The Injury Lawyer Blog

"Five years ago, the first responders became heroes. Today, they are victims of lung ailments, cancer and other fatal illnesses."


This is the opening statement in TIME Magazine's online presentation, "9/11: Still Killing", a photo essay featuring photographs by Allen Tannenbaum. His photographs tell of the aftermath of 9/11: slow deterioration to victim's lives due to asbestos exposure and other dangers. Below are some of the stories that Tannenbaum's photos tell:

• NYPD Officer Cesar Borja died in a hospital on January 23, 2007 from pulmonary fibrosis. In his photo, Cesar is seen comforted by his wife, Eva, in the hospital, waiting for a lung transplant three days before his death.
• FDNY Paramedic Deborah Reeve's body is shown at her wake. She died of cancer from working at Ground Zero. The photo is dated March 19, 2006.
• Volunteer firefighter Vincent Forras, who became ill after working for three weeks in the mass of debris left from 9/11. "I honestly believe that the number people who died on 9/11 will be far eclipsed by the number of people who will die directly because of their exposure at Ground Zero." Vincent is photographed with a pile of medications he must now take due to his illness.
  
• EMT Bonnie Jean Giebfried is photographed with the uniform she wore on 9/11. She is now unable to work due to her illness, and leaves the following message for the viewers: "They've left us in the dust because it's about money. Had they given us treatment from the get-go, a great majority of people would not be dying a painful, painful slow death. We're walking time-bombs - our time is limited. And 9/11 and the exposure to toxins and not getting treated in time have shortened our lives."
  

The stories pile on, one after another, as firefighters, police workers, detectives, local residents, and many others tell their stories as to how 9/11's toxic fumes have changed their lives for the worse.

If you or someone you know is suffering from asbestos exposure, don't delay in getting the proper treatment you deserve. Asbestos exposure attorneys - like the Law Offices of Peter G. Angelos in Maryland, Pennsylvania, Delaware and Tennessee - can help you get compensation for your losses. Click here to contact the Law Offices of Peter G. Angelos.

Click here to learn more about asbestos.

*Photo from TIME Magazine's "9/11: Still Killing" photo essay, found here. Photo of Joeseph Zadroga holding the daughter of his son, NYPD Detective James Zadroga, whose death was linked directly to 9/11 exposure. Joseph's wife, Linda, is seen to the right.

Aurora, Colorado police have issued a summons for the driver of a tow truck that was involved in a triple-fatality accident on July 4, 2007. The Aurora Police Department says 30-year-old Cynthia Charlebois, driver of the tow truck, faces three counts of careless driving resulting in death, two counts of careless driving resulting in serious bodily injury, and a minor traffic infraction.

On July 4, Charlebois was driving a tow truck that hit another car head-on killing William and Karen O'Neil and their 4-year-old son, Trevor. Their 2-year-old son, Tyler, survived the crash and is still recovering from a broken leg.

The Aurora police say the crash happened during a rainstorm just before 11 p.m. when the tow truck first hit a car and then went across the center median and hit another car. Charlebois then kept going the wrong way down the road, hitting the O'Neil's car.

All charges are misdemeanors, and, if convicted, she will be sentenced to only six to 18 months in jail for each count.

If you or a loved one has been injured or killed in a trucking accident in Colorado, please visit the website of Truck Accident Lawyer Andrew T. Brake, P.C., serving clients in Denver and surrounding areas.

For years, dogs have been referred to as "man's best friend"; however, each year over 4.5 million people, half of them under the age of 13, are bitten by dogs in the United States. Eighty percent of those incidents involve dogs that the victim knows and interacts with regularly. Because children tend to get excited around dogs and often approach them too quickly and/or too loudly, children are three times more likely to sustain a serious dog bite than adults.

How to Approach a Strange Dog

Never try to pet a dog in his owner's car as dogs are very protective of their space and that of their owner.
Never pet a dog that is behind a fence; they are protecting their property and will most likely bite. Never pet a dog without asking the owner's permission. If the owner indicates it's ok, approach the dog slowly and quietly, let the dog sniff your hand, and then gently pet the dog's sides or back.
Never pet a dog that is playing with a toy; the dog may think you are trying to take his toy from him.
Never approach a dog that is eating or sleeping; startled or frightened animals are much more likely to bite.

Like humans, dogs use body language to communicate emotions such as anger or fear. Teach your children how to read a dog's body language to reduce their chances of being bitten. An angry dog's ears may stand up, the fur on his back may stand on end, and the tail may be pointed straight up. An angry dog will also usually bare its teeth, growl, and stare at the approaching threat. A dog that is frightened may crouch to the ground, put its tail between its legs and fold its ears back.

Loose dogs often pose very serious threats and should not. If a loose dog approaches you, avoid eye contact and slowly walk away from the dog. If the dog comes right up to you, however, stop and stand perfectly still with your arms and hands at your sides. Never, ever try to outrun a loose dog.

According to the National Association for Human and Environmental Education, most dog bites can be prevented if these simple suggestions are followed.

If you or a loved one has been the victim of a dog bite in Chicago or anywhere in Illinois, please visit the website of the experienced Animal Bites Attorneys at Harvey L. Walner & Associates, LTD.

A man who claims he was injured in a slip and fall accident on water near a restroom in a Wal-Mart is seeking over $50,000 in damages. According to the lawsuit, Timothy Smith claims that on April 17, Wal-Mart allowed a certain amount of water to accumulate around the men's restroom causing him to slip and fall.

The suit claims that the store failed to use reasonable care to avoid the infliction of injury or distress on its customers and the public at large. The claim asserts that Wal-Mart negligently failed to inspect the area where the water accumulated, failed to warn of water, failed to inspect the men's restroom which allowed water to accumulate and negligently allowed water to accumulate in the area near the men's restroom and the area Smith had to use.

Smith claims the fall made him sick, sore, lame, disabled and disordered due to the extensive injuries he suffered to his head, fingers, hip, neck, and back. His injuries also caused him to experience pain and suffering and to sustain medical expenses.

If you or a loved one has been injured in a slip and fall accident in Philadelphia or anywhere in Pennsylvania, please contact the Slip & Fall/Premises Liability Attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.

A Texas woman has filed a lawsuit in a Texas court claiming that CVS Pharmacy gave her the wrong drug when they filled her prescription and that the error caused her child to be born prematurely.

The prescription error happened in 2005 when she went to get a prescription filled for an antibiotic but was given the cholesterol-lowering drug Vytorin instead. Vytorin should never be taken by pregnant women.

The suit alleges CVS was negligent by "failing to engage in recognized and acceptable practices in the medical profession to limit the likelihood and probability of infection following the treatment provided by the defendant." The pharmacy is also accused of failing to properly fill the correct medication. The plaintiff is seeking $50,000 in damages for herself and her child.

If you or a loved one has suffered or died due to medical malpractice in Philadelphia, please visit the website of Pennsylvania Medical Malpractice Attorneys Pomerantz Perlberger & Lewis.

Mesothelioma is a form of cancer that is almost always caused by previous exposure to asbestos. With this disease, malignant cells develop in the mesothelium, a protective lining that covers most of the body's internal organs. Its most common site is the outer lining of the lungs and chest cavity, but it may also occur in the lining of the abdominal cavity or the pericardium (sac surrounding the heart).

Most people who develop mesothelioma worked on jobs where they inhaled asbestos or have been exposed to asbestos dust or fiber in other ways. There is no association between mesolthelioma and smoking. Mesothelioma is diagnosed in 3,000 Americans a year and is 100% fatal.

Tens of thousands of workers are dying young and being robbed of their golden years due to this terrible type of lung cancer that has, for decades, been overlooked by researchers and has been swept under the rug by companies who wanted to hide information about this dangerous mineral.

Mesothelioma has long baffled doctors and researchers because they just don't know why, in some people, the disease is triggered and other people can work their entire lives around it and never get sick.

A typical mesothelioma settlement is at least six figures and sometimes well over $1 million.

If you or a loved one has suffered or died due to asbestos-related mesothelioma, please visit the website of mesothelioma lawyer Peter G. Angelos, serving clients in Baltimore, Philadelphia and Delaware.

In mid-July 2007, Boston Scientific Corporation announced it has reached an agreement to pay $195 million to settle claims related to faulty defibrillators and pacemakers manufactured by Guidant, the company it acquired in 2006. Guidant had to recall over 100,000 cardiac-assist devices in 2005 after a defibrillator malfunctioned. The settlement dealt with approximately 4,000 individual claims. Currently, there are still almost 2,000 pending cases.

On June 17, 2005 Guidant Corporation announced the first recall of Guidant defibrillator heart devices based on information that the devices had failed on at least 45 occasions. Guidant extended that recall a week later to cover additional defective defibrillators. One month later, the company warned doctors that a defect in some 28,000 pacemakers still in use by patients may necessitate replacement of the devices. On September 22, 2005, Guidant announced that the Insignia and Nexus devices can experience a sudden loss of pacing.

By January 2006, Guidant faced 145 individual lawsuits involving its defective defibrillator and pacemaker devices and an additional 60 class action lawsuits.

If you or a loved one has suffered or died due to a defective medical device in Maryland, Pennsylvania or Delaware, please call the Medical Device Liability Lawyers at the Law Offices of Peter G. Angelos.

A coalition of injured Iraq war veterans who are frustrated by delays in health care have accused VA Secretary Jim Nicholson of breaking the law by denying them disability pay and mental health treatment. The group has filed a class action against the U.S. Department of Veterans Affairs.

Suing on behalf of hundreds of thousands of veterans, the suit charges that the VA has failed veterans in several ways: not providing prompt disability benefits, not adding staff to reduce wait times for medical care, and not boosting services for post-traumatic stress disorder (PTSD).

The lawsuit also accused the VA of cheating some veterans deliberately by allegedly working with the Pentagon to misclassify PTSD claims as pre-existing personality disorders to avoid paying out benefits. The VA and Pentagon deny those charges.

The lawsuit against the VA comes amid intense political and public scrutiny of the VA and Pentagon following reports of substandard outpatient care of injured soldiers at Walter Reed Army Medical Center and at other veterans facilities in the United States.

Currently, the VA's backlog of disability payments is now between 400,00 and 600,000, with delays up to 177 days to process an initial clam and an average of almost two years to process an appeal. Congressional committees and a presidential commission have been established to study ways to improve veterans' care.

If you or a loved one has suffered or died after serving our country and did not receive benefits you were entitled to, please contact the Washington and Oregon Military Medical Malpractice Attorneys Fuller & Fuller.

A jury has awarded $3.7 million to a woman permanently injured in a brutal dog attack finding that the Delray Beach, Florida city officials were not only at fault but were more culpable than the dog's owner. The jury assigned 60% of the blame to the city making Delray Beach potentially liable for more than $2.2 million in damages; the homeowner/dog owner was assigned the remaining 40%.

Marguene St. Juste worked as a hotel housekeeper before the attack which resulted in her right arm being rendered useless. St. Juste was attacked by two Rottweiler mix dogs that Delray Beach officials had been warned about many times; the dogs were often walking around without leashes. Every time officials responded to the calls, the dogs were found secured on the dog owner's property. One time, however, a code enforcement supervisor did find the dogs on the loose, but no citation was issued.

St. Juste spent two weeks in the hospital following the vicious attack and can no longer work or take care of her three children the way she once did. The jury awarded her $56,000 for past medical bills, $26,500 for past lost wages; $178,000 for future earning capacity; $400,000 for pain, suffering, mental anguish, physical impairment and loss of capacity for enjoyment of life in the past; and 3.1 million for the future.

If you or a loved one has been injured by a dog bite, please visit the website of Florida's experienced Dog Bite Attorneys Hardesty Tyde Green & Ashton, P.A.

Trampolines bounced onto the scene over twenty years ago and have become extremely popular in recent years. Along with the popularity of trampolines has come a huge number of injuries, some very serious, related to these backyard staples. What has been perceived as wholesome, healthy fun can actually be quite dangerous. A full-size trampoline can bounce someone up to 20 feet in the air, depending on height and weight. That is as high as a two story building, so imagine the pain and injury that could involved with falling that far.

Landing in an awkward position or falling off the trampoline can lead to fractures, head injuries, dislocations, sprains, and bruises. There have been reported cases of trampoline-related paralysis and even death. According to Dr. Eric Watson of the Orthopedic Institute, fractures most often occur in the arms and elbow, but knees and ankles are susceptible to injuries, also. The most serious injuries often occur when athletes such as divers, gymnasts and cheerleaders are using the trampoline for training or conditioning.

According to the U.S. Consumer Product Safety Commission, trampoline injuries nearly tripled in less than a decade from an estimated 37,500 in 1991 to well over 100,000 in 2001. Currently, there are approximately 246,875 medically treated trampoline injuries each year in the United States. The commission has received reports of 11 deaths relating to trampoline use since 1990, and those victims ranged in age from 3 to 43. Six of those victims were between the ages of 12 and 19. Most trips to the ER are the result of colliding with other jumpers, falling on the trampolines springs or frame, falling off the trampoline or attempting somersaults and other dangerous stunts.

If you or a loved one has suffered a serious personal injury in Pennsylvania, please visit the website of a Pennsylvania personal injury attorney from the law firm of Pomerantz Perlberger & Lewis.

Concussions in young athletes are a very common form of traumatic brain injury, but the changes that occur in brain function because of those concussions have been poorly understood in the past. A recent University of Pittsburgh School of Medicine study linked changes in brain function directly to the recovery of the injured athlete.

The study was funded by the National Institutes of Health and was published in the journal Neurosurgery, the official journal of the Congress of Neurological Surgeons.

"These results confirm crucial objective information that is commonly obtained by neuropsychological testing to help team doctors and athletic trainers make critical decisions about concussion management and safe return to play," according to principal researcher Mark Lovell, Ph.D., the founding director of the University of Pittsburgh Medical Center (UPMC) Sports Medicine Concussion Program, a research program focused on the management of sports-related concussions.

The findings have several implications for understanding the recovery process after sports-related concussions.

According to the Centers for Disease Control and Prevention, between 1.4 and 3.6 million sports and recreation-related concussions occur each year, with the majority happening at the high school level.

A concussion can occur when an athlete receives a traumatic force to the head or upper body that causes the brain to shake inside of the skull. Injury is defined as a concussion when it causes a change in mental status such as loss of consciousness, amnesia, disorientation, confusion or mental fogginess. The severity, effects and recovery of concussion are difficult to determine because no two concussions are alike, and symptoms are not always straightforward.

If you or a loved one has suffered a traumatic brain injury in Pennsylvania, please visit the website of a Pennsylvania personal injury attorney from the law firm of Pomerantz Perlberger & Lewis today.

A series of explosions at a gas facility in Dallas sent flaming debris onto highways and buildings near downtown seriously injuring at least two people. A half-mile area surrounding the Southwest Industrial Gases, Inc. facility was evacuated and parts of Interstates 30 and 35 were shut down as the explosions continued for over a half hour. Small fires were burning as stacks of gas cylinders exploded. The canisters held acetylene and propane gas. It was not immediately determined what caused the canisters to explode.

The Environmental Protection Agency's emergency responders arrived on the scene to monitor the air.

If you or a loved one has suffered due to exposure to toxic substances, please visit the website of Houston's Toxic Tort Attorneys Marc Whitehead & Associates.

A Texas woman has filed a lawsuit in a Texas court claiming that CVS Pharmacy gave her the wrong drug when they filled her prescription and that the error caused her child to be born prematurely.

The prescription error happened in 2005 when she went to get a prescription filled for an antibiotic but was given the cholesterol-lowering drug Vytorin instead. Vytorin should never be taken by pregnant women.

The suit alleges CVS was negligent by "failing to engage in recognized and acceptable practices in the medical profession to limit the likelihood and probability of infection following the treatment provided by the defendant." The pharmacy is also accused of failing to properly fill the correct medication. The plaintiff is seeking $50,000 in damages for herself and her child.

If you or a loved one has suffered or died due to medical malpractice in Philadelphia, please visit the website of Pennsylvania Medical Malpractice Attorneys Pomerantz Perlberger & Lewis.

A jury recently awarded a Florida man nearly $8.2 million in damages from Allstate car insurance company but has to wait for another jury to decide whether or not he can collect. John Clements was blowing leaves on a sidewalk when a truck jumped the sidewalk and plowed into him in November 2004. Clements suffered a broken neck, brain hemorrhages and herniated discs in his neck and back; he was hospitalized for six days.

Clements received $100,000 from the driver of the truck's insurer, but when he tried to get his insurance company, Allstate, to pay him the $100,000 it owed for underinsured motorist coverage, the company refused to pay, which prompted the lawsuit.

Legally, Allstate is obligated to pay Clements the maximum coverage his underinsured motorist policy allows ($100,000), but when an insurance company should have paid a claim but didn't, you can sue the company for bad faith. That is how Clements won the $8.2 million. His lawyers must now convince the second jury that Allstate should have paid Clements the $100,000 in underinsured motorist damages so he can collect the award.

If you or a loved one has been injured or killed in a car accident in Philadelphia, please contact a Philadelphia Car Accident Lawyer at Pomerantz Perlberger & Lewis today to schedule your initial consultation.

The death toll, at the time of this writing, is 6 with up to as many as 30 still missing from an interstate bridge collapse in Minneapolis, Minnesota. The final number is likely to grow higher as divers search for victims in the twisted steel and chunks of concrete that fell into the Mississippi River.

The Interstate 35W bridge, which has eight lanes, was in the midst of repairs, and two lanes in each direction were closed when the bridge buckled during the evening's rush hour.

More than 80 people were injured and as many as 50 vehicles ended up in the river leaving occupants of those vehicles scrambling for the shore. Some of the injured were carried to the riverbank, and emergency workers tended to the injured on the ground. Some rescue workers jumped in the river to look for survivors.

Tim Pawlenty, Minnesota Governor, said the bridge was inspected by the Minnesota Department of Transportation in 2005 and 2006, and no structural problems were noted at those inspections. However, the inspectors did notify the state that from an engineering standpoint, the deck might need to be rehabilitated or replaced in 2002 or beyond.

The 40-year-old bride was rated as structurally deficient two years ago and possibly in need of replacement. A spokesperson for the Minnesota Department of Transportation noted that many other bridges around the country carry that same designation.

There were 18 construction workers on the bridge at the time of collapse, and at the time of the writing of this article, one of those workers is still unaccounted for.

If you or a loved one has been injured by a defective roadway, please visit the website of Colorado's defective roadway attorneys BurgSimpson, Attorneys & Counselors at Law.

A deal is looming on legislation banning (finally) the use of asbestos, a fibrous mineral used in brake linings, gaskets, yarns, and cement products that is still imported into the country despite the serious, and often fatal, health risks associated with the mineral. Despite the well-publicized health risks associated with asbestos, worldwide use of it is actually one the rise.

Two senators who are leading advocates of the asbestos ban, said they are within just a week or two of wrapping up a compromise that would also authorize $50 million in research to study and treat the asbestos-related illnesses that have killed almost a quarter of a million people since 1980 and could claim that many more over the next thirty years.

Since asbestos is also naturally occurring in places like El Dorado County, California, some of the money will also be spent on identifying the health risks associated with breathing in naturally-occurring asbestos.

About 40 other industrialized nations currently have a ban on asbestos. There are alternative products already on the market in the United States, but asbestos is still used by more than 15 plants that produce chlorine.

If you or a loved one has been exposed to asbestos in Maryland, Tennessee, Delaware or Pennsylvania, please contact the experienced Asbestos Attorneys at the Law Offices of Peter G.Angelos.