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Recently in New Jersey State Court, suit was filed alleging that CVS Pharmacy Redness Relief Drops were tainted or contaminated. The plaintiff, Gregg Schweck put the drops in both eyes and immediately felt extreme pain, burning and detected a smell of bleach according to the Complaint which has been filed. If in fact it is determined that these drops were tainted, CVS would be facing claims of liability under the theory of res ipsa loquitur which creates the presumption of negligence as a result of the nature of the injury i.e. the injury could not have occurred but for negligence.
Continue Reading CVS Potentially Liable for Tainted Eye Drops

The United States Department of Transportation through the Federal Motor Carrier Safety Administration regulates the hours of services for drivers. Specifically, the regulations states

(1) Driver may drive 11 hours after 10 hour off duty

(2) Driver may not drive beyond the 14th hour after coming on duty, following 10 hours off duty; and

(3) Driver may not drive after 60/70 hours on-duty in 7/8 consecutive days.
Continue Reading Excess Work Hours Equals Greater Likelihood of Crash

A pre-trip inspection by a driver of tractor trailer is required by Federal Motor Carrier Safety Regulations. A pre-trip inspection should be done to ensure the tractor trail is operating safely and there are no problems with the tractor trailer. Prior to operating the vehicle, a Driver Vehicle Inspection Report should be filled out and signed by the driver. If there are defects, those defects need to be immediately addressed by a mechanic and mechanic is required to sign and verify the Inspection Report.
Continue Reading Pre-Trip Inspection of Tractor Trailers- Required by Federal Motor Carrier Safety Regulations

In a previous post, I wrote about the Barrick v. Holy Spirit decision and its impact upon discovery of communications between attorneys and experts. To summarize, the superior court reached an 8-1 en banc decision holding that communications between a lawyer and an expert witness were not discoverable. After an appeal, the Supreme Court reached a 3-3 split decision on this issue, meaning that the superior court decision was still the law in Pennsylvania.
Continue Reading PA Supreme Court Approves Rule Banning Discovery of Attorney-Expert Communications

If you have infants car seats, please be aware. Graco has recently recalled 1.9 infant car seats because buckles get clogged with food and drinks making it difficult to remove children. Some parents reported having to cut the harness to get their children out. The recall comes after a 5 month dispute between Graco and the National Highway Commission. In that dispute, Graco argued that in an emergency the seat could be removed rather than using the buckle Graco was reluctant to recall the recent the infant seats because earlier this year it recalled 4. 2 toddler seats that also had harness buckle problems. Obviously Graco was unsuccessful as the recall was the largest in U.S. History.
Continue Reading Graco Recall 2014

As an attorney who has been born and raised in a union family, I always have concerns over what is going on with unions. While I represent any and all people who have been injured or killed in car accident, industrial accident, medical malpractice, motorcycle accidents, work accidents or by defective products, I take a special interest when it comes to union families.
Recently I came across a study of unions in America. Union membership has been declining for decades. In the last year however the percentage of American Workers in unions basically remained unchanged. Some of the states that remain union strong however are:…
Continue Reading Union Membership Declining

I am currently covered by Medicare. Can I keep my Medicare coverage even though marketplace plans are available, or do I need to select a plan through the marketplace?

You can keep your Medicare and you do not need to make any changes to your coverage because of Obamacare. You may have heard about the new requirement that all adults need to have health insurance coverage (known as the “individual mandate”) or have to pay a penalty if they go without health insurance, but your Medicare coverage satisfies this requirement. So if you have Medicare, this penalty won’t apply to you.
Continue Reading Frequently Asked Questions About Medicare and the Affordable Care Act (Obamacare)

In 2013, Pennsylvania had the fewest traffic fatalities since record-keeping in the Commonwealth began in 1928. The number of traffic related deaths dropped to 1, 208 from 1,310 in 2012. There were declines in the number of fatalities among those not wearing seat belts, deaths caused by speeding, deaths in single vehicle crashes, and DUI related deaths.
Continue Reading Pennsylvania Has Fewest Traffic Fatalities