Tag: philadelphia

Products Liability at McDonald’s

products liability defective products new jersey philadelphia attorneyWe’ve all heard about Liebeck v. McDonald’s, more commonly known as the “McDonald’s Coffee Case” of 1994. It was a products liability case that became, as ABC News called it, the “poster child of excessive lawsuits.” It’s easy, without knowing the facts of the case, to scoff at someone who would sue for being burnt by hot coffee.
Coffee is coffee, it’s supposed to be hot! But, is it supposed to be hot enough to cause third degree burns?

Stella Liebeck was 79 when she was in the passenger seat of her Ford Probe, as her grandson drove her through the drive thru of a Mcdonald’s Fast Food Restaurant in New Mexico. He pulled the car over so that Stella could add cream and sugar to her coffee. Stella put the cup between her knees and lifted the lid slightly. At that point, she spilled the entire cup of coffee on her lap. Her cotton sweatpants absorbed the coffee, holding it to her skin for over a minute and a half.
The coffee scalded her thighs, buttocks, and groin. At the hospital, it was determined that she had sustained third degree burns on 6% of her skin, and lesser burns on 16% of her skin. She remained in the hospital for 8 days and underwent skin grafting. In that time she lost 20% of her body weight, reducing her weight to 83 pounds, and causing an additional 2 years of treatment.

Liebeck sought to settle for $20,000 to cover her medical bills, which amounted to $11,000. McDonald’s offered $800. After McDonald’s refused her offer, Liebeck retained attorney Morgan Reed, who brought a case against McDonald’s, accusing them of “gross negligence” in making a product that was “unreasonably dangerous” and “defectively manufactured.”
Reed made a settlement offer of $90,000, which McDonald’s rejected. He made another offer of $300,000, followed by a mediator suggested offer of $225,000. McDonald’s rejected both of them, and the case went to trial.

In trial, Reed exposed that McDonald’s was serving coffee at temperatures of 180-190 degrees Farenheight. At this temperature, the coffee could cause third degree burns in 2-7 seconds. Reed also revealed during litigation that between 1982 and 1992, McDonald’s received over 700 reports of people being burned by coffee, and had settled claims for scalding injuries for over $500,000.
In the end, Liebeck was awarded just under $600,000 in punitive and compensatory damages.

Tort Reformists call this a “frivolous” lawsuit, and claim that it’s cases like this that are stressing the economy. But a case like this is far from frivolous. McDonald’s was serving coffee that had the potential to truly harm their customers. As we can see, it did. No labeled warning can replace a manufacturer’s responsibility to keep consumer safety a number one priority.

Product Liability Attorneys at the Mininno Law Office

Nowadays, we see more and more fault in our system regarding foreign manufacturers and their seeming exemption from U.S. regulations on product liability. But even native manufacturers are producing products that are defective and unsafe. Defective products are dangerous, and potentially harmful or fatal.

If you have been injured by a defective product, you may be entitle to compensation. Contact the Mininno Law Office for a free case evaluation, or call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Sixteen Year Old Girl Suffocated in Missouri Hospital

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Alexis Richie (right) with her mentor, showing off a home made ice cream sundaes they made together in 2005.
SSM DePaul Health Center in Bridgeton, Missouri finds themselved under fire for medical malpractice, after a hainous event that took place last October. Sixteen year old Alexis Richie, a patient in the psychiatric ward of the hospital, suffocated and died when caretakers restrained and sedated her face down in a bean bag chair.

Alexis Richie was a foster child from the time she was 7 years old, bouncing around between families and institutions. A troubled past included incidents of sexual abuse, as well as a suicide attempt at age 11. Alexis would act out in violent fits, and many times cause physical harm to others. She was admitted to the psychiatric ward at the SSM DePaul Health Center on October 16, 2009 after stabbing a teacher at Evangelical Children’s Home with a pencil.

During her 10 day stay at DePaul, Alexis was sedated and restrained frequently. Her outbursts put herself and others in danger. In therapy, she knew she needed to behave because she wanted to return to her foster home for her 17th birthday.

On the night of October 26th, an aide named Leon Harriel told Alexis to head back to the girls hall for bedtime, and Alexis cursed at him. She became unruly and violent, and Harriel , along with another aide, Mike Manetta, grabbed Alexis by her arms and took her to a small room, where they laid her face down on a bean bag chair. Alexis continued to fight the aides, and Nurse Pam Wooten entered the room with shots of Geodon and Ativan. Wooten injected the drugs into Alexis and left the room to get arm restraints. Harriel and Manetta told Alexis they would let go of her if she calmed down, and which point she became limp. At that point, Harriel and Manetta simply stood up and left the room. They did not check her pulse or her breathing, or even help her turn around to be face up on the chair.

Minutes later, Wooten returned and Harriel told her Alexis had calmed down. She did not re-enter the room to check on the girl. The charge nurse, Iris Blanks, was making rounds and asked about the status of Alexis. Harriel said she had passed out after receiving the sedative shots. Blanks entered the room and called Alexis’ name to no response. Blanks checked vital signs; pulse weak, pupils fixed, reflexes gone. She was soaked in her own urine. The team tried to revive the girl, but it had been 12 minutes since she first “went limp.” It was too late. Alexis was pronounced dead at 10:06 pm.

So far, charges have not been filed against the caretakers, as the Prosecuting Attorney’s Office said there were too many people involved to determine who was responsible.

The Team’s Response to Alexis’s Condition

Alexis’ biological family has hired an attorney who is investigating the case. This story is an example of gross medical malpractice and negligence. The caretakers response to Alexis’ state when Blanks found her was horrid. Blanks should have immediately started CPR, but instead left the room to get a flashlight and blood pressure machine. She left a second time to get a stethoscope, and to retrieve Nurse Wooten. Wooten came in and tried to wake Alexis up, who was not responding. She called a code blue at the nurses station, and an emergency team entered the room. It took the doctor 9 minutes to put the breathing tube down Alexis’ throat. The team’s response was not at all satisfactory, and Iris Blanks was fired immediately.

The SSM DePaul Health Center has a lot of work to do to make sure their staff is qualified and ready to handle emergencies such as this, and to be able enough to not cause emergencies like this, as happened in this case.

Mininno Law Office and Medical Malpractice

At the Mininno Law Office, medical malpractice cases are taken very seriousley. Alexis should not have died due to the negligence of doctors who felt no need to check up on her after pinning her down and injecting her with sedatives.

If you or a loved one have been victimized by medical malpractice or medical negligence, do not hesitate to contact the Mininno Law Office. Our New Jersey and Philadelphia Medical Malpractice Attorneys are here to work for you, and to get you the compensation you deserve. Call us at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Employees Arrested for Cruel Prank

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Nursing Home Abuse is a disturbing trend plaguing the long term care facility industry.
On Wednesday, August 4th, six nursing home employees at the Valley View Skilled Nursing Facility in Ukiah, California were arrested on misdemeanor criminal charges for a cruel and abusive prank they played on a select number of residents.

According to a release from the Attorney General’s office, each of the six employees greased up the bodies of their patients with slippery ointment cream at they end of their shift so they would be slippery for the oncoming shift of workers. The residents that fell victim to this nursing home abuse were chosen because they suffered from an advanced level of dementia and could not fight the treatment.

The charges filed against the workers include injury to an elder or dependant adult; battery committed on an elder or dependant adult; conspiracy; and battery committed while on hospital property. Attorney General Jerry Brown said, “As part of a cruel and and shocking prank, these caregivers abused defenseless elders. This dispicable behavior by people placed in a position of trust.”

Nursing Home Abuse and the Mininno Law Office

This form of nursing home abuse is truley disturbing. These six employees turned sick, elderly residents whose care they were responsible for into the butt of a joke. Clearly, they had no respect for those they were caring for, the facility in which they worked, and the work they were supposed to do.
The Mininno Law Office takes a strong stand against this depraved and awful behavior. Nursing Home Abuse is all too common, and we must fight against the entities that allow it to continue.

If you or a loved one have sufferend the effects of nursing home abuse, contact the Mininno Law Office. Let our New Jersey and Philadelphia Nursing Home Abuse Attorneys help you get the compensation you deserve.
You could also call at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia.

Wrongful Death Suit Filed Against Lancaster Hospital for Patient Suicide

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Lancaster General Hospital
The Lancaster General Hospital in Lancaster, PA is named in a wrongful death lawsuit filed by the family of 70 year old Fillipo Raia, who, last summer, leapt to his death out of an eighth story window at the facility on Duke Street where he was being treated for mental health problems.

Raia had a history of seizures and anxiety and, upon admittance to the hospital last July, was confused, agitated, and appeared to have an “altered mental status.”According to nurses, two days after his admittance, Raia threatened to jump out of the window. Nurses also noted that he was suffering from hallucinations and paranoia, and thought the hospital staff was trying to kill him. He was given medicine throughout his stay to keep him calm and sedated.

Raia’s two psychiatrists, Dr. Kathleen Dougherty and Dr. Leo Dorozynski, are being named in the suit. It seems that their assesments of Raia differ greatly from those of the nurses who cared for him on a daily basis. On the same day that a nurse documented Raia to be “agitated and uncooperative,” Dr. Dougherty noted that he was “somewhat anxious” but “logical.” Two days before Raia’s death, Dr. Dorozynski wrote that he was “calm, pleasant but confused.” Two hours later, a nurse noted that he was “very confused,” “agitated,” and “psychotic.” Raia’s medical doctor suggested a transfer to the psych unit of the hospital, and Dougherty stated that she “…[did] not see indication for psychiatric admission.”

Andrew Youman, an attorney with Kline and Specter, the Philadelphia Firm handling the case, stated that “Throughout the stay, he was clearly demonstrating that he was not able to keep himself or others safe because of his mental status.” The lawsuit names not only the hospital and the two psychiatrists, but Behavioral Health Specialists, Lancaster General Medical Group, Lancaster General Behavioral Health System, Lancaster General Health and Lancaster General Health Foundation as well.

Wrongful Death at the Mininno Law Office

John Mininno began a law career to help bring justice to those who have been wronged. He has won substantial verdicts for people who have been hurt by negligent doctors, defective product manufacturers, and corporate wrongdoers.
If you are grieving the loss of a loved one, and you believe their death was not inevitable, contact the Wrongful Death Attorneys at the Mininno Law Office. They will be able to help you get the compensation you deserve. You may also call at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

New Illinois Legislation Promises Better Nursing Home Care

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Illinois Governor Pat Quinn signs bill that aims to improve the care being provided in nursing homes across the state.
Illinois Governor Pat Quinn recently signed a bill that aims to greatly improve the quality of care being provided to the state’s elderly citizens in nursing homes and long term care facilities. Supporters have high hopes that new regulations upheld by the bill will work to eradicate the disturbing trends of nursing home abuse, neglect, and violence currently plaguing the long term care industry.

Expected changes include:

  • New ratio of 1 inspector per every 500 beds
  • Increased criminal background checks and psychological testing of nursing home patients
  • Alternative housing arrangements for patients who are physically capable, but suffer from psychological conditions
  • Increased staffing levels at long term care facilities


    • Illinois State Governement     intends to fund the plan by increasing licensing fees, and decreasing the amount of psychiatric patients in nursing homes. Small, group-homes require less staff oversight and will save some of the money the state currently spends on this area of care.

    Naysayers claim the bill is just a way to silence the public outcry for tighter restrictions on the care being provided in Illinois nursing homes. Whether or not that is true really doesn’t matter. The bill was signed, changes will be made, and nursing home care will improve.

    The Mininno Law Office Frowns Upon Nursing Home Abuse

    The Mininno Law Office has taken a firm and unwavering stand against nursing home abuse. Our elderly citizens deserve respectful, careful, and attentive treatment while staying in nursing homes and long term care facilities.

    If you or a loved one have experienced what you believe is nursing home abuse or negligence, contact the Mininno Law Office. Our New Jersey and Philadelphia Nursing Home Abuse Attorneys are ready to help you with your claim against the nursing home, and will work ’round the clock to get you the compensation you deserve. You can also call at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

    CT Scans Causing Radiation Overdoses

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    CT scanners are using unnecessarily high levels of radiation in brain perfusion scans, and causing hairloss, burns, scabs, and other worse complications.
    This past Sunday, The New York Times published a story on CT Scans and the damage they may be causing to patients. It seems the scanners are emitting dangerous and harmful levels of radiation when patients are getting CT brain perfusion scans, a scan often used to test for strokes. This particular test is exposing patients to radiation overdoses at levels that can cause burns, scabs, significant hair loss, cancer, or even brain damage.

    Last summer, after a large number of radiation overdoses began emerging, the FDA set off an investigation into why patients were being bombarded with excess radiation. They have yet to publish findings.

    The New York Times investigation found that , nationwide, upwards of 400 patients received radiation overdoses in only 8 hospitals. Six of those hospitals are located in California. A health official in California believes that more cases will undoubtedly surface once other states begin to look into the issue. The Times determined that it is relatively unclear why the overdoses are taking place.
    Blame could fall on the shoulders of the technicians, who are not properly using the equipment, or the manufacturers of the equipment, who provide poor design and inadequate training. GE Healthcare, one manufacturer of the scanner, suggests to technicians higher levels of radiation for clearer images, a practice that one expert said is unjustified and potentially dangerous.

    Affected By a Radiation Overdose? Contact the Mininno Law Office

    Depending on what further investigation determines is the catalyst for these radiation overdoses, victims could potentially file medical malpractice or product liabilty claims.
    Radiation is a dangerous technology that must be handled with extreme care. Four hundred patients in 8 hospitals suffering from excessive radiation levels is proposterous.

    If you or a loved believe you are suffering from the effects of a radiation overdose, contact the Mininno Law Office. Our New Jersey medical malpractice and defective product attorneys will help in any way possible to determine if you have a case. Contact the Mininno Law Office for a free case evaluation, or call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
    Let us help you get the compensation you deserve.

    The National Quality Forum Outlines Medical Malpractice

    new jersey philadelphia attorneys medical malpractice nursing home abuse national quality forum
    27 Never Events - Occurences that should never take place within the walls of a healthcare facility.

    The National Quality Forum is a non-profit organization that aims to improve the quality of healthcare for all americans.
    The forum aims to do that through pursuit of three seperate missions:

    • Setting national priorities and goals for performance improvement;
    • Endorsing national consensus standards for measuring and publicly reporting on performance; and
    • Promoting the attainment of national goals through education and outreach programs.

    NQF’s membership consists of a wide variety of healthcare stakeholders: consumer oraganizations, public and private purchasers, nurses, physicians, hospitals, healthcare researchers, and quality improvement organizations.

    The NQF has recently published a list of 27 “never events” in healthcare. “Never Events“ refer to events that, rightly, should never happen. Most of the events on the list would happen when a patient is being cared for at a healthcare facility, and constitue as medical malpractice and negligence or nursing home abuse.
    A few of the events could happen within a patient’s home. Below is a list of the NQF’s 27 “Never Events.”

    1. Surgery performed on the wrong body part
    2. Surgery performed on the wrong patient
    3. Performing the wrong surgical procedure on a patient  (conducive to symptoms)
    4. Retention of a foreign object ina  patient after surgery or other procedure
    5. Intraoperative or immediately post-operative death in a normal, healthy patient.
    6. Patient death or serious disability associated with the use of contaminated drugs, devices, or biologics provided by the healthcare facility.
    7. Patient death or serious disability associated with the use or function of a device in patient care in which the device is used or functions other than as intended.
    8. Patient death or serious disability associated with intravascular air embolism that occurd while being cared for in a healthcare facility.
    9. Infant discharged to the wrong person.
    10. Patient death ot serious disability associated with the partient disappearance for more than four hours.
    11. Patient death or serious disability associated with a medication error.
    12. Patient suicide or attempted suicide resulting in serious disability, while being cared for in a healthcare facility.
    13. Patient death or serious disability associated with a hemolytic reaction due to transfusion of the wrong blood type.
    14. Maternal death or serious disability associated with a medication error.
    15. Patient death or serious disability associated with hypoglycemia, the onset of which occurs while the patient is being cared for in a healthcare facility.
    16. Death or serious disabilty associated with the failure to identify and treat jaundice in newborns.
    17. Stage 3 or 4 bedsores or pressure sores acquired after admission to a healthcare facility.
    18. Patient death or serious disability due to spinal manipulatice therapy.
    19. Patient death or serious disability associated with an electric shock while being cared for in a healthcare facility.
    20. Any incident in which a line designated for oxygen or other gas to be delivered to a patient contains the wrong gas or is contaminated by toxic substances.
    21. Patient death or serious disability associated with a burn incurred from any source while being cared for in a healthcare facility.
    22. Patient death associated with a fall while being cared for in a healthcare facility.
    23. Patient death or serious disability associated with the use of restraints or bedrails while being cared for in a healthcare facility.
    24. Any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed healthcare provider.
    25. Abduction of a patient at any age.
    26. Sexual assault of  a patient within or on the grounds of a healthcare facility.
    27. Death or significant injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a healthcare facility.

    Medical Malpractice or Nursing Home Abuse in NJ or PA?

    These “never events” are sure instances of medical malpractice, and in some cases, nursing home abuse. If you or a loved one have experienced any of the events on the list, you should contact a NJ Medical Malpractice or Nursing Home Abuse attorney.

    The team at the Mininno Law Office is ready to help you get the compensation you deserve. For a free case evaluation, contact the Mininno Law Office. Or simply call at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

    Will parents sue for Wrongful Death in Langhorne, PA?

    pennsylvania new jersey attorneys wrongful death Bryan Nevins woods services
    Bryan Nevins, 20, was left inside a van to die in the middle of a record setting heatwave.
    On July 24, 2010, Bryan Nevins (20), a severely autistic young man, died of hyperthermia after being left in the back of a van during a record setting heatwave. He was a resident at Woods Services in Langhorne, PA, and was found hours after returning from a group trip to Sesame Place.
    District Attorney David Heckler has not yet decided whether or not to prosecute Nevins’ caretaker for negligence, or if this was simply an accident. Nevins’ parents live in New York, but have said that despite his age, he has the mental capacity of a two year old.

    The question on prosecutors’ minds is whether this is a case of negligence at a care center or simply a tragic accident. If it is determined that negligence is at fault, a person or persons could be charged with involuntary manslaughter. And the facility could be sued for wrongful death in PA.

    It seems that, upon returning from the water park, each resident should have been accounted for as they exited the van. How could Bryan have simply been forgotten about? It was someone’s responsibility to make sure that he returned safely from Sesame Place to the facility, and back to his room or common meeting area.
    To leave him in the back of a van in the middle of heatwave is irresponsible and grossly negligent: this is a clear cut case of wrongful death.

    Wrongful Death Claims and the Mininno Law Office

    At the Mininno Law Office, wrongful death attorneys work ’round the clock to assist you in getting the compensation you deserve. A New Jersey wrongful death attorney will help gather all of the facts in order to present the best possible case.
    If you are grieving the loss of a loved one because of what you believe is a wrongful death claim, contact the Mininno Law Office or call us at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

    Missouri Man Killed in Fatal Trucking Accident

    Forty-four year old Michael Hart of St. Joseph, Missouri, was tragically killed on July 14th, 2010 in a fatal trucking accident involving his van and a tractor trailer.

    attorneys new jersey trucking accident fatal michael hart missouriAn article in the Chillicothe-Constitution Tribune (a Missouri newspaper) says that Hart was traveling east on U.S. Highway 36 (just northeast of Kansas City, MO) in his 1989 Chevy van, while Dale O. Hazzard (38) was driving his 1995 Volvo tractor trailer southbound on Spring Hill Road. The police report states that Hazzard pulled out in front of Hart’s van, which hit the rear side of the semi. The vehicles became entangled. The article did not provide information on the injuries Hazzard sustained, or if he sustained any at all. The article also fails to elaborate on why Hazzard pulled out onto the highway without stopping for oncoming traffic. The entrance to 36 from Spring Hill Road is a T intersection, so slowing down would be necessary to safely make the turn.

    The article did not go as far as to assign blame to either of the drivers, but if Hazzard did in fact pull his tractor trailer in front of Hart’s van without stopping or even slowing down, it is likely he will be at fault.

    Trucking accidents are frightening and very dangerous accidents that occur far too often. As drivers, we must be cautious and wary of the dangers of large trucks. The possibility of an accident is always looming overhead, and truck drivers and passenger car drivers alike need to be alert at all times.
    This accident could have been easily avoided, had the truck driver simply stopped and looked. Negligent and careless driving often leads to tragic and fatal trucking accidents. Drivers on the long haul are tired, and the road has the power to hypnotize you once you’ve been going for too long.

    Trucking Accidents and the Mininno Law Office

    At the Mininno Law Office, we take trucking accidents very seriously.
    If you or a loved one have been injured in a trucking accident, you may be entitled to compensation. Contact the Mininno Law Office for a free case evaluation, or call us at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

    The Phillie Phanatic is Being Sued for Personal Injury?!

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    One of the most beloved mascots in major league baseball, the Phillie Phanatic, finds himself in the middle of a personal injury lawsuit.
    Seventy-five year old Grace Cass filed a personal injury lawsuit against the Phillie Phanatic, one of baseball’s oldest and most iconic mascots, for an incident that took place at a minor league baseball game in Reading, PA. Cass claims that the Phanatic stepped on her legs, awakening “dormant arthritis,” and causing the need for 2 knee replacements.

    Crass’ suit, seeking $50,000 in damages, names The Philadelphia Phillies, The Reading Phillies, and Tom Burgoyne, the man inside the Phillie Phanatic costume on the day of the incident. Crass’ attorney, John Speicer, says he’s being teased by his friends for taking on the case. “This is like suing Santa Claus,” they’ve said. Like suing Santa Claus indeed!

    A study published by the Cardozo Law Review found that the Phillie Phanatic, who has been sued three times, has been sued more than any other mascot affiliated with major league baseball. But the study was quick to acknowledge that this most likely has to due with the mascot’s longevity. He has become a staple in Philadelphia Sports culture, and fans adore him. The study also attributed lawsuits to the fact that the icon’s costume is large and bulky, allowing for awkward hugs and interactions that could easily result in fall or injury.

    Bob Jarvis, the author of the study done by the Cardozo Law Review, defends the loveable mascot, saying that “the Phanatic is a classic character” who is “part of the game of baseball.” The outcome of this court action may determine whether or not the Phanatic remains a staple of the Phillies Organization.

    Whether or not Cass’ arthritis and knee replacements were really caused by the Phanatics antics is unclear. Hopefully, a swift litigation process will determine if the Phanatic is really at fault for Cass’ injuries.

    Personal Injury Attorneys at the Mininno Law Office

    If you or a loved one have been injured to the negligence of another, you could be entitled to compensation. The personal injury attorneys at the Mininno Law Office are here to help you receive that compensation. Contact the Mininno Law Office for a free case evaluation, or call us at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.