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Wilkes-Barre Pennsylvania Personal Injury Blog

Safety Concerns on Pennsylvania Route 115

  • 07
  • September
    2010

When multiple car accidents occur in close time proximity on the same stretch of road, everyone who drives on that road has to be concerned. This was recently the case on Pennsylvania Route 115, where earlier this year two fatal accidents occurred within a week of each other.

In one of the fatal accidents, the 29-year-old driver, Fatmir Mece, faced prosecution for several moving violations. He pleaded guilty in August to careless driving in a crash that killed Kim Biggs-Keil, a wife and mother of two children.

Welcome to our Personal Injury Blog | Rosenn Jenkins & Greenwald

  • 02
  • August
    2010

It can be difficult to predict the outcome of a personal injury case. Many different issues of fact and law affect the results. A witness's testimony, a piece of evidence or an expert's opinion can make or break a case.

At Rosenn Jenkins & Greenwald LLP, we have the resources, knowledge and experience to stay current on the issues that affect personal injury litigation outcomes. We follow the changing laws to help answer our clients' questions and to maximize the results we achieve for them.

This approach has helped us achieve a long record of successful outcomes in personal injury cases. Since 1954, our record has included high-profile legal representation for clients throughout Pennsylvania and the northeast. While past accomplishments do not guarantee results, they give us the resources and experience to handle personal injury cases involving extensive legal and factual analysis.

We hope that keeping you informed about personal injury law will help you make better decisions about your own case. This blog was created to serve as a place for discussing the law. We will keep you updated, so please return often to see our most current post and comments.

We invite your feedback about this and future Blog posts on this page. If you would like to talk with us confidentially about how information in a blog post may apply your personal situation, contact us for a free and confidential consultation.

$300,000 Settlement in Hunting Related Shooting

  • 30
  • July
    2010

Andrew Stola, a 14 year old boy who was shot in a hunting related accident in Huntington Township on November 21, 2009, will receive $300,000 in a civil settlement with the man who shot him. The teenager was in the woods with his father, David Stola, setting hunting traps when a shot was fired by a hunter. The bullet struck Andrew in the abdomen. The shooter left the scene and failed to render assistance. David Stola was able to get help for his son, and Andrew was airlifted to Geisinger Medical Center in Danville where he underwent surgery for the bullet wound. Charges were later filed against Gary Savidge, 45, of Shickshinny in connection with the shooting and his failure to render assistance to the victim. Savidge told authorities that he fired his .308 caliber rifle at what he thought was a turkey about 200 feet from him.

Richard A. Russo, a partner in Rosenn, Jenkins & Greenwald's Personal Injury Practice Group, brought the civil claim against Savidge and reached the settlement with Savidge's homeowner's insurance company, Nationwide Property and Casualty Insurance.  The $300,000 payment was the full amount of insurance coverage that existed. The settlement was approved by Luzerne County Judge Lewis Wetzel on May 14, 2010.

Russo explained that victims injured in hunting accidents can recover compensation for their injuries by pursuing the responsible party and his or her homeowner's insurance company. The recovery in this case sends a clear safety message that will protect hunters across Pennsylvania from the careless actions of others in the future. "A hunting license imposes an absolute responsibility on a person to hunt carefully. A hunter must avoid endangering the safety of others, and must never shoot at a target unless he is absolutely sure what the target is.  Thankfully, most hunters are very responsible people who practice safety in the woods, and this case makes clear that those who fail to do so will be held accountable, both criminally and civilly. Accountability promotes safety in  everything we do; it always has, and it always will" Russo said.

Schaub Elected President of Luzerne County Bar Association

  • 18
  • January
    2010

Robert D. Schaub, a partner in the Litigation Department of Rosenn, Jenkins & Greenwald, has been elected to serve a two year term as President of the Wilkes-Barre Law and Library Association.  The election was held at the January 19, 2010 Annual Meeting of the county Bar Association.  We congratulate Bob on his election to this important leadership position, and we wish him success in his term as President.

Blinds Are Recalled Due to Strangulation Threat

  • 14
  • December
    2009

In one of the largest recalls in the U.S. Consumer Product Safety Commission’s history, there has been a recall of all Roman style shades or roll-up  blinds due to a  risk of babies or toddlers dying from strangulation as a result of the cord getting caught around the child’s neck.

We, at Rosenn, Jenkins & Greenwald, urge all parents and guardians to heed this recall and protect the safety of every child from this risk of serious harm or death. 

Our team of lawyers are ready to help anyone whose child or relative has been injured or harmed as a result of these blinds, and will provide a free consultation to review any such matter.

Punitive Damages in Tractor Trailer Red Light Case

  • 24
  • November
    2009

On February 20, 2009, U.S. District Judge James M. Munley, in an interstate trucking crash case pending in the Middle District of Pennsylvania, denied a Motion for Summary Judgment filed by a tractor trailer driver and his trucking company.  The Defendants’ Motion sought to dismiss a  punitive damages claim resulting from a tractor trailer running a red light.  The Court was persuaded by a Pennsylvania  Superior Court opinion that noted that automobiles are today the most lethal and deadly weapons entrusted to our citizens, and which recognized  that when driven by an intoxicated driver,  the possiblity of deadly or serious injury increases substantially. Judge Munley wrote that while running a red light is not as extreme as driving an automobile while intoxicated, the dangers are magnified when the vehicle in question is a tractor trailer. The Court held that if the jury finds that the tractor trailer driver entered the intersection without even braking for an obvious red light, it could find that his conduct was recklessly indifferent to a very real danger to others in the area and could award punitive damages.  Attys. Rick Russo and Andrew Bigda, two partners in Rosenn, Jenkins & Greenwald’s Plaintiff’s Personal Injury Practice Group, handled the case on behalf of the Plaintiffs, Helen and Anthony Grosek, Jr.

Grosek v. Panther Transportation, et al   2009 U.S. Dist. LEXIS 13300 (M.D. Pa. 2009) 

Pacifiers Recalled Due to Choking Hazard

  • 18
  • November
    2009

U.S. Consumer Product Safety Commission

Office of Information and Public AffairsWashington, DC 20207

 

FOR IMMEDIATE RELEASE
November 18, 2009
Release # 10-040
Firm's Recall Hotline: (718) 326-7786 collect
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

Grand World Recalls "Bobby Chupete" Pacifiers Due to Choking Hazard

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: "Bobby Chupete" Pacifiers

Units: About 641,000

Importer: Grand World Inc., of Maspeth, N.Y.

Hazard: The pacifiers fail to meet federal safety standards. The pacifier mouth guard is too small, posing a choking hazard to infants and toddlers.

Incidents/Injuries: None reported.

Description: This recall involves "Bobby Chupete" pacifiers. The pacifiers have a ring-shaped handle and heart-shaped mouth guard with two ventilation holes. The nipple is made of latex. "Bobby Chupete" and a picture of an infant are printed on the pacifier's packaging. The pacifier was sold in aqua, red, white or yellow colors.

Sold at: Various retail stores nationwide from November 2004 through July 2009 for about $1.

Manufactured in: China

Remedy: Consumer should immediately take the recalled pacifiers away from infants and toddlers and contact Grand World for a refund or a replacement pacifier.

Consumer Contact: For additional information, call Grand World collect at (718) 326-7786 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the firm's Web site at www.grandworldinc.com

Paciefier--

Russo to Speak at Auto Law Seminar

  • 23
  • August
    2009

We are pleased to announce that Atty. Rick Russo, the Chairman of our Plaintiff’s Personal Injury Practice Group, has been invited by the Pennsylania Bar Institute to speak at its 16th Annual Auto Law Update seminar to be help in Scranton, Pennsylvania on November 17, 2009.  Russo has extensive experience in representing accident victims in motor vehicle and interstate trucking crash cases, as well as bad faith insurance claims that often arise during the handling of automobile or tractor trailer accident cases. For further information regarding this seminar, or to discuss an automobile, bus or tractor trailer accident in Pennsylvania, please feel free to email Atty. Russo at rrusso@rjglaw.com.

Russo to Speak at Trial Boot Camp

  • 30
  • March
    2008

Atty. Rick Russo is again among a very select group of lawyers who have been invited to speak at the Third Annual Trial Advocacy Boot Camp to be held on April 25, 2008.  The theme for this year’s program - Part 3 of “The Mastery Series Seminars” - is “How Good Lawyers Beat Bad Faith.”  In addition to gaining winning insights and how-to secrets from some of the leading lawyers in Northeastern Pennsylvania, attendees will receive 6.5 hours of Continuing Legal Education credit. 

Atty. Russo is the Chairman of Rosenn, Jenkins & Greenwald’s Plaintiff Personal Injury Practice group, and he devotes his practice to representing injured people and their families. 

ALERT - Contaminant Found in Heparin

  • 19
  • March
    2008

The Associated Press today reported that a contaminant has been found in batches of the blood thinner, Heparin, that has resulted in 19 deaths.

Mar 20, 7:06 AM EDT
Contaminant found in heparinBy RANDOLPH E. SCHMID
AP Science Writer

WASHINGTON (AP) -- U.S. health officials have identified a contaminant in batches of the blood thinner heparin associated with 19 deaths and are trying to determine how the chemical got into the drug.The lots of heparin, whose key ingredient was imported from China, were recalled Feb. 28, and Food and Drug Administration officials said Wednesday that no new deaths have been reported since that time.Dr. Janet Woodcock, head of the FDA's Center for Drug Evaluation and Research, said the contaminant is oversulfated chondroitin sulfate, a chemical that does not occur naturally.Chondroitin sulfate is a natural compound that occurs widely and is used as a dietary supplement but the oversulfated version has not been widely studied."We cannot rule in or out whether this was accidentally or deliberately introduced into the product," Woodcock said, "We are investigating how it got in."

The FDA has also initiated testing of imported heparin entering this country and Woodcock said the agency feels "doctors and patients now can be confident that the product on the market has been tested and is safe."

Chondroitin sulfate is a compound in the same family as heparin, so preliminary testing did not identify it, Woodcock said. She said more exacting tests by the government and university researchers uncovered the contaminant.

Oversulfated chondroitin sulfate would be less expensive to make than heparin, but FDA officials said they could not estimate the cost difference.

Congress quickly reacted to the report with the House Committee on Energy and Commerce's subcommittee on oversight and investigations scheduling an April 15 hearing.

"This latest development underscores our concerns that FDA does not have a robust enough presence overseas in conducting inspections in plants that make drugs for the U.S. market. Ongoing surveillance inspections are critical if FDA is to find shortcomings," said committee chairman John Dingell, D-Mich.

On the other side of Capitol Hill, Sen. Edward M. Kennedy, D-Mass., who is chairman of the Health, Education, Labor and Pensions Committee, said: "Whether this contaminant was introduced intentionally or by accident, the full force of the law must be brought to bear to bring those responsible to justice. To guard against future abuses, every drug manufacturer needs to inform FDA of where it sources its ingredients and what it is doing to ensure that these ingredients are pure and potent."

And Sen. Charles E. Schumer, D-NY, added that "the FDA should have identified this contaminant before it hit U.S. shores and caused so many health problems for patients. The agency's ability to perform foreign inspections is woefully inadequate. We will continue to push for greater funding, staff, and oversight to better enable the FDA to protect the public's health."

The lots of heparin linked to hundreds of allergic reactions were marketed by Baxter International and produced in China.

Baxter buys its heparin through Wisconsin-based Scientific Protein Laboratories, or SPL, which in turn owns a Chinese factory - Changzhou SPL - and buys additional raw heparin from other Chinese suppliers.

SPL said in a statement Wednesday that the contamination occurred earlier in the supply chain.

Robert Rhoades, an independent consultant, was quoted in the statement as saying tests used by the FDA had detected "peaks" in samples of material supplied to the Chinese plant, "indicating that the contaminant was in the material before it reached CZSPL."

"We do know that heparin sourced and produced in North America by SPL has not been shown to have the same peak characteristics seen in certain lots of heparin sourced in China and has not been implicated during the investigation," the statement added.

FDA said Chinese officials have been highly cooperative in the investigation.

The investigation comes just a year after melamine was identified as a contaminate in pet food from China. Officials said an agreement signed at that time with China helped smooth the way for this investigation.

FDA officials said they could not yet directly associate the oversulfated chondroitin sulfate to the deaths and side effects, but it is the lone contaminant they have found in the product.

A different brand of heparin has also been recalled in Germany after 80 patients there became sick, and the German manufacturer said it was narrowing down the source of contamination to another Chinese supplier

On Wednesday, German regulators did not say if the contaminant they are investigating is oversulfated chondroitin sulfate.

Heparin is derived from pig intestines, and China is the world's leading supplier. Tiny family-run workshops near slaughterhouses send batches of raw ingredients to larger middlemen before they reach factories.

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Associated Press business writers Matthew Perrone in Washington and Matt Moore in Germany contributed to this report