The courts are urged not to confuse sudden emergency with unforeseen medical emergency. Shiner v. Ralston, 64 A.3d 1 (Pa. Super. 2013) resulted in the reversal of summary judgment for a defendant. The court granted summary judgment based upon the fact that defendant died at the wheel. The court said that the medical records were not so clear that summary judgment should have been granted. In Shiner, the court held that it was possible that defendant was aware of his medical condition and therefore should not have been driving or was negligent to drive.
In tort law, the rescue doctrine holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim.
Fosamax Settlement Reached for Jaw Injuries
The federal Judge presiding over the Pradaxa (dabigatran) multi-district litigation (MDL) has fined Defendant Boehringer Ingelheim $1 million over bad faith conduct in the ongoing litigation. There are currently approximately 1700 lawsuits filed against Boehringer Ingelheim concerning the safety of its anti-coagulant drug Pradaxa. The plaintiffs in these lawsuits allege that they suffered severe bleeding side effects and/or hemorrhage as a result of taking Pradaxa. The plaintiffs in these lawsuits allege that the drugmaker failed to adequately warn of these side effects and failed to adequately warn that there was no reversal agent on the market that physicians could use to stop the blood thinning effect of Pradaxa like there is the widely used generic blood thinner, warfarin.
Distracted drivers and pedestrians are the suspected cause of the increasing amount of auto-pedestrian accidents in Pennsylvania. Several incidents were recently reported over the course of just two days, which have caused police to put out reminders for drivers and pedestrians to be more cautious and aware of their surroundings. A pedestrian accident can result in severe injury or death to its victim, and while these accidents had been on the decline in recent decades, the numbers have been increasing in the past few years.
In 2012 there were 4,538 auto-pedestrian accidents statewide; of those, 168 pedestrians were killed -- compared to 2008 where 4,422 pedestrian-related crashes were reported, claiming the lives of 142 of the victims. The accidents that seem to be proving most fatal are the incidents that occur at night. Local authorities and avid walkers believe this rise in accidents has been caused by a combination of issues, including an increase of pedestrians, nighttime walkers in dark-colored clothes, drivers simply being in a hurry and electronic device distractions for both drivers and pedestrians.
The Pennsylvania Superior Court held that insurer Nationwide acted in bad faith in connection with participation of insured in a direct repair program. The program does not constitute a waiver of the insured's right to assert a claim under the policy, nor did it eliminate Nationwide's statutory and contractual obligations to act in good faith throughout the claim process. The program is not part of the insurance policy per se. Nevertheless, Nationwide, in processing the claim through its repair facility or through a third party repair facility or through a direct repair program must at all times act in good faith. Berg v. Nationwide Mutual Insurance Company, Inc., 44 A.3d 1164 (Pa. Super. 2012).
Parties injured in a motor vehicle accident in Pennsylvania must file a summons for personal injury within the two year statute of limitations..
Pennsylvania has a four year statute of limitations on uninsured motorist claims , which begins to run in federal court when the insured settles his claim with or obtains an award from the underinsured driver. State Farm Mut. Auto Ins. Co. v. Rosenthal, 484 F.3d 251 (3rd Cir. 2007)
Under the present law, there is mandatory insurance requiring all motor vehicles to provide first-party benefit coverage of $10,000.00 in medical expenses, $5,000.00 in income loss, and $1,500.00 in funeral benefits.
A third Actos trial is underway in Nevada state court against defendant Takeda Pharmaceuticals. A second week of testimony continues in the ongoing trial where the plaintiff alleges that he developed bladder cancer from taking Takeda's type 2 diabetes drug, Actos. The trial is expected to continue until the middle of the month before jury deliberations begin.