescribe Fosamax for.

The thigh fractures were low-energy fractures, meaning that they all occurred from a fall from standing height or less, and the bone cracks were in an unusual horizontal pattern. About one-third of women with these types of fractures were on long-term therapy to prevent osteoporosis.
Of these women, two-thirds were taking Fosamax for an average of more than seven years.

These fractures occurred when the women were basically doing nothing.

Fifteen women were included in Lane's analysis. The average time on Fosamax was 5.4 years before they experienced the unusual femur fracture. Of these 15, 10 women had similar, atypical fractures. These women had been taking Fosamax for an average of 7.3 years, while the remaining five had only been on the drug for an average of 2.8 years.

The researchers conclude that there is a potential link between Fosamax (generic-alendronate_ use and low-energy fractures of the femur. The study is published in the March 20 issue of the New England Journal of Medicine. Authors acknowledge the limitations of their retrospective analysis and suggest that these findings need to be confirmed in a prospective study.

There are several theories as to how Fosamax could be related to these fractures. One is that the drug slows down the development of new collagen. Another could be because there is slower bone turnover on the medications. That could mean there may be accumulated micro-damage in the bone, making it more susceptible to fracture in certain women.

Women who've been taking this medication for a long time and have test results that suggest low bone turnover, may want to take stop taking the medication for a year but talk to your doctor first.

In January 2008, the U.S. Food and Drug Administration issued an alert to doctors about the possibility of severe bone pain occurring as a result of bisphosphonate therapy. Also, last year Fosamax was implicated in some cases of atrial fibrillation, a serious type of irregular heartbeat. The FDA hasn't found evidence to support the connection of atrial fibrillation and Fosamax…yet.

see: http://health.usnews.com/usnews/health/healthday/080319/fosamax-linked-to-unusual-femur-fractures.htm

Move over Johnson and Johnson: Another Company Recalls Pain Patch

2008-03-12T05:04:00.001-07:00

Actavis, another big pharmaceutical company is recalling its pain patches because of a flaw that could cause patients or caregivers to overdose. The Actavis pain patches have the same defect that Johnson & Johnson Duragesic pain patch have; where there could be a tear in the fold of the pain patch causing the pain gel to leak.

The Actavis patch recall covers 14 lots of patches. Actavis and its former name Abrika Pharmaceuticals is listed on packaging. Do you wonder that perhaps all the pain patches that have the fentanyl pain gel in the reservoir are prone to leakage? It wouldn’t be the first time that this model of pain patch has had the problem. Does one design flaw have a domino effect?

See: http://www.fiercepharma.com/story/mylan-steps-into-pain-patch-void/2008-02-26