Washington DC Injury Lawyer Blog

Chevy Chase Driver Found Guilty of Negligence Homicide in Washington DC Car Crash that Killed Howard County Woman

June 28, 2011 | Lebowitz & Mzhen

A jury has found Jorida Davidson guilty of negligent homicide, driving under the influence, and leaving the scene after a crash in the DC car accident that claimed the life of Kiela Ryan. The 24-year-old traffic crash victim died after Davidson, struck her just south of Dupont Circle on October 7, 2010. October 7 just south of Dupont Circle. The Chevy Chase driver then fled the hit-and-run crash site.

Prosecutors had accused Davidson of driving drunk when she hit Ryan, who was emerging from a parked car at the time. Meantime, Davidson’s lawyer argued that she wasn’t inebriated when the collision happened. They also say that she did not report the DC pedestrian accident because she was suffered post-traumatic stress disorder and amnesia—a fallout from watching her dad die from a heart attack, her mother succumb to breast cancer, and growing up in war-torn Albania. When police later found her SUV, Davidson was slumped in the driver’s seat. She also failed two sobriety tests.

Washington DC Car Crashes

Washington DC Wrongful Death Lawsuit Filed by Victims and Families in 2009 Two-Train Crash Still Unresolved

June 22, 2011 | Lebowitz & Mzhen

According to the Associated Press, two years after two Metro trains collided with one another near the Fort Totten station on the red line, no resolution has been reached in the DC wrongful death lawsuit filed by the surviving family members of those who died and the victims who were injured. The tragic Washington DC metro crash, which occurred on June 22, 2009 killed nine people—eight passengers and the train operator—and injured over 70 people. The numerous complaints that were filed have been consolidated into one case and the trial is scheduled for February 2012.

Officials say that Train 112, which struck the other train, included six of the oldest cars in the fleet. As far back as several years before what was called the worst Metrolink train crash in history, the National Transportation Safety Board had recommended that the Washington Metropolitan Area Transit Administration change these cars because there ability to make it through a train accident was not certain. Cost concerns prevented the WMATA from replacing the trains, which were supposed to keep running until 2012. Also, the train operator, Jeanice McMillan, reportedly had just three months experience on the job when the deadly accident happened.

Train Accidents

Two Men Hospitalized Following DC Carbon Monoxide Poisoning Incident at Apartment Complex Parking Garage

June 18, 2011 | Lebowitz & Mzhen

According to the Washington Post, two men were rushed to the hospital after they were exposed to what appears to have been carbon monoxide while working in an apartment complex parking garage. Officials say that at the time of the accident, they had been operating pressure washers in an unvented area of the underground garage. High CO levels were also detected in other areas of the building.

Carbon Monoxide Poisoning

Exposure to excessive levels of CO poisoning can be deadly. This is why premise owners and managers may make sure that patrons, guests, residents, visitors, clients, or employees are not exposed to this colorless and odorless gas. If you or someone you love was injured from exposure to carbon monoxide poisoning, you should contact our DC personal injury lawyers today.

Washington DC Injury Lawsuit Against Sidwell Friends School Alleges Severe Emotional Distress

June 13, 2011 | Lebowitz & Mzhen

The father of a 5-year-old student at Sidwell Friends School has filed a $10 million Washington DC injury lawsuit against the school. Arthur G. Newmyer claims that the defendant was negligent for failing to properly supervise a staff psychologist that was counseling his daughter and who ended up having an affair with her mother. Newmyer claims that as a result of the affair becoming known, he and his daughter, who is a kindergartener at the school, suffered severe emotional distress. Newmyer and his wife are separated.

In his DC personal injury complaint, Newmyer says that the school board fired psychologist James F. “Jack” Huntington after he told them the latter was sending sexually explicit emails to his wife. Tara Newmyer says that she and Arthur Newmyer were separated by the time she and Huntington became involved.

Suing for Emotional Distress

Washington DC Paramedic Error Was a Factor in Fatal 2008 “Acid Reflux” Case, Reports Office of the Inspector General

June 8, 2011 | Lebowitz & Mzhen

According to a report issued last week by the city’s Office of the Inspector General, the paramedic who told Edward L. Givens to take Pepto-Bismol for acid reflux hours before the 39-year-old suffered a fatal heart attack was either unaware of or failed to follow a number of department protocols. Givens died on December 2, 2008 after paramedics failed to take him to the hospital when he called to report chest pains and breathing problems. He died six hours later. His family would go on to file a $17 million Washington DC medical malpractice case against the District and Emergency Medical Services alleging wrongful death.

Although initially the District had sought to have the case dismissed on the grounds that case law doesn’t permit someone hurt by an emergency worker to sue for medical malpractice, earlier this year a judge said that because of a new statute letting victims hold paramedics liable for negligence, the DC wrongful death lawsuit could proceed.

According to this latest report, even though Givens declined to go to the hospital after paramedics asked him multiple times if he wanted to go, the emergency responders should have done more to convince him. One emergency worker reportedly told Givens when he asked if he needed to go to the hospital that it was up to him. The inspector general’s report also found that emergency workers were at fault for not recording key information on Givens’ peatient care report, such as his age, first name, medical history, and interactions with family members.

Elder Financial Abuse Costing Victims Almost $3 Billion, Reports MetLife Mature Market Institute Study

May 31, 2011 | Lebowitz & Mzhen

Our Washington DC nursing home abuse and neglect lawyers regularly publish blog posts on the problem of physical and emotional abuse suffered by elderly persons at assisted living facilities and under the watch of private caregivers. Now, here is one about the problem of elder financial abuse, which, according to a study put out by MetLife Mature Market Institute (along with the Center for Gerontology at Virginia Tech and the National Committee for the Prevention of Elder Abuse), is costing $3 billion in losses each year.

Elderly persons often rely on their savings to support themselves and take care of their medical and nursing needs. Unfortunately, there are those who may take advantage of these older senior’s advanced age and possibly fragile mental and physical conditions to take their money from them. Possible perpetrators of DC elder financial abuse can include caregivers, family, friends, neighbors, and scam artists pitching financial products.

The study says that:
• Women are two times more likely to become victims of elder financial abuse.
• Most victims live alone and are in their 80’s.

• The holidays are when victims are most vulnerable.

This crime is seriously under-reported. Many victims are ashamed that they’ve allowed elder financial abuse to occur and they also may be afraid that they could lose their independence if the crime is revealed.

When elderly persons are bilked of their finances, this can make it hard for them to take care of themselves and get the nursing and medical care that they need. It can also lead to depression and the deterioration of one’s health.

Actor Mickey Rooney Granted Court Protection From Stepkids, Good Morning America, February 17, 2011
Elder financial abuse reaches “epidemic” proportion, Reuters, June 3, 2011

Related Web Resources:

MetLife Mature Market Institute

Center for Gerontology at Virginia Tech

More Blog Posts:
Nursing Home Aide Receives Prison Sentence for Sexual Abuse, Maryland Nursing Home Lawyer Blog, May 31, 2011
French Family Plans Lawsuit in Quadrangle ‘Nanny Cam’ Nursing Home Abuse Case, Maryland Nursing Home Lawyer Blog, May 26, 2011
Washington DC Nursing Home Neglect Can Cause Bedsores, Washington DC Injury Lawyer Blog, January 31, 2011

DC Area Teen’s Family Files Wrongful Death Lawsuit Against Four Loko Manufacturer

May 30, 2011 | Lebowitz & Mzhen

The family of John Donald Rupp III, a DC Area teenager, is suing Phusion Projects, which manufactures the caffeinated alcoholic drink Four Loko, for his wrongful death. The 15-year-old died when a car hit him near his home last September. His family says that the collision happened after he drank Four Loko, which caused him to become disoriented.

In their wrongful death lawsuit, Rupp’s family accuses the drink maker of negligence and carelessness. They contend that Four Loko “desensitizes users to the symptoms of intoxication,” while upping the risk of injury related to alcohol.

The Food and Drunk Administration has warned that caffeine is not a safe food additive to mix with alcohol. Meantime, experts have said that drinks that have both alcohol and caffeine are associated with high-risk behavior. Weeks after Rupp’s passing, Phusion Project said it would take the stimulants, including caffeine, from its products.

CPSC Recalls 1M Pool and Hot Tub Drain Covers Because They Pose Drowning and Entrapment Risks

May 26, 2011 | Lebowitz & Mzhen

Just two days before the Memorial Day holiday weekend, the Consumer Product Safety Commission has recalled approximately 1 million pool and hot tub drain covers because they could pose drowning and entrapment hazard to children and adults. Hundreds of thousands of pools and hot tubs, both private and public, may be affected. CPSC chairwoman Inez Tenenbaum is asking for public pools that have been using the recalled drain covers to temporarily shut down operation until the drain cover can be inspected, repaired, and/or replaced. However, she did also say that not all of the recalled drain covers will need to be changed or fixed.

The recall was announced because the CPSC found that many of the drain covers, which were supposed to meet the safety regulations that were implemented in 2008, were certified by labs that applied faulty standards. As a result, some of the drains have inaccurate flow ratings.

Our DC injury lawyers are familiar with the serious injuries that can result from pool drain covers that don’t meet the safety standards mandated by 2008 law. The vacuum effect of some drains can be so powerful that without the proper covering, a swimmer can get suctioned to a drain and drown. In 2007, one 6-year-old girl’s intestines were partially sucked out by a swimming pool drain. She had to have transplants of the small bowel, liver, and pancreas, and she eventually died.

The pool and hot tub drains included in the recall were made by a number of companies: A & A Manufacturing, Color Match, AquaStar Pool Products, Hayward Pool Products, Custom Molded Products, Rising Dragon USA, Pentair Water Pool and Spa.

Drain cover recall could close thousands of pools, USA Today, May 26, 2011
Drowning Risk Prompts Biggest Ever Recall Of Backyard Pool Drain Covers, ABC News, May 26, 2011
Eight Manufacturers Recall Pool and In-Ground Spa Drain Covers Due to Incorrect Ratings, CPSC, May 26, 2011
Related Web Resources:

Pool Safety

Virginia Graeme Baker Pool and Spa Safety Act

More Blog Posts:
CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents, Washington DC Injury Lawyer Blog, May 4, 2011
Pool Drain Sucks Small Intestine From Six-Year-Old Girl; Maryland Residents Push For Tougher Pool Safety Laws, Maryland Accident Law Blog, July 9, 2007

Washington DC Wrongful Death: Family of Woman Killed in Adams Morgan Pedestrian Accident Seeks $20M from Drunk Driver

May 18, 2011 | Lebowitz & Mzhen

According to WUSA9.com, the family of Julia Bachleitner is suing Chamica Adams for DC wrongful death. Bachleitner, a Hopkins School of Advanced International Studies student from Austria was killed last September in an Adams Morgan pedestrian accident. The 26-year-old student’s family is seeking $20 million from Adams, who was drunk when she drove a car into a group of graduate students. Other defendants include the bar that served Adams alcohol prior to the deadly collision and her mother.

At around 8:30pm on September 8, 2010, Adams, who was making a left turn, drove over a traffic island to accidentally struck Bachleitner and another woman. She then crashed the vehicle into an empty restaurant. The other woman, Melissa Basque, suffered a concussion with a brain bleed, teeth loss, facial fractures, and a compound leg fracture.

Police say that Adams’s blood-alcohol level was almost two times the legal limit. The 24-year-old Mitchellville woman had consumed alcohol at the District Lounge and Grille right before the DC pedestrian accident. The Washington Times reports that there is security footage from the club showing her consuming several drinks and then stumbling out of the place. The C. Fields Group LLC, which owns the bar, is also a defendant in the Washington DC wrongful death case.

Are Some Children Undergoing Unnecessary CT Scans?

May 11, 2011 | Lebowitz & Mzhen

According to a new study by UC Davis Health System, not all children who sustain minor blunt head trauma need to undergo CT scans. Yet, about half of those who do end up in hospital ERs for this type of injury get a head computed tomography scan. More about the study can be found in the June 2011 issue of Pediatrics.

Our Washington DC personal injury law firm represents children and adults who suffered unnecessary injury or health complications because of medical negligence. If you believe that unnecessary exposure to radiation from a medical device, do not hesitate to contact us and ask for your free consultation.

Researchers evaluated 40,113 under age 18 who went to 1 of 25 emergency rooms between June 2004 and September 2006. 5,433 of the kids were observed before medical staff decided to give them a CT scan. What researchers found is that not only was CT use was lower in the children who were observed, but also this did not affect the quality of care that they received. 3,744 of these kids went home without a scan and only 26 of them came back to have one. Of these children, four had traumatic results and just one had a clinically important injury that required hospitalization for two nights.

The fact that not all children with a minor head injury needs to undergo a head scan to get treated properly is good news, seeing as exposure to radiation through CT scans does carry some health risks—especially for children. A single CT scan to a child’s brain provides a dose of radiation equal to about six months to a year of “background radiation.” Radiation can increase the chances of a child developing cancer later in life.

Obviously some head injuries are serious enough to warrant a CT scan, but it is also important that children not be exposed to radiation from this type of test unnecessarily. It might be a good idea to ask your child’s doctor whether there are other medical imaging tests that can be used that wouldn’t expose your son/daughter to radiation.

UC Davis study examines need for CT scans in children, The Sacramento Bee, May 10, 2011
Observation After Head Injury Cuts Kids’ CT Scans, WebMD, May 9, 2011

Related Web Resources:

Pediatrics

Radiology

More Blog Posts:
Botox May Get Rid of More than Wrinkles, Says New Study, Washington DC Injury Lawyer Blog, April 23, 2011
US Lawmakers Seek to Reinstate Right to Sue Medical Device Makers for Personal Injury and Wrongful Death, Maryland Accident Law Blog, February 19, 2009
Walgreens Pharmacy Misfill Leaves Toddler With Dangerous Drug, Pharmacy Error Injury Lawyer, May 4, 2011