Common Metabolic Disorders in Newborns

Receiving the diagnosis that your beautiful newborn baby has a metabolic disorder can make you feel like your world is caving in. You likely have numerous questions running through your mind as you try to figure out how this could happen to your family. The following information will provide you with basic details about metabolic disorders in newborns and who you can turn to for help.

What Are Metabolic Conditions in Newborns?

Metabolic disorders in newborns affect how babies digest their food and turn it into fuel. Some disorders cause babies to lack the digestive enzymes necessary to utilize certain nutrients, such as proteins and amino acids. These conditions can cause your newborn to become lethargic and weak, but symptoms vary. In extreme cases, metabolic conditions can result in stroke, coma, cardiac failure, severe neurological impairment, or death.

Metabolic conditions are comparatively rare and often genetic. However, more than 700 metabolic disorders can affect your newborn. Doctors sometimes refer to these conditions as inherited metabolic disorders or inborn errors of metabolism. 

6 Common Metabolic Disorders in Newborns

Each metabolic disorder has a different clinical presentation. Understanding the clinical presentation of these disorders and diseases, as well as their treatment, can help you pave a healthy future for your new child.

Glycogen Storage Disease

Glycogen storage disease (GSD) is a rare metabolic disorder in newborns. The baby’s body cannot properly break down or store glycogen, a type of sugar. GSD can affect your baby’s muscles, liver, and other areas, depending on the type of GSD they suffer from.

Sickle Cell Disease

Sickle cell disease (SCD) is an inherited disorder of the red blood cells that affect your baby’s hemoglobin. Hemoglobin is the protein that transports oxygen through your newborn’s body. With SCD, the hemoglobin causes the red blood cells to become hard and sticky. The red blood cells die prematurely, resulting in a deficiency. 

The red blood cells can also get stuck in smaller blood vessels and clog the blood flow. These clogs can result in pain and other health complications, including infection and stroke.

Sickle cell disease is a metabolic disorder that can lead to oxygen deprivation in newborns. Cerebral palsy is a neurological disorder that doctors link to oxygen deprivation. Researchers have linked the development of cerebral palsy after birth to sickle cell disease and blood flow problems in the brain.

Toxoplasmosis

The metabolic disorder toxoplasmosis can manifest after the parasite Toxoplasma gondii infects your baby. This parasite is often contracted from eating undercooked meat or contact with cat excrement. Most people who contract this parasite are asymptomatic. The mother can pass the parasite to the baby unknowingly during pregnancy.

Many babies infected with congenital toxoplasmosis are born prematurely. Toxoplasmosis can harm your baby’s ears, skin, eyes, and nervous system. Some babies show signs of toxoplasmosis at birth, while others may not develop symptoms for years. 

Lysosomal Storage Disorders

Lysosomal storage diseases or disorders (LSDs) cause toxins to accumulate and result in cell and organ damage within your baby’s body. There are more than 70 identified types of LSDs. Most healthcare providers diagnose LSD during the pregnancy or infancy stages. Medical professionals may test your baby’s urine or blood sample to aid in the diagnosis. 

There are no cures for LSDs. However, treatments can help manage your baby’s symptoms and mitigate damage to its tissues and organs. Treatments may include the following:

  • Medications
  • Stem cell transplants
  • Enzyme replacement therapy

Examples of the types of LSDs include lipidosis, mucopolysaccharidoses, and sphingolipidoses. Some ethnic groups, such as people from Finland and Eastern European Jewish people, have increased rates of LSDs.

Urea Cycle Disorders

Urea cycle disorder (UCD) is an umbrella term for several genetic conditions that affect the body’s protein and enzyme functions related to removing ammonia from the bloodstream. Ammonia buildup can be toxic and life-threatening if your baby’s body cannot remove it. One option to reduce the risks of this disorder is to limit protein in the diet.

UCDs cause ammonia buildup in your newborn’s blood, resulting in brain damage, coma, or death if not treated promptly. UCDs are relatively rare, affecting approximately 1 in 35,000 newborns. UCDs can be accompanied by symptoms such as the following:

  • Poor feeding
  • Weight loss
  • Seizures
  • Vomiting

Treatment for UCDs may include the following: 

  • Dialysis to remove excess ammonia
  • Special formula
  • Medication

Do not delay seeking treatment; UCDs can be fatal if not addressed promptly.

Maple Syrup Urine Disease

Maple syrup urine disease (MSUD) is a rare, inherited metabolic disorder. However, it is treatable. MSUD prevents your baby’s body from breaking down amino acids normally. This results in MSUD’s characteristic maple syrup odor in your baby’s urine. 

MSUD is typically diagnosed at birth during a routine screening test. It is a rare disease that researchers believe infects only 1 in 185,000 births worldwide and only around 2,000 Americans. However, it is more common in the Old Order Mennonite (1 in 380) and Ashkenazi Jewish (1 in 26,000) populations. 

Treatments include:

  • A protein-restricted diet
  • Lifelong monitoring of amino acid levels
  • Rapid medical intervention during potential metabolic crises
  • Liver transplantation in rare cases

While MSUD is treatable, it can be life-threatening within the first two weeks of the neonatal period if untreated.

Why Newborn Screenings Are Vital

Newborn screenings are vital to protecting and ensuring your baby’s future health and development. These are six of the most common metabolic disorders in newborns. But they represent just a handful of issues doctors can catch during a post-birth screening.

Some of these disorders can be life-threatening to your child if they are not diagnosed immediately. Others can impact your child’s development or have other lifelong implications.

There Are Actions You Can Take

Discovering that your newborn has a rare genetic defect, core disorder, or metabolic disease can be overwhelming. Not all metabolic conditions represent medical malpractice or a birth injury. However, some do. If your newborn has suffered due to medical negligence, the neonatal and birth injury attorneys at McEldrew Purtell can help. 

Contact us today to arrange your no-cost, risk-free consultation.

Chocolate Factory Explosion in Pennsylvania

Around 5 p.m. on March 24th, 2023, an enormous explosion occurred at a chocolate factory in Pennsylvania. This deadly incident happened about 60 miles northwest of Philadelphia at an R.M. Palmer Company factory best known for manufacturing chocolate Easter bunnies. 

According to authorities, the blast in the town of West Reading caused fatal injuries to at least seven individuals. Emergency workers responded over the following weekend. The incident was especially tragic as it happened only two weeks before the Easter holiday.

The Cause of the Explosion and Fatalities

As of Saturday, March 25th, the cause of the blast was under investigation by local authorities. Some believed the explosion was caused by an unknown gas leak in or near the factory. Video of the aftermath of the explosion was posted to social media sites. 

Response teams used large machinery to remove heavy debris. They also relied on thermal imaging equipment and sniffer dogs to search for survivors. The morning after the incident, responders discovered an employee trapped in the rubble.  

West Reading police chief Wayne Holben was initially hopeful that more survivors would be found. Sadly, more fatally wounded workers were discovered as the weekend wore on. 

The mayor of West Reading, Samantha Kaag, mourned the loss of the individuals in public statements following the incident. She also praised the responders for helping bring closure to the decedents’ families.

If you lost someone you love in the West Reading chocolate factory explosion, it is important to speak with a legal professional. A skilled explosion injury attorney can review the facts of your situation and help you seek justice.  

Fortunately, the compassionate attorneys at McEldrew Purtell are here to help. Our experienced staff will gladly schedule a no-cost consultation for you. 

Victims with Non-Fatal Injuries

Many of those present for the explosion suffered non-fatal injuries. Some of the injured were admitted to nearby Reading hospital. Ten patients were admitted and subsequently transferred to other medical care facilities.  

Two other patients were in fair and good condition, respectively. Everyone else affected by the chocolate factory explosion was discharged.  

Those who sustained injuries as a result of the explosion may be owed financial compensation. Knowledgeable explosion injury attorneys can help you discover your legal options and rights. 

R.M. Palmer Company

The owner of the West Reading chocolate factory, R.M. Palmer Company, has manufactured chocolate candies since its founding in 1948. Some of the company’s most popular product lines include:

Chocolate Bunnies

R.M. Palmer Company is known for its chocolate Easter bunnies. These candies are available in various sizes and flavors, such as:  

  • Milk chocolate
  • White chocolate
  • Dark chocolate 

The manufacturing of these Easter-based candies makes the timing of the recent event even more tragic.

Chocolate Coins

R.M. Palmer also produces chocolate coins wrapped in foil in different designs for different occasions.

Chocolate Figures

The confectionery company also manufactures hollow chocolate figures in different shapes, including Santa, snowmen, and Easter eggs.

Other Miscellaneous Candies

The company produces a range of candy products. These include:  

  • Gummy bears
  • Jelly beans
  • Hard candies
  • Chocolate bars — including milk, white, and dark chocolate
  • Chocolate novelty items such as dinosaurs and footballs 

R.M. Palmer Company manufactures a wide range of chocolate and candy products. These items are typically marketed for special occasions and celebrations throughout the year. 

While the products offered are fun and nostalgic, the production processes can result in tragedy. When this happens, victims deserve workplace explosion injury attorneys who will fight for them.

The Dangers of Chocolate Factory Explosions

There have been many explosions at confectionary factories in U.S. history, dating back more than two centuries. 

Some facilities rely on combustible starch dust. This ingredient is useful for shaping bonbon centers and other types of candy. When this starch ignites, explosions become highly likely. 

Possible Damages for Explosion Victims

Victims of factory explosions can pursue financial compensation for the losses they incurred. This is especially true if the cause of their injuries was another party’s negligence. 

The legal term for financial payments for losses is “damages.” Special and general damages are the two most common categories of compensatory payments.

What Are Special Damages?

This type of financial compensation makes up for the monetary costs that the victim experienced as a result of the explosion. Typical examples of these losses include: 

  • Past and current medical bills
  • Expected costs for ongoing medical care
  • Physical therapy
  • Medical-related travel
  • Property damage associated with the blast
  • Lost income and foregone wages from missed work
  • Decreased ability to earn income long-term
  • Costs of vocational retraining 

A seasoned Pennsylvania injury lawyer will use the financial documents related to your case to calculate special damages. You should not forfeit any of the compensation to which you are rightfully entitled. The tort attorneys at McEldrew Purtell will use receipts, bills, invoices, and other documents to calculate the money you are due.

What Are General Damages?

Many of the harms that explosion victims experience do not come with a price tag. For instance, what is the price of being unable to sit or walk comfortably? How much is it worth to have permanent burn scars? 

These questions are incredibly difficult to answer. General damages are meant to compensate for the losses that are challenging to quantify. Common examples of general damages include repayment for: 

  • Scarring and disfigurement
  • Physical pain and suffering
  • Emotional distress and turmoil
  • Anxiety and depression
  • Loss of quality of life
  • Disability or functional impairment
  • Embarrassment 

When an explosion injury is fatal, the victim’s estate holder can pursue compensation on their behalf. This is known as a “wrongful death” claim and works similarly to other tort cases. Typical damages in these claims include: 

  • Funerary expenses and burial costs
  • End-of-life care costs
  • The victim’s pain and suffering
  • The family’s pain and suffering
  • Loss of consortium or relationship
  • Loss of parental guidance 

If you or someone you love was negatively impacted by the R.M. Palmer Company factory explosion in West Reading, PA, do not hesitate. Contact the caring legal team at McEldrew Purtell for premier legal representation. 

TikTok Challenges Leading to Car Thefts: Why the Car Manufacturers Could Be to Blame

They have encouraged millions to set and share goals or to appreciate the beauty of a sunrise, but TikTok challenges — contests on the popular social media site challenging users to upload a video of themselves completing a task — do not always encourage such positive behavior. 

A TikTok challenge is leaving numerous Kia and Hyundai owners with missing vehicles and in search of legal redress.

The TikTok car theft challenge, described in August 2022 by the Los Angeles Police Department, is depriving car owners of their vehicles as perpetrators steal and trash those cars for fun. 

Children and teens looking to compete in the challenge are told to upload a video of themselves hotwiring and stealing a car using nothing more than a standard USB cable. The vehicles that are most often targeted by those participating in the challenge are Hyundais and Kias manufactured between 2010 and 2021.

In looking for answers and compensation, owners of the stolen Kias and Hyundais that have been stolen in this TikTok car theft trend are turning their attention to the car manufacturers themselves.

History and Impact of TikTok Car Thefts

Experts believe that Kia TikTok thefts and Hyundai TikTok thefts first started in 2021 and have exploded in popularity since. 

According to a CNBC report, several large jurisdictions have reported alarming increases in the number of Kias and Hyundais being stolen as individuals, usually, children, participate in the challenge. For example:

  • Beginning in July 2022, St. Petersburg, Florida, reported that over 33 percent of all car thefts are tied to the TikTok car theft challenge
  • Los Angeles, California, indicates that there was an 85 percent increase in the number of Hyundai and Kia thefts from 2021 to 2022
  • Chicago, Illinois, reports nearly an 800 percent increase in the theft of specific vehicles since the TikTok challenge first appeared

While the challenge does not require participants to steal any certain type of car, Kias and Hyundais built between 2010 and 2021 are being targeted because of the ease with which they can be stolen. 

These vehicles use a mechanical key and do not have an engine immobilizer, making them easy to steal. Thieves, some of whom are as young as 11 years, can easily open the steering column and hotwire these vehicles in as little as 30 seconds.

Once a vehicle is stolen, an event that the thief records on TikTok, the thief or thieves will take the vehicle and joyride or use the vehicle to commit additional crimes. Some of the Kias and Hyundais that were stolen have later been recovered after the thieves abandoned them, leaving them heavily damaged.

Since the TikTok car theft trend began, Kia and Hyundai have announced upgrades to affected vehicles that will prevent the engine from starting absent the key actually being in the ignition.

Lawsuits Filed Against Kia and Hyundai

Depending on the age of those stealing the cars, they may face few criminal consequences. This assumes that the people responsible for stealing the Kia or Hyundai can be identified and located. 

But even where a criminal conviction is secured, this may be a no-win situation for victims because few, if any, criminal defendants have the financial resources to compensate their victims for their losses.

These and perhaps other concerns have prompted those affected by the TikTok car theft challenge to either file individual lawsuits or join class action suits against the two automakers and seek damages from the manufacturers. 

Although the mechanisms of an individual lawsuit and a class action lawsuit are slightly different, both center on a similar claim: that the auto manufacturer negligently crafted certain vehicles, making them unreasonably easy for others to steal.

Individual Product Liability Lawsuits

Theft victims who file individual lawsuits do so under a theory of product liability. This legal theory says that manufacturers of a product have an obligation to their consumers not to allow design flaws or other failures to render their product dangerous or defective. 

When manufacturers of products unreasonably allow defective products to make their way into the hands of consumers, the manufacturers can be responsible for losses, damage, and harm.

Class Action Lawsuits

In a class action suit, numerous plaintiffs — sometimes hundreds or thousands of them — with a similar injury caused by the same party will join together and bring a class action suit. 

In this type of suit, a few plaintiffs will represent the entire class and will prosecute a case on behalf of the entire class. These class representatives have the authority to enter into a settlement or take the case to trial.

Class members themselves have little control over the resolution of the case, but they do benefit from being able to share in any verdict or settlement that the class representatives secure. 

A class action lawsuit can also provide compensation to class members who may not have had their cars stolen but who nonetheless had a defective Kia or Hyundai.

What to Do if You Are Affected by the TikTok Kia Thefts and Hyundai Thefts

If you own a Kia or Hyundai manufactured between 2010 and 2021 that uses a physical key to start the car, you should contact your nearest service facility about the manufacturer’s available security upgrades. 

If your vehicle has not yet been stolen in this TikTok car theft trend, these security upgrades can help prevent your car from falling victim to this senseless and damaging challenge.

Regardless of whether your vehicle has been stolen, though, you may have legal rights that you can assert against the vehicle’s manufacturer. Depending on the facts of your situation, these rights can include the ability to join one of several class action lawsuits presently pending in numerous states. You may also be able to file an individual product liability case.

Contact McEldrew Purtell for a free consultation if you have a Hyundai or Kia manufactured between 2010 and 2021. We will evaluate your situation, advise you of your legal rights, and help you take action to secure the compensation you are entitled to.

Injured in a Walmart? Why Walmart Lawsuits Are More Common Than You Might Think

You can find just about any product you need in a Walmart, from tires and oil changes to clothing, groceries, and financial services. But you can also be injured there in a variety of ways, from slipping and falling on a hazard in Walmart to suffering a physical, violent assault at Walmart. 

Nearly 15 years ago, about 5,000 lawsuits were being filed against the retail giant each year, a number that has likely increased — not decreased — since that time.

Walmart is a behemoth, ranking as the world’s largest company in terms of revenue in 2022. Unlike smaller companies, Walmart has its own insurance company and does not need to rely on an outside insurer for liability protection. 

Being sued about 14 times per day every year has also encouraged Walmart to stand its ground when sued and not automatically settle every claim filed against the company.

All of this can be discouraging news for customers who were hurt at Walmart and are thinking of filing a Walmart lawsuit. Despite the challenges in doing so, though, you may be able to bring lawsuits against Walmart when you or a loved one gets hurt inside a store or on a store’s property.

Types of Injuries Occurring at Walmart

There are several dangers in your local Walmart that can lead to an injury for you or a family member. Some of the possible ways you can be injured include the following:

Slips and Falls

Like any other business, large or small, that invites customers to come and shop, Walmart has a legal obligation to identify and clean up spills and mop up snow, rain, and ice to protect patrons from slipping and falling. 

This legal duty to protect extends to other hazards, such as a dry product that spills across the floor. In each of these cases, slips and falls that follow from hazards left unaddressed can mean liability for Walmart.

Security footage and cleaning logs may lead Walmart to conclude it cannot win some of the lawsuits it faces. These cases may resolve with Walmart slip and fall settlements that pay compensation to the injured customer. For other Walmart slip and fall lawsuits, the company may push back and refuse to settle absent additional proof of its liability.

Even if you say, “I slipped and fell to my knees in a Walmart, but I did not hit my head,” you may have sustained an injury to your knees or another body part. If this is the case, you likely have grounds to file a Walmart lawsuit.

Head Injuries and Other Personal Injuries

Just because a Walmart’s floors are clean does not mean there are no dangers present. Carelessly stacked merchandise can topple and fall on you. If this sequence of events happens with a heavy object stacked at a height, you could suffer a serious blow to the head that results in a mild concussion, a cut, or some other harm.

Walmart is responsible for training its employees and supervising their work, so if a Walmart employee stacked these items in a thoughtless manner, the law gives you as the injury victim legal rights and the ability to seek compensation.

Acts of Violence at Walmart

Sometimes, instead of a condition like a slippery floor, it’s a fellow customer that poses a danger to you. News stories are replete with instances of violence occurring in Walmart stores. In fact, over 90 instances of assaults, batteries, and other acts of violence have taken place at Walmart stores over the past several years.

Liability for the retail giant is trickier in these cases; Walmart may not always know which customers will pose a danger to others. In the following situations, though, a strong case can be made through a Walmart lawsuit that Walmart should be liable for damages:

  • A customer openly carries a weapon or gun into the store or through the parking lot
  • A customer is being belligerent and noisy or making threats to other customers
  • A customer has a history of acting out or acting violently but keeps returning to the store
  • The store received credible information from law enforcement that an individual was approaching the store and posed a danger

In these and similar situations, the law requires Walmart to take reasonable steps to protect customers. These can include warning customers of approaching danger, giving them instructions in an emergency, calling for emergency assistance, or using security employees to remove the danger from the store.

Other Injuries Sustained at Walmart

You can also suffer personal harm if you are struck by motorized equipment or if you unknowingly purchase and consume a dangerous product that has been recalled but is still offered on Walmart’s shelves.

Why Walmart Lawsuits Are So Common

Poorly trained or minimally supervised team members, a culture that values profit and sales over safety, and large stores that can cover 187,000 square feet or more are just some of the possible reasons why the company finds itself facing thousands of lawsuits every year. 

No company is perfect, and all companies will have employees who commit mistakes. However, the fact that Walmart continues to face so many lawsuits annually suggests that the cost of defending against these suits or paying a claim is not so great as to justify a radical restructuring of how the company does business.

Building a Case Against Walmart with a Lawyer’s Help

There is a path to victory in a Walmart injury lawsuit, but the road will not be easy. If Walmart chooses to deny your claim, you can expect the company will defend its actions and inactions vigorously in court.

As experienced personal injury lawyers, the attorneys at McEldrew Purtell will review the facts of your Walmart injury for free and evaluate whether you can and should file a suit against Walmart. If the answer is yes, McEldrew Purtell is fully capable of helping you with your case, both in and out of court.

March is Brain Injury Awareness Month

Brain Injury Awareness Month

March is Brain Injury Awareness Month, a time to reflect on the serious impact that brain injuries can have. Unfortunately, brain injuries are usually quite severe and a major cause of death, bringing tragic implications for injured individuals and their loved ones. The difficulty of navigating life after damage or loss of cognitive facilities can’t be overstated — yet these are injuries that the average person doesn’t know much about. 

When it comes to brain injury awareness, knowledge is power. Knowing the basic signs and causes of a brain injury can be life-saving if you or someone you know sustains one. And the data shows that you might be more at risk of a brain injury than you’d think.

McEldrew Purtell is a brain injury law firm devoted to helping clients recover compensation after a brain injury brings devastating consequences and financial burdens. If you or a loved one have suffered a brain injury, contact McEldrew Purtell and speak with a brain injury lawyer about your options for pursuing compensation. 

4 Facts to Raise Brain Injury Awareness

Brain injury attorneys spend their careers helping injured individuals and their loved ones fight for compensation after victims suffer a brain injury. Skilled attorneys also know that the success of a brain injury lawsuit depends on how individuals react in the immediate aftermath of an accident. 

Brain injuries are common, and they can happen to people of all ages in various situations. From car accidents to sporting events, brain injury lawyers know that anyone can sustain a life-altering brain injury in the blink of an eye. 

The bottom line is that brain injury awareness is important for helping more people understand the frequency of this tragic type of injury and ensuring that more individuals know the early signs and how to take action when a brain injury occurs. 

With that in mind, here are 4 facts that you should know about brain injuries:

1. Brain Injuries Cause 176 Deaths Each Day

The CDC reports that around 64,000 people die annually from brain injuries, 176 per day on average. The impact is thousands of lives cut short and countless loved ones left to grieve the absence of the deceased. 

But the truth is that many of these deaths are preventable. Most serious brain injuries happen due to someone’s negligence, like a reckless driver who causes a crash. Even more tragically, many brain injuries lead to death due to a lack of awareness — people who don’t know the signs of a brain injury are less likely to seek life-saving medical care.  

2. Falls Are the Leading Cause of Brain Injury Hospitalization

Brain injuries can happen in countless ways, but certain accidents lead to brain injuries more often than others. For example, accidents that involve striking or jolting the head naturally lead to a higher incidence of brain injury.

These injuries can happen very easily if you trip and fall. In fact, the CDC reports that falls make up nearly half of all traumatic brain injury hospitalizations. Falls are also one of the leading causes of workplace injuries. This is particularly true in occupations like construction, where a worker is more likely to fall from a significant height.

Elderly individuals are also at high risk of sustaining a brain injury. As people age, their balance deteriorates, as does the integrity of their bodies, increasing the likelihood of both falling and suffering serious injuries. 

3. Knowing the Signs of a Brain Injury Can Save Lives

Some brain injuries are immediately apparent, but many are not. And when there’s no visible injury after an accident involving head trauma, early brain injury symptoms are often waved off. After all, taking a fall or ending up in a car crash are unsettling experiences, and an injured person may attribute their shock and confusion to the upsetting nature of the fall, rather than something physically wrong.

But failing to seek medical care after a brain injury can lead to serious or fatal medical complications like brain bleeding or brain swelling. If the common signs of a brain injury were a matter of common knowledge, more people would seek medical care or encourage an injured loved one to see a doctor. 

4. Brain Injuries Are One of the Most Expensive Injuries

Brain injuries are widely regarded as one of the most expensive types of injury a person can sustain. When a brain injury is severe, the injured person needs emergency care or hospitalization. And even after a range of tests, surgeries, and procedures, many severe brain injury victims are never able to recover. 

A severe traumatic brain injury often leads to the need for lifelong assisted care, which means the family is left paying for an assisted living facility or in-home aid for the remaining years of the victim’s life. 

When recovery is possible, it’s often a lengthy process that may require several different types of therapists. In addition to the emotional devastation, loved ones often find themselves saddled with tens of thousands of dollars in medical bills. 

But thankfully, a brain injury lawyer can help recover these costs.

How Brain Injury Lawyers Make a Difference 

A severe brain injury is a devastating event. Family members are left to care for a loved one who may no longer recognize them. In some cases, victims may spend years in a coma, never regaining consciousness. As if this tragedy were not enough for loved ones to deal with, the expense of caring for someone with a brain injury can be financially ruinous.

Brain injury lawyers work with families to recover compensation after an accident results in a brain injury. While it can’t restore a loved one’s health on its own, compensation can at least ensure that the family can afford the cost of long-term care. 

The brain injury attorneys at McEldrew Purtell have recovered over $2 billion in compensation for our personal injury clients. We’ve negotiated multiple million-dollar settlements in brain injury cases, providing financial relief to families whose loved ones suffered avoidable injuries. 

To learn more about how we can help make a difference in your ability to care for a loved one, contact McEldrew Purtell and speak with one of our experienced brain injury attorneys today.

Examples of Negligence in a Hospital Setting

Recognizing examples of negligence in a hospital setting can help you identify when you have been affected. Learn more about hospital negligence and what it looks like. Find out what you can do when you or a loved one have been harmed by medical malpractice. 

Examples of Hospital Negligence

Hospital negligence exists in many forms. You can be harmed through medication errors and surgical errors. Other forms of hospital negligence include failing to hire enough staff and security issues. If you have been harmed by hospital negligence, a lawyer can help you recover the damages you deserve.

Medication Errors and Improper Treatment

One type of hospital negligence arises when doctors or nurses administer the wrong drug to the patient. There are several times during patient care when this error can occur. Generally, medication errors occur at one of the following times:

  • Administering
  • Dispensing
  • Documenting
  • Monitoring
  • Ordering or prescribing
  • Transcribing

The most common stages for drug errors are the prescribing and ordering stages. Ordering errors account for nearly 50% of all medication errors.

Some causes of medication errors include the following:

  • Expired product
  • Incorrect dosage form
  • Incorrect dose
  • Incorrect duration
  • Incorrect preparation
  • Incorrect rate
  • Incorrect strength
  • Incorrect timing
  • Known allergen reaction
  • Known contraindication
  • Pharmacist judgment error

You may be eligible for compensation if you or a loved one have been injured due to receiving the wrong medication. A medical malpractice lawyer can help you report your medication errors.

Surgical Errors

Neurosurgeons, and spine surgeons in particular, face the highest risk of medical malpractice claims. When successful, these malpractice claims produce verdicts with an average award of more than $1 million.

The following are examples of medical negligence involving surgical errors:

  • Wrong side surgery: The medical professional operates on the wrong side of the patient.
  • Correct side, wrong site surgery: The healthcare professional performs surgery on the correct side of the patient but in the wrong location.
  • Wrong procedure: The surgeon performs the wrong procedure on the patient.
  • Wrong patient: The medical professional performs a surgery meant for one patient on the incorrect patient. 

Surgical errors are among the most feared medical errors. Little can compare to submitting yourself to the necessary amputation of your right leg only to awaken and find the surgeon removed your left leg instead due to medical negligence.

Millions of dollars in court-ordered damages will never replace your missing limbs or compensate you for your injuries. However, these awards can help you cover necessary medical treatment. This treatment can be crucial to helping you live a fulfilling life.

Inadequate Staffing

Inadequate staffing is one example of negligence in a hospital setting. It is considered one of the root causes of medical malpractice. Hospitals sometimes reduce their nursing staff to decrease their overhead costs. However, this strategy can backfire on hospitals. Having nursing staff numbers fall below target levels is connected to increased mortality within a hospital.

It is easy to understand how inadequate staffing can lead to an increased risk of medical negligence. Staffing shortages can cause existing staff to feel overworked and stressed in nearly any industry. In an industry such as medicine, where a mistake can kill, being overworked and stressed can have devastating outcomes. 

Inadequate staffing-related examples of medical negligence include the following:

  • Overtime is associated with higher rates of infection.
  • Errors in medication increase mortality levels.
  • Having fewer nurses around can result in failure to rescue.

If you believe you are a victim of hospital negligence due to inadequate staffing, you may have a valid medical malpractice claim. A medical malpractice attorney can review your case and explain your legal options.

Negligent Security

Another type of hospital negligence involves insufficient security. Examples of negligence in healthcare that involve security include the following:

  • Being sexually assaulted
  • Being physically battered
  • Being verbally assaulted 

These attacks could come from medical staff, other patients, visitors, or anyone else in the hospital.

Can You Sue a Hospital for Negligence?

You can sue a hospital for negligence if it or its staff have broken their duty of care toward you. When you trust a medical professional to treat you in a hospital, that person owes you a certain standard of care. 

The standard of care is a medical and legal term that refers to how your medical practitioner should have handled your situation. The court compares the potentially negligent actions of your medical provider to how other qualified healthcare providers under the same circumstances would have behaved.

If other healthcare practitioners would not have made the same error, the court will consider your doctor or nurse to have breached their standard of care to you.

Proving that your medical practitioner owed you a duty of care and failed to deliver that care to you proves two required elements of a medical malpractice claim.

What Is the Average Compensation Amount in Hospital Negligence Cases?

Hospital negligence victims can receive compensation of up to millions of dollars. Not every claim receives this amount. Much depends on the damages and injuries you have endured due to the negligent actions.

Examples of damages the court could compensate you for include economic and noneconomic damages. Economic damages are those the court can assign a cost to with relative ease. These can include items that have receipts, such as hospital bills. 

Noneconomic damages are more difficult to quantify. They may include the pain you endured due to the hospital’s negligence. While noneconomic damages are more challenging to assign a dollar amount to, the courts do their best to adequately compensate you for your negative experience.

Examples of economic damages:

  • Medical bills
  • Future medical bills
  • Lost wages
  • Future lost earnings

Examples of noneconomic damages:

  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium
  • Punitive damages

The court may provide loss of consortium to your spouse for noneconomic damages they suffer. This damage award relates to their loss of intimacy within the marital relationship.

Courts rarely issue punitive damages. However, when a court awards these damages, the reward is often substantial. Courts issue punitive damages to punish the negligent party for particularly reprehensible actions. Courts may use these damages to warn other potential offenders that they will not tolerate these types of negligent actions.

Go Over Your Options With a Medical Malpractice Lawyer

If a hospital’s negligent actions have harmed you or your loved one, a medical malpractice attorney may be able to help you recover damages. Not every incident of harm to a patient is medical malpractice. However, an experienced lawyer is best suited to examine your case and present you with your legal options.

Contact the medical malpractice lawyers at McEldrew Purtell today to arrange your free, no-obligation consultation.

Common Symptoms of Chemical Exposure

The Environmental Protection Agency formally recognizes nearly 800 toxic chemicals linked to adverse health effects. At the same time, the Natural Resources Defense Council reports there are more than 80,000 chemicals used in the U.S. Most of these chemicals have not been adequately tested for their effect on human health.1,2

The Occupational Safety and Health Administration estimates that every year, there are 60,000 deaths and 860,000 workplace illnesses from chemical exposure.3 

Exposure can be direct or indirect. Direct exposure occurs when someone comes in contact with chemicals, such as spilling a chemical on their skin. Examples of indirect exposure include drinking contaminated water or working in an area where chemicals are disbursed into the air.

Where and When Your Risk of Exposure Is the Highest

Chemicals can enter your body through skin or eye contact, breathing in chemical gases in the air, or ingesting them. Once chemical are in your body, they can move rapidly within your bloodstream to internal organs.

Detecting chemicals can be challenging. While you may easily identify solids or liquids, dust and mist can contain chemicals, too. Fumes, vapors, and other gases are often invisible. This makes the risk for exposure higher in areas that you do not control, such as the workplace.

Chemical exposure does happen in homes and affects health. However, the majority of people experiencing toxic effects from harmful chemicals are exposed in the workplace, especially in areas without proper ventilation.

While anyone can suffer from chemical exposure, some occupations are more likely to come in contact with toxic chemicals, such as those working in:

  • Aerospace
  • Construction 
  • Factories
  • Farming and agriculture 
  • Food service
  • Healthcare
  • Labs
  • Manufacturing
  • Mining
  • Railroad and transportation
  • Textiles
  • Welding

Toxic tort lawsuits have been filed against employers, manufacturers, and other entities for a variety of reasons, including lead poisoning, asbestos exposure, dangerous pharmaceutical drugs, and other product liability claims. Some cases lead to class action suits that recover millions of dollars.

Telltale Signs of Chemical Exposure

The health effects from chemical exposure can do serious damage, causing acute (short-term) effects that show up soon after exposure to chemicals or chronic (long-term) damage. 

Chemical exposure symptoms include:

Skin and Eye Irritation

Eye and skin irritations are common in chemical exposures. Symptoms include redness, swelling, and blistering, and are sometimes painful.

Blurred Vision

Even mild chemical exposure can cause blurred vision. More serious effects can include chemical eye burns. Along with blurred vision, symptoms often include headaches or dizziness.

Nausea and Vomiting

Certain chemicals cause an immediate reaction. Nausea and vomiting can happen quickly from chemical exposure, but may also develop into a chronic condition, including cramping and diarrhea.

Shortness of Breath               

Exposure to chemicals can cause shortness of breath or other breathing difficulties. Chronic coughing, wheezing, chest tightness, and asthma have been linked to toxic chemical exposure in studies. In some cases, this can result in respiratory failure.

Cognitive Impairment

Some chemicals have been linked to cognitive impairment. Symptoms include memory loss, confusion, and difficulty concentrating.

Fatigue and Weakness

Other common symptoms of chemical exposure include muscle aches and pains, fatigue and weakness, and overall lethargy.

Other Potential Symptoms

Other common symptoms from chemical exposure include:

  • Abdominal pain or swelling
  • Rapid breathing (tachypnea)
  • Rapid heart rate (tachycardia)
  • Chemical taste and smells even after exposure
  • Acid reflux or heartburn and stomach problems

Potential Health Effects of Chemical Exposure

Chemical and industrial hazardous chemical exposure can have an immediate impact on health or takes years to develop. In many cases, people may no longer be working at the companies or live in areas where they were affected. 

In many cases, symptoms persist long after exposure stops or decreases. For example, cancers can take years or decades to show up. Breathing in asbestos can take time to develop into health problems. And the damage to the lungs may be permanent. 

Some of the potential health effects, especially for long-term exposures, include:

  • Aplastic anemia
  • Asbestosis
  • Cancer
  • Hodgkin’s disease
  • Leukemia
  • Lung disease
  • Mesothelioma
  • Parkinson’s
  • Silicosis

Potential health effects include chronic toxicity, which is linked to various forms of cancer, compromised immune systems, neurological disorders, and reproductive or developmental problems.

The Agency for Toxic Substances and Disease Registry, a public health agency within the U.S. Department of Health, has linked chemical exposure to a broad range of negative health effects on your body’s systems, including:5

  • Respiratory systems: asbestosis, lung cancer, bronchitis, fibrosis, emphysema, chemical pneumonia
  • Renal systems: kidney tissue damage and kidney cancer
  • Cardiovascular systems: heart disease and heart failure
  • Reproductive system: infertility and birth defects
  • Nervous system: diminished motor functions, feeling, and speech
  • Hepatic system: tumors, weight gain, death of liver cells
  • Skin: dermatitis, rashes, discoloration

When To Seek Medical Attention

If you have been exposed to chemicals and exhibit any of the symptoms above, you should immediately seek medical care. If possible, make note of the type of chemicals involved, how you were exposed, and the duration of the exposure. This can help medical professionals more quickly determine the right treatment.

If exposure leads to significant breathing problems, burns, or symptoms of shock, call 911 immediately. The Centers for Disease Control recommends contacting medical professionals immediately as soon as you are aware of the exposure.

You’ve Been Harmed by Hazardous Chemicals, Contact Us Today

McEldrew Purtell is a Philadelphia-based trial firm that specializes in catastrophic injury, whistleblower litigation, and toxic tort claims. We support our clients through every stage of recovery and hold the powerful responsible for the damage they cause.

Determining whether you have an actionable claim requires an evaluation by experienced toxic tort attorneys. You need substantial evidence to prove your claims. 

The experienced toxic tort attorneys at McEldrew Purtell can evaluate your case, explain your legal options, and help you determine the evidence to build a strong claim. We’ve recovered more than $2 billion for our clients and our fees are waived until you receive a settlement. 

Call (215) 965-4477 or contact us online for a 100% free and no-risk consultation.

SOURCES

  1. https://www.epa.gov/toxics-release-inventory-tri-program/tri-listed-chemicals
  2. https://www.nrdc.org/issues/toxic-chemicals
  3. https://www.osha.gov/dermal-exposure
  4. https://www.vdh.virginia.gov/emergency-preparedness/public-preparedness-guidance/chemical-agents/unknown-chemical-exposure/
  5. https://www.atsdr.cdc.gov/emes/public/docs/health%20effects%20of%20chemical%20exposure%20fs.pdf

Lack of Supervision at Nursing Home Results in Death of Resident

Making the decision to place a loved one in a nursing home or assisted living facility can be one of the most difficult decisions that we face in life. We hope and trust in the care that should be provided to our loved ones when residing in these facilities. Unfortunately, things can (and do) go wrong all too often in nursing homes.

A 66-year-old resident with a history of mental illness residing at the University Manor Nursing Home, in Cleveland, OH, died last week. The resident was left unsupervised for an extended period of time with a cigarette lighter and lit herself on fire, ultimately becoming trapped in her wheelchair and dying from burn injuries after spending over a week in a local burn intensive care unit.

Ultimately, a citizen working at an apartment building across the street was the first one to notice the fire, which occurred on the patio of University Manor.

If you or someone you know has been injured or killed while under the care of a nursing home or assisted living facility, negligence could have played a role. Contact us today to discuss your situation at no cost to you.

Elements of Strict Liability

When you experience harm, you don’t always have to prove someone was careless or negligent. Sometimes the standard is strict liability, where a person or business is held to account just because an event happened.

Strict liability is restricted to three types of cases in Pennsylvania: defective products, animal bites, and dangerous activities. If you have been hurt in such a case, a lawyer can help you launch a strict liability claim to ensure you meet the requirements to recover damages.   

An Overview of Strict Liability Laws

If you bring a lawsuit based on strict liability, you have to meet the elements of strict liability to win your case. These elements depend on the kind of harm you experienced. Sometimes these are the result of the statute that lays out the rules for such cases. 

Even if you succeed on a claim of strict liability, the person responsible may still have a defense. In Pennsylvania, you must bring your strict liability case within two years of the injury.

Defective Products

Sometimes a person is injured by a product. Product liability is an example of strict liability where you don’t have to show that the people involved in making the items you depend on to live your daily life were careless.

If the test for strict liability is met, the manufacturer can be held liable even if they were not negligent. 

In general, for strict product liability, someone has to show that: 

  • The product had a defect
  • The defect made the product unreasonably dangerous
  • The product caused their injury

In addition, the person suing has to show they used the product as it was meant to be used. If you are hurt because you used the product in the wrong way, your claim might not succeed. 

The defect may be in the product’s manufacture, design, or in marketing materials that fail to warn about a potential hazard.

In cases of defective products, bystanders who are also hurt can sue the manufacturer, even if they didn’t own the item in question. It is possible to sue for injuries to your children because of defects in toys, for example.

Even though defective product cases are judged on the basis of strict liability, manufacturers do have a defence. If a court accepts their defence, your lawsuit won’t succeed even if you have proven all parts of the test. 

A manufacturer can defend themselves against a defective products claim if they can show you knew about the defect. If you’ve had a product for a period of time and know it has some faults, but go ahead and use it, the manufacturer may not be held liable even if one of those faults is what directly caused your injury. 

You have two years from the time you are injured by a product to bring a lawsuit in Pennsylvania. However, if you don’t immediately realize you are injured, the clock starts once your injury is discovered. 

Animal Owners

Sometimes a person is injured by an animal, such as when they are bitten by a dog. If the strict liability test for animal bites is met, the owner can be held liable. That’s the case even if the owner has not been careless or reckless.

However, in Pennsylvania, the law limits the amount of money you can recover if the dog attacks you but the owner is not negligent. In this case, you can only recover medical expenses for your injuries. If you want to get other damages, such as for lost income or pain and suffering, you have to show the owner was negligent. Showing the owner is negligent is not a case of strict liability.

The test for strict liability in dog bite cases is: 

  • The defendant owns the dog
  • The dog bit the person bringing the lawsuit
  • The dog bite caused the person’s injuries

The dog owner has two possible defences in a case of strict liability:

  • The dog was provoked, or
  • The defendant was trespassing on the property.

If either defence applies, the owner will not be liable in a strict liability case. 

If you want to recover more than medical expenses, you have to show the owner was negligent. The test for negligence is: 

  • Proving the owner knew the dog had “unmistakable vicious tendencies,” and
  • The owner failed to take reasonable steps to control the dog.

If the person who got the bite somehow bore some fault for their injuries, the dog owner may not have full liability in a negligence case. Even if the lawsuit succeeds, the money you get may be reduced according to how big a role you played in the incident.

Dangerous Activities

Sometimes a person does something so dangerous they can be held strictly liable for the harm that results, even if they are not otherwise negligent. 

A common example is storing explosives in a residence. There is a high likelihood someone could experience injuries in these circumstances. In these cases a person bringing a lawsuit would not be required to have exercised reasonable care to prevent being injured. 

The general test for dangerous activities is: 

  • The person engaged in an ultrahazardous or inherently dangerous activity
  • The activity caused a high risk for injury
  • The plaintiff was injured because of the dangerous activity
  • The defendant could have predicted those injuries

There are ways to defend against a strict liability claim for dangerous activities as well. The person being sued could say the injuries were not substantially the result of the dangerous activity, but mostly from another cause.

Bring Your Strict Liability Claim To Us

The strict liability rule can make it easier for people who have been injured to get damages. If you fail to prove all parts of the strict liability law test, your claim will fail. 

The best way to ensure success in your case is to talk to a lawyer. The attorneys at McEldrew Purtell offer a free consultation. Contact us today to see if we can get you compensation for your injuries.