Category Archives: Blog

Philadelphia personal injury attorney blog regarding matters of injury law, injury reports and information on what to do if you suffer injuries.

FDA Warning Letter Blasts Company for Failing to Investigate EpiPen Malfunctions

Are you one of the 3.5 million Americans who carries an EpiPen? Imagine if your EpiPen had defects that kept it from working during an emergency. If your EpiPen no longer worked, you could find yourself in a potentially fatal situation if you were to experience anaphylaxis. A new Food and Drug Administration (FDA) warning letter to Meridian Medical Technologies, a US EpiPen manufacturer, suggests some EpiPens on the market were defective. The FDA sent the warning letter to Meridian for multiple violations. In the letter, the FDA argued that Meridian failed to investigate more than 170 adverse event reports involving malfunctioning EpiPens. Meridian received 171 EpiPens to investigate related to these complaints, but only did so in a small number of these devices. According to these complaints, the EpiPens failed to deliver epinephrine dosages during emergencies. Complaints also suggest that EpiPens delivered dosages prematurely. Epinephrine would not be available…
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Are Patients Being Misled About the Safety of Hospitals?

An article published by the Wall Street Journal has questioned the integrity of the Joint Commission’s accreditation system. According to the article, the Joint Commission rarely revokes its seal of approval for hospitals who are not in compliance with federal safety rules. The Joint Commission is a nonprofit organization that accredits an estimated 80 percent of US hospitals. Hospitals even use Joint Commission accreditation as a marketing tactic to attract patients. The Wall Street Journal obtained reports from federal and state inspections that took place between 2014 and 2016. These were inspections carried out by state regulators or the Centers for Medicare and Medicaid Services (CMS). According to the data, 350 hospitals were in violation of CMS safety standards during 2014. One-third of these 350 hospitals accumulated more violations in 2015 and 2016. Data from the inspection reports shows that 30 hospitals had violations that caused or could have caused…
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Target Room Essentials Dressers Recalled for Tip-Over Accident Risk

Target has issued a recall for 175,000 dressers that were sold in its US stores for three years. According to the US Consumer Product Safety Commission (CPSC), these dressers may tip-over and injure or kill small children. The CPSC has urged parents to stop using Target’s Room Essentials Four-Drawer dressers. These dressers have different model numbers that vary by color. Black dressers have the model number 249-05-0103 Espresso dresser have the model number 249-05-0106 Maple dressers have the model number 249-05-0109 As of last week, there were no reported injuries. However, Target has received 12 reports of the dressers falling. Target’s Room Essentials Four-Drawer was sold in stores from January 2013 through April 2016. If you own one of these dressers, then you can bring it into any Target store to receive a full refund. What Are Tip-Over Accidents? Target’s dressers are only part of a much larger safety problem…
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Is Nursing Home Abuse Underreported?

A new report released by the Health and Human Services’ Office of Inspector General suggests that many cases of severe nursing home abuse are never reported to the authorities. According to the Inspector General, 134 cases of physical or sexual abuse at nursing homes during 2015 were severe enough to require emergency care. Twenty-eight percent of these cases were initially not reported to the authorities. The only reason these cases were eventually investigated is because nursing home patients required emergency services. According to the researchers who released the report, there are likely thousands of more cases of severe abuse occurring across the country that are never reported. This report alludes to a fact that has been known for a long time. It is important for family members of nursing home patients to look for warning signs of abuse or neglect. What Are Symptoms of Nursing Home Abuse or Neglect? If…
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Should SEPTA Monitor Train Operators?

The National Transportation Safety Board (NTSB) has issued a recommendation to SEPTA and the Federal Railroad Administration that calls for the installation of cameras on all rail-transit vehicles. According to the NTSB, inward and outward-facing cameras could help determine what crewmembers were doing in the moments before a train crash. The cameras recommended by the NTSB would be crash-resistant and able to record audio. Several train crashes have occurred over the past three decades, but investigators had difficulty discovering the causes. For example, the operator of the train that crashed on the Market-Frankford line earlier this year could not remember why the accident happened. According to the NTSB, audio and image recorders would have been useful for determining the cause of 47 of the 64 crashes it investigated between 1976 and 2015. Interviews with operators are one of many ways investigators determine the cause of a train crash. Investigators also…
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Indiana 2-Year-Old Killed After Getting Neck Stuck in Power Car Window

Some vehicles have hazards that are not picked up by recalls. In some cases, these hazards may only become public knowledge after they have already caused serious injuries or deaths. Power car windows for example. According to, powered windows have killed or maimed thousands of children. A recent case that occurred in Indiana can help emphasize the seriousness of this problem. An Indiana couple are grieving over the loss of their 2-year-old son, who died after his head and neck became stuck in a power window. The family claims they left the 2-year-old and his sister alone in the vehicle with the air conditioning running while they cleaned another car 30 feet away. At some point, the 2-year-old awoke from a nap, rolled the window down, stuck his head out and accidently rolled it back up. The parents believe the child panicked after becoming stuck because the toggle switch…
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Nancy Winkler Interviewed for Article on Crimes Against US Tourists in Mexico

NBC Charlotte recently interviewed attorney Nancy Winkler for an article on crimes against American tourists in Mexico. The article discusses the death of the son of Nancy Winkler’s client and problems filing lawsuits against foreign businesses. Americans vacationing in Cancun, Los Cabos, Puerto Vallarta and across Mexico are routinely poisoned by tainted alcohol and other illicit substances. Mexican authorities and resort staff extort money from these injured Americans and their families instead of offering aid. These injured tourists and their families have great difficulty seeking compensation because Mexico’s justice system is nonfunctional and rampant with corruption. In the article, several cases are discussed where American tourists blacked out and suffered serious injuries or wrongful death at Mexican resorts. One of those cases involved then 22-year-old Nolan Webster, who had arrived at a Cancun resort in 2007 just after his college graduation. Titto Chikee, a nurse from Ontario, recounted Nolan’s death…
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Philadelphia Train Crash Injures More than 30 People

The National Transportation Safety Board (NTSB) is investigating the train crash that occurred last week just outside of Philadelphia. More than 30 of the 42 passengers on the commuter train suffered injuries. Four passengers were rushed to the hospital in critical condition. According to the Southeastern Pennsylvania Transportation Authority (SEPTA), the commuter train collided with a parked train car at the 69th Street Terminal Center in Upper Darby. A passenger who was interviewed by NBC Philadelphia claims the train had overshot two stops prior to the crash. Another passenger claims the train’s engineer appeared rushed before the crash and was speeding. Our Firm Helps Philadelphia Train Crash Victims and Their Families Over the last several years, there have been multiple commuter train accidents in or around Philadelphia, some of which resulted in catastrophic injuries and deaths. Earlier this year, a Market-Frankford El subway train crashed into two other trains. Four…
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Philadelphia Daycare Owner Charged with Sexually Assaulting Children

The owner of Sprouts Philly Kids Daycare & Gym faces several criminal charges related to the sexual assault of a 5-year-old girl and 5-year-old boy. According to an article in the Philadelphia Inquirer, police became aware of the alleged assaults in late July after complaints were levied with the Philadelphia Department of Human Services. After the Special Victims Unit and Philadelphia Children’s Alliance interviewed the victims, it was determined the owner had sexually assaulted both children on multiple occasions. Shortly after the investigation began, the owner turned himself into police. The owner is being charged with rape, involuntary deviant sexual intercourse, unlawful contact with a minor, sexual assault, corruption of a minor, indecent exposure and endangering the welfare of a child. He was released from jail after paying 10 percent of his $200,000 bail. According to police, the owner has operated Sprouts Philly Kids Daycare & Gym for 10 years….
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Attorneys Daniel Jeck and Kenneth M. Rothweiler to Participate in CLE Seminars this Month

Partners Daniel Jeck and Kenneth M. Rothweiler will be participating inindividual seminars this month on topics related to personal injury litigation. Daniel Jeck will be moderating a continuing legal education (CLE) luncheon hosted by the Medical-Legal Committee and the Philadelphia Bar Association. This seminar will cover several issues relating to medical malpractice damages. For example, it will cover how damages are calculated and strategies to maximize damages during a medical malpractice case. The seminar will be hosted on August 23rd, at 12:30 PM at the Philadelphia Bar Association 11th Floor Conference Center at 1101 Market Street. Kenneth M. Rothweiler  participated in  the Super Stars of Litigation: A Day on Personal Injury seminar on Wednesday August 9th. His part of the seminar  covered evidence in personal injury cases. The seminar took place at the CLE Conference Center at Wanamaker Bldg. 10th Floor Suite 1010 at the Juniper Street Entrance in Philadelphia….
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