About Michael Gaier

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Hospital and Doctors Face Malpractice Action after Death of Twin

Hospital and Doctors Face Malpractice Action after Death of Twin

doctor-baby

The parents of an infant who died in 2014 have filed a medical malpractice lawsuit alleging that Capital Health Medical Center in Hopewell, as well as two doctors on staff there, were negligent in their treatment of the couple’s newborn son, causing the boy’s death. The lawsuit, filed by Jeffery and Jodi Freeman, of Yardley, Pennsylvania, also named The Center for Women’s Health, Lawrence OB-GYN Associates and four registered nurses as defendants.

According to the lawsuit, doctors and nurses on duty on August 21, 2014 failed to properly monitor and respond to the diminished heartbeat of the infant, the second of twins. They say that staff members then employed a vacuum delivery process, rather than caesarean or other methods that would have been less harmful to the child. After delivery, the child was diagnosed with perinatal asphyxia, caused by lack of oxygen and blood flow to the brain.

According to the complaint, Mr. Freeman was with his wife throughout the delivery process and "immediately recognized that malpractice …had occurred." The child was transferred to a neonatal intensive care unit shortly after birth, but was placed on life support for two days. He died hours after the life support was withdrawn.

Hospital officials expressed their condolences and said that they have considerable experience handling challenging and complicated deliveries. They insisted that all proper procedures were followed.

Contact the Lawyers at Shaffer & Gaier, L.L.C.

For a free initial consultation, send us an e-mail or call us in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970. You can also reach our foreclosure hotline at 855-289-1660. Evening and weekend meetings can be arranged upon request. We will travel to your home, if necessary, to meet with you.

Pennsylvania Lawsuit Looks at Liability of Texters

Pennsylvania Lawsuit Looks at Liability of Texters

personal-injury

In a personal injury law suit filed in Pennsylvania, the estate of a motorcyc list who died in a car accident has sought compensation from a female driver who was allegedly distracted by reading and answering text messages while driving. Pennsylvania state law prohibits anyone from sending or reading text messages while behind the wheel. But that’s not the issue before the court right now.

Attorneys for the estate have asked the court to consider whether two men (one was the driver’s husband) who were sending her text messages at the time of the crash may have liability as well. Both men have argued that Pennsylvania’s law does not impose liability on them. The court, however, concluded that simply because there is no law prohibiting sending text messages to someone you know is driving doesn’t mean you won’t have liability for any injuries they cause.

Under personal injury law, some types of liability may be established under a statute, where the violation of that law constitutes liability. However, the principles of the common law have long been applied in personal injury actions. This type of law, based on tradition and case law, sets forth the basic concepts of negligence. With a negligence claim, the court looks at whether or not the defendant had a duty to act in a certain way—what the law defines as "reasonable"—and whether that person’s actions violated that standard.

In the case in Pennsylvania, the court reasoned that, when a person knows that the recipient of their text messages is currently driving a motor vehicle, or has good reason to believe so, it is reasonable to expect that their text messages could distract that person from the task at hand—driving the vehicle. Accordingly, it is possible that they will have some responsibility for injury or death caused by the text message recipient.

Contact the Law Office of Shaffer & Gaier, L.L.C.

At Shaffer & Gaier, we offer a free initial consultation to every client. To set up an appointment, contact us online or call our office in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970. Evening and weekend meetings can be arranged upon request. We will travel to your home, if necessary, to meet with you.

Fannie Mae Is Getting More Detail On Borrowers Applying For Mortgages

Mortgage and down payment

Borrowers seeking home loans should know that many mortgage lenders will now be scrutinizing more detailed credit data. This is because Fannie Mae has revised its risk-assessment software to include an expanded version of a borrower’s credit report which will include more information about how a borrower has paid his or her credit card bills over the past two years. This change took effect on September 24, 2016. According to a product manager in Fannie Mae’s single-family homes division, this revision will help lenders predict whether borrowers are likely to repay their mortgage. In these new reports, lenders will be able to see the actual amount a potential borrower paid each month, over a 24-month period. Additionally, the lender can see if the borrower paid off a card balance in full each month, if they made just a minimum required payment and if they paid more than the minimum. Borrowers who pay in full or pay more than the minimum payment will be deemed as less risky. In addition to this new data, lenders will also be evaluating borrowers with other criteria, such as the borrower’s income/overall debt burden and the size of the loan relative to the property’s value.

It May Be Time to Think About Refinancing Your Mortgage (Again)

House made of dollar bills

Due to shifts in global bond markets, the average interest rate on a 30-year fixed-rate mortgage was 3.49 percent on Monday, which is down from 4.2 percent a year ago. Therefore, it’s a good time to check the rate on your home mortgage because you might be able to save money from refinancing.

According to The New York Times, mortgage rates could even fall further in the upcoming weeks as banks begin to pass more of the savings from low rates in the bond market through to customers. Since refinancing makes sense when rates have fallen by a full percentage point, people who took out loans before 2010 or at the prevailing rates in 2013 and 2014 might see favorable economics for refinancing. Additionally, lower rates make it a good time for people to refinance if they want a different type of mortgage. In addition to talking with a mortgage broker or a banker, you can use this link to figure out whether refinancing might make sense in your situation. Unfortunately, as has always been the case, there is no way to know whether rates will pop back up or continue to drop.

Trucking Accident Yields Sizeable Settlement

Shaffer & Gaier was able to secure a sizeable settlement for a driver who was rear ended by a tractor trailer in NJ. Our client was traveling in NJ and was stopped in a traffic jam. The driver of an 18 wheel tractor trailer smashed into her vehicle causing her significant injuries. Although our client had neck and back injuries, her main complaint was to her hearing. Due to the deployment of her air bags, our client had constant ringing in her ears and hearing loss.

Shaffer & Gaier provided expert testimony that proved that the ringing in her ears was caused by the auto accident. As a result of this, Shaffer & Gaier secured a substantial settlement on her behalf.

Mortgage Foreclosure Defense Authority Presents Educational Program to Voorhees Homeowners

Philadelphia, PA (September 11) — Area mortgage foreclosure defense authority Michael H. Gaier, Esq. recently presented a foreclosure defense seminar to homeowners at the Voorhees Camden County library.

In his presentation, Gaier, a Haddonfield resident, provided in-depth insight into how homeowners who have become delinquent in their mortgage payments have numerous legal options to save their home, either in conjunction with a foreclosure action or with other remedies.

Some of the topics addressed included:

    Why homeowners don’t have to leave just because the bank says so
    How homeowners can stay in their homes
    Options available that homeowners aren’t aware of

For over four years, Gaier has represented hundreds of homeowners in Pennsylvania and New Jersey, successfully securing principal loan reduction, dismissals of foreclosure lawsuits and loan modifications. In addition to defending homeowners when the bank sues them, Gaier has successfully filed dozen of lawsuits against the “big banks,” including Bank of America, Wells Fargo and Chase Bank for predatory lending and loan servicing mistakes.

Michael Shaffer Named to Montessori Board

Philadelphia, PA (July 17) –– Philadelphia area plaintiff’s attorney Michael Shaffer was recently appointed to the Board of Trustees for the Bala House Montessori School in Bala Cynwyd, PA.

The Bala House Montessori School was founded in 1969 supporting communities in Montgomery County and the City of Philadelphia.

Shaffer, a Lower Merion resident, was originally general counsel to the Bala House and oversaw its construction and renovation project in 2003. He was nominated for a two-year term to the Board of Trustees for the Bala House Montessori School beginning for the academic year of September 2013.

Since 1990, Mr. Shaffer has dedicated his practice to representing individuals who have been injured both on and off the job representing many families for wrongful death, and individuals who have suffered severe vehicle accidents; traumatic brain injuries; severe burns; paralysis; and other types of catastrophic and career-ending injuries.

Shaffer & Gaier offers more than 45 years of combined legal experience to individuals and businesses in the areas of foreclosure defense, commercial litigation, personal injury and medical malpractice. To learn more, visit the Firm’s website.

Lunch and Learn Seminar Series: ‘Don’t Lose Your Shirt and Your Home – What Professionals Must Know About the Tricky Area of Foreclosure’

Philadelphia Attorney Michael H. Gaier, Esq. Gains Top Status With Martindale-Hubbell Rating

Philadelphia – January 29 – Philadelphia’s foremost mortgage foreclosure defense authority, personal injury and commercial litigation attorney, Michael H. Gaier, Esq. was recently rated “AV – preeminent” by Martindale-Hubbell, scoring 4.8 out of 5.0.

He joins a select group of lawyers recognized for their legal ability and professional ethical standards.

Gaier, a Haddonfield, NJ resident, has advised and successfully represented hundreds of metro Philadelphia property owners in mortgage foreclosure defense lawsuits, predatory lending actions, strategic defaults, and loan modifications.

He also maintains an active commercial litigation and successful personal injury practice, placing him in the courtroom on a regular basis. Among his professional activities, Gaier is a member of the Pennsylvania Association For Justice (formerly Pennsylvania Trial Lawyers Association); Philadelphia Trial Lawyers Association; Pennsylvania, Philadelphia; and Camden County Bar Associations.

He is a frequent speaker before legal, business and community groups on a variety of legal topics.

Gaier is admitted to practice law in Pennsylvania and New Jersey.

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