2017
BEST OF
Local Living LAW
Swartz Culleton PC Get The Justice You Deserve Signs of Nursing Home NEGLECT, ABUSE Motor Vehicle Accidents Your Home. Your Community. Your Life.
Volume 1, Issue 1 www.
SWARTZCULLETON FIRM LAWYERS PROFILES Todd Felzer
Bryan M. Ferris
Todd focuses his practice on workers compensation and personal injury.Todd was chosen by Philadelphia Magazine as a “Rising Star Super Lawyer� in 2005, 2006 and 2009.
Bryan concentrates his practice in the area of personal injury litigation, including construction accidents, products liability, premises liability, motor vehicle accidents and medical malpractice.
Joe Guzzardo
Matthew Gallagher
Joseph concentrates his practice in the area of civil rights, insurance bad faith and personal injury litigation, including violations of the 4th, 8th and 14th amendment, medical malpractice, construction accidents, products liability, premises liability and motor vehicle accidents.
Matt has focused his practice on personal injury litigation, including motor vehicle, premises liability, and medical malpractice matters.
Larissa K. Staszkiw
Sarah Nayeem
Larissa is a graduate of Temple University, James E. Beasley School of Law, where she graduated cum laude in 2014. She earned a B.A. in English from Lehigh University in 2009.
Sarah graduated from Temple University James E. Beasley School of Law in 2015. She graduated from Villanova University in 2011 with a B.A. in Political Science. Sarah can speak several languages, including Urdu, Hindi, and Spanish.
Maria K. McGinty-Ferris Maria is an experienced trial attorney who concentrates her practice in the area of personal injury litigation including construction accidents, products liability, premises liability and motor vehicle accidents.
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NOTE FROM PUBLISHER
Karen A Kovacs Publisher Patti Fitzpatrick/You & I Designs Art Director Blair Johnson Director of Sales Susanna Koppany Marketing & Sales Manager Melinda Kovacs Accounting Manager Local Living Magazine is published by Blue Water media LLC. For more information about Local Living Magazine please visit our website at www.Locallivingmag.com, email us at info.bluewatermedia@gmail.com or call at 609-788-0443 All Rights Reserved No Part of this publication may be reproduced without the expressed written permission of Blue Water Media LLC. This magazine purpose if for information & entertainment only. It is NOT an attempt to solicit business. Designed in the United States 2016
Please watch the Swartz Culleton Infomercial
We started Swartz Culleton PC in 2008 to help victims of personal injuries in Pennsylvania and New Jersey. As experienced trial attorneys, fighting for proper compensation for our clients is the number one mission of Swartz Culleton PC. Using our “clients come first model,” Swartz Culleton PC has garnered more than $100 million in verdicts and settlements for victims of personal injury. More recent results include a 12.5 million dollar verdict on behalf of an injured factory worker, a 6.5 million dollar settlement on behalf of a recycling-truck worker, a 3.5 million dollar settlement on behalf of an injured construction worker, a 1.5 million dollar settlement in a failure to timely diagnosis cancer case; and a 1.6 million dollar settlement on behalf of a fall-down victim. In addition to handling general negligence, product liability, workers’ compensation, premises liability and motor vehicle accidents, Swartz Culleton PC has become a leader in representing patients and their families suffering from nursing care neglect. This work has become a passion for the members of the firm who find the reward of helping families deal with the consequences of an over populated and understaffed nursing home community. Swartz Culleton has fought to secure many mid to high six figure settlements for its nursing home clients. As the co-founders of Swartz Culleton PC, we are blessed to work with our firm of ten experienced attorneys, who all have the same drive and enthusiasm that we had on the day we first opened the firm, which enables us to help injured clients get the Justice they deserve. Sincerely,
Christopher J. Culleton, Esquire and Brandon A. Swartz, Esquire
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Local Living 3
MEET BRANDON A. SWARTZ
WWW.SWARTZCULLETON.COM
Mr. Swartz is a founding partner of Swartz Culleton, PC. His practice focuses on all types of Personal Injury cases including Wrongful Death, Medical Malpractice, Civil Rights Violations, Motor Vehicle, Premises Liability, Products’ Liability, Trucking accidents and Workers’ Compensation. Prior to founding Swartz Culleton PC, with his partner, Christopher Culleton, Mr. Swartz was associated with David F. Itkoff & Associates, P.C where his legal career has been highlighted by several outstanding results including a $12.5 million jury verdict obtained on behalf of a man injured in an industrial work accident, the third highest verdict in Philadelphia County for the year 2003; a $3 million dollar settlement in the Eastern District of Pennsylvania on behalf of a child who was born prematurely with substantial developmental defects after his mother consumed turkey deli meat infected with Listeria, the settlement was reported on the CBS morning news scrawl and appeared in numerous newspapers throughout the country; a $1.5 million settlement in the Bucks County Court of Common Pleas on behalf a construction worker who fell through a roof, the third highest settlement ever reported in Bucks County, Pennsylvania; and a $1.5 million settlement in the Montgomery County Court of Common Pleas on behalf of a young woman who sustained severe facial injuries as a passenger in car accident in Montgomery County, Pennsylvania. Mr. Swartz has also obtained numerous favorable awards and settlements representing hundreds of injured workers’ compensation claimants in the Bristol, Philadelphia, Malvern, Upper Darby, Scranton, Wilkes-Barre and Stroudsburg Workers’ Compensation Offices.
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Mr. Swartz is a graduate of the Temple University School of Law where he graduated cum laude and placed first place in the 1994 Samuel J. Polsky Moot Court Competition open to all second-year law students. Mr. Swartz is a member of the Pennsylvania Bar Association and is admitted to practice in the Eastern of District of Pennsylvania.
Get the Outcome You Deserve
Meet Christopher J. Culleton
MEET CHRISTOPHER J. CULLETON
Mr. Culleton is a founding partner of Swartz Culleton PC. He represents catastrophically injured persons and their families in complex personal injury litigation and concentrates his practice on motor vehicle accidents, slip and falls, tavern owner liability, medical malpractice and construction accidents. He has obtained numerous jury verdicts on behalf of injured accident victims and has been recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer. Prior to starting the Firm, Mr. Culleton was a partner at a Center City Philadelphia plaintiff ’s personal injury practice and, before that, a member of a multi#practice international law firm concentrating on complex commercial litigation. Mr. Culleton clerked for the Honorable William H. Yohn, Jr., District Court Judge for the Eastern District of Pennsylvania. At one time, he owned and operated a residential construction company. A native of England, Mr. Culleton received a B.Sc. from Exeter University, United Kingdom in 1984. He graduated First in his class from Temple University School of Law in 1996, receiving his J.D., valedictorian, summa cum laude. He was also a senior articles editor of Temple Law Review. Additionally, Mr. Culleton was an Israel Packel Memorial scholar as well as a Barenkopf scholar. Mr. Culleton is admitted to practice in Pennsylvania and New Jersey and in the United States Supreme Court, United States Court of Appeals for the Third Circuit, the United States District Court for the Eastern District of Pennsylvania, and the United States District Court for the District of New Jersey. He is a member of the Philadelphia and Pennsylvania Bar Associations and the Philadelphia Trial Lawyers Association
Why Swartz Culleton Many other of firms talk about what they can do for you. With over 20 years experience our track record speaks for itself. Here are some actual cases we have tried and won. If you are still not sold on Swartz Culleton, PC then check out these testimonials from our satisfied clients. Many other of firms talk about what they can do for you. With over 20 years experience our track record speaks for itself. Here are some actual cases we have tried and won. If you are still not sold on Swartz Culleton, PC then check out these testimonials from our satisfied clients.
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Local Living 5
Signs of Nursing Home
NEGLECT, ABUSE
by Christopher Cullenton
There may come a time when some of us face the painful decision of putting our parents or grandparents in a nursing home because they need full-time professional healthcare. What rights do consumers and families now closed doors where the media and others couldn’t hear the allegations. And worse, when the arbitrator ruled have under this new rule The new ruling, allows nursing home residents and families to take residential facilities to court and pursue justice for wrongful care. This decision is long overdue and a victory for all families and former nursing home residents, who, were unable to sue their nursing homes even when they were negligent. Before this ruling, families and patients were forced into arbitration where they frequently did not have the justice system by their side. In most cases, the public never got to hear about these cases of abuse because the dispute was discussed behind
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against the nursing home and forced a ruling, no one got to hear the result, or even the initial claim.
What steps should family members take in researching nursing homes – before signing a contract? Most important, don’t ever feel rushed to pick a facility because a hospital is pushing a discharge. The hospital is aware you can view facilities and make the appropriate choice for your loved one.
If something doesn’t feel comfortable, believe your instinct.
When deciding to admit a sick loved one into a longterm care facility, never act on impulse, or even take a quick recommendation from the treating health professionals (who may recommend any facility to quickly discharge the patient). Medicaid Advisory Group recommends scheduling a tour of the facility before being admitted. Everyone has a right to pick and visit a facility. Medicaid Advisory Group urges everyone to visit the exact floor and room the potential resident may be admitted. You can also research the nursing home on this government website: https://www.medicare.gov/ nursinghomecompare/search.html . That Medicare website is star rated - one star being the lowest score and five being the highest and most recommended facility. Think of a nursing home admission as picking a babysitter for your child. We as consumers forget our elderly, sick and disabled need all the essentials our children require when making a placement. Google the facility and click news to see if the facility has had any negative press. Check references and ask to speak to any residents or
families at the facility. You should also check online with the State Department of Health to see if the facility was ever sanctioned or fined. Most of all go with your gut feeling. If something doesn’t feel comfortable, believe your instinct.
How can family members detect if their loved ones are at risk of abuse? When visiting their loved ones in long-term care facilities, if you see your loved one suddenly change in behavior and they seem agitated, irritable and being aggressive, that’s an indication something is not right. Many patients who have dementia are the ones who are being abused due to the fact everyone thinks they are forgetful or making things up. If a loved tells you, someone, physically or verbally abused them -- investigate the allegation. Speak with the nursing station, ask questions. Report the concern to the facilities administration, never ignore the resident. 90% of the time there has been some mistreatment, whether they were being yelled at, shoved or ignored that would make that resident tell you about an incident. For More Articles on Nursing Homes please visit https://swartzculleton.com/blog/categories/nursinghome
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Local Living 7
: W A L by Bryan Ferris
T
MAKING THE WORLD SAFER ONE PRODUCT AT A TIME
here was a time when simply doing one’s own laundry could result in severe hand and arm injuries. The user of a top-loaded washing machine would open the lid and attempt to remove his or her clothes while the machine was still running. Nothing prevented the machine from running while the lid was open, the user would reach into the machine to remove the clothes, the user’s arm would get caught in the spin cycle and, unfortunately, gruesome and disfiguring shoulder, elbow, forearm, hand and finger injuries would typically follow, along with a potential lifetime of disability and medical bills. Today, such injuries occur
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far less often due to the widespread implementation of certain safety devices, which typically keep the lid of the washing machine shut and locked during the operation of the machine and/or stop the machine from spinning when the lid is opened. There have also been times throughout this country’s history when accidents in the workplace and other types of accidents involving products such as motor vehicles, baby strollers and consumer appliances were all too common. Thankfully, much of the industrial equipment and machinery that is currently utilized within the workplace now comes equipped with better safeguards; the inven-
tion of anti-lock braking systems, seatbelts and backup cameras have made passenger vehicles safer; advancements in design have removed various pinch points from baby strollers; and more durable, visible and informative warning labels have greatly reduced the number of accidents involving household products. Product liability law is often the driving force behind many of these safety improvements. Over time, the companies who design, manufacture, distribute and sell defective or malfunctioning products have been brought to justice for the grievous injuries caused by their products and held responsible for bearing the costs associated with those injuries. In holding these large, national and even international companies (which usually derive immense profit from the sale of their products) liable for such injuries, the companies often make the business decision to design and manufacture their products more safely to avoid being repeatedly dragged into court. Notwithstanding these improvements, however, defective products continue to cause serious, and sometimes fatal, injuries every day. Product liability lawyers seek to hold the designers, manufacturers, distributors and sellers of products accountable for their defective designs, shoddy manufacturing and inadequate warning labels and instructions – not only to obtain just compensation for the injured consumer or worker, but also to effect long-term change and increase safety worldwide. Of course, this is easier said than done. Product liability law is complex and constantly evolving. The current state of the law in Pennsylvania following the Pennsylvania Supreme Court’s decision in Tincher v. Omega Flex, Inc. requires that an individual who brings such a claim must prove that the product in question is in a “defective condition” to prevail in court. To prove that a product is in a “defective condition,” the individual bringing the claim must show that either the danger is unknowable and unacceptable to the average or ordinary consumer, or that a reasonable person would conclude that the probability and seriousness of harm caused by the product outweigh the burden or cost of taking precautions.
We leave no stone unturned investigating the cause of these accidents. We retain leading engineering, safety and human factors experts to assist in determining each and every potential feasible explanation for a particular accident. In doing so, we thoroughly scrutinize the design of the product, the manufacturing process and the adequacy of the product’s accompanying warning labels and operations manual, as a deficiency in any one of these three areas may give rise to a product liability claim. In prosecuting these claims, we often create safer alternative designs, physically construct better exemplar products and develop more understandable and concise warnings and instructions. Moreover, we have routinely found products to be defective even when the manufacturer and distributor have complied with minimal government and industry standards. Product liability law will never completely eliminate the manufacture and sale of defective products. We will nevertheless continue to strive to ensure that product safety remains a key consideration in the design and manufacture of both industrial and consumer products by holding companies accountable when their defective products cause injury or death. We remain steadfast in our commitment to seek compensation on behalf of individuals injured by defective products, thereby making the world safer – one product at a time.
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Local Living 9
Personal Injury Law Services Medical Malpractice
Medical malpractice covers a number of areas. If you feel you have suffered due to the following you may have a case. • • • • •
Anesthesia errors Birth injury or trauma Emergency room errors Hospital malpractice Surgical error malpractice
• • • •
Medical device errors Medical errors Misdiagnosis or Delayed diagnoses Postoperative negligence
Construction Accidents
Why Should You Hire an Attorney Hazard comes with the job. In most hazardous work establishments, thousands of work-related injuries occur to the detriment of unprotected employees. Faulty materials, substandard equipment, inferior machines, and poorly made gadgets usually trigger work-related accidents. Often, employees are not properly compensated leaving them helpless from the costs and expenses that go along with the required medical treatment.
Products Liability
Products Liability in Philadelphia Product liability occurs when a product causes harm to the end user even when it is being used as intended. Any party that is involved in the manufacture, distribution, and sale of the product can be held responsible for the injury. The responsible party may include one or more persons such as the designer, manufacturer, assembler, wholesaler, or retail store owner. In the event that a product has an inherent defect, which results in harm to the end user, a product liability claim can be filed. The claim can be argued on the grounds of negligence, breach of warranty, or strict liability.
Nursing Home Negligence
Local Nursing Home Abuse Attorney
If your loved one has suffered from bedsores, elder abuse, malnutrition, or is in declining health due to a facilities negligence, you may have a case.
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Long-Term Disability
Insurance companies, like any other business, don’t improve their bottom lines by giving away money. In the field of long-term disability insurance, federal law has supplied insurers with a plethora of tools to disallow or terminate injured workers’ disability benefits and, without experienced legal counsel, an injured employee has little to no chance of overcoming that advantage to reverse benefits claim denial.
Motor Vehicle Accidents
Car accidents occur frequently and countless individuals suffer injuries. Whether you are the passenger, driver, or pedestrian that has been injured, there are steps you can take which begins with contacting a personal injury attorney.
Premises Liability
Premises Liability Attorney in Philadelphia Property owners are legally responsible for maintaining a safe and accident-free environment. If accidents or injuries occur, they are held responsible for any premises liability claims made by the injured party. There are many different types of injuries which may result in a premises liability claim including slip and falls, injuries incurred while walking on a sidewalk, as well as accidents occurring in any location where the property owner may be held liable.
Dram Shop Claims
A dram shop violation may include any of the following acts of selling liquor: • • • •
To an obviously intoxicated customer To a minor or underage person Serving alcohol without a license Serving alcohol after hours.
TESTIMONIALS “Good legal help can be hard to find. Sometimes you just have a question that needs answering. Sometimes you are unsure if you have a case. Our friends at Swartz Culleton are here to help with an all-day phone bank to help with your legal issues.� - CBS News
Working Professional with injury and needing surgery.
Retail Sales Consultant Injury
Cerified Nurse Assistant
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Local Living 11
INJURED?
Brandon A. Swartz Esquire
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Christopher J. Culleton Esquire
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Practicing In: Medical Malpractice
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