Philadelphia Wrongful Death Law Blog

Last week, we discussed how legal proceedings were underway in the wrongful death lawsuits filed by the families of two young people killed in a horrific duck boat crash in Philadelphia in the summer of 2010. Specifically, we examined how a federal judge was being called upon to decide whether the recovery of the families should be limited by certain provisions of maritime law, a rather arcane legal area covering work-related deaths, accidents and other injuries occurring on waterways/in boats.

In recent developments, it appears as if this entire legal matter is now drawing to a close after the two families reached a $15 million settlement with Ride the Ducks of Norcross, Georgia, and K-Sea Transportation of East Brunswick, New Jersey.

Back on July 7, 2010, a duck boat operated by Ride the Ducks was giving 35 passengers a tour of Philadelphia when it overheated and stopped in a busy shipping channel.

Shortly thereafter, the 33-foot-long duck boat came was struck by an empty 250-foot-long sludge barge being pushed from behind by a tugboat operated by K-Sea Transportation. The barge essentially ran over the duck boat, sinking it and sending the 35 passengers and two-man crew overboard.

Tragically, two passengers, Szabolcs P., 20, and Dora S., 16, who were visiting the U.S. through a Hungarian church exchange program, drowned in the Delaware River.

Legal proceedings are officially underway in the wrongful death lawsuits filed by the families of two young people killed in a horrific duck boat crash in Philadelphia back in the summer of 2010. However, before these lawsuits can proceed, a federal judge must decide whether the recovery of the families should be limited by certain provisions of maritime law, a rather arcane legal area covering work-related deaths, accidents and other injuries occurring on waterways/in boats.

On July 7, 2010, a duck boat (i.e., a vehicle with wheels that can navigate both on land and in the water) operated by Ride the Ducks of Norcross, Georgia was giving 35 passengers a tour of Philadelphia when it overheated and came to a stop in a busy shipping channel.

(The National Transportation Safety Board would later determine that the duck boat's engine overheated because a mechanic forgot to replace the radiator cap the previous evening. Here, the boat captain mistook the steam for an engine fire and stopped the boat.)

Shortly thereafter, the 33-foot-long duck boat came was struck by an empty 250-foot-long sludge barge being pushed from behind by a tugboat. The barge essentially ran over the duck boat, sinking it and sending the 35 passengers and two-man crew overboard.

Tragically, two passengers, Szabolcs P., 20, and Dora S., 16, who were visiting the U.S. through a Hungarian church exchange program, drowned in the Delaware River.

There is no question that the population of America has become considerably more diverse over the last several decades due to steady immigration rates. As a result, it is fairly common to encounter someone here in America who not only speaks English, but also Spanish, Chinese, German or Japanese, to name only a few languages. However, studies have shown that an estimated 25 million U.S. residents actually have a somewhat limited English proficiency, meaning they speak the language less than "very well" -- something can have profound consequences as far as medical care/medical malpractice is concerned.

According to a recently published study in the Annals of Emergency Medicine, one way to help prevent medical mistakes caused by language barriers between patients and healthcare professionals is by providing a professional translator.

Indeed, the researchers found that medical mistakes that could result in so-called "clinical consequences" were far less likely if professional translators were used instead of amateur translators (i.e., a family member, friend or member of the medical staff) or no translators at all.

There is no question that many employees in the energy sector -- particularly those whose work involves mining or drilling -- are at an elevated risk of work-related deaths or serious work injuries. This is because they are regularly exposed to heavy machinery, volatile environmental conditions and even toxic chemicals. However, what about those who aren't employed by the energy sector but who live in close proximity to where the work is performed?

Interestingly, some physicians here in Pennsylvania are reporting adverse health conditions among people living near natural gas wells. For example, one plastic surgeon reported reoccurring non-cancerous sores among family members living near one such well, and also discovered the presence of several chemicals not naturally present in the human body in the urine samples of people living in that same neighborhood.

Now, some residents and physicians are concerned that the process of hydraulic fracturing or "fracking" may be causing some of these medical conditions. For those unfamiliar with fracking, it is a process whereby a mixture of water and sand mixed with various chemicals are shot deep underground in an attempt to break up shale formations containing gas/oil deposits.

Opponents of fracking have long argued that it contaminates ground water, while proponents dispute these claims, arguing that any chemicals found are unrelated to the process.