Chester County and the Greater Philadelphia Injury Attorney

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Sexual Assault and Abuse Claims
Inadequate Security and Crime Victim Cases
School Violence
Automobile Accidents
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News

Monahan Law Practice Publishes December 2008 Newsletter
Newsletter published FREE for clients and members of the public providing interesting articles on the latest developments in the law of personal injury and civil claims for crime victims in Pennsylvania.
Tavern Owner Settles with Patron Beaten by Bar's Bouncer
Where a bar bouncer made inappropriate racial comment to patron's girlfriend and then assaulted the boyfriend, the tavern owner accepted responsibility and settled for patron's fractured ankle because owner failed to supervised its employees
Parents of student raped and killed in dorm at Eastern Michigan University Settles for $2.5 million before suit filed
Jane Doe (a fictious name to protect her identity) by her parents on behalf of the estate, settled a case against the Eastern University of Michigan for her death and rape allegedly due to inadequate security.
National Crime Victims Bar Association member Jeffrey R. Anderson, Esquire settles with Archdiocese of Chicago for 16 sexually abused individuals
Settlement for 16 individuals who asserted that as minors they were sexually assaulted by 11 Roman Catholic priests
Find Out How Insurance Companies Use Trickery to Deny Legitimate Claims
Dan Monahan forms Non-Profit to Provide Free Legal Information to Crime Victim Advocates, Victims of Crime and the General Public
In 2008 Dan Monahan, a Board Certified Civil Trial Attorney in Pennsylvania Formed a Non-Profit Organization, the Crime Victims' Information Center of Pennsylvania, in order to provide valuable information for crime victims about their rights to pursue civil actions for monetary damages against various defendants
Dan Monahan attends National Crime Victims' Bar Association National Conference in Chicago
Over two days Dan Monahan attended an intensive workshop for attorneys who represent victims of crime held in Chicago and sponsored by the National Crime Victims' Bar Association
Dan Monahan joins National Bar Association for Crime Victims
Dan Monahan named "Board Certified Civil Trial Advocate" by the National Board of Trial Advocacy
American Association of Justice holds annual meeting in Philadelphia in July 2008
Dan Monahan joined thousands of his colleagues at the American Association of Justice's annual convention held this summer in Philadelphia
Products Liability Isn't Child's Play
Mattel, the maker of Barbie Dolls and Hot Wheels, is recalling nearly One Million Toys Covered with Lead Paint
Dan Monahan awarded Board Certified Civil Trial Advocate by National Board of Trial Advocacy
Medical Group Warns about the Dangers of Trampolines
Commonwealth Finalizes Rules for Vocational Experts in Workers' Compensation Cases
After years of debate over the qualifications and conduct of vocational experts in the worker's compensation arena in Pennsylvania, the Commonwealth has finally promulgated Rules and Regulations for the Qualifications for Vocational Experts as of June 23, 2007.
State and Local Prosecutors Continue to Pursue Fraud
State and local prosecutors have continues to pursue fraudulent workers' compensation claim as well as uninsured employers.
Statistics Show Insurance Company Gouging is Cause of Increased Health Care Costs

Monahan Law Practice Publishes December 2008 Newsletter

The most recent Newsletter of Monahan Law Practice is now available for distribution by CALLING 866-307-3888 or downloading the Newsletter directly from the website.

Tavern Owner Settles with Patron Beaten by Bar's Bouncer

In Nichols v. Navarro the parties reached a settlement for $200,000 for the fractured ankle that a patron sustained after a bouncer at the bar assaulted him after he made inappropriate and racial comments to the patron's girlfriend. Under a theory that the owner was responsible for the actions of its employees and for failing to properly supervise the bouncer, the bar owner agreed to resolve the case rather than face an Illinois jury. The Plaintiff was represented by Regina Etherton of Chicago, Illinois.

Parents of student raped and killed in dorm at Eastern Michigan University Settles for $2.5 million before suit filed

Plaintiffs' Attorneys Bruce W. Gee and Robert J. Longstreet were successful in settling with E. Michigan University's insurance company for $2.5 million before suit was was filed by the parents on behalf of the young woman's estate.

The 22 year student was raped and killed in her dorm room at the university she attended. The parents were first notified that the death seemed to be accidental even though she was found half nude with bruising and a pillow over her face.

Neither the victim's parents nore the campus community was notified that the death was a homicide until 10 weeks after she died. The federal government fined the university $357,000. The parents settled for $2.5 million claiming that the university violated federal law by not immediately notifying the community of the nature of the crime. The girl's parents also claimed that the university failed to have adequate security since there had been an increase in crime on campus during the previous two years which the school had not addressed.

National Crime Victims Bar Association member Jeffrey R. Anderson, Esquire settles with Archdiocese of Chicago for 16 sexually abused individuals

Nationally recognized attorney Jeffrey R. Anderson settled with the Archdiocese of Chicago on behalf of 16 individuals who were sexually abused as minors by 16 Roman Catholic priests. The suit alleged that the archdiocese failed to protect the minors against the alleged abuse despite have actual knowledged of it.

Find Out How Insurance Companies Use Trickery to Deny Legitimate Claims

The American Association of Justice (AAJ) has just released a consumer report "Tricks of the Trade" on how insurance companies deny, delay, confuse and refuse to pay legitimate insurance claims. Copies of this report are free to the public and can be downloaded from this website under the General Category Library.

Dan Monahan forms Non-Profit to Provide Free Legal Information to Crime Victim Advocates, Victims of Crime and the General Public

In an effort to provide a center for the collection of important legal information about the civil remedies available to victims of crime who have physically abused and assaulted, psychologically damaged, or murdered due in part to the negligence of other parties, Dan Monahan has formed the Crime Victims' Information Center of Pennsylvania. The organization's website can be found at www.cvicpa.org.

Already various state wide organizations have joined the organization as service providers and advisors to coordinate a wealth of information for victims of crime seeking additional justice through the civil justice system.

The organization provides free of charge a Crime Victim's Guide for Recovering Damages, the website mentioned above and a monthly newsletter about changing important topics of interest. Anyone interested in receiving copies of this information may do so through the website at www.cvicpa.org.

Dan Monahan attends National Crime Victims' Bar Association National Conference in Chicago

Dan Monahan attended an intensive two day workshop and seminar in Chicago Illinois on October 19 and 20 where speakers from across the country addressed issues important to attorneys who represent victims of crime. Included in the seminar was a book signing cocktail party for author Marci Hamilton, a professor of law at Benjamin Cardozo Law School and New York who has recently completed a book Justice Denied: What America Must Do to Protect Its Children. Ms Hamilton calls for the elimination of all statutes of limitations of victims of childhood sexual abuse.

Topics discussed at the seminar included Clergy Sexual Abuse, Gun Manufacturers and Sellers Liability, Representing the Sex Abuse Victim in cases against Teachers and School Districts, Overcoming the School and University Immunity Defense, Maximizing Damages in a Negligent Security Case, and presenting evidence of tragic violence at trial among other topics.

Dan Monahan joins National Bar Association for Crime Victims

Dan Monahan announced that he had become affiliated with the National Crime Victim Bar Association (NCVBA) in January 2008. The NCVBA provides technical support for attorneys representing crime victims in civil actions, refers crime victims to lawyers in their local area, and works to increase genral awareness about the availability of civil remedies for victims of crime.

Dan will be attending the 2008 National Conference in Chicago, Illinois on October 19 and 20 where the Association will be addressing a variety of topics on Civil Actions for Criminal Acts.

Dan Monahan named "Board Certified Civil Trial Advocate" by the National Board of Trial Advocacy

In July 2007 the National Board of Trial Advocacy certified Dan Monahan as a Board Certified Civil Trial Advocate. The Board (NBTA) was created in 1977 in the public interest to identify lawyers who demonstrate that they are skilled, capable, and ethical trial lawyers. Accredited by the American Bar Association and recognized as the only organization by the Pennsylvania Supreme Court to certify attorneys, the National Board of Trial Advocacy maintains rigorous standards for the certification of civil, criminal, family law and social security disability advocates.

In order to be certified by the organization, lawyers must successfully meet the following criteria:

1. They must submit a list of names of judges and lawyers who are contacted by the NBTA to independently verify the lawyer's skill, experience, and even the lawyer's reputation for ethical and professional conduct.
2. They must establish that they are in good standing with their respective state bar associations.
3. They must pass a daylong written examination on evidence, civil trial practice and ethics.
4. They must submit actual copies of their written legal work for review.
5. They must provide documentation to prove their active involvement in multiple trials before judges and juries.

To learn more about the National Board of Trial Advocacy and board certification, or if you are seeking an attorney outside of Pennsylvania, visit their website at www.nbtanet.org.

American Association of Justice holds annual meeting in Philadelphia in July 2008

In July 2008 the American Association of Justice, formerly known as the American Trial Lawyers' Association, held their annual conference in Philadelphia where thousands of trial lawyers from around the country met for four days to hear from some of the nation's experts on civil jury trial preparation, new trends in pursuing the rights of injured victims, and sharpening skills for the presentation of cases for juries.

As a Section member of both the Inadequate Security and School Violence Litigation Groups, Dan Monahan had the opportunity to meet with and discuss recent developments in this area of the law including the conclusion of the litigation in the Virginia Tech University massacre. Douglas Fieberg, Esquire of Washington, D.C. who represented many of the families of victims of that tragedy spoke at the conference and met with individual section members to discuss the legal hurdles faced by crime victims in cases like the one at Viriginia Tech. Shortly before the conference, it was announced in the Washington Post that a Circuit Court Judge had approved an $11 million settlement for most of the families of victims.

Products Liability Isn't Child's Play

One of the largest Toy makers in the U.S., Mattel recalled more than one million toys covered with lead paint on July 30, 2007, all of which were made in China. The recall covered 83 different products and was the second largest recall of toys this year. Fortunately, nearly two thirds of the toys were prevented from reaching the consumer by stopping the products at the distribution centers and contacting retailers like Walmart, Target and Toys R Us.

However, as many as 300,000 toys may already have been purchased by the consumer. The Consumer Product Safety Commission believes that the toys may have a date code from 109-7LF to 187-7LF. A complete list can be found at cpsc.gov.

Despite numerous safe guards that Mattel says are in place, this is the 17th recall for the company in the past 10 years. Almost half the toys it sells come from factories in China. Because many of these toys feature characters from movies and television, companies like Nickelodeon and Sesame Workshop are considering third party testing of the products. Although lead has not been used in years in the U.S. the Toy Industry's attempts to eliminate lead paint from Chinese manufacturers has not been completely successful.

Parents who believe their children or anyone else has been exposed to lead paint because of any of these toys should contact their physicians immediately.

Dan Monahan awarded Board Certified Civil Trial Advocate by National Board of Trial Advocacy

In July 2007, I was pleased to learn that I had successfully met all the requirements to be recognized as a Board Certified Civil Trial Advocate by the National Board of Trial Advocacy.

The National Board of Trial Advocacy or NBTA was created in 1977 in the public interest to identify lawyers who demonstrated that they are skilled, capable and ethical trial lawyers. Accredited by the American Bar Association, and recognized as the only organization by the Pennsylvania Supreme Court to certify attorneys, the National Board of Trial Advocacy maintains rigorous standards for the certification of civil, criminal, and family law advocates.

In order to be certified by the organization, lawyers must successfully meet the following criteria:

1. They must submit a list of names of judges and lawyers who are contacted by the NBTA to independently verify the lawyer’s skill, experience, and even the lawyer’s reputation for ethical and professional conduct.
2. They must establish that they are in good standing with their state bar association.
3. They must pass a day-long written examination.
4. They must submit actual copies of their written legal work for review.
5. They must provide documentation to prove their active involvement in multiple trials before judges and juries.

Most cases never actually go to trial because they are settled out of court. In fact, that may be your preference rather than risk the uncertainties of a jury verdict. However, what often motivates an opponent to settle out of court is the knowledge that you are represented by an experienced trial attorney. When such a lawyer makes a reasonable request for settlement on your behalf, the opposition may consider it unwise to take the case to trial against an experienced, skilled litigator.

Litigation is often compared to war. As in war, the side with the greatest skill and experience is usually able to avoid conflict because the opposition is not willing to risk the consequences against such an experienced opponent. Therefore, contrary to common misconception, your chance of resolving your case successfully out of court are much better when you are represented by a skilled, experienced trial lawyer who is well-known and respected by the opposition.

I am honored to have been recognized by the National Board of Trial Advocacy as a “Board Certified Civil Advocate”. If you would like to learn more about this, visit the NBTA website at www.nbtanet.org.

Medical Group Warns about the Dangers of Trampolines

A new study has shown that the number of emergency room visits by children injured on trampolines has more than doubled over the past decade. There were just over half a million such visits in the U.S. in 2000-2005 compared to a quarter million in 1990-1995. The American Academy of Pediatrics (AAP) has now urged pediatricians to tell parents not to buy trampolines for home use or let their children use home trampolines. Nevertheless, according the Academy, the message doesn’t seem to be getting through.

The AAP first called for a ban on trampolines in schools in 1977. Four years later, they allowed a trial period of limited use in schools, but stated that “the trampoline should never be used in home or recreational settings.” Researching data available from the National Electronic Injury Surveillance System found a 113% increase during the time period studied above, and during those times, 95% of the injuries had occurred on home trampolines. The “dramatic increase” was likely due to increased availability of home trampolines. People can now purchase them for about $200 and 1.2 million new ones were sold in the US in 2004. Thirteen percent of the 2000-2005 injuries occurred in children younger than 5 and most involved fractures. While older children more likely suffered soft tissue type injuries, the study noted that the injuries were severe enough to bring children into the emergency room.

Accordingly, the AAP says that trampolines can never be truly safe and concludes that “Emergency physicians should join pediatricians in recommending that parents never purchase a home trampoline or allow children to use home trampolines.

Commonwealth Finalizes Rules for Vocational Experts in Workers' Compensation Cases

In an effort to clarify and explain some of the confusing procedures and requirements affecting the use of vocational experts in the field of Pennsylvania Workers' Compensation, the Commonwealth issued new Rules and Regulations to establish once and for all the qualifications of vocational experts under Act 57 and the subsequent revisions under Act 53 and to define and specify the role of the workers' compensation Judges and the conduct of the experts when dealing with the injured worker.

For the injured worker it is important to be aware of the specific requirements and obligations for the vocational expert when they involve themselves in the worker's case.

First, before conducting an earning power assessment interview, the vocational expert shall disclose to the employee, in writing, the role and limits of the vocational expert's relationship with the employee. Employees would be well advised to understanding that these vocational experts hired by the employers and insurance carriers are there to reduce your benefits, not find you alternative employment.

If the vocational expert interviews the employee, they are required to generate a written initial report detailing the expert's involvement in the litigation and conclusions form the interview. The vocational expert shall serve a copy of the initial report on the employee, and the attorney if one is involved, within 30 days of the date of the interview.

A vocational expert who authors additional written reports, including earning power assessments or labor market surveys, shall simultaneously serve copies of these additional written reports upon the employee and attorney if one is involved, when the expert provides a copy to the insurance company or their attorney.

Finally, before referring an employee for an earning power assessment interview, the insurance company is also required to disclose any financial relationship between the insurance company and the person conducting the interview.

Unfortunately, the Statutes and Case law in Pennsylvania do not really provide injured workers' with true vocational services. Workers are on their own to obtain alternative employment within their restrictions and/or re-train or re-educate themselves in new fields. The Workers' Compensation Act provides no assistance, financial or otherwise, to place injured workers back in the job market. Workers should always keep this in mind when dealing with vocational experts, who despite all good intentions perhaps, are there to serve their insurance company clients in reducing your weekly wage loss benefits.

State and Local Prosecutors Continue to Pursue Fraud

Section 305 of the Pennsylvania Workers' Compensation Act, an addition to the Act in the mid-1990's, specifies that an employer's failure to insure its workers' compensation liability is a criminal offense. Likewise, employees who submit fraudulent workers' compensation claims have been also prosecuted across Pennsylvania.

In the most recent report from the Pennsylvania Bureau of Workers' Compensation, the State reported that six different employers were found to be in violation of the Act, subjecting them to criminal convictions and significant fines.

In Allegheny County, the owner of a local emergency service company was sentenced to probation for 2 years and ordered to pay over $125,000 in benefits. In Butler County, a local employer was required to pay $10,000 in fines, perform 120 hours of community service, and was sentenced to 5 years probation. In Columbia County, a Restaurant owner pled guilty and was fined over $14,000, ordered to pay court costs and was sentenced to 12 months probation. In Franklin County, a roofing company owner was sentenced to pay a $22,500 fine, costs of prosecution, and placed in probation for 2 years. A Lycoming County Judge, sentenced another restaurant owner to 50 hours of community service and pay a $4,900 fine. In Cambria County an employer was required to pay $152,357.43 in restitution to the claimant and was entered into a first offenders programs after paying court costs.

The State's Attorney General's Office has also brought criminal charges against two individuals, one from Chester County and the other from Indiana County. In Chester County, a woman pled guilty and was sentenced to 3 to 23 months in jail, seven year probations and ordered to pay restitution of $55,080 and all court costs for collecting the workers' compensation benefits of another worker who had been dead for 6 years.

In another case, an employee who continued to collect compensation at the same time he was working, was sentenced to 2 to 4 years and ordered to pay restitution and court costs.

Of course, the vast majority of employers and employees are honest hard working individuals or companies trying to make a living. Nevertheless, the newer provisions of the Act provide a means to weed out the dishonest companies and individuals to seek to take advantage of all the other persons who have legitimate injuries and/or the companies that rightfully carry their workers' compensation coverage.

Statistics Show Insurance Company Gouging is Cause of Increased Health Care Costs

Medical malpractice insurance companies are gouging doctors, padding their profits and driving up the cost of medicine.

Insurance rates for doctors are sky-high, but insurance company malpractice losses have fallen nearly 50 percent in three years.
For every dollar received in premiums from doctors, the insurance companies are paying out just 39 cents in claims.
Doctors should ask their insurers: “Why do my rates keep going up while your claims payments keep going down?”
There is no so-called “med mal crisis.” This report puts the lie to that claim.
The crisis involves insurance companies gouging their customers and driving up health care costs.

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KEY FACTS:

Projected and actual payouts have declined. The losses of the leading medical malpractice insurers have dropped nearly 50% over the last three years, even as the industry has publicly claimed losses are increasing.
This national decline is mirrored in Pennsylvania. 2006 data from the Pennsylvania Supreme Court show there were 1,693 filings in 2006. This represents a 38 percent decline from the base years 2000-2002. In Philadelphia, the state’s largest judicial district, the decline has been over 50 percent.
While payouts are decreasing, surplus is soaring. The 2006 surplus is 43% greater than in 2003 – greatly exceeding the surplus levels mandated to ensure a carrier’s stability.
Insurers are paying out only 39 cents for each dollar of premium they receive.