McEldrew Purtell currently represents multiple clients affected by a secondary fuel filter leak in Ford vehicles, which poses an increased risk of engine fire. One week before the court ordered inspection and destructive testing in that first case, the National Highway Traffic Safety Administration (NHTSA) launched an investigation into over 200,000 Ford vehicles, mirroring claims made by the McEldrew Purtell team.
This investigation follows 27 complaints, including 12 reports of fires and four injuries. The evaluation focuses on Ford F-250, 350, 450, and 550 Super Duty vehicles equipped with 6.7L diesel engines from model years 2015 to 2021. Ford has yet to comment on the matter, but McEldrew Purtell’s partner and lead attorney, Dan Purtell, along with the catastrophic injury team and co-counsel, remain steadfast in pursuing justice for those affected by this case.
If you or a loved one has experienced an engine fire, please contact us immediately for a free consultation and evaluation.
A series of devastating propane-related explosions have shaken Pennsylvania throughout 2023, especially in recent months. Despite propane companies claims that leaks and resulting explosions are rare, an overwhelming number of reported cases have occurred within the state over the last year – raising questions regarding safety, regulations, and maintenance.
The latest explosion occurred in the afternoon on December 22nd at the AmericaGas Partners building in Beaver County, PA. Two propane tanks inside the AmeriGas storage garage erupted, causing a massive fire that destroyed the building. Fortunately, no one was on site at the time of this explosion.
On the same night, December 22nd, Irishtown Fire Company was called to the scene of a propane gas explosion in Adams County, PA. Crews were called to the 100 block of Fish and Game Road in Oxford Township late Friday night for a report of a garage on fire. Firefighters arrived and found a garage fully involved in fire, spreading to multiple vehicles and causing personal injuries.
Less than a week before, on the morning of December 18th, a Lancaster County landmark, the Bird-in-Hand Family Inn exploded due to a propane gas leak. 61-year-old Michelle Miller lost her life in this tragic explosion. She was a long-time member of the community and served as the night auditor for the inn for 34 years. In addition to this wrongful death, the explosion and resulting fire caused close to $2 million in damages to the inn and adjoining restaurant. Thankfully, at the time of the incident the inn was vacant of guests due to scheduled annual pre-holiday maintenance.
In September, a 68-year-old man died in a home explosion that reportedly lifted the home from its foundation. Though the investigation is still ongoing, there was strong suspicion that the explosion was caused by a propane leak in the house.
On July 5th, the Rapho Township Maintenance building exploded due to a propane heater leak, destroying it and damaging nearly a dozen surrounding homes. The maintenance building belonged to the county and housed snow plows, dump trucks and other road maintenance equipment that the community needed, especially for the upcoming snow-season.
Seven people lost their lives and 11 others were injured on March 24th, at a candy factory in West Reading, PA when a natural gas pipeline exploded. In 2021, the utility company UGI Corp “exposed and retired” a brittle service line from 1982 but failed to properly disengage the retired line. Several leaks, both in the old and the new lines, were found by specialists after the resulting explosion.
Propane leaks result in an estimated 3000 fires and/or explosions in the United States every year – most commonly during the winter months when gas usage is up. Gas leaks can be the result of a variety of catastrophic failures including:
Improper maintenance
Malfunctioning appliances
Broken gas lines
Worn-out connectors
Overfilled tanks
Corrosion, wear & tear of propane cylinders
Loss of odor additive
Propane is a colorless, odorless gas that when mixed with oxygen can cause explosions and massive, rapidly burning fires. Odor additives are mixed with propane to alert of a problem. In rare cases, the additive degrades making it undetectable by smell or without proper equipment.
Homeowners, landlords and business owners are responsible for regular maintenance on all appliances, heaters, or other equipment that utilize propane as a source of energy. Rented tanks should be maintained by the gas company that services them to ensure that the tank is suitable for continued use. Often leaks are a result of improper maintenance, oversight, or manufacturer errors with a potential for a devastating outcome.
If you or one of your clients has suffered an injury as a result of a gas leak explosion, contact McEldrew Purtell’s Rapid Response Team (#RRT).
Our team specializes in complex Catastrophic Injury cases involving explosions and has the expertise and resources needed to secure the best outcome for you or your clients.
Contact the Team to discuss your case, co-counsel or referrals.
Is the Trucking Company Responsible for Your Injuries?
Trucking accidents can be devastating, leading to catastrophic injuries, fatality and life-altering consequences for those involved. If you’ve been injured in a trucking accident, it’s crucial to understand when the trucking company may be held liable for your injuries. The best way to defend yourself from the variety of complex difficulties that truck accidents present is to hire a skilled lawyer who will work with you to get the compensation you deserve.
If you or a loved one has suffered a serious injury as a result of a truck accident, contact our team of experienced truck accident lawyers to properly investigate and pursue your truck accident claim.
Trucking companies, like all motor carriers, have a legal obligation to operate with necessary duty of care and ensure the safety of others on the road. Even when the truck driver is negligent, the trucking company may also be held liable.
How Can the Trucking Company Be Liable?
Some of the instances in which the trucking company would be held liable include, but are not limited to:
Hiring Practices and Driver Qualifications
One critical aspect of trucking company liability is the hiring and training of drivers. Companies are responsible for thoroughly vetting and hiring qualified drivers with the necessary skills, experience, and adherence to safety regulations. If a trucking company hires a driver with a history of safety violations, inadequate training, or a questionable driving record, they may be held responsible for negligence in their hiring practices.
Vehicle Maintenance and Inspections
Proper maintenance and regular inspections are vital for the safe operation of commercial trucks. Trucking companies are obligated to ensure that their vehicles are well-maintained, meeting all safety standards and regulations. Negligence in vehicle maintenance, such as failing to address mechanical issues promptly, can contribute to accidents. In such cases, the trucking company may be held liable for any resulting injuries.
Hours of Service Violations
Driver fatigue is a significant factor in many trucking accidents. Federal regulations, such as the Hours of Service (HOS) rules, are in place to prevent drivers from operating their vehicles while fatigued. If a trucking company encourages or turns a blind eye to drivers violating these regulations, leading to a fatigued driving accident, they can be held accountable for negligence.
Improper Loading and Cargo Procurement
Trucking companies are responsible for ensuring that cargo is loaded securely and that trucks are balanced to prevent accidents. Improper loading or unsecured cargo can lead to catastrophic accidents and serious injuries. If a trucking company neglects proper loading procedures, resulting in an accident, they may be liable for the damages caused.
Negligent Supervision and Training
Trucking companies must provide adequate supervision and training to their drivers. This includes ongoing training to ensure drivers stay updated on safety regulations and best practices. If a lack of supervision or inadequate training contributes to a trucking accident, the company may be held responsible for negligence.
Seek an Experienced and Compassionate Truck Accident Attorney
Truck accident claims can be complicated and difficult for you to face alone. Trucking companies will fight back with powerful legal teams to try and deny you the compensation you are rightly owed. Contact us today to learn more about your truck accident case. We are ready to help.
Being injured in a trucking accident can be a traumatic experience, but understanding when the trucking company is liable for your injuries is crucial for seeking the compensation you rightly deserve. By recognizing factors such as negligence in hiring practices, insufficient maintenance, hours of service violations, improper loading, and negligent supervision, you can build a strong case for holding the trucking company accountable.
At McEldrew Purtell, our experienced truck accident lawyers know how to fight back. Our team can be instrumental in navigating the complexities of trucking accident liability and securing the compensation you deserve. We take a compassionate approach to your case while aggressively representing you against negligent drivers and companies.
Contact us today to learn more about your truck accident case. We are ready to help.
When you purchase a Tesla automobile from a dealer, it includes a standard Autopilot system. You have the option to replace that with a Full Self Driving (FSD) feature. Despite what the names suggest, neither feature removes the need for a driver. They are both intended as driver-assist features.
While these systems may help you drive in some circumstances, that assistance appears to come with a cost. According to a recent report by the NHTSA, driver-assist features in Tesla vehicles have been at least partially responsible for at least 700 accidents since 2019.
Comparatively, the next most dangerous driver-assist option (Subaru vehicles) resulted in only 23 accidents during that period.
Is Tesla Autopilot Safe?
The evidence suggests that these features are not safe, especially compared to the driver-assist features of other manufacturers. Why are Tesla Autopilot features involved in so many more accidents than driver-assist features in other vehicles? One possible cause is marketing.
Tesla is actively pushing new owners to add the FSD feature, and that marketing push downplays that it is a driver-assist feature. Even the name suggests that drivers can zone out and let the car drive itself. This marketing has already resulted in Tesla being fined, sued, and criminally investigated over misleading self-driving claims.
Another possibility is that the autopilot software just isn’t well designed. There are at least a few signs that this might be the case. In February 2022, 60,000 Tesla vehicles with FSD features were recalled due to what was described as a software glitch. This defect resulted in Teslas rolling through stop signs.
If other portions of the software are similarly defective, the FSD feature may not be safe enough for use, even while a driver is monitoring road conditions. And it definitely wouldn’t be safe enough for drivers who are sleeping or otherwise not paying attention to the road.
And yet another possible reason for these accidents is that Tesla deactivated radar sensors in all vehicles in 2021. These sensors were supposed to prevent collisions, so it isn’t clear why they were turned off. The company claims it was done to allow better technology to be developed, but that has yet to be implemented.
Regardless of the intention, turning off those sensors decreases the ability of self-driving features to identify hazards. This puts drivers, passengers, and others at risk. This is the type of behavior that may lead to a Tesla Autopilot lawsuit.
How Dangerous Are Tesla Self-Driving Features?
Any car accident is dangerous for passengers in the vehicle. However, accidents caused by Tesla Autopilot features are more dangerous than other accidents.
Roughly one of every 200 accidents in the U.S. results in a fatality. The rate of Tesla Autopilot deaths is close to one in 40. This puts Tesla’s self-driving features on par with motorcycles in terms of fatalities.
While some Tesla vehicles have been recalled, investigations into the danger of these features are not yet complete. For example, the NHTSA is still investigating problems with the software that led to Teslas striking emergency vehicles on the edge of the road. When these investigations are complete, more Teslas may be recalled.
What to Do if You Own a Tesla
Even though Tesla Autopilot is standard in every vehicle, you don’t have to use it. If you are concerned that the feature will cause an accident, turn it off. You aren’t required to use driver-assist features.
However, just because you try to turn a feature off, that doesn’t mean it will cease functioning. One of the downsides with modern vehicles is that you don’t have complete control over the software. If your Tesla Autopilot takes control of your vehicle when you don’t want it to, you should contact an experienced product liability attorney at McEldrew Purtell immediately.
What to Do After a Tesla Autopilot Crash
Even if you don’t own a Tesla, you could be a victim of these Tesla features. If you get into an accident with a Tesla, you should consult with a car accident lawyer as soon as possible. There is a chance that the other driver was using some type of self-driving feature. However, you will need the assistance of a car accident lawyer to gather that information.
If they were using a self-driving feature, that might affect liability in the accident. It may also mean you have the option to file a claim against Tesla as well as the driver of the vehicle. Your product liability attorney will investigate your case and determine your options.
Autopilot Is a Misleading Term
Both “autopilot” and “full self-driving” suggest that the vehicle can drive itself without any supervision from a driver. However, Tesla and the government agencies that regulate these vehicles publicly claim the opposite. These are just driver-assist features and can only be safely used with a licensed driver who is paying attention to the road.
If you own a Tesla, use these features safely to avoid being liable for an accident. And if you see someone driving a Tesla who appears to be ignoring the road and relying on these features, give them plenty of leeway and alert the authorities when it is safe to do so. The last thing you want is to get into a Tesla Autopilot crash because of a driver-assist feature.
If you or someone you know was injured or killed as a result of using Tesla’s Autopilot system, contact us to discuss your legal options. You may be entitled to financial compensation.
On June 8, 2023, the US Consumer Product Safety Commission (CPSC) issued a warning about the Momaid infant lounger. According to that warning, the product does not meet critical US safety standards for infant sleep products.
Danger Presented by the Momaid Baby Lounger
This infant lounger presents multiple dangers to any baby placed inside it because it violates federal safety standards.
The first problem is that infant lounger pillows are required to have minimum side heights to prevent children from rolling out of them and falling onto the floor or another surface. The Momaid product does not meet these requirements.
Additionally, this product does not have a stand, which is also required by federal standards. The lack of a stand means that infants sleeping in loungers might roll over and suffocate.
Finally, the Momaid baby lounger lacks labels that give consumers information about the product and manufacturer, and it lacks instructions for safe use. Both of these are required for all products sold in the US.
The result of these deficiencies is that babies using this product are at serious risk of injury or death.
Has the Product Been Recalled?
Typically, when a product is a danger to the people who use it, the manufacturer issues a recall for the product. This both protects the people who currently own the product and minimizes any liability the company has if people continue to use the product and get injured.
However, in this case, Zhejiang Juster Trading, LLC, the seller of the product, has refused to issue a baby lounger recall. The company is not cooperating with the CPSC in any way or offering any type of warning or assistance to customers.
This means that many of the previous customers are unaware of the danger presented by the product. It is likely that many parents are still using the Momaid infant lounger with no clue that the product is hazardous.
However, while the product hasn’t been recalled, few, if any, US companies are still selling the product. This means that if you don’t already own a Momaid baby lounger, there is little danger that you will accidentally purchase one.
What to Do if Your Child Has Been Hurt
If your child was injured while using a Momaid baby lounger, you may be eligible for compensation. The first thing you should do is ensure your child gets proper medical attention as quickly as possible.
Medical Attention
Both falling injuries and suffocation can result in lifelong harm to an infant.
When a child falls while very young, they can cause damage to developing bones or soft tissue. This damage can prevent those body parts from developing properly, leading to lifelong disability.
Similarly, if a child hits their head due to a fall, the injury can result in brain damage. If the wrong part of the brain is injured, that brain damage could hinder the development of motor skills, language, or other important functions. Even a seemingly minor head injury could permanently affect a child’s development.
Suffocation is similar. When a child suffocates, oxygen flow to their brain slows or stops. Even just a minute or two of oxygen deprivation can cause brain damage, which results in roughly the same effects as a blow to the head.
Legal Help
Once a doctor has evaluated and treated your child, you should consult with a product liability attorney. Experienced product liability lawyers from McEldrew Purtell will determine the value of any harm your child suffered.
Many parents underestimate this harm because they don’t understand the types of compensation they can receive. In a product liability lawsuit, your attorney can potentially get you compensation for:
All medical bills
Future assistance services or therapy your child might need
Lost future wages due to disability
Medical equipment your child requires
Pain and suffering due to the injury
Loss of companionship that results from the disability
Experienced attorneys can accurately determine the value of costs years or even decades after the injury. This means that your lawsuit could potentially net your child millions of dollars, depending on how badly they were injured.
What You Should Do if You Own a Momaid Infant Lounger
First, you should immediately stop using it. The numerous safety violations make it unsafe for use, even with modifications.
If your child has already been injured due to poor product design, you can speak to a lawyer about getting compensation through a lawsuit. But if you continue to use the product after learning about the danger it presents, the company is no longer liable for any harm that befalls your child. Instead, you could be liable for harming your infant.
Unfortunately, you will probably not be able to get your money back for the defective product you purchased. The company is located overseas and is not cooperating with the CPSC, so there are few options to recover the cost of the product or get a safe replacement.
It is better to accept that loss and move on than sell the product to someone else and put another child at risk of injury, an outcome for which you would be responsible. The appropriate action to take is to destroy the baby lounger so that no one else ever uses it.
If your child or loved one was injured as a result of using a Mormaid Infant Lounger, contact McEdlrew Purtell to discuss your legal options. Initial consultations are always free.
Exhausted parents and caregivers are constantly on the lookout for any device or product that can help them to care for their newborns. While some popular infant loungers include warnings against allowing newborns to rest on the products without supervision, unfortunately, not all parents are aware of these warnings or the reasons behind them.
Tragically, the dangers of unsupervised use of infant lounger products have led to numerous newborn deaths. For example, over eight reports of infant deaths have been linked to The Boppy Company of Golden, Colorado, leading to over 3.3 million units recalled by the business.
The eight deaths were reportedly caused by suffocation after infants were placed without supervision on their backs, sides, or stomachs on the loungers. Later, the infants were found on their sides or stomachs, suffocated.
This isn’t the first time improperly designed infant pillows have led to fatalities. Retail giants ended all sales of reclined infant sleepers after a Consumer Product and Safety Commission (CPSC) study linked over 73 infant deaths to the use of infant sleeper recliners. Yet some parents are ignorant of the suffocation hazard these loungers pose, purchasing them online through platforms like Facebook and continuing to use them.
Although there has been a Boppy lounger recall, you may still be entitled to compensation if your child was injured or suffocated because of an infant lounger. If you have questions about your legal rights, turn to McEldrew Purtell for a free consultation to explore your next steps.
Which Products Were Affected by the Recall?
On September 23, 2021, Boppy and the CPSC announced a recall of all of the company’s infant loungers. Three types of Boppy infant pillows are affected by the recall. These pillows were sold across multiple outlets online and within stores, including Walmart, Pottery Barn, Target, and Amazon.
Products affected by the Boppy newborn lounger recall include:
Boppy Original Newborn Loungers
Boppy Preferred Newborn Loungers
Pottery Barn Kids Boppy Newborn Loungers
If you or a family member suffered the death of an infant after using any of these products, don’t hesitate to contact our attorneys today at 866-690-2848.
The Boppy recall extends to all Boppy Newborn Loungers sold between January 2004 and September 2021. The loungers measured approximately 22 inches wide by 23 inches long by 7 inches high. They were sold for $30 to $44.
Comprehending the effect of a wide-scale baby lounger recall can be difficult. You might have trouble accepting the reality that a product you purchased for your child’s comfort posed a significant hazard to your newborn. McEldrew Purtell will work with you to ascertain whether your lounger product was affected by the recall, and if so, what options might be available to you to obtain justice.
What Is Causing Boppy Infant Loungers to Suffocate Infants?
Suffocation from baby loungers is not always obvious, even after an infant has passed away. When a newborn is believed to have passed away while sleeping, medical professionals and investigators may not suspect that a defective product like a lounger was the culprit. Instead, the newborn’s passing may be mistakenly attributed to sudden infant death syndrome (SIDS).
It may take a more intensive examination of all of the facts and circumstances to discover the true cause of an infant’s death.
Boppy loungers and other infant loungers present a risk of death to babies in one of two ways: suffocation and positional asphyxia.
Babies placed in a Boppy lounger or another infant lounger can suffocate when they roll onto their sides or stomachs, causing their mouths and noses to become covered by the lounger’s fabric material. This prevents the infant from breathing, often leading to suffocation and death.
In some cases, infants have rolled out of their loungers and onto another plush surface, such as a comforter or adult-sized pillow. These items and the materials from which they are made can also lead to suffocation.
Positional asphyxia refers to a situation in which the position of a baby’s head or body interferes with their ability to breathe normally. As infants have not yet developed enough strength to turn themselves over or lift their heads, it is unfortunately all too common for defective products to put a newborn into a position that obstructs their breathing.
The positional asphyxia Boppy lounger problem is especially troubling because children can kick or move themselves into a dangerous position with little warning. For instance, a child may be awake when they are initially placed onto a baby lounger by their parents. Soon after, the child may begin to nod off and slump forward. This dropping of the head and compression of the chest can make it difficult for the child to breathe, leading to asphyxia.
How Do I Know Whether I Have a Boppy Brand Infant Lounger?
Are Boppy pillows safe? Mounting evidence seems to suggest that infant loungers are not safe for newborns. Boppy claims that it had placed warning labels on its infant loungers that instruct parents not to use the lounger as a sleeping place and to always supervise children while the pillow is in use. However, parents may fail to see the warning. Even with supervision, suffocation can happen in a matter of minutes.
Due to the number of Boppy lounger deaths, The Boppy Company, in conjunction with the CPSC, issued a recall on newborn loungers made by the company. Still, it’s not often that parents know the brand of every pillow they buy for their children. With this in mind, make sure to check the UPC/barcode of the tag on your pillow or lounger in order to determine whether you are using a recalled product.
Where Were Boppy Infant Loungers Sold?
The Boppy recall affected over three million products that were sold nationwide, not only at boutique newborn stores but also across major chains such as Target, Pottery Barn, Walmart, and online at Amazon.com. These products were available for sale between January 2004 and September 2021.
At the time of the infant lounger recall, the company ordered the Boppy lounger to be discontinued. This directive means that The Boppy Company is no longer manufacturing or delivering new loungers to any retailer for sale. This does not mean that these products cannot be purchased, though.
A recent NBC news report detailed the ways that some of these recalled items continue to be sold secondhand on platforms like Facebook Marketplace. Smaller businesses that accept and resell donated items may also inadvertently sell a recalled Boppy baby lounger. Thus, despite the recall, these dangerous products can still be found in use and for sale.
Have Other Infant Loungers Been Subject to a Recall?
Boppy is not the only company that has manufactured or distributed infant loungers. Nor is the infant lounger the only product Boppy makes. Numerous other companies manufacture infant loungers that are similar in design and shape to the infant lounger created by Boppy.
However, whereas Boppy has cooperated with the CPSC’s efforts to recall its infant loungers, not all of these other manufacturers have taken a similar approach. At least one other company, Leachco, was asked by the CPSC to recall its infant lounger, the Podster, after it was linked to three infant deaths, according to the CPSC.
The three deaths included an infant who was left in the Podster unsupervised in a crib and another who was resting in a Podster positioned between the child’s parents. The third child was allegedly left in their Podster unattended. Following these incidents, the CPSC reached out to Leacho and asked that the company recall its Podster lounger for the risks it presented.
Rather than cooperating with a recall, Leacho pushed back and insisted that its Podster lounger was safe when used correctly. The company claimed that it provides parents with adequate warnings about the dangers of allowing infants to use the Podster to sleep or leaving infants unattended in the Podster.
The CPSC has filed suit against Leachco, and Leachco has filed a countersuit against the CPSC.
Loungers from Leachco and other companies can still be purchased online and from major retailers.
In addition to its infant lounger, Boppy also manufactures and sells a nursing pillow. This product is horseshoe-shaped but can contribute to some of the same dangers that are present in the Boppy Infant Lounger.
Like infant loungers, parents are warned not to allow their infants to use the pillows unattended or for sleeping. Currently, the Boppy infant lounger recall does not affect these nursing pillows, which can still be purchased.
If You Have a Boppy Infant Lounger, What Should You Do?
If you have a Boppy pillow that is subject to the recall on newborn loungers, you should stop using the product immediately. If your child has not been hurt, you may be eligible to receive a refund. The Boppy lounger refund amount you can receive may depend on the amount you paid for the lounger, as evidenced by a receipt.
To access the Boppy newborn lounger recall refund, you will need to:
Provide Boppy with the UPC or item number and date code found on the tag on your lounger
Submit a copy of your receipt, if one is available
Take a photograph showing that you have destroyed the lounger by cutting it in half and thereby rendering it unusable
You can discard the lounger once you have submitted the requested information. You may still be entitled to a partial, prorated refund even if you do not have all of the items requested. For example, you may still be able to recoup some amount of money as a refund, even if you do not have the receipt for your lounger.
If your newborn was injured or killed because of a Boppy infant lounger, a refund of the purchase price of the lounger is hardly adequate compensation. This amount would not address the emotional turmoil and other costs you likely experienced during your ordeal. Instead, you should speak with an experienced attorney at McEldrew Purtell about filing a lawsuit against Boppy for its defective product.
Manufacturers like Boppy owe a legal duty to consumers. This duty requires these manufacturers to produce and sell products that are reasonably safe so as not to unnecessarily injure or kill consumers. Warning labels do not suffice to entirely relieve a manufacturer of this obligation.
To prevail in a lawsuit, evidence would need to show that:
You purchased a defective Boppy infant lounger, either from a retailer, online, or secondhand
You used the lounger for your newborn child
Your infant suffered an injury or was killed because of the lounger
You sustained an economic or emotional loss as a result of what happened to your child
If your suit is successful, you could recover monetary damages to address any medical bills or ongoing medical care your child will need. You may also receive financial compensation for any emotional distress you experienced. Lastly, a court may find that Boppy’s design and marketing of a defective product were done recklessly or intentionally and order punitive damages as a result.
Potential claims about Boppy loungers are currently being investigated with an eye toward bringing legal action against The Boppy Company. At present, there is no class action or mass tort suit against the manufacturer.
Boppy’s liability will depend on whether its loungers are found to be unreasonably dangerous, especially if they could have been designed in a safer way at a reasonable cost.
If the defenses raised by companies like Leachco are any indication of what might happen with Boppy lawsuits, the manufacturer may try to escape liability by claiming that their product is safe for the purpose for which it is designed.
Boppy may argue that its lounger was never designed for sleeping or unattended use. If used in accordance with its instructions and warnings, they might argue that the lounger is perfectly safe.
It is too early to tell what arguments Boppy may raise. But having an attorney working on your case means that you can mount an effective response to these or other defenses. McEldrew Purtell is prepared to address efforts by Boppy to evade responsibility for its dangerous lounger product.
How Long Do You Have to File a Lawsuit Against Boppy?
If you are interested in pursuing legal action against Boppy, it is crucial you speak with McEldrew Purtell as soon as possible. The law imposes a deadline by which you must bring a defective product lawsuit against Boppy, and once this deadline passes, you might not be able to receive compensation for the harm caused by the product.
In Pennsylvania, this deadline, known as the statute of limitations, is only two years from the date of the injury. This generally means that if it has been more than two years since your child was injured or died as a result of using a Boppy lounger, you may have difficulty obtaining the compensation you deserve.
Do not assume that you are unable to file a suit just because it has been more than two years since your child’s incident. There are exceptions to the statute of limitations that may apply, and you owe it to yourself and your family to allow your situation to be examined by McEldrew Purtell’s team of experienced lawyers.
Contact McEldrew Purtell if You Suspect Your Child Was Affected by a Defective Infant Pillow
Our team consistently wins cases for victims who have been injured or are responsible for loved ones that have been harmed by dangerous products. We do not charge any fees unless you win your case. Speaking to our award-winning attorneys to learn about your legal situation will never cost you a dime. McEldrew Purtell has won multi-million dollar settlements on behalf of birth and newborn injury victims. Let us bring that same expertise to your case and help you win the compensation your family deserves.
If you or a loved one have had a child injured or killed from suffocation or positional asphyxia caused by a Boppy infant lounger, don’t hesitate to contact us immediately. We are available 24/7 to hear about your case.
Wrongful arrests and convictions can happen anywhere. Recently, news broke about hundreds of convictions in New York City that may have been obtained through corrupt practices by the NYPD.
The Manhattan district attorney’s office reviewed over 1,100 cases that involved 22 NYPD officers who were convicted of official corruption. Of those cases, 316 were vacated due to evidence that the corrupt officers violated the constitutional or civil rights of those arrested and convicted.
Brooklyn’s district attorney vacated another 378 criminal convictions for the same practices committed by different NYPD officers.
What Happened in New York?
The situation that unfolded in New York was very unusual. Between 1996 and 2017, 35 NYPD officers, 22 in Manhattan and 13 in Brooklyn, made thousands of arrests. These officers were later found to have engaged in illegal and corrupt practices.
The police officers were convicted of official corruption in view of allegations they violated New York laws while investigating, arresting, and testifying against suspects. Some violations they committed included:
Planting evidence
Accepting bribes
Coercing suspects into performing sex acts
Lying under oath and giving false testimony
Conducting illegal searches
Paying off informants
Most of these officers were sentenced to at least some jail time. A few received probation. All of them were fired from the NYPD.
Why Were Some Convictions Vacated?
Federal and New York state laws prohibit government officials from violating the civil rights of any person, including those accused of crimes. Civil rights include the rights provided by the U.S. and New York constitutions.
These laws provide substantive protections for criminal suspects and defendants, such as:
Prohibitions against unreasonable searches and seizures
Protections against illegal arrests
Preservation of due process in criminal proceedings
When officials violate these protections, the suspect’s arrest and conviction are tainted. The prosecutor’s office can vacate the conviction even if the suspect committed the crime. The theory is that the state, with all of its power and resources, must always follow the rules when investigating, arresting, and convicting the accused.
The prosecutor’s office can take this action on its own. A wrongful conviction attorney can also request a review from the prosecutor’s office. In theory, prosecutors have an ethical duty to investigate reasonable allegations made by lawyers for wrongfully accused people who may have been convicted outside the bounds of the law.
Prosecutors require solid evidence of a wrongful conviction before taking action. They are often reluctant to revisit old cases because they feel criminal defendants will perpetually relitigate their cases, looking for a way out.
The Manhattan district attorney’s office has a Post-Conviction Justice Unit specifically tasked with reviewing questionable cases. After sending the 22 corrupt NYPD officers to jail, the unit reviewed 1,100 of their cases without prompting from wrongful incarceration attorneys.
This unit has had its hands full reviewing convictions secured by dirty cops. Just eight months earlier, the same unit vacated 188 convictions in cases tainted by eight corrupt NYPD officers. This means the Manhattan DA’s office vacated over 500 convictions in less than a year due to police corruption.
Alternatives to Prosecutorial Review
After the Manhattan DA reviewed 1,100 convictions, it vacated 316 of them. But more than 780 convictions were allowed to stand. You might wonder if lawyers for wrongful convictions have any recourse after prosecutors decide not to vacate an improperly conducted case. Fortunately, a wrongfully accused client and their attorney have two additional options to pursue justice.
Habeas Corpus Petition
The U.S. Constitution gives prisoners the right to file habeas corpus petitions. The literal translation of “habeas corpus” is “have the body.” It refers to a judge’s power to bring an incarcerated person before them to determine whether they have been wrongfully detained.
People who were convicted and incarcerated due to the actions of the corrupt NYPD officers could file a habeas corpus petition. This petition would lay out the reasons the court should intervene.
Habeas corpus petitions were specifically designed to raise legal and technical issues regarding the prisoner’s incarceration rather than issues of guilt or innocence. As a result, these petitions provide the perfect vehicle for a wrongful conviction lawyer to raise corruption issues.
The drawbacks to a habeas corpus petition include:
You must be in custody or on supervised release when you file the petition
You must have exhausted all your appeals
The petition must raise new issues not already appealed
Most of the cases vacated by the Manhattan DA’s office were misdemeanors that only resulted in fines. Only 57 of the 316 cases resulted in the incarceration of the wrongfully convicted person. This means many of the cases allowed to stand involved serious charges that brought jail or prison sentences.
Since the cases date between 1996 to 2017, many are old enough that the wrongfully incarcerated individual has exhausted their appeals. And because some of the allegations against the NYPD officers came to light only within the past few years, a petition can probably include new issues not previously litigated by the person’s wrongfully accused lawyer.
Clemency Application
New York’s governor has the authority to grant clemency to convicted individuals. The governor’s office considers pardons to be extraordinary remedies that are issued only in special circumstances. But in the case of NYPD corruption, the governor’s office might consider a pardon application.
A pardon means you have all legal disabilities connected with your conviction removed. The pardon does not remove your conviction from your criminal history. It will still show up on a background check. But your record will show that you received a pardon.
The governor’s office will consider a pardon only when the convicted person has satisfied all the terms of their sentence, including:
Paying all fines
Serving all required jail or prison time
Completing all community service, probation, and parole
The petitioner must also address how much time has passed since the conviction, with more time working in the petitioner’s favor. The petition must explain the need for the pardon. And petitioners are more likely to receive a pardon if they show they have not had any legal trouble since the wrongful conviction.
Pardons are not necessarily a perfect fit for wrongful convictions. But if your case was not vacated by the DA’s office and you are no longer in custody, a pardon might provide some relief from your conviction. Specifically, a pardon can reverse the impact of a conviction on:
Lease applications
Job or professional licensing requirements
Gun ownership rights
Although individuals can prepare a pardon petition without legal representation, you should consider speaking to a lawyer before filing to make sure you have chosen the right option for your case.
Lessons to Draw from the NYPD Cases
The NYPD cases provide mixed lessons. On the one hand, it is shocking that over 800 people in two boroughs were wrongfully convicted due to police corruption. Despite their protests of innocence, prosecutors, judges, and jurors were deceived by planted evidence, false testimony, and illegal searches.
On the other hand, the Manhattan and Brooklyn district attorneys took fair and just action by vacating wrongful convictions tainted by the actions of corrupt officers. For those who did not have their convictions vacated, there is still hope that prosecutors will take action as additional information comes to light.
Finally, these cases show that people with wrongful convictions should remain hopeful that they can overcome their convictions. Prosecutors, judges, and governors have the authority to restore justice in unjust cases.
Contact our Wrongful Conviction Attorneys Today
If you believe you or someone you know was wrongfully convicted as part of this event or others, you should speak to a wrongful conviction attorney about your legal rights.
Contact our office for a free consultation to discuss your legal options – our expert team is here to help you get the justice you deserve.
Between May 10th and May 18th of 2023, approximately 400 people received letters that told them they had been diagnosed with cancer. As you might expect, this was a terrifying moment for the recipient of these letters and sent many into a panic. And the worst part of this situation is that it never should have happened.
These letters were sent by the telemedicine vendor PWN Health on behalf of the biotech company Grail. Each of the people who received these letters had taken the Galleri cancer detection test produced by Grail. And all of them were cancer free.
But due to a software configuration error at PWN, the recipients of these letters received a false positive diagnosis.
Who Is Responsible for This Cancer Misdiagnosis?
PWN Health has taken full responsibility for the error. The company claims that the software was misconfigured when those letters were sent out and that the error has since been resolved. Also, the company claims it informed the customers who received a false diagnosis about the error.
Despite this, several life insurance companies have paused their business relationships with Grail.
Why Did Life Insurance Companies Have a Business Relationship with Grail?
Typically, life insurance companies charge more for insurance if someone is more likely to die relatively soon. If, for example, your parents both died of cancer in their early 60s, your insurance is going to be more expensive than if they both lived to almost 100.
However, if the insurance company has evidence that the risk of you dying is lower, they will decrease your insurance premiums. This is beneficial to you because it saves you money and to the insurance company because those savings make you more likely to purchase their insurance.
The Grail cancer detection test is a sound product that can identify up to 50 different types of cancer. And the roughly $1,000 cost is relatively cheap compared to the cost of decades of insurance.
Before this recent problem, these facts made it beneficial for life insurance companies to recommend the test to customers and use the results to provide discounts when the results were good.
What Are the Possible Consequences of a Cancer Misdiagnosis?
Luckily, PWN Health identified the problem and acted quickly, minimizing the consequences of this grievous error. But even quick action may not have prevented all the negative effects of a cancer diagnosis.
Unfortunately, misdiagnosing cancer costs billions of dollars in unnecessary medical bills every year. And the cost to an individual can be devastating, especially if it results in unnecessary treatment. Cancer treatments are often expensive, painful, and potentially lethal in some circumstances.
Even in the best circumstances, like this one, someone who receives a false diagnosis may suffer significant mental and emotional distress. That type of distress can interfere with daily activities like going to work or doing chores. Even if the mistake is corrected in a little over a week, it could cost someone hundreds or thousands of dollars to recover.
And in the worst circumstances, a cancer misdiagnosis can result in death. Chemotherapy is a dangerous form of treatment that injects poisons into the body of a patient. It can be necessary when someone has cancer. But that same poison can kill a healthy person with no benefit.
Most of the time, though, misdiagnosis is extremely costly. Cancer treatments are often very expensive. Even cheap treatment will probably cost tens of thousands of dollars. And the most expensive treatment could cost millions.
Can You Sue for Misdiagnosis of Cancer?
If you have spent tens of thousands of dollars or more on unnecessary cancer treatment, you most likely want your money back. The main way to get compensation for the money you shouldn’t have spent is by filing a cancer misdiagnosis lawsuit.
When you have been incorrectly diagnosed with cancer, that is a form of medical malpractice. As soon as you determine that you were incorrectly diagnosed, you should consult with a medical malpractice attorney. A medical malpractice lawyer can determine what damage you suffered from the false diagnosis.
If you have a claim for significant damages, your cancer misdiagnosis attorney can either negotiate a settlement or file a lawsuit on your behalf. Either option can get you compensation for:
Costs for unnecessary treatment
Mental and emotional suffering from the false diagnosis
Lost wages resulting from the false diagnosis
Costs from end-of-life or legal decisions you might have made after the diagnosis
The increased cost of life and health insurance due to an incorrect diagnosis
Additionally, if a loved one has died due to a misdiagnosis, you can file a wrongful death lawsuit to get compensation for your loss. Consult with a cancer misdiagnosis lawyer from McEldrew Purtell to learn more about your legal options.
Protect Yourself from Cancer Misdiagnosis
If you get a diagnosis of cancer, before you do anything you might regret, consult with your doctor and consider getting a second opinion. While a medical malpractice attorney can help you recover money if a misdiagnosis harms you or your family, it is always best to avoid spending that money in the first place.
False positives cost billions in unnecessary treatment every year. Avoid being part of that statistic by speaking to the right doctors and lawyers after getting a positive diagnosis.
If you or someone you know was misdiagnosed as a result of this event or a different situation, contact us to discuss your legal options. Initial consultations are always free.
Vallejo, CA, has one of the deadliest police departments in the nation. VICE News investigates how a culture of impunity has fueled the rate of deadly shootings and one family’s fight for change.
The number of Fisher-Price Rock n’ Play Sleeper Defective Product lawsuits are on the rise, and if your family lost a child after using this defective product, contact us at McEldrew Purtell without delay. Our legal team has the experience and resources necessary to successfully fight this corporate subsidiary on behalf of grieving parents. A lawsuit cannot turn back time but it can send a message that a company cannot knowingly sell a product that is harmful to its users. Gross negligence is not acceptable, and taking legal action in the form of lawsuits against the Fisher-Price Rock n’ Play Sleeper defective product is a way to get justice. A substantial settlement from the manufacturer can also ease the financial burden that families may suffer in the wake of losing a loved one. Contact our office today to learn more about how we might be able to assist your family during this difficult time. How do I file defective product lawsuits against Fisher-Price after their Rock n’ Play Sleeper harmed my child? At least 32 infant deaths are linked to the use of Fisher-Price’s Rock n’ Play Sleeper. The primary issue is that the product allows a child who is capable of rolling over while sleeping to asphyxiate. Product liability laws are intended to protect consumers from dangerous products. When a consumer uses a product in the manner as specified by the manufacturer, and if that product causes harm as a result, the manufacturer may be held liable for the consumer’s damages. McEldrew Purtell represents injured victims and surviving family members who lost a loved one in a fatal accident. Call us to schedule a free and confidential case review to learn if you are eligible to file one or more Fisher-Price Rock n’ Play Sleeper defective product lawsuits against the culpable parties. What is involved in filing lawsuits against Fisher-Price for their Rock n’ Play Sleeper defective product? When McEldrew Purtell takes a case representing parents who lost their child due to a defective product, our lawyers will determine who should be held liable. There may be more than one culpable party. After we identify who should be held accountable for our client’s loss, we may do the following:
Build a damage claim that includes proof of liability and a detailed accounting of the resulting damages, with an assessed value for each type of damage.
Submit the claim to the responsible party or parties.
If the settlement offer from the responsible party is too low, our attorneys will enter into negotiations with the company to arrive at a fair amount. If the company refuses to negotiate in good faith, McEldrew Purtell may initiate a lawsuit against them.
If the client’s case advances to the courtroom, we will argue the case in front of a jury.
If you are considering filing one or more lawsuits against Fisher-Price for their Rock n’ Play Sleeper defective product, contact us at McEldrew Purtell to learn how we can help you.
