Caroselli, Beachler & Coleman, L.L.C.

December 2011 Archives

Massive asbestos exposure settlement proposed

Garlock Sealing Technologies has recently made promises to pay out on approximately 100,000 asbestos related injury claims that have been made against the company. The company plans to do so through a Chapter 11 exit plan that needs to be approved by a bankruptcy judge and that will create a trust fund for paying out current and future claimants against the company. Money set aside could equal $200 million.

Not all states sufficiently regulate cosmetic surgery

Fortunately for Pennsylvania residents, accreditation and licensing is required for a plastic surgeon to provide cosmetic procedures. There are states in which such practitioners will perform such procedures without any training outside of their own particular specialty. This has led to a number of physician related errors.

Deceased Pennsylvania worker's heirs entitled to benefits

Heirs to a worker that died from an overdose of a prescription medication prescribed to him due to a work related injury are entitled to workers' compensation benefits. The benefits were rewarded despite a review finding that concluded the use of the drugs were not necessary.

Online medical information difficult to locate

Available information online concerning a Pennsylvania doctor's or hospital's history might not always be the best or most accurate information to rely upon. The websites that most consumers find easily accessible on the internet are generally managed by privately owned companies rather than community based or government run websites. This also makes information concerning doctor or hospital errors more difficult to locate as well.

Doctors concerns about turning over their patients' notes

Most patients feel that having access to their doctor's notes would be helpful in that they could be more proactive in their own medical care. The majority of doctors, on the other hand, felt ill at ease in sharing such notes.

Recent product recalls in the United States

There have been a series of products recently recalled in states such as Pennsylvania. These would include battery cases, elliptical trainers, golf carts, and flashlights. The batteries can overheat, exercise equipment presents dangers of individuals falling from the equipment, fuel tanks on golf carts can leak creating fire hazards, and plastic flashlights can overheat or melt during prolonged use. More information concerning the recalls can be found on the Consumer Product Safety Commission website (www.cpsc.gov).

Parents bring wrongful death lawsuit on behalf of stillborn baby

A couple brought a wrongful death lawsuit on behalf of their deceased infant boy. Interestingly the case has not made it very far yet on its merits because the courts were deciding whether a wrongful death lawsuit was even available in the case of this baby boy who was not born alive.

Doctor error in use of medical device leads to patient injuries

Pennsylvania doctors must place the safety of their patients first. This means that they must keep current on all pertinent medical information in their area expertise, and especially for the medications and medical devices that they rely on in the care of their patients. Failure to do so can lead to doctor errors that can have real life consequences for their patients.

Increased medical malpractice liability for failure to communicate

As we discussed in our previous post, breakdowns in communication between doctors and other specialists regarding diagnostic tests result in many injuries to patients each year. This unfortunate reality has recently been confirmed by a study undertaken by the State University of New York Downstate Medical Center in Brooklyn. The researchers studied medical malpractice claims awards and communication failures from data collected from 1991 to 2010.

Pennsylvania boys suffers wrongful death at camp

Owners of property are responsible for ensuring that anyone entering the premises is safe and does not suffer personal injuries as a result of a dangerous or hazardous condition. This means that property owners must regularly inspect their premises and take all necessary measures to properly maintain the safety of their property. Failure to do so can place innocent victims at risk of serious harm and even wrongful death.

Official Mericle Settlement Release

PRESS RELEASE

Mericle Construction, Inc. and counsel representing juveniles and parents of juveniles who appeared before former Juvenile Court Judge Mark Ciavarella announced today that the plaintiffs have agreed to settle all claims against Mericle Construction and its president, Robert K. Mericle.

CBMC Announces Partial Settlement in Luzerne County Juvenile Court Case

Philadelphia, PA - Today the law firm of Caroselli, Beachler & Coleman, L.L.C. (CBMC) announced that a partial settlement has been reached in the Luzerne County juvenile detention civil case. Under the agreement, Mericle Construction and its president, Robert K. Mericle will pay $17.75 million into a settlement fund. "We could not be more pleased on behalf of these kids and their parents who have been waiting for this day for years," said William R. Caroselli. CBMC was the first firm to file a civil case in the matter and Caroselli led the effort along with co-counsels Mike Cefalo and James Albert. The settlement resolves all claims against Mericle Construction, Mr. Mericle and Luzerne County. The lawsuits will continue against, among others, the former judges, Robert Powell, and the private juvenile facilities. The settlement has been entered into with no admission of liability. To read the release issued jointly by all of the settlement participants, click here:http://www.cbmclaw.com/Legal-Articles/Official-Mericle-Settlement-Release.shtml

Pennsylvania jury links drug to cancer

A Pennsylvania court recently brought back a $72 million verdict in a product liability and defective drug action against the manufacturer of a hormone replacement drug. The jury verdict followed claims by three women that taking the drug, designed to ease menopause, ultimately led to breast cancer.

Failure to communicate leads to tragic failure to diagnose

A failure to diagnose can often lead to irreversible injury. A Pennsylvania woman arrived at an emergency room with a severe headache. The doctor suspected a hemorrhage but ordered a computed tomography (CT) to verify his suspicion. Based upon a digital version of the CT, the out-of-town radiologist instead ruled it to be a brain tumor that was not immediately life threatening. The woman was released.

Pennsylvania Healthcare workers at high risk for injury

We probably don't think much about the number of on-the-job health risks that the average worker needs to face. Healthcare workers, for example, are affected by illness or workplace injuries more than just about any other profession - including construction and mining.

Pennsylvania Congress member proposes medical records bill

We recently spoke of proposals in the Pennsylvania House providing immunity from medical malpractice for suppliers of medical information to electronic databases. Now Proposals are making their way through Congress to create immunity at a federal level for providers of these same electronic medical records.

Workplace deaths underreported

OSHA reports concerning workplace deaths are not complete. A number of such deaths - including the death of a Pennsylvania steel mill worker - were left off of the list. OSHA acknowledged that not all fatalities have been reported, but a spokesman stated that efforts were being made to improve upon the reporting and tracking of such fatalities.

Botched abortion blamed for death in Pennsylvania

A woman in Pennsylvania recently died due to a botched abortion and her family is now suing the city of Philadelphia for its failure to monitor the practice of the individual and facility that conducted the abortion. The alleged negligence and medical malpractice of the practitioner is almost beyond comprehension.

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