WORKER'S COMPENSATION

PERSONAL INJURY

WRONGFUL DEATH

MEDICAL MALPRACTICE

CONSTRUCTION ACCIDENTS, COLLECTIONS, AND CONTRACT DISPUTES

RESTAURANT AND BAR ACCIDENTS

CRIMINAL LAW

MRSA

DEAF DISCRIMINATION

SPECIAL EDUCATION ADVOCACY

BUSINESS LITIGATION

INTELLECTUAL PROPERTY

DOG BITE LAW

SECOND LEGAL OPINION

 

 

 

WORKER'S COMPENSATION  

WORKER'S COMPENSATION IN DELAWARE COUNTY, BUCKS COUNTY, BERKS COUNTY, CHESTER COUNTY, MONTGOMERY COUNTY, PA AND PHILADELPHIA, PA

Our firm handles workers comp claims for injuries to all areas of the body: brain, eyes, back, neck, spine, arms, hands, legs, ankles and feet.

How Workers Comp Law Works for You

The Pennsylvania Department of Labor statistics reported for 2005 that approximately 100,000 workers are injured each year-these workers are almost always eligible for worker compensation in Media, Philadelphia, or elsewhere in Pennsylvania.

Injuries resulting from work-related duties can result in long-term scarring or infections. Worker compensation provides benefits for workers injured on the job or suffering an occupational disease:

-Pharmaceuticals

-Hospital and surgical costs

-Diagnostic tests

-Doctor visits and therapy

-Reasonable and necessary medical expenses

-Weekly compensation to the disabled worker 

-Death and burial benefits to a deceased worker's dependents

Besides weekly benefits and payment of medical expenses, in many instances, our attorneys can negotiate a settlement of your Media worker compensation claim. Regardless of whether you are a member of a union, you have a choice in the attorney you want to represent you!

Making the Most of Worker Compensation

You have rights under Delaware County and Philadelphia, PA worker's comp law, but you also have responsibilities.

If you have been injured on the job, there are several things you MUST do right away to ensure the viability of your case:

1.) Tell your employer about your injury right away!

2.) Go to the doctor right away!

3.) Contact Schrom & Shaffer to discuss your worker's comp claim (610) 565-5050. Union members have a choice in representation.

Schrom and Shaffer has litigated and settled many Media and Philadelphia worker compensation cases:

Whiteside v. Unisys Corporation (1994)

Jean Whiteside worked for the Burroughs Corporation from 1966-1987. In 1987, Burroughs merged with another company to form UNISYS Corporation. Following the merger, she was assigned a new boss and additional new duties, and because two individuals in her department were laid off, her workload increased. Her new duties included the following: (1) attending meetings for her manager, which she had difficulty understanding, with salaried employees, (2) attending other meetings in place of her new boss (3) learning a new computer system from a book while still meeting deadlines and (4) learning the job of a salaried employee and teach that person their job. All of this extra work required to come into work early and leave late. As a result of her increased job stress, she suffered from headaches, constant abdominal pain, clinical depression and other physical and mental ailments.

With Mr. Schrom's advocacy, she was able to establish that her injuries were caused by the conditions at her workplace. Her case required appeals to the Workers Compensation Board and the Commonwealth Court of Pennsylvania. This case serves to this day as the high water mark for mental stress cases in Pennsylvania. It was featured in the Pennsylvania Law Weekly, the Legal Intelligencer and on NBC10 with Tim Lake. With Mr. Schrom's help, Jean was finally able to get fair compensation for her physical and mental injuries caused by a stressful environment.

If you have been injured on the job or have an occupational disease, do not hesitate to contact our office.

 

 

PERSONAL INJURY

Personal injuries can occur in a variety of environments: in traffic, on the job, surgical errors, or due to government actions that can have devastating long term effects or even death.  These injuries may occur due to intentional acts or the negligent acts of others. Accident victims and their families have a right to recover for their losses. Schrom and Shaffer works diligently to protect the rights of individuals who have received injuries as a result of the negligence of others. We seek to obtain full and prompt compensation for victims of a wide range of cases.

Our firm handles workers comp claims for injuries to all areas of the body: brain, eyes, back, neck, spinal cord, arms, hands, legs, ankles and feet.

Schrom & Shaffer personal injury cases in Delaware County and Philadelphia, PA include, but are not limited to the following types of injuries:  

-Wrongful Death

-Restaurant and Bar Accidents  

-Defective Products (product liability)  

-Dog Bites   

-Medical Malpractice

-Nursing home injuries and abuse

-Premises Negligence (e.g. Unsafe floor conditions in a food store)  

-Personal Negligence  

-Car, truck, motorcycle accidents

-Slip and fall accidents

Schrom & Shaffer have litigated and settled many personal injury cases. This case is one example of the services that Schrom & Shaffer provides:  

Hodges v. PECO (2007)  

Following an unresolved billing dispute, Mr. Michael Hodges' electricity service was cut by PECO in October 2003. On November 19, 2003, while replacing a dislodged gutter, Mr. Hodges received a strong jolt of electricity. When fire officials inspected the scene, they discovered that the electrical wires had been cut and the live ends were left exposed. The wires had been cut by Contract Callers, INC., a company hired by PECO to terminate service to homes with delinquent accounts. Mr. Hodges suffered significant internal injuries when the downspout he was holding accidentally made contact with the wires. He spent several painful days in the hospital.

At the time, Contract Callers, INC, followed a policy of "cut and run", using instruments that look like tree-trimmers and left the live ends of the wires uncapped and exposed. As a result of this unsafe practice, Mr. Hodges was greatly injured and contracted Mr. Schrom to represent him in this case. Before the case reached court, both PECO and Mr. Hodges agreed to settle out of court for an undisclosed amount of money and agreed to end the method of "cut and run" service terminations.

This case created a great benefit to the community. As a result of Mr. Hodges' case, PECO now requires that live wires are now covered when they are cut. Mr. Schrom sums up the case well:

"Clearly this is a significant victory for all parties. Michael [Hodges] put everything at risk to make conditions safer for the entire community, and PECO has done the right thing by promising to change its methods. It will undoubtedly prevent injury and significantly reduce the company's exposure to future liability"  

If you have been the victim of a personal injury due to the negligence of others, or have any questions regarding a personal injury claim, please contact us at the Law Offices of Schrom & Shaffer. (610) 565-5050.

 

 WRONGFUL DEATH

Wrongful death lawsuits claim that the victim(s) died typically as a result of negligence or unjust action on the part of the person or entity being sued, and that the victim’s survivors are entitled to monetary damages as a result of the improper conduct.

This type of claim differs normal negligence lawsuits, which are filed by the person injured for the resulting damages. The surviving family members of the wrongfully deceased individual may claim damages from the person or entity who caused the victim's death. Over the years, states have passed wrongful death laws that provide compensation for persons who may have been damaged from the death of the victim. These laws seek to influence safer behavior to avoid such tragedies.

Wrongful death law exists in all 50 states today. Each state's wrongful death legislation has similarity in structure. A wrongful death claim generally consists of four elements: (1) the death was caused or the result of, in whole or part, conduct of the party being sued; (2) the party being sued was either negligent or strictly liable for the victim’s death (3) there is a surviving relative(s), beneficiaries or dependents and (4) monetary damages have resulted from the victim’s death.

There is no reason to allow the actions of others to deprive you of a loved one's life.  Over 25 years we have handled numerous clients who have endured great pain as a result of the negligence of others.  We make sure those who have caused such pain are held responsible. (610) 565-5050.

 

MEDICAL MALPRACTICE

Medical Malpractice (med mal) is a physician’s failure to exercise the degree of skill and reasonable care that a doctor or surgeon of the same medical specialty would use under similar circumstances. Medical Malpractice is proven when it has been found that the level of care used by the physician was below the degree of care that other physicians in the community would exercise.

Over 225,000 people die each year due to physician errors. Medical Malpractice is now the third leading cause of death in the United States.

Approximately:

  • 12,000 deaths/year from unnecessary surgery
  • 7,000 deaths/year from medication errors in hospitals
  • 20,000 deaths/year from other errors in hospitals
  • 80,000 deaths/year from nosocomial infections in hospitals
  • 106,000 deaths/year from nonerror, adverse effects of medications

Medical Malpractice due to a doctor's negligence can also lead to birth injury or long-term infection or disease. The statute of limitations varies by state, but is usually two years. That time typically begins running the moment the negligent act occurred, but other factors could potentially come into play, such as when you actually learned of the negligence and when your treatment stopped. If you or a loved one has been a victim of a physician's negligence, please don't hesitate to contact us. (610) 565-5050. You deserve the best and we won't settle for less!

 

CONSTRUCTION ACCIDENTS, COLLECTIONS, AND DISPUTES

Over the course of 25 years of practice, Gerard K. Schrom has represented hundreds of injured construction workers including: contractors, ironworkers, carpenters, roofers, cement masons, laborers, electricians, engineers and demolition workers. Before founding Schrom & Shaffer, Gerard Schrom worked for many years in the construction industry in both the United States and Europe. Gerard even owned his own construction company for a number of years.  Mr. Schrom understands the construction business and the catastrophic injuries that may occur on the job site.  He is an attorney who understands construction workers and their injuries on a personal level.  

DELAWARE COUNTY, CHESTER COUNTY, BUCKS COUNTY, BERKS COUNTY, MONTGOMERY COUNTY AND PHILADELPHIA, PA CONSTRUCTION SITE RISKS INCLUDE:

-Risks from unsafe working conditions

-Electrocution 

-Being hit with falling debris 

-Crane accidents

-Getting caught between machinery

-Falls off of ladders, scaffolds, roofs, rafters 

-Exposure to hazardous materials and chemicals (asbestos)

-Vehicular accidents- forklifts, faulty machinery, etc.

-Explosions, fires and floods

Construction workers provide an invaluable service to humanity every day.  Unfortunately, in 2008, nearly 1,000 construction workers died on the job according to the Bureau of Labor Statistics (a death rate of 27.7 per 100,000).  Construction remains one of the top 10 most dangerous occupations in America today.  Fatalities and catastrophic injuries cause workers to incur numerous hospital bills, doctors visits and bills for pain medication.  The four most fatal accidents are classified as "Falls," "Caught Between," "Struck By," and "Electrocution."

A system is in place to protect injured construction workers based on their employment status with their construction company. Workers compensation is generally available to workers who are unable to work due to their injuries on the construction site.  Union members should make sure they are receiving the best possible representation- YOU HAVE A CHOICE. Construction workers have a right to a safe workplace and employers who expose employees to unsafe conditions may be held liable for that exposure.

Third parties and bystanders may also be victims of construction accidents.  At times walking by a construction site can be as dangerous as actually being inside the site due to crane accidents, falling debris, etc.  Recovery in these type of cases depends upon the proof that the construction company was negligent or careless in their procedure and that negligent or careless behavior caused your injuries.

The federal Occupational Safety and Health Administration (OSHA) has deemed the construction industry a "high hazard industry." OSHA frequently inspects construction sites due to this hazardous status. OSHA provides many guidelines to avoid accidents involving falls, scaffolding, tools and equipment, ladders, and stairways to name a few. OSHA has also set standards for necessary protective equipment that must be used on construction sites.  Currently OSHA has specified approximately 70 different cases of fatal injury that are being investigated for improper safety procedures and work practices.

Employees have Rights and Employers have Obligations according to OSHA regulations

Employees have the right to review copies of appropriate standards, regulations, rules, etc, access relevant employee exposure and medical records, anonymously request the OSHA area director inspect the site for violations and hazardous conditions, and be free of any discriminatory or retaliatory action in response to that request.

Employers have a duty to provide a safe workplace free from recognized hazards, inform employees of OSHA standards and regulations, post the OSHA rights and regulations in a visible place for employee review, establish a written hazard communication and employee training program, and inform employees of the existence, location and availability of their medical and exposure records upon beginning employment and annually thereafter, also providing those records upon request.

Contractual Matters

Contractual disputes arise often in the construction industry. Jobs may take longer than projected requiring further negotiation or the agreed upon terms may not be fulfilled.  Any number of factors and variables such as miscommunication, clerical errors, and failure to honor the contract can complicate a construction contract and make business difficult for contractors. Our firm has extensive experience in contract litigation.

If you have experienced a construction accident or have lost a loved one as a result of a construction accident, or if you have a construction contract dispute, please do not hesitate to contact us.

(610)565-5050

 

RESTAURANT AND BAR ACCIDENTS 

Gerard Schrom worked in the restaurant industry for many years before founding Schrom & Shaffer, P.C..  As a dish washer and a kitchen worker, Gerard saw firsthand, the risks that the kitchen area presents to restaurant employees. Restaurants are an essential part of our society, providing food and jobs for people, however they may also present dangerous and hazardous conditions to employees and patrons. The smallest lack of care in the kitchen could lead to catastrophic injuries that may be permanent in nature and prevent employees from being able to work. For restaurant workers the workplace exposes them to the following risks on a daily basis:

-Slips on wet surfaces (spilled water, drinks)

-Slips on food or other objects

-Trips

-Falls

-Fire

-Grease burns

-Sliced body parts

-Falling objects from shelves, etc.

-Food poisoning

-Exposure to robbery and assault

Restaurant owners have a duty to keep their premises in a reasonably safe condition and warn about dangers that may exist on their property.  That means all on the premises must have safe access to entrances, exits and restrooms. Seats and other furniture must be kept in safe condition, and the floor must be dry, crack and bump free to avoid slip and fall accidents. Spills should be attended to immediately.  Wet floor signs should be present any time the floor is mopped. If dangerous conditions like these have caused your injury and the employer had ample time to discover the defect, failing to take action to fix the defect, recovery may be available. Kitchen safety is vital to prevent injury.

If you have been assaulted in a bar or restaurant recovery may also be available.  An employer is generally held liable for the acts of his/her employees as long as those acts occur within the scope of employment.  A bar fight is not an unusual occurrence.  Often alcohol can impair judgment of individuals, verbal arguments ensue and words escalate to a physical altercation. Assaults by third parties (patrons of the bar/restaurant) are generally not viewed as the restaurant owner's responsibility unless it can be proven that they should have known the attack would happen (i.e. the person was intoxicated and making threats or had a known propensity for violent and unruly behavior) and failed to take steps to prevent it from happening.  It is the bar owner's responsibility to monitor the level of intoxication of their patrons and cut off service when appropriate in order to avoid dangerous situations.  The bar owner is also responsible for running an orderly establishment and intervening as quickly as signs of disorder appear.  Injuries from a bar fight may be catastrophic, permanent in nature or even fatal.

If you have an injury from an accident in a bar or restaurant, please do not hesitate to contact us. (610) 565-5050. Our lawyers are available to speak about your case immediately.

 

CRIMINAL LAW 

 

Do you face an uncertain future because of a criminal charge? If you are charged with a crime, you face experienced and talented prosecutors who are usually well-trained and represent the state against the criminally accused. The prosecutor will work with police and law enforcement agencies in bringing to bear the resources of the state to convict those individuals charged with crimes. Criminal charges can have a serious impact on your life and on your family and friends as well. The consequences can include:   

-incarceration  

-a permanent criminal record   

-fines/costs of restitution   

-probation   

-loss of licenses

-embarrassment and humiliation 

-a damaged reputation

If you are facing criminal charges, you need a tough, experienced attorney to fight for your rights. At Schrom & Shaffer, P.C., our lawyers listen and understand your concerns. Our attorneys can identify the issues in your case and craft an effective legal strategy to reach a timely and successful resolution to your case. We understand how to work within the legal justice system and utilize its rules and procedures to your advantage.  

Schrom & Shaffer handles litigation involving, but not limited to, the following criminal charges:  

-assault

-criminal trespass   

-drug and paraphenalia possession   

-DUI offenses   

-forgery  

-Internet crime

-Juvenile law

-robbery   

-sexual offenses 

-traffic violations

-theft

-white collar crime

Whether this your first offense, or if you have had a previous conviction, our firm strives to protect your rights and will do everything possible to win your case. Contact us to discuss your criminal matter with a lawyer immediately. (610) 565- 5050.

 

MRSA

A recently emerging issue in both medicine and the law is MRSA.  MRSA can have devastating long-term social, emotional and financial effects.  MRSA has been known to cause facial and body scarring, loss of limbs and even death as a result of the disease.  An example of this can be seen on NBC10 at this link: http://video.nbc10.com/player/?id=175779.  At Schrom & Shaffer P.C., we will work diligently to protect the rights of individuals who have been infected with MRSA due to negligence and maintenance of unhygienic living conditions in communal environments, including, but not limited to healthcare and correctional facilities.

"MRSA (methicillin-resistant Staphylococcus aureus) is a type of staph that is resistant to antibiotics called beta-lactams. Beta-lactam antibiotics include methicillin and other more common antibiotics such as oxacillin, penicillin and amoxicillin...[While] 25% to 30% of the population is colonized with staph at any given time, approximately 1% is colonized with MRSA." (with some paraphrasing)

"Staph infections, including MRSA, occur most frequently among persons in hospitals and health care facilities, such as nursing homes and dialysis centers, who have weakened immune systems. These health care-associated staph infections include surgical wound infections, urinary tract infections, bloodstream infections, and pneumonia...Staph and MRSA can also cause illness in persons outside of hospitals and health care facilities. MRSA infections that are acquired by persons who have not been recently hospitalized or had a medical procedure are know as CA-MRSA infections...Places where CA-MRSA most common[ly] occur among [correctional facility inmates, day care attendees, competitive sports participants and military recruits.] (With additions and paraphrasing) 

The lawyers at Schrom & Shaffer have successfully litigated MRSA cases. Below is an example of the a recent case: 
 

Carol Snyder v. SCI Graterford

Ms. Carol Snyder is a corrections officer at SCI-Graterford Prison in Montgomery County.  During her time at the prison Ms. Snyder had close contact with the inmates at Graterford Prison.  She reported a history of MRSA folliculitis among the inmates of the prison.  She had onset of MRSA on February 15th, 2004.  Her last exposure was on December 30th, 2006.  She believes that the infection was a result of her proximity and contact with the inmates.  In addition, she had no history of contact with people with folliculitis outside of her workplace.

As a result of the infection she contracted at the prison, Ms. Snyder suffered from facial scarring and other skin related damage.  She suffered negative social, emotional and financial injuries due to the infection.  Ms. Snyder was out of work on full disability for two time periods: from 07/07/05-04/14/06 and 2/20/07-present.   She lost wages during this period.  Furthermore, due to her injuries, Ms. Snyder may require plastic surgery to repair damage to her face and body. 

If you have been the victim of MRSA due to the negligence of others, or have any questions regarding a personal injury claim, please contact us at the Law Offices of Schrom & Shaffer and speak with an attorney in the Media or Philadelphia area immediately. (610) 565-5050.

 

DEAF DISCRIMINATION 

Hearing-impaired people can be subjected to a great deal of discrimination. This discrimination often occurs at work and can take various forms, including not being considered for jobs that deaf people are qualified for, or not being given proper access to equipment that can aid them in their job. Many hearing disabled people are left disheartened and do not want to work, thinking they will not be given an equal opportunity to show their competency and contribute to society.

According to the ADA, employers are responsible for ensuring that deaf employees or applicants can communicate effectively. This includes regular, work-related activity, and other work related situations, such as applying for a job, work-related seminars, and other occasional, work-related functions.

Section 12102 of the ADA states that government agencies and employers must provide the following assistance to hearing impaired people:

"(1) Auxiliary aids and services

(A) qualified interpreters or other effective methods of making aurally delivered materials  available to individuals with hearing impairments;

(C) acquisition or modification of equipment or devices; and

(D) other similar services and actions."

Discrimination is not just limited to the workplace though. Hearing impaired people can also have difficulty receiving interpreters and other services from essential services including, but not limited to: hospitals, doctors and courts.

Many people who are deaf or hearing-impaired are unfamiliar with the Americans with Disabilities Act (ADA) and so, it seems, are many employers who discriminate against deaf and hearing impaired people because of their disability. Unfortunately, in many cases the discrimination does not end until the deaf person hires an attorney. A lawyer familiar with the ADA can defend the rights of deaf and hearing-impaired people by forcing the employer to make necessary changes to the workplace environment.

The attorneys at Schrom & Shaffer practices deaf discrimination cases including, but not limited to: 

-police provision of interpreters

-private facilities provision of sign language interpreters in certain circumstances (eg. Hospitals, clinics, etc)

-violations/non-compliance with the Americans with Disabilities Act (ADA) and/or Rehabilitation Act

-work-related discrimination 

Relevant cases litigated by the lawyers at Schrom & Shaffer:

 Semanyk v. Chester County Hospital (2003)

Washington B. Fry was an 89 year old deaf mute was admitted to Chester County Hospital on August 17, 2000 with severe chest and stomach pain. Mr. Fry also had poor vision which, further limited his ability to communicate with assistance from others. In addition, his daughter Beverly Ann Semanyk, is also deaf as well. Mr. Fry, Mrs. Semanyk and Mr. Fry's grandson Jason Semanyk, who is not deaf, are fluent in sign language. When Mr. Fry was admitted to Chester County Hospital, his family repeatedly requested an interpreter on his behalf, but were refused. On several occasions, without the aid of an interpretor or family members, Mr. Fry signed consent forms for treatment. As a result of that Mr. Fry's condition deteriorated and he suffered greatly from further pain and weakness. On August 19, 2000, Mr. Fry was to be discharged, despite communications with his grandson Jason, that he was still weak and in pain.

Chester County Hospital failed to follow their guidelines providing assistance to disabled patients. Mr. Fry's and his family were not provided interpreter services as required by law. Under the representation of Schrom & Shaffer, Mr. Fry and Mrs. Semanyk sought relief under the Americans with Disabilities Act (ADA).

Under the advocacy of Schrom & Shaffer, both Chester County and York County Hospitals agreed to make interpreters available in a timely fashion for patients who are deaf or hearing impaired. They have made enhancements to their existing policies to be more upfront and forthcoming with the availability of services. Now, both hospitals provide 24-hour sign-language interpreters on call for deaf patients and their families and other hospitals have followed suit as well.

Schrom & Shaffer has been serving the legal needs of the deaf community for over ten years. In that time, we have strived to be a strong advocate for the rights of the hearing impaired. If you feel that your employer, hospital, or local government has not been providing ADA mandated requirements to accommodate your needs, then please do not hesitate to contact our office. (610) 565-5050.

 

SPECIAL EDUCATION ADVOCACY

"Over the years, many students with disabilities have been kept out of vocational programs or schools or have been admitted but unnecessarily limited in their choice of programs. Still others have not gotten the special education, accommodations, or other supports they need to succeed. Several years ago, the Education Law Center and the Disability Rights Network successfully concluded a lawsuit against an area vocational technical school in Bucks County, but that victory benefited only the students attending that school." -- Education Law Center (3/28/2008)

In helping students with disabilities there are two primary parts to the process. First, you have the advocacy stage. This involves the advocacy of parents, teachers, groups and other 3rd parties. This is an informal process, meaning before "due process." The phases in the informal process include diagnosing the child's learning issues and determining whether the student qualifies for services. A student can qualify for an IEP or a 504 Plan. If the student qualifies for services, a team will be assembled. This team generally includes school administration, a school psychologist, former/current teachers and parents. The Individuals with Disabilities Education Act (IDEA), HR 1350 (2004), requires IEPs to include measurable annual goals and a description of how the child's progress toward meeting the annual goals will be measured. A 504 Plan provides accommodations only for IST services and other types of services are available for those students who do not qualify.

It is not enough to document a disability. One must show that the disability is preventing or interfering with the student's ability to access the curriculum, to an extent that there is a clear gap between ability and performance.

If at at certain time, it becomes clear that your child is not making MEANINGFUL PROGRESS, then you may need help. Let us help you and your child get back on track. We can assess your child's situation. We can advise you on how to take action. An initial phone call or email consultation is free. Also do not hesistate to refer to our Special Education FAQs page.

4 West Front Street 2F
Media, Pennsylvania 19063
Telephone: 610-566-9165
E-mail:
lawyerserv@aol.com

 

BUSINESS LITIGATION

Business matters can sometimes become very complicated. Whether it involves the formation of a business, writing contractual agreements, or resolving disputes, it is good to have a strong advocate who understands the needs both corporate and individual clients.

The attorneys at Schrom & Shaffer, P.C., strive to provide great results at a minimum expense. Our attorneys help navigate simple and complex commercial disputes by providing clients with the knowledge and information necessary to make well informed decisions.

The law firm of Schrom & Shaffer handles, including, but not limited to, litigation that can arise within the following business related areas:

  -Business formation

  -Incorporation

  -Limited Liability Companies (LLCs)

  -Limited Liability Partnerships (LLPs)

  -Nonprofit Organizations and Associations

  -Partnerships

  -Business Succession Planning

  -Director and Officer Liability

  -Joint venture agreements

  -Partnership agreements

  -Shareholder buy/sell agreements

  -Limited liability company operating agreements

  -Commercial and private lending and loan documentation

  -Contractual Disputes

 

Lawyers at Schrom & Shaffer have litigated many business matters. Below is an example of one such case:

Association to Save MCP, INC. v. Tenet Health Care Systems, INC. (2004) 

Tenet Health Care Systems, Inc. purchased The Hospital Medical College of Pennsylvania ("MCP") from Allegheny Health System in September 1998. The MCP was first established in 1850 as the first women's medical college in the United States. The "MCP" was recognized within Philadelphia as being an important health care center on several counts including: being a high level trauma center, providing a high level of diagnostic and therapeutic medicine to the public, having a high volume of emergency room visits and providing charitable services to surrounding communities' underprivileged and uninsured people. People who otherwise could not afford medical care often found the MCP as a place of salvation in a healthcare system increasing driven purely by profits and not people. The MCP was also the only certified bio-terrorism decontamination center between New York City and Washington, D.C. The MCP had an important historical and social legacy within Philadelphia.

On December 18, 2003, Tenet's Vice-President of Pennsylvania operations announced they would be closing the hospital on March 31, 2004. Tenet Health Care Systems claimed to be closing the facility due to financial losses, contrary to evidence presented by Mr. Schrom which showed increasing revenues. Mr. Schrom represented thousands of doctors, nurses, staff and the community at large to prevent Tenet from shutting down the MCP. As the case progressed Schrom & Shaffer worked in consultation with Governor Rendell's Office and Senator Arlen Specter. Furthermore, the City of Philadelphia saw the MCP as a critical facility and worked with both Tenet Health Care and Mr. Schrom to see that the MCP would stay open and continue to serve the local community.

As a result of Schrom & Shaffer's advocacy in this case, an order was issued keeping the hospital open. In addition, Tenet Health Care Systems agreed to settle the case by selling the hospital to the Association to Save the MCP for one dollar ($1). This case was a landmark legal precedent. For the first time in history a hospital was prevented from closing its doors on the basis of corporate profits.

With the strong advocacy of Mr. Schrom and thousands of other concerned hospital employees and citizens, a hospital was saved and a health care conglomerate was taken to task for putting profits ahead of people.

The business world is becoming an increasingly complicated place on a daily basis. From the moment you start a business, to dealing with all aspects of business relations, it is in your best interest to have an advocate to guide you through the maze of business law. The Law Offices of Schrom & Shaffer are here to help guide you through this process. If you need any assistance with your business in the Media or Philadelphia area, please do not hesitate to contact us. (610) 565-5050.

 

INTELLECTUAL PROPERTY

Intellectual Property encompasses the many protections afforded to the inventors/owners of ideas or creations of the mind.  These protections include copyrights, trademarks, trade secrets, registrations, and patents.  Protections for intellectual property may vary in both time and scope.  Obtaining protection for ideas can be a time-consuming and challenging process.  However, protecting your ideas is essential to protecting the profits that may be stolen by imitators.  The lawyers at Schrom & Shaffer, P.C. have years of experience in registering and protecting products and ideas and are knowledgeable advocates in the field of intellectual property.

For assistance with registering/protecting your ideas or products, please contact us. (610) 565-5050.

 DOG BITE LAW

Dogs can be man's best friend or their worst enemy.  Most jurisdictions follow a one bite rule, that means if an owner is aware of their dog's violent propensities to bite or attack people based on a previous incident, they are held strictly liable for the damage the dog causes to its victim.

About two thirds of the states follow this one bite rule according to statute.  Dog owners may be held civilly or criminally liable for the actions of a dog with a history of violence.  Civilly, compensation for the injury is available.  Violations of leash laws and similar laws also render an owner liable for their animal's actions. 

Dogs may have incredibly sharp and powerful teeth which can cut through flesh creating lacerations and disfigurations and may cause permanent injury, scarring and even death.  State's such as Pennsylvania may require only that the dog had violent tendencies that the owner should have known about before the attack in order for liability to attach. With proper safety precautions, owners with prior knowledge of their dog's violence can prevent further injury.  Tools like muzzles, mouthguards, special leashes and shock collars are available to control a dog's unruly behavior.

In Pennsylvania, compensation from an owner of a dog that had no bite history is based on the degree or severity of the injury that a dog inflicts.  Severely injured parties, or parties who have had bones broken or disfiguring lacerations that require either multiple sutures or cosmetic surgery from a dog bite attack are entitled to recovery for medical expenses, other losses incurred, and legal damages. It must be proven that the dog inflicted the injury without provocation and the owner is the actual owner of the dog. Non-severely injured parties are entitled only to medical expenses incurred from the dog bite attack.

The lawyers at Schrom & Shaffer, P.C. have successfully litigated numerous dog bite injury cases.  If you or a loved one has been bitten or attacked by a dog, please contact our office immediately to discuss your case with an attorney. 215-DOG-BITE (215-364-2483). Contact us.

 

SECOND LEGAL OPINION

Often times, especially in complex cases, it may be wise to seek a second legal opinion from a knowledgeable attorney.  Areas of expertise vary from lawyer to lawyer, so a second legal opinion may provide you with additional insight regarding the law or significant details about your case.  Although it is not always necessary to obtain a second legal opinion, firms like Schrom & Shaffer, P.C. offer a free consultation regarding your case. (610) 565-5050.

 

 4 West Front Street
Media, Pennsylvania 19063
Telephone: 610-565-6060

Toll-Free: 866-712-9506
Fax: 610-565-2980
E-mail Gerard Schrom: gschrom@schromandshaffer.com
 
Over 25 years representing clients in:
Aldan, Aston, Brookhaven, Chester City, Chester Heights, Clifton Heights Collingdale, Colwyn, Darby, East Lansdowne, Eddystone, Folcroft, Glenolden, Lansdowne, Marple, Marcus Hook, Media, Millbourne, Middletown, Morton, Norwood, Nether Providence, Parkside, Prospect Park, Radnor, Ridley Park, Rose Valley, Rutledge, Sharon Hill, Springfield, Swarthmore, Trainer, Upper Darby, Upland, Yeadon,  Villanova, Drexel Hill, Broomall, Lima, Wayne, Ardmore, West Chester, Philadelphia and other surrounding suburbs to name a few!