PA Law Blogs » Pittsburgh, PA

Pittsburgh Area Day Care Centers Re-Open after Near-Drowning Incident

Michael Monheit — Tue, 09 Aug 2011 23:55:11 +0000

Due to a near drowning incident in July, the Pennsylvania Department of Public Welfare suspended the licenses of three child care facilities (operated by the same owner) just outside Pittsburgh. Two of those three (the Happy Face Learning Centers in Washington and Peters Township) were allowed by the state to re-open this week; the third (Just Us Kids in McMurray) remains currently closed, while the owner petitions for approval to return to business.

The swimming accident in PA that resulted in the closures occurred during a sleepover camping trip, when adult supervisors lost sight of a 7-year-old boy until a 9-year-old girl rescued him from the bottom of a pool. After concluding camp workers allowed 18 kids to swim without certified lifeguard supervision, the state took away the company’s licenses and shut down the three locations linked with the event.

Earlier in the summer, the U.S. Consumer Product Safety Commission (CPSC) released its 2011 summer snapshot of near-drownings and drownings across the nation. From Memorial Day to the end of June, the CPSC reported 48 drownings and 75 near-drowning incidents in 35 states and territories. In Pennsylvania during that period there was a total of 11 incidents; 3 drownings, 8 near drownings. In response to those high numbers, the commission and its partners are encouraging extra caution at pools and swimming facilities throughout summer.

Owners and operators of pools and aquatic centers, or companies that offer water based activities, must supply a safe environment for participants. Anyone involved in a near-drowning accident and family members of drowning accident victims may be able to hold property owners or those in charge of monitoring a pool liable.

Facebook Site Points Out DUI Checkpoints in Lehigh Valley

Michael Monheit — Wed, 20 Jul 2011 13:11:48 +0000

A Philadelphia resident pointed out to The Morning Call newspaper that there is now a Facebook page that tells people about DUI checkpoints in the city and how to avoid them. This page apparently has a large following — about 5,000 people. The reader points out that this social media page “puts people’s lives at risk by enabling dangerous and irresponsible behavior.” The question she had for a police officer at the Bethlehem Police Department is how they can avoid such information from being freely passed out.

The police officer who answered the question for the newspaper said his department is not really concerned with such Facebook pages or web sites. He says speed traps are also listed in these pages. He says there is little government agencies can do about this particular Facebook page or similar sites. He says what this site is doing is not that much different from someone going through a DUI checkpoint, pulling over and calling friends and relatives to warn them about the checkpoint. If a government official cannot prevent a person from making that call, he or she cannot prevent a web site from publicizing the location of these DUI checkpoints either, the officer explains.

Recently, legislators around the country have also asked Smartphone manufacturers to do away with applications that offer this type of information. There is no question that driving under the influence is a threat and a hazard to those on the roadway. These DUI checkpoints are just one of the many tools available to law enforcement to curb drunk driving. Innocent victims of DUI drivers in Pennsylvania have legal rights. Drunk drivers can not only face criminal charges, but they can also be held financially responsible for the injuries and damages they cause to victims and their families.

Sexual Harassment Lawsuit against Staffing Company Settled

Michael Monheit — Thu, 15 Jul 2010 11:24:53 +0000

Employment laws in Pittsburgh are in place to make sure all workers’ legal rights and best interests are protected. When concerns arise about harassment – sexual or otherwise – it is the employer’s duty and responsibility to ensure that the situation is remedied and that the person committing the harassment is appropriately disciplined. In a recent case, Adecco USA, as part of its settlement, has agreed not to create or tolerate a sexually hostile work environment and to provide training and education programs for all employees.

Adecco, the temporary staffing company, will also pay $12,000 to settle the sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) for a group of female employees working at Pittsburgh Plastics Manufacturing. According to a recent news report, Adecco did not take any measures against a supervisor at the company, even after the workers complained about the harassment.

Perpetrators of Pennsylvania sexual harassment, whether in the work place or elsewhere, tend to get away with their actions. This occurs mainly due to the victims’ fear of being retaliated against. Such victims in Pennsylvania should realize they are never without help during this stressful period. It is only fitting that the guilty parties be penalized for their criminal actions.

Excessive Overdraft Fee Complaints against Pittsburgh-Based PNC Bank

Michael Monheit — Wed, 23 Jun 2010 11:05:00 +0000

The convenience of electronic banking has proven to be problematic for those who have been subjected to unfair and morally unacceptable calculation and collection of excessive overdraft fees. Pittsburg-based PNC Bank has significantly profited from a system designed to maximize overdraft fee revenue instead of providing customers with a debit transaction refusal or a warning of a fee before they go forward with a purchase. As a consequence, several PNC Bank customers, as well as customers of other major banks, have joined in civil action with other afflicted individuals to obtain restitution, monetary damages, and declaratory relief.

PNC’s automatic overdraft fee operates so that even a small transaction of only a few dollars will lead to a substantial charge. The first three occurrences of a debit transaction when there are insufficient funds results in an overdraft fee of $31. The fourth, fifth, and sixth occurrences lead to a $34 charge, and each additional occurrence results in a $36 fee.

The Consumer Federation of America reports that five of the ten largest banks increased their overdraft fees within the last year without creating a more consumer-friendly way of notifying individuals of their balance. The amount of profit from overdraft fees that banks like PNC have acquired increased from $17 billion in 2007 to between $27 billion and $38.5 billion for 2009.

As consumers throughout the United States affected by these overdraft fees consider filing formal complaints against PNC and other banks, there are several legal matters to take into consideration. Reverse sequencing fee lawyers will continue to investigate potential class action lawsuits against major banks like PNC, Citi, Bank of America, Suntrust, Wachovia, and Sovereign pertaining to insufficient funds/overdraft fees.

Pittsburgh Materials Technology Inc. Becomes Part of Thermacore

Deborah Forrister — Tue, 18 May 2010 21:23:49 +0000

When two companies share several common interests within their market, the potential of success in reaching a larger clientele often presents itself in the opportunity of combining both businesses. The sale of a Pittsburgh business should not always be associated with debt or inefficient management. Businesses in Pittsburgh thrive on growth and providing quality products and services to consumers. While not every PA business will agree to being sold to another company, these types of unions take place relatively frequently in Pennsylvania and throughout the United States to keep up with demand and competition.

A Pittsburgh Business Times article recently announced the sale of Pittsburgh Materials Technology, Inc. (PMTI) based in Jefferson Hills, PA, to Thermacore, Inc. in Lancaster. Based on the article, PMTI concentrates on the development of high-temperature metallic alloys, intricate metal joining, and other specialty materials for markets relating to aerospace, military, manufacture of electronic, production of metals, and energy.

In becoming a part of Thermacore, Inc., PMTI will play a role in the company providing high performance thermal management solutions to customers. Senior vice president and PMTI general manager noted in a written statement that the “union will allow us to reach customers on a global scale, and add our industry expertise to an already robust solution set.”

The United States Bureau of Labor Statistics notes that from 1995 to 2007, there were 31 union mergers that took place on a national level. When learning of a company’s union with another large business, concerned individuals often wonder if employment will be affected. While company mergers sometimes involve employee termination, this has reportedly not been the case for PMTI or Thermacore.

FDA to Decide on Approval of Prostate Cancer Vaccine

Deborah Forrister — Thu, 29 Apr 2010 17:41:57 +0000

Vaccine and various other pharmaceutical manufacturers must conduct several tests and invest a substantial amount of money and time before the U.S. Food and Drug Administration (FDA) approves their product for patient and consumer use. A prostate-cancer vaccine, Provenge, has been 20 years in the making. If approved by the FDA, Provenge would represent a milestone in therapeutic cancer vaccine science and development. But are potential dangerous side effects ruled-out?

According to the Nature Publishing Group, the FDA is scheduled to make a decision regarding Provenge’s approval by May 1. Interestingly, some vaccines have received license to be used in other countries; however, no vaccines have been allowed on the U.S. market. Based on the article, a university of Pittsburgh School of Medicine immunologist stated that an FDA-approved vaccine “would legitimize the field” and provide prospective new treatment for male patients with highly developed prostate cancer.

The functionality of Provenge relies on being custom-made for each particular patient by harvesting one of his immune cells and exposing them to a cancer-related protein called prostatic acid phosphatase. When the vaccine is given to the patient, the exposed cells are supposed to initiate an immune assault on tumor cells.

For officials, consumers and vaccine injury lawyers who may be questioning the safety of the vaccine, others hope that Provenge will help lower the amount of prostate cancer deaths, which amounted to over 28,000 men in the United States in 2008, according to the article. One of the main concerns with any new vaccine or drug is making sure that it will not create any potential or new health problems due to an undetected manufacturing or design flaw. Similarly, manufacturers are responsible for conducting a wide scope of clinical trials to ensure that any potential side effects are identified and outweigh the risk of not taking the product.

Passing On Assets and Estate Recovery Claims

Deborah Forrister — Mon, 26 Apr 2010 16:18:19 +0000

Planning the distribution of an estate and keeping a will updated are necessary to ensure that specific wishes are carried out after a person’s passing. There’s no denying that several complexities are involved in this process, but it is essential to take the time to make sure that the division of an estate is organized. When devising a will, one of the most common concerns of a parent is ensuring that his or her child is able to become the owner of a property, such as the family home.

One family’s story relating to passing the family home over to a child is described in a Pittsburgh Post-Gazette article. The story mentions how an elderly individual’s need for nursing care funds from Pennsylvania’s Medical Assistance program can impose estate recovery claims against assets that a person wants to preserve for their child or children. In this specific case, a Pittsburgh elderly woman’s daughter – a single adult – gave up a job in California to take care of the mother. In doing this, the daughter is considered a “caregiver child.” While the mother can name her daughter the recipient of the house in her will, if the woman does so before her death and needs to receive care at a nursing facility, a portion or the entirety of her nursing care may eventually come from the value of assets distributed in her probate estate. If the state were to make an estate recovery claim for payments made by Medical Assistance and the woman’s probate estate ends up being depleted, the house that the woman wanted to leave to her daughter would have to be sold to compensate for the remaining funds.

Several families in Pittsburgh may encounter similar estate predicaments to the one mentioned in the article. In 2005, the federal Deficit Reduction Act was created, allowing a five year “look-back period” when a home is transferred before a benefactor’s death and upon their entrance into a nursing facility and application for Medical Assistance. A “transfer penalty” is created based on the value of the transferred house. However, when a child is recognized as a “caregiver,” basically taking on the full-time responsibility for their parent, federal law makes an exception to imposing a transfer penalty when the house is transferred. This is simply called the “caregiver child” exception.

Similar to this Pittsburgh family’s situation, a child has to have lived with their parent for at least two years right before the parent enters a nursing facility in order for a “caregiver child” exception to be made. In addition, it must be proven that without that care, the parent would have needed to enter a facility years before. Some individuals will seek assistance from an estate attorney or an elder law attorney to make sure that appropriate paperwork is filed accordingly or that a physician’s affidavit is collected which cites how the child’s care for their parent kept them out of a nursing facility.