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Your Advocates - In the last six months, Anapol Schwartz has continued to advocate for clients who have been victimized by others’ negligence. We are pleased to share with you our most recent successes.
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Your AdvocatesIn the last six months, Anapol Schwartz
has continued to advocate for clients
who have been victimized by others’
negligence. We are pleased to share with
you our most recent successes.
Courtside
• Alan Schwartz and Stephen Pokiniewski achieved a $2.185 million malpractice/wrongful deathverdict in a case involving a 51-year old man who died due to careless medical care.
• Mark LeWinter secured a $3.85 million settlementin an Allegheny Court of Common Pleas case fortwo iron workers, one severely injured and theother killed on a Bloomsburg construction site.
• A 41-year old man, who was injured due to amedical misdiagnosis, received a $2.1 millionsettlement thanks to Lawrence Cohan.
• Joel Feldman obtained a half-million-plussettlement against a bar for serving alcohol to a minor who then suffered injuries as a result of driving intoxicated.
• Bernard Smalley and Adrianne Walvoord, alongwith national counsel, negotiated a complexcommercial case involving breach of contractclaims for a government entity, resulting in amulti-million dollar settlement.
• On the mass tort front, we’re actively involved in filing lawsuits on behalf of consumers injuredby drugs Yaz/Yasmin, Paxil, Hydroxycut andGardasil, and medical devices Sprint FidelisMedtronic Defibrillators and Stryker and ZimmerHip implants.
continued, page 4
In This IssueYour Advocates 1Safety First
Uncovering the Risks of Electric Blankets and Heating Pads 1Winter Driving Safety: Don’t Slip Up! 2
Medical WoesGardasil Vaccine: Proceed with Caution 2
Guest AdvocateLong-Term Care Planning: A Case Study 3
In the Community 500+ Consumers Participatein The Anapol Schwartz Foundation Campaign 4
Winter 2010
www.AnapolSchwartz.com
Safety FirstUncovering the Risks of Electric Blankets and Heating Padsby Miriam Benton Barish
While most Americans think they are keeping their homes safeby installing smoke alarms, many are unaware of the dangersposed by their household products – the greatest source ofresidential fires.
According to the Consumer Product Safety Commission(CPSC), approximately 4,000 people are killed in house firesannually, with faulty appliances the greatest cause.
Ironically, it’s those electric blankets and heating pads that consumers rely upon forwarmth and comfort that trigger hundreds of these fires, resulting in millions of dollars in property damage and dozens of injuries and deaths.
Heating pads and electric blankets are not supposed to rise to temperatures that cancause ignition. So, when these products set off a house fire, it is usually because they aredefective or damaged.
What are the culprits? Often, the fabric or electrical cord wears out long before it shouldor the heating wires are defective or the controls malfunction – all of which can lead toexcessive heat, thereby posing a risk of burn injuries, fire or damage to the blanket orheating pad itself. What’s more, fires can start when combustible materials like bedding or furniture come in contact with the blanket or pad.
To protect your family and home from these electrical fire hazards, take these safety measures:
• Buy newer electric blankets and heating pad models, since older ones are more likely to cause electrical fires.
• Always turn your blankets or heating pads off when not in use. Many models have no internal temperature control to shut off when they get too hot.
• Look for blankets and heating pads with their own overheating shut-off system.
continued, page 3
Anapoladvocate
Safety First, continued
Winter Driving Safety: Don’t Slip Up!by James Ronca
Unless you live in North Dakota, sometimes it’s easy toforget that driving in winter weather calls for additionalsafety precautions. To help protect yourself and yourvehicle against winter accidents, follow these tips.
• Keep up on proper maintenance. It’s important to take your vehicle in for regular service to ensure no repairsare needed.
• Know how your vehicle responds in winter conditions. For example,if you have anti-lock brakes, your vehicle will react differently in a skid.
• Check windshield wipers and fluid. Wipers should be in goodcondition and the window washer reservoir should be full of non-freezing fluid.
• Get a grip. Make sure your tires have good tread and are properlyinflated. If you live in an area prone to snow, use snow tires.
• Slow down and avoid abrupt maneuvers. In any adverse weather,you need additional time to react.
• Maintain a safe following distance. Leave extra space betweenyour vehicle and others’. Remember that trucks take more time to stop, so give them more room.
• Beware of bridges. Bridges, as well as ramps and overpasses, haveair underneath them and freeze before the regular road surface.
• Use four-way flashers. If visibility is bad and/or traction is reduced,put on your flashers so other drivers can see your vehicle.
• Know how to handle skidding. If you are in a skid and the rear ofyour car goes to one side, steer into that side.
Remember that winter weather is often unpredictable. Driving in
such conditions can be a challenge, but by following these tips you
can help protect yourself and your vehicle. And, remember the
ultimate safety tip – unless it’s absolutely necessary to travel in
dangerous conditions, don’t!
Shareholder James Ronca has been representing victims and theirfamilies in major car and truck collision cases for more than 30 years,achieving numerous multi-million dollar results, including a recent casenear State College, Pa., involving a 42-vehicle pileup resulting in sixfatalities. Ronca has given more than 100 lectures on motor vehiclecases, including numerous seminars on truck cases. He is the leadauthor of the most widely used treatise in motor vehicle insurance.Contact him at [email protected].
2 Anapol Advocate Winter 2010
Medical Woes
Gardasil Vaccine: Proceed with Cautionby Lawrence Cohan and Melissa Fry Hague
Since the human papillomavirus (HPV) vaccineGardasil hit the market in mid-2006, more than23 million doses have been administered. The vaccine is designed to protect women and girls from several of the HPV strains mostlikely to cause genital warts and cervical
cancer – the second-most common cancer among women. Testshave shown Gardasil to be relatively safe and effective, and womenshould certainly take the vaccine if their physicians recommend it.
However, adverse reactions can occur with any vaccine, andGardasil is no different. Women have reported Guillain-BarréSyndrome (a rare disorder causing potentially severe, usuallytemporary, paralysis), as well as other neurological reactions,seizures and thromboembolic disorders. There have even beenseveral dozen accounts of deaths. Fortunately, there are simplesteps you can take to minimize your risk of injury:
Taking Other Medications? Tell Your Doctor. If you’re on anymedicines, or if you’ve had cold or flu symptoms, tell your doctorbefore receiving Gardasil. Some vaccines are contraindicated inpatients with viral or bacterial infections, and some just don’t mixwell with other medications.
Say “No” to Multiple Vaccines. Doctors sometimes administermultiple vaccines during a visit. However, Gardasil has only beentested with one other vaccine, Hepatitis B. If you let your doctor giveyou any other vaccines with Gardasil, you’re volunteering to be aguinea pig.
Watch for Adverse Effects. Any symptoms manifesting within72 hours of receiving Gardasil – including infections, rashes, or fainting –could be related to the vaccine. If minor reactions last several days, orif more severe ones occur, immediately seek medical help.
Know Your Rights. Most vaccines, including Gardasil, are governed bythe National Childhood Vaccine Act, which preempts all state actionfrom injuries arising from these vaccines. Claims must be filed underthe Vaccine Injury Program in the Federal Claims Court in Washington,D.C., by attorneys qualified to handle these cases. If you havesuffered an injury from Gardasil, contact a lawyer who can bringyour case before the Vaccine Injury Program.
Shareholder Lawrence Cohan represents victims suffering fromadverse reactions to Gardasil and other vaccines, and has beenhandling complex plaintiff’s cases for nearly 30 years. Heconcentrates his practice on medical malpractice, toxic tort andpharmaceutical claims. Contact him at [email protected].
Associate Melissa Fry Hague has also been instrumental in counselingvictims who have been injured by Gardasil. She focuses her practiceon mass torts, products liability, class actions and medical malpractice.Contact her at [email protected].
Guest Advocate
Long-Term Care Planning: A Case Studyby Jerold E. Rothkoff
Jane contacted our office recently for assistance in long-term care planning for her andher husband, John. They havebeen married for over 40 yearsand have two grown children.She is quite active and in
reasonably good health; however, John has multiple physical health problems,including macular degeneration,Parkinson’s and heart disease, and iswheelchair-bound.
Their children both communicate withthem regularly, but unfortunately live toofar away to help out. Jane is unable to carefor John alone, but fears the unknownssurrounding nursing home placement. She has limited financial experience andeven less exposure to the complicatednursing home admission process.
The couple has $200,000 in assets, plustheir marital home, which is the one assetJane worries about the most. She wants to stay in her house, and fears the expense of John’s nursing home care may force her to sell.
We assured Jane that she had numerousoptions for planning. First, we helped hersecure admission to a nursing home thatsuited John’s needs, but was close to herhouse. It was essential for her well-beingthat she remain very involved in his care tominimize her loneliness when he moved.
We then updated the couple’s estatedocuments to adequately protect John inthe event that Jane died before him.Specifically, her will had to be revised toprotect John’s Medicaid eligibility, andboth needed durable financial powers ofattorney, health care powers of attorneyand living wills.
Finally, we structured Jane’s financialplanning to accommodate both John’sshort-term need for suitable nursing home
care and his long-term plan to qualify forMedicaid. We turned excess assets thatotherwise could have been claimed by thenursing home into a monthly income forJane to pay her expenses. We also securedadditional monies from John’s monthlyincome for her through the Medicaidappeals process.
Jane has been able to continue herindependent, active lifestyle while knowing
John is receiving the quality care he needs.She now has peace of mind knowing herhome is protected, and the vast majority of her and her husband’s life savings hasbeen preserved.
Jerold E. Rothkoff is an elder and disability law attorney with offices located in Cherry Hill, N.J., Center CityPhiladelphia, and Trevose, Pa. Contact him at [email protected].
www.AnapolSchwartz.com Anapol Advocate Winter 2010 3
The Anapol Schwartz Guest Advocate column provides a forum for attorneycolleagues outside our firm to weigh in on emerging legal and safety issues. For comments or questions, contact us at [email protected].
Uncovering the Risks of Electric Blankets and Heating Pads continued from page 1
• Stay away from wet, creased blankets or pads. Twisting and/or creasing can damage the internal heating coils.
• Avoid tucking your electric blanket into mattresses or mattress pads.
• Don’t sit or lie on top of an electric blanket or heating pad. This may damage the internal heating coils.
• Don’t put comforters, bedspreads, or anything else on top of the blanket or heating pad while it is turned on. This traps the heat which can build up to a point where it may become an ignition source.
Applying the above tips can help you minimize the danger of fires from these two common household items. And, always remember with any fire: Get out of the house; don’t try to put it out.
Partner Miriam Benton Barish concentrates her practice on products liability, toxic torts, and other personal injury matters. A strong advocate for consumer safety, Barish representsburn victims who have been injured in fires caused by defective products, including heatingpads and hair styling devices/tools and other common household appliances and furniture.Contact her at [email protected].
In the Community
500+ ConsumersParticipate in TheAnapol SchwartzFoundation CampaignIn keeping with our commitment tocommunity health and safety programs, werecently asked consumers to vote online forone of four charities we support throughThe Anapol Schwartz Foundation (ASF).More than 500 individuals participated, and we made contributions in their names.
The benefiting non-profits, to which thefirm designated a portion of its fees, were:
The Burn Foundation. Contributionssupport a family mentorship program that was established with a grant from part of the firm’s fees in an unsafe productscase involving catastrophic burns to ayoung child.
Caren Sydnor Locomotor TrainingFund–Magee Rehabilitation HospitalFoundation. Donations benefit a fund,started by our client and spinal cord injurypatient Caren Sydnor, which providesmuch-needed locomotor training to spinalcord injury patients when insurance runsout and also offers equipment to optimizetherapy time.
Greater Philadelphia Urban AffairsCoalition. Contributions go toward anaward, made in the name of a client, whichis supporting Philadelphia high schoolspecial-needs graduates who are continuingon to higher learning.
The Mayor’s Commission on People withDisabilities. Donations help supportscholarships for people with disabilities.
To benefit these programs, the firmcontributed a portion of its fees from a case which provided restitution to a legallyblind woman/prison worker whose leg wasimpaled – and ultimately amputated – due to a hazardous tree that PennDOT and itscontractors failed to remove.
Since its inception in 2008, The ASF hasgranted more than $125,000 to local501(c)(3) public charities. As we win caseson behalf of clients and their families, we will continue to contribute to The ASF and to critical community programs. Visit www.anapolschwartz.com/ASF tolearn more.
Contact InfoAnapol, Schwartz, Weiss, Cohan,Feldman & Smalley, P.C.
www.AnapolSchwartz.com
Reach us at 866-735-2792And, find us in…
Philadelphia1710 Spruce StreetPhiladelphia, PA 19103Cherry Hill, NJ1040 Kings Highway North, Suite 304Cherry Hill, NJ 08034Harrisburg, PA252 Boas StreetHarrisburg, PA 17102Reading, PA146 North 6th StreetReading, PA 19601Media, PA230 North Monroe StreetMedia, PA 19063Wheeling, WV89 12th StreetWheeling, WV 26003
www.AnapolSchwartz.com Anapol Advocate Winter 2010 4
Your Advocatescontinued from page 1
Honors
• Eight attorneys were honored as 2009Pennsylvania Super Lawyers®: ThomasAnapol, Lawrence Cohan, Joel Feldman,Mark LeWinter, James Ronca, AlanSchwartz, Bernard Smalley and Sol Weiss.
• The Anapol Schwartz Foundationreceived the first official Chairman’sAward from the Burn Foundation forproviding funds to create a mentorshipprogram that assists burn survivors and their families.
• Bernard Smalley was also appointed to the Board of Overseers at WidenerUniversity School of Law.
• Amber Racine was elected to theexecutive board of the Barristers’Association of Philadelphia.
American Lawyer Media recentlypublished “The Library of PennsylvaniaPersonal Injury Forms” book, authored byJoel Feldman, Michael Barbiero and AmberRacine. The book provides information to assist plaintiff ’s attorneys in handling all types of personal injury cases.
