June 26, 2009

More investigation into the D.C. Metro Crash

Federal investigators conducted a test on the control system at Metro that was supposed to eliminate any possibility of a crash. According to sources, the control system failed the test. If true, this means that the supposed failsafe system actually could have been the precipitating cause of the accident. According to reports, the test consisted of the investigators positioning trains in the very same position of those that crashed on Monday, June 22, 2009. After doing so, apparently the system did not recognize that there was another train on the track ahead and therefore allowed the striking train to continue on its path. Unfortunately, if the system failed to observe the stopped train, it would have indicated a clear track ahead for the operator of the striking train. The system would then have allowed the striking train to continue on its path at approximately 59 miles per hour. As far back as 1999 Metro understood that some of the relays that are instrumental in the control system were prematurely failing. They were supposedly designed to function properly for 40 years but have been proven to fail within 25 years. Metro apparently demanded the manufacturer replace the failed relays along with other non failing relays and during the replacement process ran the trains in the manual mode. Interestingly, there has been little evidence indicating whether the operator of the striking Metro train ever observed the idle train or had switched the operation of the train to manual mode if she did observe the idle train. It has also been suggested that work crews from Metro had been working on the area of the crash earlier in the month of the crash but it has not yet been determined exactly what had been done. There also has not been any indication about the regularity of the quality of any inspections of the track, the computer system, the relays, the circuits or the individual train cars. Another issue concerning the crash appears to be the age of the trains. It has been reported that the older trains virtually fold up when struck and there is little safety features available to help avoid catastrophic injury during a crash.

Posted By: Ryan J. Foran Posted In: Personal Injury
June 23, 2009

Metro Train Crash

Investigators appear to be focusing on operator error and perhaps the failure of the signal system as the causes for the Red Line Metro commuter train crash on Monday, June 22, 2009 during the evening rush hour. The accident occurred just outside the Fort Totten station in Northeast Washington D.C. There had been similar incidents in the past where disaster was narrowly avoided. A computer system is supposed to prevent trains from colliding into one another by detecting the whereabouts of trains and the speed they are traveling. In approximately 2004 a similar incident involving the failure of the warning system almost led to a collision between Foggy Bottom and Rosslyn. At that time the operators of the trains acted quickly and manually stopped the trains in order to avoid a collision. Another near catastrophic incident occurred in June 2005 when one train was overtaking another train and, fortunately, an alert operator discovered the malfunctioning system and he caused the train to brake before colliding with the train in front. Supposedly, the computer system is failsafe in this regard but obviously that is not always true. The National Transportation Safety Board is investigating the crash but results are not likely for several weeks. During rush hour almost all the commuter trains are running in the automatic mode. This is supposed to prevent trains from coming too close to one another. The driver of the runaway train had only been employed by Metro since 2007 and supposedly was relatively inexperienced. Obviously, various theories of liability will be considered by experienced accident attorneys including but not limited to operator error, failure of the computer system, negligent hiring of the operator, negligent training of the operator, and negligent maintenance of the computer system. The fact that similar incident had occurred in the past only heightens the responsibility of Metro. Even though one of the train operators died in the crash, it is hopeful that tests will be performed to make sure there were no other personal health related issues or other reasons for the accident. Our experienced attorneys have handled many commuter train accident are are familiar with all aspects of accidental crashes. More infomation on Metro accidents. We have the ability to hire experts to assist us with proper presentation of evidence needed to prove liability and damages. Please contact one of our attorneys if you, a friend or relative was injured in the Metro accident.

 

Posted By: Ryan J. Foran Posted In: Personal Injury
June 8, 2009

Chimpanzee Attack

It is highly likely that the owner of the chimpanzee which went on a rampage several weeks ago will be sued as well as the state of Connecticut. It is likely that the state will be named because it should have known about the fact that the animal was a risk to the public. The victim of the attack remains seriously injured and will likely have to undergo significant future surgeries.

Posted By: Ryan J. Foran Posted In: Personal Injury
May 22, 2009

Side effects of Reglan

The heartburn drug known as Reglan allegedly has possible side effects that should be disclosed is strong warnings according to recommendations of the FDA. It is alleged that the drug can cause tics and uncontrollable muscle spasms even after the consumer stops taking the drug. Estimates suggest that more than 2 million people take the drug nationwide.

Posted By: Ryan J. Foran Posted In: Medical Malpractice
May 8, 2009

9/11 lawsuits against airlines

Airlines companies have settled all but three lawsuits arising out of the terrorist 9/11 attacks. The total payout so far is apparently 500 million dollars. This represents payments in 92 of the 95 lawsuits filed by families of the airlines passengers. There are a handful of other claims yet to be resolved.

Posted By: Ryan J. Foran Posted In: Personal Injury
May 5, 2009

Jury award in sexually transmitted disease case

A jury in California awarded a woman who contracted a sexually transmitted disease damages in the amount of 6.75 million dollars. The man who infected her with herpes failed to disclose that he had incurable sexually transmitted disease. Apparently, the woman had been unable to obtain health insurance ever since the incident because of this pre existing condition. The award was for 4 million dollars in compensatory damages and 2.75 in punitive damages.

Posted By: Ryan J. Foran Posted In: Personal Injury
April 23, 2009

Negligence in transporting patients

A recent lawsuit alleges that the owner and operator of a private plane used to transport patients in serious accidents failed to meet minimum federal safety standards. It alleges that the Orthopaedic group that hired the helicopter failed to assure that the standards were properly met for the twin engine plane. The allegations suggest that the company was not certified to carry passengers for hire.

Posted By: Ryan J. Foran Posted In: Personal Injury
April 21, 2009

Medical malpractice and organ harvesting

A recent lawsuit in Pennsylvania alleges that a hospital intentionally euthanized a brain injury patient in order to harvest organs for transplant purposes. The allegations suggest that a breathing tube was removed without authorization.

Posted By: Ryan J. Foran Posted In: Medical Malpractice
April 14, 2009

Suffocation death from oral surgery

Recently, the estate of a dental patient sued his oral surgeon and obtained a verdict of 11 million dollars as a result of the suffocation death resulting from removal of wisdom teeth. This award was apparently the largest in New Jersey state history for dental malpractice. The decedent was 21 years old.

Posted By: Ryan J. Foran Posted In: Medical Malpractice
April 10, 2009

Medical device safety act legislation

The Supreme Court recently provided an opinion that effectively insulated medical device makers from lawsuits. Democratic lawmakers have reintroduced legislation to overturn that decision by the Supreme Court. The proposed legislation is known as the Medical Device Safety Act. Opponents claim the bill will stifle innovation within the industry. Proponents suggest that there should be no immunity for negligence in the design or manufacture of medical devices as holding companies accountable for dangerous products is the main way to assure a higher degree of safety for such products.

Posted By: Ryan J. Foran Posted In: Personal Injury

More Entries