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	<title>Layser &#38; Freiwald, P.C. &#124; Personal Injury Lawyer Philadelphia &#187; In The News</title>
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	<description>Personal Injury Lawyer Philadelphia</description>
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		<title>Navy Man&#8217;s Widow Sues Insurance Giant for his Full Death Benefits</title>
		<link>http://www.layserfreiwald.com/in-the-news/2013/05/navy-mans-widow-sues-insurance-giant-for-his-full-death-benefits/</link>
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		<pubDate>Wed, 01 May 2013 16:09:03 +0000</pubDate>
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		<guid isPermaLink="false">http://www.layserfreiwald.com/?p=1082</guid>
		<description><![CDATA[Philadelphia Daily News By Mensah M. Dean WHEN NAVY PETTY Officer Jeffrey Ferren died of a heart condition last year, his widow, Gabriella Kubinyi, believed she would at least be taken care of financially. That&#8217;s because as a member of the U.S. armed forces, Ferren, 31, of Camden, had life insurance through Prudential Insurance Co. [...]]]></description>
				<content:encoded><![CDATA[<p>Philadelphia Daily News<br />
By Mensah M. Dean</p>
<p>WHEN NAVY PETTY Officer Jeffrey Ferren died of a heart condition last year, his widow, Gabriella Kubinyi, believed she would at least be taken care of financially.</p>
<p>That&#8217;s because as a member of the U.S. armed forces, Ferren, 31, of Camden, had life insurance through Prudential Insurance Co.</p>
<p>But Kubinyi&#8217;s grief at losing her husband in April 2012 was only compounded when the Newark, N.J., insurance giant told her that she would not be receiving his full $400,000 death benefit.</p>
<p>The insurer said a clerical error had resulted in the wrong amount being deducted from her husband&#8217;s paychecks, therefore she would not get the full benefit amount, according to attorney Aaron J. Freiwald, who yesterday filed a lawsuit against Prudential in Philadelphia Common Pleas Court.</p>
<p>&#8220;Prudential was on notice and had received all the correct forms to show that Petty Officer Ferren had elected $400,000 in life insurance,&#8221; Freiwald said. &#8220;This company&#8217;s outrageous conduct dishonors this Navy man who dedicated his life to service and has caused terrible financial harm to his widow.&#8221;</p>
<p>Attempts to reach Bob DeFillippo, Prudential&#8217;s chief communications officer, for comment were not successful.</p>
<p>The company has an exclusive contract with the federal government to provide life-insurance benefits to active servicemen and women and to veterans.</p>
<p>Freiwald, of Center City, said his client and her late husband deserve better treatment.</p>
<p>A 2009 evaluation described Ferren as &#8220;an outstanding petty officer with unlimited potential.&#8221; He was cited as having &#8220;superior performance&#8221; in one commendation, while another credited him with saving the Navy more than $100,000 in contractor fees and repair-part costs, the attorney said.</p>
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		<title>Conrail Hit with Another Suit in Paulsboro Derailment</title>
		<link>http://www.layserfreiwald.com/in-the-news/2013/04/conrail-hit-with-another-suit-in-paulsboro-derailment/</link>
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		<pubDate>Sat, 13 Apr 2013 18:34:42 +0000</pubDate>
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		<guid isPermaLink="false">http://www.layserfreiwald.com/?p=1072</guid>
		<description><![CDATA[By Jane M. Von Bergen INQUIRER STAFF WRITER Having grown up on the banks of the Mantua Creek in Paulsboro, Walter Stevenson, 77, is accustomed to the ever-present, faintly acrid smell from a nearby refinery, and the occasional rumbling and squealing of trains as they move across the Conrail bridge just beyond his yard. Which [...]]]></description>
				<content:encoded><![CDATA[<p>By Jane M. Von Bergen<br />
INQUIRER STAFF WRITER</p>
<p><embed width="576" height="324" src="http://media.nbcphiladelphia.com/assets/pdk449/pdk/swf/flvPlayer.swf?pid=czDancTfpGXA" flashvars="v=http%3A%2F%2Fwww.nbcphiladelphia.com%2Fi%2Fembed_new%2F%3Fcid%3D202786921%26path=%2F%2Fnews%2Flocal"allowFullScreen="true" AllowScriptAccess="always" /> </p>
<p>Having grown up on the banks of the Mantua Creek in Paulsboro, Walter Stevenson, 77, is accustomed to the ever-present, faintly acrid smell from a nearby refinery, and the occasional rumbling and squealing of trains as they move across the Conrail bridge just beyond his yard.</p>
<p>Which is why at first he didn&#8217;t pay much attention to the clatter Nov. 30, the morning a tanker train derailed, dumping cars into the creek where he often swam as a boy.</p>
<p>&#8220;You get so used to it,&#8221; he said.</p>
<p>But that morning, when he looked out his window, he saw something different.</p>
<p>&#8220;There was this haze,&#8221; he said.</p>
<p>Again, that wasn&#8217;t unusual, living next to the water. &#8220;But that time, the sun was shining and it was clear, so that was a little odd,&#8221; he said.</p>
<p>Stevenson, who had just gotten out of bed, had woken up to a disaster.</p>
<p>The haze was a cloud of vinyl chloride gas spewed when a tanker containing 23,000 gallons of the liquefied chemical was breached when it derailed.</p>
<p>When he looked out his kitchen window, with its bridge view, there were three rail cars in the creek and a fourth hanging perilously off the bridge.</p>
<p>Other cars had fallen into his son&#8217;s yard, directly adjacent to the bridge.</p>
<p>On Friday, Stevenson; his wife, Irma, 73; and 110 other residents of Paulsboro and surrounding communities filed a lawsuit in Common Pleas Court in Philadelphia, where Conrail has its headquarters.</p>
<p>The suit is yet another in a series filed against Conrail and its parent companies, Norfolk Southern Corp. and CSX Corp., among others.</p>
<p>&#8220;We will respond to the allegations in this lawsuit at an appropriate time and through our legal filings,&#8221; said Michael Hotra, a spokesman for Conrail.</p>
<p>Investigators have determined that the freight train crossed the automated drawbridge against a red light after the crew got the go-ahead from a dispatcher. They said the swing bridge, built in 1873 and the scene of a similar 2009 derailment, was not locked in place.</p>
<p>The National Transportation Safety Board is investigating.</p>
<p>The suit filed Friday said Conrail knew the bridge was defective, yet did not act on it. It seeks unspecified damages and medical monitoring and care.</p>
<p>Among the plaintiffs are Kyle Spears, an East Greenwich Township police officer, and other first responders, who say Conrail officials on the scene didn&#8217;t advise them to wear protective equipment. The suit also lists 18 children as plaintiffs.</p>
<p>Standing in her kitchen Friday, Irma Stevenson, a nurse who described herself as &#8220;Mrs. Paulsboro,&#8221; said what she wanted out of the lawsuit was for Conrail to admit there is a problem &#8220;and to be truthful to the people of Paulsboro.&#8221;</p>
<p>Having grown up in Paulsboro, she said, she has no desire to move, and besides, &#8220;nobody is coming into Paulsboro to buy houses.&#8221;</p>
<p>Another plaintiff, who lives nearby, said her concern was for her children, who were also named as plaintiffs.</p>
<p>&#8220;As a parent, I was really fearing the worst,&#8221; said Cassandra Clark, 44. Her daughter, 12, was en route to school with her grandfather when the fog enveloped them. Her son, Samuel, 7, who was awaiting a ride to his school, was immediately sickened and insisted on returning home.</p>
<p>&#8220;What&#8217;s going to happen years later?&#8221; she said. &#8220;I&#8217;m really concerned that my children are going to be OK, that they are going to have that longevity.&#8221;</p>
<p>The suit asks Conrail to provide long-term monitoring for a host of conditions, including cancer.</p>
<p>One of the lawyers in Friday&#8217;s filing deflected questions about the plaintiffs&#8217; current state of health.</p>
<p>Conrail has offered residents immediate cash settlements if they waive their right to sue and agree to ask Conrail to provide medical monitoring.</p>
<p>Filing Friday&#8217;s suit were attorneys Aaron J. Freiwald and Joseph Marano of Layser &amp; Freiwald P.C., in Philadelphia, and Scott C. McKinley of Hoffman, Dimuzio in Franklinville.</p>
<p>&nbsp;</p>
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		<title>100+ Sue After Toxic Train Derailment</title>
		<link>http://www.layserfreiwald.com/in-the-news/2013/04/1059/</link>
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		<pubDate>Fri, 12 Apr 2013 18:22:07 +0000</pubDate>
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		<description><![CDATA[Danielle Johnson NBC10 Philadelphia A class action lawsuit was filed today relating to the Paulsboro, New Jersey train derailment and chemical spill that forced hundreds of people from their homes and left dozens sick last year. The plaintiffs include more than 100 first responders, young children, and property owners who allege they sustained injuries and [...]]]></description>
				<content:encoded><![CDATA[<p>Danielle Johnson<br />
NBC10 Philadelphia</p>
<p>A class action lawsuit was filed today relating to the Paulsboro, New Jersey train derailment and chemical spill that forced hundreds of people from their homes and left dozens sick last year.</p>
<p>The plaintiffs include more than 100 first responders, young children, and property owners who allege they sustained injuries and damages after the hazardous chemical spill.</p>
<p>On November 30, seven cars of an 84-car train derailed on or near a swivel-style bridge over Mantua Creek. The accident released vinyl chloride, leading to the evacuation of more than 329 families and businesses. Dozens were checked out at a hospital.</p>
<p>&#8220;We believe and are alleging in this case this derailment not only could have been prevented but that there was knowledge beforehand of the risks of trains transporting dangerous chemicals and tankers across this bridge and that knowledge was sufficient that they were obligated to take action to avoid the  kind of harm that happened on November 30 of last year,&#8221; said Aaron Freiwald, lead trial counsel for the plaintiffs, during a press conference today.</p>
<p>Erma and Walt Stevenson have lived in Paulsboro for 26 years. They say they&#8217;ve grown increasingly frustrated with Conrail officials.</p>
<p>&#8220;Conrail has not been very nice to us, said Erma during a press conference in her home today. &#8220;They are not my favorite. They tell you a lot of things and you find out that they’ve lied to you.&#8221;</p>
<p>In the case, Spears et al v. Conrail et al, filed in the Court of Common Pleas of Philadelphia this morning, all of the individual plaintiffs claim they inhaled significant quantities of vinyl chloride. The chemical is linked to short-term breathing problems, but prolonged exposure has been tied to cancer. They are asking for compensatory damages, damages for physical injuries and losses, mental anguish, property loss, and medical monitoring now and in the future.</p>
<p>&#8220;These are factory workers, engineers, police officers, school kids and their moms and dads, grandparents. And none of them should have been put through the physical and emotional hell these companies have put them through, &#8220;said Scott McKinley, co-counsel for the plaintiffs.</p>
<p>Cassandra Clarke, mother of two, said her daughter, 12, and son, 7, got sick as a result of the spill.</p>
<p>&#8220;As a parent it’s your worst nightmare. I am really concerned that my children are going to be alright, that they are going to have longevity and be lively,&#8221; said Clarke.</p>
<p>First responders claim that Conrail representatives advised them throughout the day that they did not need breathing masks or other personal protective equipment, despite high readings of vinyl chloride in the air. The suit states they later underwent extensive medical testing that showed high levels of vinyl chloride in their urine.</p>
<p>Other plaintiffs in the new civil action claim they were walking their young children to school, driving to work or inside their home when they say they were engulfed by fumes.</p>
<p>&#8220;The November 30th derailment was no accident,&#8221; said Freiwald. &#8220;Defendants knew that the bridge was not safe for rail traffic involving highly dangerous chemicals. There was complete disregard for the health and safety of those living in and around Paulsboro and now we are asking these companies to pay for the damage they have done.&#8221;</p>
<p>Last month Conrail offered to settle with hundreds of Paulsboro residents. They offered some families $500 per child and those who live closest to the site were offered more. But lawyers for the families say the amount would not cover future medical bills if the children get sick.</p>
<p>&nbsp;</p>
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		<title>Paulsboro Train Derailment: More than 100 File Suit against Conrail</title>
		<link>http://www.layserfreiwald.com/in-the-news/2013/04/paulsboro-train-derailment-more-than-100-file-suit-against-conrail/</link>
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		<pubDate>Fri, 12 Apr 2013 18:15:21 +0000</pubDate>
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		<guid isPermaLink="false">http://www.layserfreiwald.com/?p=1053</guid>
		<description><![CDATA[Rebecca Forand South Jersey Times/NJ.com PAULSBORO — Standing just yards from where a train derailed, sending toxic chemicals throughout Paulsboro, some Paulsboro residents gathered Friday to discuss a lawsuit they have filed against Conrail regarding the incident. On Nov. 30 of last year, a Conrail trail derailed over the Jefferson Street bridge, sending four tanker [...]]]></description>
				<content:encoded><![CDATA[<p><img alt="Nj.com" src="http://media.nj.com/static/njo/static/img/logo_v001.png" /></p>
<p>Rebecca Forand<br />
South Jersey Times/NJ.com</p>
<p>PAULSBORO — Standing just yards from where a train derailed, sending toxic chemicals throughout Paulsboro, some Paulsboro residents gathered Friday to discuss a lawsuit they have filed against Conrail regarding the incident.</p>
<p>On Nov. 30 of last year, a Conrail trail derailed over the Jefferson Street bridge, sending four tanker cars into Mantua Creek below and spilling tens of thousands of pounds of vinyl chloride — a toxic chemical used in the production of PVC plastic — into the air of the small, industrial town.</p>
<p>The suit, which was filed Friday in the Court of Common Pleas in Philadelphia, lists more than 100 plaintiffs, including first responders, teachers and children who were all affected by the train accident.</p>
<p>&#8220;The people we represent are the faces of Paulsboro,&#8221; Scott McKinley, co-counsel for the plaintiffs, said.</p>
<p>&#8220;I’m really concerned as a parent. Will my child have that longevity?,&#8221; Cassandra Clark said.</p>
<p>Kyle Spears, an East Greenwich Township police officer who responded to the scene, is the first name on the lawsuit. He claims that Conrail representatives told the emergency personnel that they did not require breathing masks or other protective equipment, despite elevated levels of vinyl chloride being detected in the air.</p>
<p>&#8220;Vinyl chloride is a highly toxic known human carcinogen,&#8221; Attorney Aaron Freiwald said. &#8220;We’re really concerned about long term health effects.&#8221;</p>
<p>Walter and Irma Stevenson, who live on Jefferson Street, and watch the train pass by their home each day, stood in their home with their lawyers and fellow plaintiff Cassandra Clark — a Walter Avenue resident — and announced that they are part of a lawsuit against the railroad company that is seeking both compensatory and punitive damages.</p>
<p>&#8220;I want an apology to the people of Paulsboro and I want people to be compensated for what they’ve endured,&#8221; Irma Stevenson said.</p>
<p>Clark and the Stevensons each took turns discussing their personal experience in the early morning hours of Nov. 30, when the train initially derailed, and their fears as the days progressed following the incident.</p>
<p>Walter Stevenson recalled hearing the &#8220;racket&#8221; and looking outside to see the cloud of vinyl chloride begin to rise over the water and spread throughout the town.</p>
<p>&#8220;We stood there and looked in amazement,&#8221; he said.</p>
<p>He immediately called his wife Irma, who works as a home-care nurse, and she rushed to get home as soon as possible.</p>
<p>Irma, who describes herself as &#8220;Miss Paulsboro&#8221; and is well-known throughout town for her hosting duties on the local television program &#8220;Eye on Paulsboro&#8221; and is a frequent presence at borough events and high school sporting events, was worried not only for her immediate family, but for all of the people of the borough.</p>
<p>&#8220;My family is here and my Paulsboro people,&#8221; she said. &#8220;There was a huge cloud and it was really, really thick.&#8221;</p>
<p>The couple was evacuated from their home, which is just 200 feet from the site of the accident, and weren’t able to return for 17 days.</p>
<p>Clark didn’t see the cloud initially, but she was getting her kids ready for school that morning when her 7-year-old son — who was outside playing — began to complain of an illness. He began getting sick and when she called the school to tell them he wouldn’t be attending, she found out the school was on lockdown. Her 12-year-old daughter had already begun walking to school, through the vinyl chloride release.</p>
<p>&#8220;I’m really concerned as a parent. Will my child have that longevity? No mother wants to think about a child possibly getting cancer because of something that happened years and years ago,&#8221; she said. &#8220;I don’t think Conrail has stepped up to the plate.&#8221;</p>
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		<title>Precautions Urged for Drivers With Diabetes</title>
		<link>http://www.layserfreiwald.com/in-the-news/2013/01/precautions-urged-for-drivers-with-diabetes/</link>
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		<pubDate>Wed, 30 Jan 2013 21:07:13 +0000</pubDate>
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		<description><![CDATA[By LAURA GEGGEL Dan Fried, a 47-year-old videographer who has Type 1 diabetes, never made it to the diner to meet his brother. As he drove through New Jersey that night in November 2010, he said his blood sugar fell and he became disoriented. He pulled his van to the side of the road, where [...]]]></description>
				<content:encoded><![CDATA[<p><img alt="NYTimes Logo" src="http://graphics8.nytimes.com/gfx/blogs/common/logos/nytlogo123x18.png" /></p>
<p>By LAURA GEGGEL</p>
<p>Dan Fried, a 47-year-old videographer who has Type 1 diabetes, never made it to the diner to meet his brother. As he drove through New Jersey that night in November 2010, he said his blood sugar fell and he became disoriented. He pulled his van to the side of the road, where state troopers, who had received a call about an erratic driver, found him slumped behind the wheel, barely coherent.</p>
<p>Believing Mr. Fried to be intoxicated and seemingly uncooperative, the troopers tried to frisk and handcuff him. In the scuffle, he broke his wrist. He was wearing a bracelet that identified him as a diabetic.</p>
<p>&#8220;I was very upset at the whole thing,&#8221; he said in an interview. Mr. Fried filed a lawsuit alleging civil rights violations. The state attorney general declined to comment on pending litigation.</p>
<p>Sudden bouts of low blood sugar, or hypoglycemia, can lead to confusion, delayed reaction, visual disturbances or loss of consciousness. Even in the absence of low blood sugar, people with diabetes may have impaired vision or nerve function in the feet, which can affect driving.</p>
<p>Partly as a result, drivers with diabetes are 12 percent to 19 percent more likely than other drivers to have a car accident, studies show.</p>
<p>A study of 202 people with diabetes who were taking insulin found that about 60 percent of participants never tested their blood glucose levels before driving. Most participants said they would stop driving if they began to feel symptoms of hypoglycemia, but it can be difficult to recognize milder symptoms, such as blurry vision, sweating or feeling tired or irritable, said Dr. Daniel Lorber, director of endocrinology at New York Hospital Queens.</p>
<p>&#8220;If it drops further, then you get into some severe thinking and judgment issues, and that’s what we’re concerned about,&#8221; he said. &#8220;You could pass out or have a seizure.&#8221;</p>
<p>Awareness of the problem is surprisingly limited. A study in 2003 that surveyed people with diabetes in seven American and four European cities found that half of those with Type 1 and three-fourths of those with Type 2 diabetes reported that their doctors had never told them about the dangers of hypoglycemia and driving.</p>
<p>While most accidents related to diabetes complications happen to a small group of people with Type 1 diabetes, who need to take insulin, people with Type 2 diabetes are also at risk.</p>
<p>An analysis of American insurance claims, published in November in the journal Diabetes, Obesity and Metabolism, focused on people with Type 2 diabetes who were taking a diabetes drug other than insulin. It found that drivers under age 65 who had been treated for hypoglycemia were 40 percent more likely to have had a motor vehicle accident than those who had not had hypoglycemic episodes.</p>
<p>&#8220;Up until now, most people assumed that diabetes-related driving accidents were caused by insulin therapy,&#8221; said Dr. Brian Frier at the University of Edinburgh and an author of the study. They didn’t think &#8220;people on other therapies would cause an accident through hypoglycemia.&#8221;</p>
<p>Dr. Frier noted that a class of diabetes drugs called sulfonylureas, which stimulate the pancreas to release insulin, may be especially likely to trigger hypoglycemia, particularly longer-acting sulfonylureas like the drug glyburide. Shorter-acting drugs in this class, including glipizide and gliclazide, may be safer for drivers with diabetes, he said.</p>
<p>Drivers at risk for hypoglycemia also &#8220;have a responsibility to make sure that their blood glucose level is not too low,&#8221; said Dr. Ned Kennedy of the Cleveland Clinic. He advised drivers with low blood sugar to eat something sugary and to wait 15 minutes and check again. &#8220;Just taking the time to do that could save them a lot of trouble and prevent them from being a danger to themselves or to other people&#8221; on the road, he said.</p>
<p>Daniel Cox, a professor of psychiatry at the University of Virginia Health System, and his colleagues have developed a program called Blood Glucose Awareness Training, which teaches people to recognize the physical signs of low blood sugar.</p>
<p>Dr. Cox also is enrolling patients in Diabetes Driving, a study that aims to identify and prevent other risks associated with drivers who have diabetes.</p>
<p>The vast majority of accidents have nothing to do with diabetes, however, and Dr. Cox and other experts are wary of stigmatizing people with the disease. &#8220;We don’t want to isolate out diabetics as bad drivers,&#8221; he said.</p>
<p>A version of this article appeared in print on 01/29/2013, on page D5 of the NewYork edition with the headline: Driving With Diabetes.</p>
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		<title>N.J. State Police Superintendent Must Answer Questions in Diabetes Lawsuit</title>
		<link>http://www.layserfreiwald.com/in-the-news/2013/01/n-j-state-police-superintendent-must-answer-questions-in-diabetes-lawsuit/</link>
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		<pubDate>Thu, 24 Jan 2013 22:32:47 +0000</pubDate>
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		<description><![CDATA[By Christopher Baxter The Star-Ledger TRENTON — A federal magistrate judge has ordered State Police Superintendent Col. Rick Fuentes to answer questions about how troopers are trained to recognize and respond to people suffering from diabetic shock, a serious condition caused by extremely low blood sugar. In 2011, Daniel Fried, 47, of Pennsylvania, sued two [...]]]></description>
				<content:encoded><![CDATA[<p><img alt="Nj.com" src="http://www.nj.com/static/njo/static/img/logo_v001.png" /></p>
<p>By Christopher Baxter<br />
The Star-Ledger</p>
<p>TRENTON — A federal magistrate judge has ordered State Police Superintendent Col. Rick Fuentes to answer questions about how troopers are trained to recognize and respond to people suffering from diabetic shock, a serious condition caused by extremely low blood sugar.</p>
<p>In 2011, Daniel Fried, 47, of Pennsylvania, sued two troopers claiming that, a year earlier, they failed to recognize he was suffering from shock on the side of the road, wrestled him to the ground, struck him with a baton, arrested him and denied him the juice he requested from his van.</p>
<p>The first trooper to arrive said in court documents he suspected diabetes but never passed that on to a second trooper, who later confronted Fried and took him down. The troopers said in an incident report that force was necessary because Fried was obstinate and did not follow commands.</p>
<p>The troopers also said in court documents they never received training on how to differentiate a diabetic emergency from intoxication, which causes similar symptoms, and they never saw a warning bracelet Fried says he has worn since his condition was diagnosed.</p>
<p>In September, Fried’s attorney, Aaron Freiwald of Philadelphia, filed a motion to compel Fuentes to answer questions about training after the state Attorney General’s Office, which represents the State Police, refused to set dates for a deposition.</p>
<p>The office opposed the motion, arguing, in part that it was Fried’s refusal to follow the troopers’ commands — not his medical condition — that resulted in his arrest, and interviewing Fuentes was unnecessary. The state also said troopers were law enforcement officers, not doctors, and should not be diagnosing medical problems.</p>
<p>But in a ruling Tuesday, Magistrate Judge Karen Williams disagreed. Freiwald said Fuentes will be deposed under oath within the next 30 days.</p>
<p>&#8220;We understand Col. Fuentes is in charge of training for the department and we need to get to the bottom of the question that’s at the center of this case: What training was available, why were these troopers not trained in these areas, and what’s being done about it,&#8221; Freiwald said.</p>
<p>The state Attorney General’s Office declined to comment on the ruling.</p>
<p>Fried, of Springfield, Delaware County, Pa., is among an estimated 25.8 million people in the United States — including more than 589,000 in New Jersey — who have diabetes, according to the Centers for Disease Control and Prevention.</p>
<p>The state Assembly is expected to vote Monday on a bill that would require the state Motor Vehicle Commission to allow drivers to include a notation that they have diabetes and may be susceptible to serious medical emergencies if their blood sugar goes too high or too low.</p>
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		<title>N.J. Assembly Panel Passes Bill Allowing Driver&#8217;s Licenses to Include Diabetic Condition</title>
		<link>http://www.layserfreiwald.com/in-the-news/2012/12/n-j-assembly-panel-passes-bill-allowing-drivers-licenses-to-include-diabetic-condition/</link>
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		<pubDate>Fri, 14 Dec 2012 15:34:30 +0000</pubDate>
		<dc:creator>layserfreiwald.com</dc:creator>
				<category><![CDATA[In The News]]></category>

		<guid isPermaLink="false">http://www.layserfreiwald.com/?p=1037</guid>
		<description><![CDATA[By Christopher Baxter Statehouse Bureau TRENTON — An Assembly panel today advanced legislation that would allow New Jersey residents with diabetes to voluntarily note the condition on their driver&#8217;s licenses in case they end up in an emergency situation and are unable to communicate their needs to police. The bill (A945), approved 9-1 by the [...]]]></description>
				<content:encoded><![CDATA[<p><img alt="Nj.com" src="http://www.nj.com/static/njo/static/img/logo_v001.png" /></p>
<p>By Christopher Baxter<br />
Statehouse Bureau</p>
<p>TRENTON — An Assembly panel today advanced legislation that would allow New Jersey residents with diabetes to voluntarily note the condition on their driver&#8217;s licenses in case they end up in an emergency situation and are unable to communicate their needs to police.</p>
<p>The bill (A945), approved 9-1 by the Assembly Law and Public Safety Committee, was first introduced last year but was not given a hearing until today, in response to a Star-Ledger article in October about a diabetic driver’s confrontation with State Police troopers.</p>
<p>&#8220;I’ve had two friends this has happened to,&#8221; said the sponsor, Assemblywoman Celeste Riley (D-Cumberland). &#8220;My one friend, he actually was in an accident and they treated him like, he was going into diabetic shock, and he was treated like a criminal and he was a drunk driver.&#8221;</p>
<p>Under the bill, the state Motor Vehicle Commission would be required to allow drivers to include a notation that they suffer from diabetes, are insulin dependent and, as a result, may be susceptible to serious medical emergencies if their blood sugar goes too high or too low.</p>
<p>Riley said she heard from one constituent who has a severely diabetic son and fears he may suffer an episode of low blood sugar and be mistaken as drunk by police. She said the voluntary notation would not only protect diabetics but also give police more information.</p>
<p>&#8220;We’ve seen too many misunderstandings between diabetics and police officers that could have been avoided with this basic knowledge,&#8221; she said.</p>
<p>In 2010, a Pennsylvania man was driving home from the Jersey Shore when he pulled himself over after his blood sugar dropped and he became disoriented. But troopers who later responded took his condition for belligerence, wrestled him to the ground, struck him with a baton and arrested him.</p>
<p>The man, Daniel Fried, claims in a federal lawsuit troopers used excessive force by fracturing his wrist and denied him medical care. Troopers refused to fetch the sugary juice he requested from his van, and 38 minutes passed before paramedics arrived, a recording of the incident showed.</p>
<p>&#8220;We’ve seen too many misunderstandings between diabetics and police officers&#8221;</p>
<p>The first trooper on scene suspected diabetes but never communicated that with a second trooper, who later confronted Fried and took him down. The troopers said in their report on the incident that the force was necessary because Fried was obstinate and did not follow commands.</p>
<p>Sources with knowledge of the state’s internal investigation of the incident told The Star-Ledger in October the troopers were cleared of excessive force allegations.</p>
<p>The troopers said in court documents they never received specific training on how to differentiate diabetes from intoxication. They also said they never saw a diabetic alert bracelet Fried claims he has worn since he was diagnosed with the condition as a child.</p>
<p>Fried, of Springfield, Pa., in Delaware County, is among an estimated 25.8 million people in the country — including more than 589,000 in New Jersey, or 9.2 percent of the population — who have diabetes, according to the U.S. Centers for Disease Control and Prevention.</p>
<p>Riley said she anticipated an identical bill would be introduced in the Senate. She said she struggled to gain traction for the measure until The Star-Ledger article.</p>
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		<title>Buoniciotti Fund 9th Annual Raise a Glass for the Cure</title>
		<link>http://www.layserfreiwald.com/in-the-news/2012/11/buoniciotti-fund-9th-annual-raise-a-glass-for-the-cure/</link>
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		<pubDate>Wed, 14 Nov 2012 22:10:32 +0000</pubDate>
		<dc:creator>layserfreiwald.com</dc:creator>
				<category><![CDATA[In The News]]></category>

		<guid isPermaLink="false">http://www.layserfreiwald.com/?p=1008</guid>
		<description><![CDATA[Layser &#38; Freiwald was a Silver Sponser for the 9th Annual Raise a Glass for the Cure sponsored by the Buoniciotti Fund for Spinal Cord Research.  Mr. Layser previously represented Frank LaMacchia for the accident which caused his paralysis approximately 14 years ago. Mr. LaMacchia is now a member of the Board of Magee Rehabilitation [...]]]></description>
				<content:encoded><![CDATA[<p>Layser &amp; Freiwald was a Silver Sponser for the 9th Annual Raise a Glass for the Cure sponsored by the Buoniciotti Fund for Spinal Cord Research.  Mr. Layser previously represented Frank LaMacchia for the accident which caused his paralysis approximately 14 years ago.</p>
<p><img class="size-medium wp-image-1020 alignnone" title="Frank LaMacchia in Ekso suit" alt="" src="http://www.layserfreiwald.com/wp-content/uploads/2012/11/Buonconti4-225x300.jpg" width="225" height="300" /></p>
<p>Mr. LaMacchia is now a member of the Board of Magee Rehabilitation Hospital and one of their success stories.  The photograph shows Mr. LaMacchia walking in the Ekso bionic suit at the fundraiser.</p>
<p>The Ekso bionic suit is an external walking device that allows individuals with paralysis and lower limb issues to stand and walk.  The device was initially developed for the military but is not used in rehab facilities all across the United States.  The Ekso makes the dream of walking again a reality for people living with a disability and who are unable to walk.</p>
<p>Layser &amp; Freiwald is very proud of Mr. LaMacchia and hopes that a cure for Mr. LaMacchia and simiarily situated individuals is near.</p>
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		<title>Philadelphia Nursing Home Sued for Professional Negligence</title>
		<link>http://www.layserfreiwald.com/in-the-news/2012/10/philadelphia-nursing-home-sued-for-professional-negligence/</link>
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		<pubDate>Sat, 27 Oct 2012 18:37:50 +0000</pubDate>
		<dc:creator>layserfreiwald.com</dc:creator>
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		<description><![CDATA[The Pennsylvania Record by John Campisi A Philadelphia woman who claims she suffered multiple injuries after falling at a city nursing home on two separate occasions due to alleged company negligence has filed suit against the facility in state court. Philadelphia attorney Derek R. Layser, of the firm Layser &#38; Freiwald P.C., filed the professional [...]]]></description>
				<content:encoded><![CDATA[<p>The Pennsylvania Record<br />
by John Campisi</p>
<p>A Philadelphia woman who claims she suffered multiple injuries after falling at a city nursing home on two separate occasions due to alleged company negligence has filed suit against the facility in state court.</p>
<p>Philadelphia attorney Derek R. Layser, of the firm Layser &amp; Freiwald P.C., filed the professional negligence claim Oct. 25 at the Philadelphia Court of Common Pleas on behalf of Phyllis B. Montalvo.</p>
<p>The defendant named in the civil action is RC Healthcare, doing business as Willow Terrace Nursing Home.</p>
<p>The lawsuit states that after suffering a fall at home back on June 12, 2011, the plaintiff was taken to Albert Einstein Medical Center where it was determined that she had sustained cervical spine and left wrist fractures.</p>
<p>Following her discharge from the hospital about two weeks later, Montalvo was transferred to Willow Terrace, where she was identified as a fall risk.</p>
<p>The woman was given identification bands for her wrist and ankle to alert the staff of her risk of falling if she tried to move on her own, the lawsuit shows.</p>
<p>On July 9 of that year, Montalvo attempted to use the call bell to inform staff she needed assistance getting to the bathroom, but the button failed, leading the plaintiff to attempt to get to the bathroom on her own, the complaint states.</p>
<p>It was at this point that Montalvo fell on the bathroom floor, the suit states.</p>
<p>The patient initially complained of right hip pain and was given pain medication.</p>
<p>About three days later, after complaining of continuing pain, Montalvo was taken for X-rays, which revealed that she had sustained no hip fracture, although she continued to complain of pain for the balance of the month, the suit claims.</p>
<p>Toward the end of the month, after even more complaints, the plaintiff was re-admitted to Albert Einstein Medical Center where testing revealed she had an impacted fracture through the cervical neck of the right femur with varied angulation, the suit states.</p>
<p>Montalvo underwent additional surgery on July 29, which was followed by physical rehabilitation.</p>
<p>On Aug. 11, the woman was sent back to Willow Terrace.</p>
<p>On Aug. 18, Montalvo again fell while in her room at the nursing facility.</p>
<p>She was discharged to home care on Sept. 23 of last year.</p>
<p>The lawsuit accuses Willow Terrace of negligence for allowing Montalvo to fall not once, but twice while in the defendant’s care.</p>
<p>As a result of her ordeals, Montalvo sustained physical pain, bone fractures, scarring, limited mobility, decreased range of motion, ambulatory dysfunction, need for additional pain medication and assistive devices, delay in recovery, mental anguish and physical pain and suffering, the complaint alleges.</p>
<p>The lawsuit accuses the defendant of negligence and carelessness for failing to place Montalvo in a fall prevention program upon admission to Willow Terrace, failing to appreciate the plaintiff’s high risk of falling, failing to maintain a functioning call bell in the woman’s room, failing to properly assess the plaintiff’s complaints of hip pain and promptly provide medical treatment, and failing to follow the facility’s Fall Risk Policy and Fall Prevention Program.</p>
<p>“The negligence of Defendant increased the risk of harm to Plaintiff and was a substantial contributing factor to the injuries sustained,” the suit reads.</p>
<p>Montalvo seeks judgment in excess of $50,000, plus costs, interest, attorney’s fees and other court relief.</p>
<p>&nbsp;</p>
<p>The case ID number is 121003642</p>
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		<title>N.J. Officials Call for Investigation into Police Treatment of Diabetic Shock Victims</title>
		<link>http://www.layserfreiwald.com/uncategorized/2012/10/n-j-officials-call-for-investigation-into-police-treatment-of-diabetic-shock-victims/</link>
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		<pubDate>Thu, 18 Oct 2012 15:27:07 +0000</pubDate>
		<dc:creator>layserfreiwald.com</dc:creator>
				<category><![CDATA[In The News]]></category>
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.layserfreiwald.com/?p=987</guid>
		<description><![CDATA[By Christopher Baxter Statehouse Bureau The Star-Ledger Several New Jersey lawmakers, including the Assembly speaker, said they will investigate how State Police troopers and other police officers are trained to recognize and handle victims of diabetic shock and how to improve their instruction. The expressions of concerns were prompted by an article in the Sunday [...]]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.nj.com/"><img src="http://www.nj.com/static/njo/static/img/logo_v001.png" alt="Nj.com" /></a></p>
<p>By Christopher Baxter<br />
Statehouse Bureau The Star-Ledger</p>
<p>Several New Jersey lawmakers, including the Assembly speaker, said they will investigate how State Police troopers and other police officers are trained to recognize and handle victims of diabetic shock and how to improve their instruction.</p>
<p>The expressions of concerns were prompted by an article in the Sunday Star-Ledger about how troopers wrestled a Pennsylvania man to the ground after failing to recognize he was suffering from diabetic shock.</p>
<p>The man, Daniel Fried, who said he sustained a broken wrist as well as cuts and bruises, is suing the State Police for damages in federal court.</p>
<p>In court documents, the troopers said they received no special training in identifying and helping people in diabetic shock, and did not see a medical alert bracelet or know to check for it even though about 1 in 10 New Jersey residents suffer from diabetes.</p>
<p>&#8220;Clearly, this is an issue of concern and something that needs to be dealt with considering so many of our residents struggle with diabetes and their needs must be respected,&#8221; Assembly Speaker Sheila Oliver said in a statement Wednesday.</p>
<p>Oliver (D-Essex) added her caucus will be &#8220;researching the best way to resolve this concern, and whether it’s done administratively or through legislation, I expect to see improvement when it comes to awareness.&#8221;</p>
<p>Her sentiments were echoed by fellow Democrats.</p>
<p>&#8220;This case suggests some investigation of policies and procedures ought to be undertaken, and we should find out what kind of data we have of incidences of similar situations,&#8221; said Assemblyman Herb Conaway (D-Burlington), who is a doctor and chairman of the Assembly Health and Senior Services Committee.</p>
<p>About 20 years ago, as a Jersey City police officer, Assemblyman Charles Mainor said he thought a man in diabetic shock was drunk. Doctors say the symptoms are similar and people often can’t communicate their problem.</p>
<p>&#8220;I was about to issue tickets, not giving him the attention he needed,&#8221; said Mainor, chairman of the Assembly Law and Public Safety Committee. &#8220;But my partner understood. For the grace of God, we saved a life that day.&#8221;</p>
<p>Mainor (D-Hudson) said a &#8220;conversation needs to be had in trying to prevent something like that from ever happening again.&#8221;</p>
<p>Senate President Stephen Sweeney (D-Gloucester), who is diabetic himself and has experienced low blood sugar, said in a statement that proper training and awareness &#8220;can mean the difference between life and death.&#8221;</p>
<p>&#8220;The answer is education, for both diabetics and those called upon in emergencies to assist,&#8221; Sweeney said. &#8220;That means, for diabetics, ensuring you wear your medic alert and that it is clearly visible. For emergency responders, it means knowing the signs of sugar shock.&#8221;</p>
<p>Leading advocates of diabetes awareness in the state said the Legislature should implement standard training procedures.</p>
<p>Patricia Davidson, chairwoman of the New Jersey Association of Diabetes Educators, said Fried’s case was a &#8220;classic example&#8221; of how diabetic shock can be misinterpreted.</p>
<p>&#8220;Determining or mandating that people who come in contact with the public, like emergency personnel, that they need to take or course or need to be trained, that would be the best way the Legislature could help educate about this problem,&#8221; Davidson said.</p>
<p>Roberta Schmidt, executive director of the Diabetes Foundation based in Paramus, said troopers involved in Fried’s arrest showed a &#8220;lack of judgment&#8221; and the Legislature must ensure that police officers get standard training.</p>
<p>&#8220;It’s a frightening experience and fortunately this gentleman was educated and capable enough to move forward with this case,&#8221; Schmidt said. &#8220;A lot of people aren’t.&#8221;</p>
<p>The State Police and the Attorney General’s Office have declined to comment, citing the pending federal lawsuit.</p>
<p>In 2010, Fried was driving on Route 72 in Woodland Township when his blood sugar dropped and he pulled over. Court records show the first trooper to arrive, Paul Brown, observed unusual symptoms and suspected diabetes, but did not call paramedics.</p>
<p>When a second trooper, Scott Tetzlaff, showed up, Brown did not tell him about his conversations with Fried or the strange behavior and his suspicion of diabetes. Instead, the records show, Brown said, &#8220;This guy’s giving me the runaround&#8221; and suggested Fried was being evasive.</p>
<p>Tetzlaff said Fried refused to take his hands from his pockets, and when he did, he put them back. At that point, he said, he was concerned Fried might have a weapon, though none was found.</p>
<p>Tetzlaff said Fried was belligerent and tried to walk away, so he grabbed him, touching off a struggle. Fried was charged with disorderly conduct and resisting arrest, but records show the charges were later dismissed.</p>
<p>Fried said in court papers the troopers repeatedly refused to bring him juice from his van that would have raised his blood sugar and stabilized him.</p>
<p>State Police recordings show about 38 minutes passed from the time the first trooper arrived until paramedics got there. Fried’s blood sugar was found to be 26, a critically low level.</p>
<p>&nbsp;</p>
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