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Gloucester Man Killed by Wrong-Way Driver

Wed, 17 Mar 2010 08:00:00 EST

Robert Wade Brooks was driving his Ford Escort on Route 199 on the overpass of Interstate 64 (I-64) when his life came to a tragic end. Mr. Brooks' car was hit by a wrong-way driver resulting in his death, according to The Virginian-Pilot.

It's always tough to hear about a loss of life in a car wreck, but it's especially frustrating to hear about accidents that are preventable, and many wrong-way driving accidents are exactly that. We don't know why the at-fault driver was traveling the wrong way on the road, but we do know they were charged with reckless driving.

Sadly, wrong-way driving accidents are not uncommon in Hampton Roads. Two fatal wrong-way driving wrecks occurred (on I-264 and I-295) just a few months ago. However, these types of accidents are not relegated to Virginia (VA). In fact, roughly 350 people die every year in the U.S. in wrong-way car crashes, according to the Federal Highway Administration. From 1996 through 2000, over 1,700 people lost their life in wrong-way wrecks.

But statistics aside, we cannot lose sight of the fact that a man was killed in a terrible accident. I want to send my deepest sympathies to Mr. Brooks' family. Just imagine going about your day and then getting a call from the police saying a loved one was killed in a car crash. It's a pain I wish no one had to suffer.

I was just with a client at a traffic case against the man who killed this client's son in a wreck. The judge let the bad driver off on the criminal charge of reckless driving. It was very frustrating to the victim's family. I plan to get the young man's dad, mother, and his child some justice in the civil case. However, the charge of reckless even with a conviction seems a small price for the loss of life caused by dangerous motor vehicle operation out of which another person dies.

Medical Malpractice Victim Receives $2 Million Jury Verdict in Richmond Circuit Court

jlewis@hsinjurylaw.com (Blog Author)28519 — Wed, 17 Mar 2010 08:00:00 EST

A 54-year-old individual living in Weems, Virginia (VA) was suffering from intense stomach pain and decided to get treatment at the Rappahannock General Hospital on a Saturday. Tests indicated they had a large bowel obstruction. Unfortunately, they didn't receive the operation they desperately needed until Tuesday. By that time, the patient suffered a "perforated cecum." The cecum is a pouch near the beginning of the large intestine that collects waste material, according to medterms.com. This led to the patient's abdomen getting contaminated with fecal matter and eventually developing sepsis.

The patient was subsequently transferred to VCU Medical Center and had to undergo numerous corrective surgeries over a course of five weeks to try and fix what went wrong at the Rappahannock General Hospital. Today, the patient is forced to wear a colostomy bag.

Just imagine, you go into the hospital with stomach pains on a Saturday and you don't get out until five weeks later and now with a colostomy bag forced to be a part of your daily life. That's a traumatic situation no one should have to endure. This may have been prevented if the doctor at Rappahannock had taken more timely action, but we'll never know.

Fortunately, the victim sought the council of an attorney and received a $2 million jury verdict in a Richmond Circuit Court. The jury understood that this was a clear case of medical negligence and the victim was justified in pursuing compensation to help cover medical bills (which totaled over $400,000), lost wages, and pain and suffering.

Our firm handled a similar case. We represented the estate of a 56-year-old retired FBI agent who reported to his family doctor that he had been suffering from chest pains for three days, which was radiating into his jaw along with blurred vision. He then went to the emergency room but wasn't properly diagnosed. He was released with an appointment to see an ENT doctor, despite the fact that no diagnostic tests were conducted. Four days later, the FBI agent died at his home of a dissecting aortic aneurysm. Once again, this was a preventable incident and a clear case of medical negligence. A lone bright spot in this tragic situation was that we were able to successfully obtain a jury verdict for the decedent's family.

If you've been hurt and suspect the injury was due to a medical mistake or surgical error, please consult with an attorney. A lawyer won't be able to reverse the physical damage caused by the injury, but can pursue compensation to help cover important expenses that your insurance may not cover.

Hit-and-Run Accident on I-95 Leaves Franklin Man Seriously Injured

Wed, 17 Mar 2010 08:00:00 EST

A 73-year-old man from Franklin, Virginia (VA) was standing by his Ford Taurus on Interstate 95 (I-95) early in the morning (around 4:15am) on March 15 when a terrible accident occurred. Another car drove by and slammed into both the Taurus and the 73-year-old man, according to Tidewaternews.com. If that wasn't bad enough, the at-fault driver fled the scene and just left the Franklin man to fend for himself.

The Franklin man is being treated at Fairfax Inova Hospital in Fairfax, VA. He suffered very serious injuries and there's no word whether he'll pull through at this point. I want to send my best to the victim and hope they survive this traumatic ordeal.

Getting into a car wreck is bad enough, but having the at-fault driver flee the scene makes a bad situation even worse. You might be asking yourself, "If police can't track down the at-fault driver, how will the victim cover their medical bills and get compensation for lost wages, pain and suffering, etc.?" It's a good question and everyone should be prepared to handle a situation like this if they fall victim to a hit-and-run driver.

In Virginia, car insurance policies are required to have what's called uninsured/underinsured motorist coverage and you can obtain compensation through this provision. Essentially, your car insurance company provides a legal defense to the hit-and-run driver, even if they are never located, and the insurance company must pay up to the total uninsured motorist insurance coverage the policy provides (this depends on the severity of your injuries and the damages). Best of all, in the Commonwealth, your car insurance rates may not be increased simply for making this type claim, as long as the accident is not your fault.

Given the complexity that can arise from this type of car accident situation, we've written a special, in-depth consumer report about how to deal with uninsured/underinsured drivers and ways to protect yourself. Download the uninsured/underinsured driver report here for free.

Woman in Wheelchair Killed While Crossing Constance Road in Suffolk

jlewis@hsinjurylaw.com (Blog Author)28400 — Tue, 16 Mar 2010 08:00:00 EST

Betty Jean Artis decided to cross Constance Road in Suffolk, Virginia (VA). It was a road many pedestrians crossed due to its proximity to the Plaza West Shopping Center which featured many shops and restaurants. Unfortunately, Mrs. Artis, who was wheelchair-bound, never made it across the road. She was hit and killed by an SUV.

The driver of the SUV was charged with driving on a suspended license, according to the Virginian-Pilot.

I want to send my deepest sympathies to Mrs. Artis' friends and family. She was apparently active and involved in the Chorey Park Apartment Complex Resident Council. Her life was changed in 2001 when she was involved in a car accident, which forced her to use a wheelchair. Despite this adversity, she remained optimistic.

"She used to say, 'I don't have my car, but at least I can roll around,' " said Brandon Randleman, her nephew, according to the Pilot article.

Sadly, numerous pedestrian crosswalk accidents result in a loss of life or very serious injury. This could be why Virginia implemented specific laws for pedestrian crosswalks. These crosswalks are the painted area at an intersection on a highway which has a speed limit of 35 miles or less. When a pedestrian is crossing a highway in a clearly marked crosswalk and the speed limit is less than 35 miles per hour, the driver of any car, SUV, truck, etc. approaching that crosswalk is required to change course, slow down or come to a complete stop, if that maneuver is necessary to allow the pedestrian to cross safely. This is a special law that offers extra protection to pedestrians who are crossing streets in clearly marked crosswalks, and protects them from personal injury or death in crosswalks.

There is a clearly marked crosswalk between on Constance Road leading to the Plaza West Shopping Center (view the Google map below). Whether Mrs. Lantis used this specific crosswalk is still unknown.

View Larger Map

Distracted, Fatigued School Bus Driver Charged With Causing Fatal Accident in Pennsylvania

Tue, 16 Mar 2010 08:00:00 EST

"Between a sleepless night at his second job, conversation on his cell-phone headset, and fiddling with the iPod at his side, Frederick R. Poust III appeared to save little concentration for the job he was supposed to be doing on Feb. 17: driving a school bus loaded with 45 children to Perkiomen Valley Middle School West."

This is the first paragraph of a March 16, 2010, Philadelphia Inquirer article reporting the filing of vehicular homicide and reckless endangerment charges against a school bus driver who, prosecutors allege, caused the death of a car's driver one month earlier. The bus driver was apparently caught on camera running 10 stop signs before making an unsafe left turn into the path of an oncoming car. No children on the bus suffered serious injuries.

My colleagues and I have written often about the dangers of both drowsy driving and distracted driving, which are not isolated to school bus drivers in Pennsylvania, Virginia or anywhere else. Study after study has shown that driving while using handheld electronic devices such as cell phones and iPods is at least as dangerous as driving drunk. At the same time, people who drive cars, trucks or busses when they should be sleeping cause thousands of serious injuries, and even deaths, in car and truck accidents each year.

The idea that a school bus driver would drive while both fatigued and distracted is almost unthinkable. In mid-February, the unthinkable not only became real, it became tragic. School bus drivers hold the lives of children in their hands. They also have a duty to drive safely so that other people in other cars and trucks are not put at risk. The accident north of Philadelphia shows what happens when bus drivers do not live up to their responsibilities.

EJL

Announcer Hit by Monster Truck in Charlottesville

jlewis@hsinjurylaw.com (Blog Author)28348 — Tue, 16 Mar 2010 08:00:00 EST

A monster truck show at John Paul Jones Arena in Charlottesville, Virginia (VA) took a turn for the worse when one of the trucks ran over the announcer of the show.

The announcer, Ken Dickenson, is being treated at the University of Virginia Medical Center but there's no word as to how bad his injuries are. Considering the size and sheer power of a monster truck, the chances of serious injury are higher than average.

The question everyone seems to be asking is, "How could something like this happen?" No definitive answer has been provided. It appears there was miscommunication, poor coordination, and possibly even negligence among the management at JPJ Arena.

Shawn Metcalf, one of the spectators at the event, said JPJ management should make safety a top priority. "What they should do is make some changes and implement a safety program, get some help from the outside or whatever to come up with some solutions and ideas that would prevent it from future problems," according to dailyprogess.com.

Sadly, this isn't the first time a monster truck accident has occurred. In fact, these types of accidents have resulted in tragic consequences. A promoter was killed after a monster truck ran over him in Madison, Wisconsin back in January of 2009, according to CNN. In addition, a six-year-old boy was killed by debris during a monster truck show in Tacoma, Washington.

There needs to be some type of safety oversight at these events. Suffering a loss of life or serious injuries at a monster truck show is unacceptable.

Small Plane Kills South Carolina Beachgoer While Making Emergency Landing

jlewis@hsinjurylaw.com (Blog Author)28302 — Tue, 16 Mar 2010 08:00:00 EST

A small plane returning to Norfolk from Orlando, Florida (FL), on the afternoon of Monday, March 15, experienced catastrophic mechanical failures and killed a man on a Hilton Head, South Carolina (SC), beach when the plane's pilot attempted an emergency landing.

The Island Packet, which reports on news concerning Hilton Head, noted that the propeller of the single-engine Lancair IV-P came off and that the cockpit windshield became covered in engine oil before the pilot brought the plane down. The plane is registered in Chesapeake, Virginia (VA), and had flown from Hampton Roads Executive Airport to Orlando earlier in the day on Monday. Representatives of the National Transportation Safety Board are heading up the investigation into the fatal accident.

Determining why the engine died and the prop detached could take months. One conclusion could be that the plane was incorrectly constructed or maintained. The author of a Bend (OR) Bulletin article about accidents involving Lancair aircraft noted that the planes are kits that owners put together themselves. As a small plane pilot myself, I know that none of my flying colleagues would ever intentionally construct or operate an unsafe plane. I also know how complex a piece of machinery a plane is, though, and how easy it is to overlook small imperfections or problems waiting to happen.

According to the NTSB, 495 people died in general aviation accidents in the United States during 2008. These fatalities involved pilots, passengers and people on the ground. Each of the accidents had its specific cause -- ranging from severe weather to pilot error and problems with the planes themselves. Each accident also ended one or more lives too soon.

My thoughts go out to the family and friends of the man killed Monday.

EJL

Car Driver Trying to Beat Utah (UT) Commuter Train Kills Self, Passenger

Mon, 15 Mar 2010 08:00:00 EST

In his latest post to the Railroad Accident/FELA Lawyers Blog, my colleague John Cooper relates the news of a light-rail crossing accident in which a car’s driver and passenger died and two other people riding in the car suffered critical injuries. The accident occurred in Salt lake City, Utah (UT), and crossing gates were reportedly down, meaning the car wound up in the TRAX train’s path despite seemingly adequate warning and the presence of a physical barrier. John notes that railroad track crossing accident put car and truck drivers, rail crew members and train passenger at serious risk. He also concludes that crossing signals and barriers only work when people heed them.

EJL

Senator's Wife and Daughter Suffer Serious Injuries in Chain Reaction Car Accident

Mon, 15 Mar 2010 08:00:00 EST

Lara Reid and Lana Barringer, the wife and daughter of Senate Majority Leader Harry Reid (D-NV) were seriously injured in a major car wreck on Interstate 95 (I-95). Mrs. Reid suffered a broken neck, broken back and broken nose, according to justicenewsflash.com. Both Mrs. Reid and her daughter received medical treatment at Inova Fairfax Hospital in Virginia (VA). Mrs. Reid had to undergo surgery for her injuries.

Here's a video of a news report on this car crash...

The wreck was categorized as a "chain reaction" crash involving a mini-van, tractor trailer, SUV and sedan, according to Politico. Mrs. Reid and her daughter were driving in the mini-van (a Honda Odyssey) and were stopping for traffic ahead when they were rear ended by the tractor trailer (who failed to stop) and the Odyssey hit a car.

The driver of the tractor trailer was charged with reckless driving, according to the Associated Press.

Our firm has written about chain reaction car accidents and the havoc that can ensue from this type of wreck. It's also especially problematic after the crash trying to work with your insurance company (and the other driver's insurance companies) to determine liability. Obtaining a copy of the accident report is a good way to start figuring this issue out. The fact that charges have been brought against the tractor trailer driver will also help clarify fault.

One bright spot in this terrible accident is the fact that Mrs. Reid and her daughter survived (both were wearing their seat belts). Given the fact that their mini-van was crushed from both ends, it wouldn't be a stretch to say that this accident could have been a lot worse.

SUV Hits, Kills Woman in Wheelchair in Suffolk, Virginia (VA)

jlewis@hsinjurylaw.com (Blog Author)28228 — Mon, 15 Mar 2010 08:00:00 EST

Rain and darkness may have contributed to a fatal pedestrian accident in Suffolk in which an SUV struck a woman using a wheelchair to cross a busy street. My colleague Emily Mapp Brannon notes in her latest post to the Norfolk Injuryboard, however, that other factors may have played roles in the accident. Drivers are bound by law to yield to pedestrians in marked crosswalks, but pedestrians also must cross streets only when traffic conditions make it safe to do so.

EJL

Toyota Execs Appear to Be Avoiding Depositions

jlewis@hsinjurylaw.com (Blog Author)28143 — Fri, 12 Mar 2010 08:00:00 EST

A Circuit Court Judge ordered Jim Lentz, president of the U.S. side of Toyota and Yoshi Inaba, CEO and chairman of the car company to appear for depositions. Both Mr. Lentz and Mr. Inaba recently appeared before Congress to testify about the sudden acceleration problems found in many of their most popular cars including the Toyota Camry, Corolla and Prius.

Mr. Lentz and Mr. Inaba appealed the deposition order and are continuing to avoid sitting down and being scrutinized by the plaintiff’s attorneys who are representing victims who’ve been seriously injured in car wrecks and families who lost a loved one in a car crash, possibly due to a Toyota unexpectedly speeding up.

Over eight million Toyota vehicles have been recalled but the problem apparently hasn’t been solved. After Toyota proclaimed they found a “fix” by adding a metal shaft to the accelerator pedal, a Toyota Prius suddenly accelerated to 94 miles per hour and the driver was put at serious risk of serious injury. Fortunately, police came to the rescue and were able to help stop the Prius before it crashed into another car, or into a tree.

Here's a video of the dramatic, sudden Prius speed up...

Could the continued problems with their gas pedal and sudden acceleration be the reason Mr. Lentz and Mr. Inaba are avoiding depositions? Maybe. The deposition process can play a critical role in determining the outcome of a lawsuit. Basically, a deposition is a formal legal process where someone testifies under oath with a licensed court reporter/stenographer present to record the testimony.

If Mr. Lentz or Mr. Inaba say something contradictory or withhold information regarding what they knew about the acceleration problems, and when they knew it, during the deposition, it can (and should) be used against the company in court. Members of Congress have already suggested the company misled the public about the extent of the gas pedal problem and placed profits over safety, according to the Huffington Post.

Nevertheless, coming clean and being as transparent as possible is probably the best course of action for Toyota at this point. Their reputation has already been tarnished and that won’t change if executives are avoiding a fundamental legal process – giving a deposition.

Ten DUIs for Tennessee Man Settles Question of How Many Is Too Many

Fri, 12 Mar 2010 08:00:00 EST

The Daily Press on March 12, 2010, posted an AP article titled "Tenn. Man Stopped for Suspected DUI for 10th Time, Tells Police, 'Do What You Gotta Do'" to the Weird News section of its Web site.

Ha hah ha. Right?

Wrong.

Clicking over to the fuller local report of this shocking incident published by the Kingsport, Tennessee (TN), Times-News reveals that the 57-year-old man was driving his Ford Bronco as slowly as 20 mph on Interstate 26. When police officers signaled the drunk driver to pull over, he "weaved from the outside lane of traffic into the emergency lane and continued on 'for a short distance.'" When the man did stop, he did not put his SUV into park, and it rolled backward until an officer was able to shift the transmission.

The man was too drunk to know which state he was driving in; he told officers he believed he was in nearby southwest Virginia (VA). How the drunk driver did not crash and injure or kill himself or drivers and passengers in other cars and trucks is a small miracle. As the tragic DUI accident that claimed the life of a 16-year-old Kempsville High School varsity baseball pitcher last weekend showed, it takes only one poor decision to drive after drinking too much alcohol or doing drugs to kill.

The Tennessee man has made the potentially deadly choice to drive drunk who knows how many times. He has been cited for DUI 10 times, but statistics show that most people who drive drunk do so without being caught, even when those people cause accidents. Since drunk and drugged drivers kill or injure thousands each year, judges should seize any opportunity to take a person arrested for multiple DUI violations off the road for good. The 10-time loser in Tennessee had already had his license revoked, but jail seems the only way to protect the public from him.

EJL

Livestock Truck Accidents Cause Serious Injuries, Death

Thu, 11 Mar 2010 08:00:00 EST

My colleague John Cooper, in his latest post to the Greenville, OBX & Rocky Mount, North Carolina (NC) Injuryboard takes a serious look at a traffic accident many people could be tempted to treat lightly. The incident involved a livestock truck that failed to slow down when approaching an SUV, injuries to both drivers and the premature deaths of nearly three dozen cows on their way to the slaughterhouse. John notes that hundreds of fatal semi, 18-wheeler and tractor-trailer accidents occur each year because the commercial truck drivers operate their vehicles in unsafe ways.

EJL

Virginia Beach Student Killed in Car Wreck Remembered as Jovial and "Well-Liked"

Wed, 10 Mar 2010 08:00:00 EST

A 16-year-old baseball player who attended Kempsville High School was taken from us far too soon in a tragic car wreck. He was a passenger in a car that crashed into a tree on Avalon Avenue in Virginia Beach, Virginia (VA).

Losing a loved one in an accident is always awful; a pain so severe that words can barely describe the torment. But losing someone so young with so much promise makes matters even worse. I can't imagine what the family is going through right now. My deepest condolences go out to the parents and relatives.

Our firm wrote about this terrible car accident and the outpouring of concern and remembrance from friends and classmates has been tremendous. A Facebook group was created in memory of the teen and it now features nearly 1,500 members.

The general consensus is that this burgeoning baseball talent was very well-liked and had a great smile, according to The Virginian-Pilot. Teachers described the teen as a good student and enjoyed playing on the high school baseball team.

This tragedy emphasizes the unintended consequences of driving while intoxicated. The driver of the car who caused the car crash, a fellow 16 year old, was apparently drinking and driving (he was charged with a DUI and involuntary manslaughter). Hopefully, the students at Kempsville High School, and high schools around the Commonwealth, will take notice and exercise responsible behavior while behind the wheel in the future.

But right now, the family and friends of this teen should try to stay focused on remembering the good times.

Toyota Recalls Prompt New Looks Into Fatal Car Accidents

Wed, 10 Mar 2010 08:00:00 EST

After a Minnesota man driving a 1996 Toyota Camry crashed into and killed a driver and two passengers in another car in 2006, the man was sentenced to eight years in prison for vehicular homicide. The man has maintained since the day of the accident that his car unexpectedly sped up as he travelled up an interstate onramp and that applying his brakes did not work to slow down his Camry.

When a Michigan woman driving a 2005 Camry slammed into a tree and died in 2008, crash investigators determined the single-car accident was due to driver error. The woman's family insists that she "vigorously applied her brakes" but could not slow her car down after it suddenly accelerated from 25 mph to 80 mph.

A list of 41 incidents in which people were injured and killed following the sudden and uncontrollable acceleration of Toyota vehicles including Avalons, Corollas, Highlanders, Priuses and Tacomas appears in the online version of the Los Angeles Times. I have singled out the wrecks in Michigan and Minnesota because the recent recalls of more than 8.5 million Toyota and Toyota subsidiary Lexus cars, SUVs and pickup trucks have reopened the investigations into the actual causes of those fatal accidents.

Neither the 1995 nor 2005 Camrys were recalled for the floor mat or mechanical accelerator problems Toyota officials have identified as causes of sudden acceleration in their vehicles. However, if investigators do find defects in those Camrys, the Minnesota man could receive a new trial and the families of the people who lost their lives could have grounds to file wrongful death suits against Toyota. A Michigan court has already ordered company representatives to appear and explain how a problem with the car itself could not have been the reason for the crash that killed the woman.

According to the Associated Press, Toyota is facing at least 89 class action lawsuits related to its admission that some of its cars, SUVs and pickup trucks could run out of control and lead to deaths and injuries. How any of these suits will turn out remains to be seen. What is undeniable, though, is that people harmed by poorly designed, poorly constructed and potentially defective products have the right to seek compensation for any pain or suffering they suffered as a result from those products. If courts and juries find that Toyota acted irresponsibly in selling defective products or acting too slowly to fix known problems with its vehicles, each victim of sudden acceleration in Toyotas and Lexuses deserves justice.

EJL

Norfolk Southern Required to Pay Multi-Million Dollar Penalty for Accident Releasing Toxic Chlorine Gas

Tue, 09 Mar 2010 08:00:00 EST

After five long years, it appears a resolution has been reached in the case revolving around a deadly chlorine gas spill in Graniteville, South Carolina (SC). A settlement between Norfolk Southern (NS) and the Justice Department was reached where NS agreed to pay a $4 million penalty for the accident. The multi-million dollar penalty includes fines for violating the Clean Water Act and Comprehensive Environmental Response Compensation and Liability Act, funds for incident command system training to environmental and transportation personnel, and re-stocking a pond with 3,000 fish that were killed by the chlorine gas, according to The Virginian-Pilot.

The original incident occurred in 2005 when a railroad switch was left in the incorrect position by a prior NS crew. Because this stretch of track was in "dark territory" (lingo meaning dispatchers and crews have no advanced electronic warning signals showing a switch position) the train crew (engineer, brakeman, and conductor) with the cargo including chlorine gas slammed through the area in the wrong way due to the switch. The train derailed and one of the tank cars was punctured releasing the chlorine gas. This gas was extremely toxic and it spewed all over the small town of Graniteville killing nine people and causing devastation. It turns out the chlorine was the same toxic gas that was used in an attack over in Iraq.

"It was the worst thing we experienced in this area and we pray we never experience anything like it again," said Phil Napier, chief of the Graniteville Volunteer Fire Department.

Here's a video made by a survivor of the railroad accident...

No amount of money will ever be able to fully compensate for the loss of life from this terrible accident. However, these types of settlements send a signal in the railroad industry that more of an emphasis needs to be placed on safety and following proper environmental protocols. Furthermore, the accident itself led to calls for electronic switches and new train control systems, amongst other safety changes.

The NS settlement is considered "on the upper end" of penalties leveled on a rail company. "It ranks near the top 10 environmental penalties since late 2007," said Eric Shaeffer, who works for the Environmental Integrity Project. Nevertheless, when you consider they violated two major environmental regulations and nine people were killed, it could be argued the settlement wasn't large enough.

Teen Passenger Killed in Virginia Beach Car Wreck

Mon, 08 Mar 2010 08:00:00 EST

A varsity basketball player for Kempsville High School was tragically killed in a car accident on Avalon Avenue in Virginia Beach, Virginia (VA). The teenager was a passenger in a 1999 Oldsmobile that was driven by another teen, according to the Daily Press. Police have charged the driver with a DUI and involuntary manslaughter.

View Larger Map

As the father of two young daughters and a son, I want to send my deepest sympathies to the parents who lost their son, who was just 16 years old, in this horrible accident. That's a loss I wish no parent had to endure.

It's so frustrating to hear about these kinds of fatal car crashes where the driver was potentially intoxicated. This accident may have been prevented if the at-fault driver had exercised some responsibility and not driven under the influence. Police also need to look into who supplied the alcohol to the at-fault driver, who was also only 16 years old.

In Virginia, selling alcohol to a minor is a class 1 misdemeanor (Virginia Code 4.1-304 ) which is an offense with possible jail sentence of one year, and possible fine of $2500. If it turns out someone at a grocery store or some other business sold alcohol to the driver, police should definitely consider pressing charges.

Sadly, the loss of life from alcohol-related car accidents is becoming increasingly common in the Commonwealth. In fact, alcohol-related wrecks have increased 3 percent from 2003 to 2008, according to the Virginia DMV. In Virginia Beach, there were 612 car crashes where alcohol played a role in 2008.

The Commonwealth can do better than this. We need to stress to our teen drivers that drinking while under the influence of alcohol, or another substance which impairs reaction time and the ability to properly handle a vehicle, is completely unacceptable.

Virginia Beach Teen Dies in DUI Accident Caused by Another Teen

Mon, 08 Mar 2010 08:00:00 EST

In her latest post to the Virginia Beach Injuryboard, my colleague Emily Mapp Brannon notes with sadness that a student at Kempsville High School student died in a DUI accident early in the morning of March 7, 2010. The driver behind the wheel in the single-car crash was another teen. Emily discusses the terrible toll drunk and drugged drivers take on the roads and highways of Virginia (VA) and throughout the United States.

EJL

Chesapeake Police to Begin Carrying Tasers

Mon, 08 Mar 2010 08:00:00 EST

My colleague Randy Appleton notes in his latest post to the Norfolk Injuryboard that police officers in Chesapeake will begin carrying Tasers [URL to come]. Police in every other Hampton Roads city patrol the streets with stun guns, as well. While the weapons can reduce the need for officers to use guns or other forms of physical force to subdue suspects, Tasers have also been linked to serious injuries and deaths. A 2009 incident in which a Hampton man lost his life after being shocked is still under investigation.

EJL

Loss of Life Resulted from Virginia International Terminal's Safety Violations

Sun, 07 Mar 2010 08:00:00 EST

There have been 17 safety violations in the past five years committed at Virginia International Terminals. This may not look like a large amount, but consider 10 of those violations were considered "serious" which means they had a "substantial probability that death or serious physical harm could result and where the employer knew, or should have known, of the hazard," according to the Virginian-Pilot. In fact, six of these violations resulted in the loss of life of an employee.

The most recent fatal industrial accident occurred in December when David B. Weiland, a longshoreman who worked at Norfolk International Terminals, was killed after a worker slammed a straddle carrier into a light pole which fell onto Mr. Weiland's car. Our firm wrote about this terrible accident when it first occurred and wondered what could have been done to prevent this incident from occurring.

It turns out actions could have been taken by Virginia International Terminals. They were fined $7,000 by OSHA (the maximum allowable penalty) after they found egregious violations, including the fact that the at-fault worker was involved in multiple accidents but was still allowed to operate the potentially dangerous equipment.

The officials at Virginia International Terminals need to take a serious look at their safety regulations and potentially make some dramatic changes. Again, 17 safety violations in five years may not sound like a lot, but even a single serious industrial accident is one too many, especially considering there were six lives lost in these tragic incidences.

Malpractice Reform Would Save Little Money, Harm Patients Already Injured

jlewis@hsinjurylaw.com (Blog Author)27820 — Sun, 07 Mar 2010 08:00:00 EST

Federal and state lawmakers continue to call for "tort reform" as a way to reduce overall health care costs. The politicians argue that making it harder for patients to sue health care providers who commit errors and capping awards to successful plaintiffs would save money. They are doing this despite growing evidence that malpractice verdict and settlement payments, and even the costs practitioners' bear for malpractice insurance, represent a very small fraction of the more than $2 trillion spent on medical treatments, surgeries and medications each year in the United States.

The latest data showing that efforts to cap malpractice awards and limit the numbers of reasons patients and their families can sue doctors, nurses, dentists and pharmacists for injuries or wrongful deaths are both unnecessary and unfair come directly from the largest pool of data regarding U.S. malpractice costs, the federally maintained National Practitioner Data Bank. The consumer advocacy group Public Citizen crunched the numbers on total health spending and malpractice costs from 2000 through 2009 and found the following:

Health care spending rose 83 percent while medical malpractice payments fell 8 percent. (Both figures are in unadjusted dollars.)
A total of 10,772 payments were made on behalf of doctors in 2009, totaling $3.49 billion. That figure equals 0.14 of one percent of the Centers for Medicare & Medicaid Services' estimated $2.5 trillion in overall U.S. health care spending for 2009.

Virginia is one of several states that cap monetary damage awards for victims of medical malpractice. While some states are reconsidering the fairness of such caps, and Illinois recently had its medical malpractice cap law declared unconstitutional, federal restrictions on victims rights may come under the guise of health care reform.

My colleagues and I have spent decades representing people harmed by medical mistakes, surgical errors, neglect by health care providers and incorrectly dispensed and administered medications. We have seen firsthand the pain, suffering and financial losses victims of medical malpractice incur. patients hurt by the mistakes or inattention of health care providers need to have the right to seek fair compensation for their injuries.

EJL

Illegally Operating Bus Crashes, Kills 6 and Injures 16 in Arizona (AZ)

Sat, 06 Mar 2010 08:00:00 EST

Just before sunrise on March 5, 2010, a tour bus carrying 22 passengers from Mexico to California (CA) ran off an Arizona (AZ) highway, rolled and killed six riders. Another 16 passengers suffered injuries requiring hospital care.

Making the tragic situation worse, newspapers such as the Arizona Republic are reporting that the California company that operated the bus, Tierra Santa Inc., "has a history of safety violations, no federal record of insurance and could not legally carry passengers in Arizona." This inexcusable situation is unfortunately common.

As I noted last summer, an analysis of data from the Federal Motor Carrier Safety Administration, which regulates interstate buses, showed that nearly two dozen companies ordered to cease operations after committing serious safety violations continued to put their vehicles on the road. Bus safety has received increasing attention as the number of incidents such as this week's elementary school bus accident in Portsmouth, last fall's accident involving a bus bringing the King's Fork field hockey team back from a game and the 2008 fatal bus crash near Houston in which, again, passengers traveling from Mexico died by the side of a highway.

When children or adults board a bus, they literally entrust their lives and health to the driver and the bus company, school district or transit agency that operates the bus. Tierra Santa Inc. appears to have violated this trust with passengers aboard its bus Friday morning by running an unsafe bus and operating in defiance of applicable laws. My thoughts go out to those who lost their lives and became hospitalized, as well as to the victims' families.

EJL

Pilot Killed when Cessna T303 Crusader Airplane Crashed in Louisa, Virginia

jlewis@hsinjurylaw.com (Blog Author)27743 — Fri, 05 Mar 2010 08:00:00 EST

A twin-engine Cessna T303 Crusader crashed into a house in Louisa, Virginia (VA). The pilot, named James A. Youngquist, died as a result, according to the Associated Press. Youngquist was a resident of Reston, Virginia (VA), according to godanriver.com

I want to send my deepest sympathies to Mr. Youngquist's family. I've had the chance to operate an airplane and am always saddened to hear about a fellow pilot losing their life.

This airplane accident comes on the heels of another fatal plane crash which occurred in Maryland (MD) and involved a plane crashing into a home.

The Virginia (VA) airplane, which departed from Manassas and was headed for Danville, crashed into a house located at 128 Jefferson Highway. The impact was so strong that flames inundated both the house and the airplane, according to wsls.com.

The details of the accident are unknown at this time. All we know is that the plane wrecked moments after it refueled at the Louisa County airport. The Cessna was nearly 30 years old, a mechanical problem could have contributed to the accident. A problem with the fuel gauge or other fueling component may have had problems given the sudden problems so soon after the refueling. But we'll wait and see what the National Transportation Safety Boards accident report reveals.

Deadly Welding Accidents Can Be Prevented, Feds Say

Fri, 05 Mar 2010 08:00:00 EST

Routinely testing areas for the presence of flammable gases, equipping workers with cheap and easy-to-use air monitors, thoroughly training workers on safe practices and providing qualified supervision can prevent explosions and fires caused by welding flames and grinding sparks.

These are the basic conclusions the federal U.S. Chemical Safety Board reached after it investigated an accident at a Wisconsin cardboard box factory in which hydrogen gas ignited and killed three members of a welding crew.

CSB also looked into industrial accidents in five other states between July 2008 and June 2009 in which seven worked lost their lives and two workers got severely burned because flammable gas went up during what the agency describes as "hot work" -- burning, welding, cutting, brazing, grinding, soldering and other operations that produce sparks. The U.S. Occupational Health and Safety Administration has issued several dozen standards for conducting hot work safely, but the CSB recommendations are the first set of proposed industrywide practices to prevent explosions in and around storage tanks that contain primarily solid organic materials.

I have written elsewhere on this site about the specific dangers of fumes created when metals and solder are welded and heated. Our firm has extensive experience respecting railroad operations, including welding of track, switch assemblies and railroad "frogs."

The combustion of gasoline, oil, hydrogen, methane and other fumes presents an even more immediate threat to workers' lives and health in Virginia (VA) and in all other states, and I am glad to see the CSB acknowledge this. In 2002, according to the U.S. Bureau of Labor Statistics, 165 workers died in fires and another 77 died in explosions.

Working with welding equipment and performing other jobs that create intensive heat and throw long sparks can never be completely safe. However, companies and managers can create and enforce workplace rules and procedures that minimize the risks of death and injury to workers. Following the recommendations of the CSB would be a good start.

EJL

Drowsy driving results in Temple University student's death

Thu, 04 Mar 2010 08:00:00 EST

A Temple University student, who was also the co-captain of the university's Bhangra dance team, lost her life in a car accident over the weekend when she was ejected from the backseat of a van.

Kammini Rajoopath, 21, and her dance team were headed to a competition in Durham, N.C. Fellow dancer Bilal Badruddin, 20, was driving. The accident occurred on I-85 in Dinwiddie County, Va. shortly after 2 a.m. when, according to news reports, a drowsy Badruddin drove off the road and hit a guardrail. When Badruddin tried to regain control of the vehicle, he hit another guardrail, per the news reports.

Fatima Pervaiz, 20, who was also in the backseat of the van, was ejected from the van with Rajoopath. Pervaiz was taken to Virginia Commonwealth University (VCU) Hospital with serious injuries. Rajoopath died instantly. Officials reported that both Pervaiz and Rajoopath may not wearing have been wearing seat belts. The six other occupants had minor injuries.

Our heartfelt thoughts and condolences go out to the victim and her family and friends. Nothing can be said to soften the impact of losing a young life to such a terrible tragedy. Rajoopath's death could have been prevented, had a tired driver not been at the wheel.

Drowsy driving is a form of distracted driving and is far too common. A recent poll, Sleep in America, found that 60 percent of adult drivers have driven while tired. The poll also showed that 37 percent of drivers even fell asleep at the wheel. The National Highway Traffic Safety Administration (NHTSA) has estimated that drowsy driving causes 100,000 accidents each year. The result of these accidents are approximately 1,550 deaths and 40,000 injuries.

Under every state's negligence law including Virginia's (Va), passengers of a car have injury or loss of life/death claims against any careless driver, whether driving the car or van they occupy, or whether driven by a different car's driver. Our firm has even handled injury or death claims between family members and husband and wife. This "distasteful" family, relative or friend type claim may be the only way to recover medical bills, loss of wages, and for permanent injuries or even worse, if someone is killed, to recover for the loss of life//death compensation.

Driving drowsy puts not only you, but your passengers and fellow drivers at risk. If you ever find yourself feeling tired when driving, try to find a safe place, such as a rest stop, to pull over and rest until you are ready to drive again. Once you even feel the possibility of drowsiness you must act and not press on.

Bayer Claims They Have "Meritorious" Defense Against Yaz/Yasmin Birth Control Lawsuits

Thu, 04 Mar 2010 08:00:00 EST

In their 2009 annual report, Bayer addressed the growing wave of lawsuits being filed against them in connection with Yaz, Yasmin, and generic Ocella birth control pills. On page 243 of the report, Bayer proclaims they have a meritorious defense and will fight the lawsuits vigorously.

Note to Bayer: if you are looking to fight for your potentially lethal birth control pills, we are ready to fight for the victims who were seriously injured by these dangerous drugs.

Roughly 1,100 lawsuits have been filed against Bayer and that number is expected to grow precipitously in the near future. Does Bayer honestly think all of these lawsuits are just a coincidence? Do they honestly believe the victims who took Yaz, Yasmin, or Ocella and are now struggling with gallbladder problems, blood clots, symptoms of depression, sudden numbness, and chest pains are simply mistaken that their birth control pills caused these horrible side effects? Bayer's only answer up to this point is, "Hey, we have warnings on the box."

Well, heres what Bayer lists as potential side effects on their own Yaz website:

The most frequent (greater than 1%) side effects, which may or may not be related to YAZ, that were reported in all YAZ clinical trials included: upper respiratory infection, headache, breast pain, vaginal moniliasis, nausea, abdominal pain, dysmenorrhea, urinary tract infection, accidental injury, sinusitis, emotional lability, suspicious Papanicolaou smear, weight gain, depression, menstrual disorder, and asthenia.

I dont see anything about blood clots, or even gallbladder problems. Both are important to mention considering a young woman reportedly died of a blood clot and it is alleged that Yaz played a role in her death.

Here's a video of a report describing a young woman struggling with blood clots potentially created due to Ocella...

The lawsuits filed in federal court against Bayer have been consolidated into whats called multi-district litigation. Essentially, this means that federal lawsuits from a variety of districts will be argued and judged in one court. However, this does not affect lawsuits filed in state court. If you have suffered adverse side effects from Yaz, Yasmin, or Ocella, please give me a call so we can talk about your situation and determine if you have a case. Also, please download our free, in-depth consumer report about the risks associated with these dangerous drugs.

Pilot Killed in Tragic Plane Crash

jlewis@hsinjurylaw.com (Blog Author)27694 — Thu, 04 Mar 2010 08:00:00 EST

Dr. Joseph Kelly, the pilot operating a single-engine Beechcraft Bonanza P35, crashed into a tree at 24 Warehouse Creek Lane in Edgewater, Maryland (MD). Dr. Kelly died as a result of this aviation accident. The airplane was a four-seater, but he was the only person in the plane, according to firehouse.com.

The details of what exactly happened are still unclear. We know the airplane suddenly banked to the right which subsequently led to the plane hitting the trees. The weather conditions were reportedly good, so there may have been a mechanical problem. We'll have to wait and see what the National Transportation Safety Boards accident report reveals.

As a licensed pilot who regularly takes to the skies in single-engine airplanes, these types of terrible accidents are always disturbing to hear about, but they remind me of the risks every pilot has to battle while operating a plane. You can be a part-time pilot who enjoys the thrill of a small plane on the weekends or a highly experienced commercial airplane pilot; the risk of engine failure, turbulent winds, or some other mitigating factor can lead to a horrific crash. That doesnt mean the pilot should be held responsible for the accident. If it's determined a mechanical problem contributed to an airplane crash, the manufacturers of those parts should be held responsible, especially if the pilot took the time to properly upkeep the plane while on the tarmac.

I want to send my deepest condolences out to Dr. Kelly's friends and family. When anyone loses their life, it's terrible, but that loss of life is especially difficult to handle when it occurs from a sudden accident.

Teen Killed in Tragic Car Accident on Seminole Drive

Wed, 03 Mar 2010 08:00:00 EST

Three teenagers who attended Bassett High School were involved a serious car accident on Seminole Driver (Virginia 797) in Collinsville, Virginia (VA). One of the teens was killed while the other two were seriously injured, according to martinsvillebulletin.com.

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As the father of teenage children, I want to send my sympathies to the families of the three teens in this accident. I couldn't imagine getting a call from the police saying my child was in a major car wreck and was injured or killed. That's a pain and terror I wish no parent had to endure.

We don't know what exactly caused the tragic car accident. Reports indicate the 2000 Ford Mustang they were driving in apparently veered off the road and flipped over. Was the driver distracted in some way or was there a mechanical failure? We'll have to wait and see what the accident investigation and report reveals.

Over 800 people were killed and nearly 70,000 suffered serious injuries in car crashes In the Commonwealth of Virginia in 2008, according to the DMV. In Martinsville, there were 340 car wrecks and 165 injuries. But these statistics take on a whole new meaning when a friend or family member gets involved a car wreck. The students at Bassett High School and the families of these teens involved in this accident are learning that terrible fact.

Careless Asbestos Disposal Causes Expsoures to Countless UConn Students, Staff

Wed, 03 Mar 2010 08:00:00 EST

The opening paragraph of a March 3, 2010, University of Connecticut Daily Campus article dispassionately states, "Federal regulations regarding the disposal and release of asbestos-contaminated objects were violated by UConn officials during the renovation of President Michael Hogan's office last October, resulting in alleged asbestos exposures." Another report on this exposure of university students and staff members -- not to mention the construction crews -- to asbestos in the Hartford Courant shows UConn officials have known of the problem for several months but are only making public acknowledgements of it now.

Asbestos fibers can easily enter people's lungs. Once in a person's body, those fibers never leave and can cause scarring that produces emphysema and another breathing problem called asbestosis. Often, asbestos exposure leads to the development of the painful, incurable and deadly cancer mesothelioma.

UConn has reportedly screened people who worked in the building where the asbestos was improperly removed, but the school has not shared any test results with the press. The problem arose because materials being removed as part of the renovation were not fully tested for dangerous substances, and construction crews did not know they needed to use special procedures and equipment when handling those materials. Specifically, the crews made no extra efforts to keep dust down and simply dropped materials out of a window into a Dumpster without using a chute.

Our firm has represented many workers who suffered serious health problems and lost their lives after being exposed to asbestos. My colleagues and I have seen firsthand how even small amounts of the mineral can ruin people's lives years and even decades after it got into their lungs. The best result for everyone put at risk for the failure of UConn officials to follow regulations for doing construction on buildings that may contain asbestos is that their exposure were minor enough to cause no lung damage.

If, however, students, staff, or construction workers do suffer breathing problems or mesothelioma down the road, UConn will need to step up to its responsibility for compensating those people for its carelessness.

EJL

Man Harmed by Acne Drug Accutane Wins $25 Million Judgment

jlewis@hsinjurylaw.com (Blog Author)27561 — Tue, 02 Mar 2010 08:00:00 EST

An Alabama man who developed inflammatory bowel disease after taking the acne drug Accutane has won $25.1 million in damages from Roche, which makes the medication. The verdict came in an appeal of a lawsuit Roche had already lost and included more than $159,000 in direct compensation for the medical expenses the man incurred while undergoing colon removal and other treatments for his IBD.

A juror who heard Roche's appeal and ruled for the plaintiff told Business Week that the drug maker had failed to warn users sufficiently about possible severe side effects from taking Accutane. The product, which contains the active ingredient isotretinoin, has also been linked to major depression, suicide, birth defects, miscarriages and strokes. Isotretinoin is also marketed in the United States under the brand names Amnesteem (Genpharm), Claravis (Barr/Teva) and Sotret (Ranbaxy).

Accutane and other isotretinoin products undoubtedly work to cure acne, as the following video indicates. But the medication also has numerous serious potential side effects, which the video shows, too.

Regulators consider Accutane and its identical competitors dangerous enough that U.S. prescribers, pharmacists and patients can only distribute and purchase isotretinoin products if they participate in an access control system called iPLEDGE. However, iPLEDGE was not launched until 2004, which was 22 years after the FDA first approved Accutane, and nearly a decade after the man who won this latest judgment against Roche for injuries suffered from the drug developed IBD. Roche withdrew Accutane from the U.S. market in June 2009.

Drug makers have a duty to warn patients and prescribers fully about the side effects of medications. When companies fail to meet this duty, people injured or killed by the drugs have an undeniable right to compensation for their suffering and medical expenses. The jury that heard Roche's appeal of the Accutane judgment recognized this and ruled accordingly.

EJL

Snow-Covered Cars are Dangerous and Can Lead to Fines in West Virginia

jlewis@hsinjurylaw.com (Blog Author)27512 — Mon, 01 Mar 2010 08:00:00 EST

Under West Virginia (WV) law, windshields and the side and rear windows of a car must be clear of obstructions. Snow qualifies as an obstruction. If you decide to hit the road with a snow-covered car, you could face a fine of $100 with repeat offenders facing fines up to $500, according to wsaz.com.

Some people might be thinking, "Well, according to that law, I only have to clean off the windows and windshield. Everything else is fair game to leave snow on top of." This is technically accurate. You cannot be cited for having snow on the roof of your car. However, if that snow falls off the roof of your car and winds up creating problems on the road (like a car wreck), you can be cited by the police.

With the massive winter snow storms West Virginia has struggled with this year, I understand the exhaustion some residents have to repeatedly clearing the snow off the car, but it's extremely important. If the potential legal citations dont convince you, consider the safety risks. Having something on your vehicle which obstructs or limits your range of vision is extremely unsafe. This holds true with snow on top of your car since, as mentioned above, snow usually doesn't stay in one place. It is likely to fall off the car, especially if you decide to travel on the highway. Furthermore, if you have to brake suddenly, the snow could actually fall forward on top of your windshield preventing you from seeing the road.

You might be thinking, "Okay, so some snow has fallen onto my windshield. Ill just use my wiper blades to take it off." Well, this does not work all the time. In fact, given the frigid temperatures, windshield wipers have been known to freeze on the vehicle and when you try to use them, they rip off and become useless. This creates a very dangerous situation where your vision could be obstructed and are complete unaware when you hit a patch of black ice. Trying the handle your vehicle after youve encountered black ice is tough even with all windows and windshields free from snow since its virtually transparent, but the risks increase dramatically when your windows are covered in snow.

Again, I know its a hassle to get the snow off your car, but remember you have a choice: (1) you choose to drive a snow-free car and improve your chances of avoiding a major car crash and/or ticket (2) you choose to drive a snow-covered car and potentially suffer a serious injury like a broken neck or traumatic brain injury from an accident and potentially be forced to pay a citation. Id suggest option 1.

Virginia Woman Hit Twice in Serious Car Wreck

jlewis@hsinjurylaw.com (Blog Author)27489 — Mon, 01 Mar 2010 08:00:00 EST

Santa Matia Beatriz of Centreville, Virginia (VA) was involved in a horrific accident on Interstate 59 (I-59) in Alabama (AL). She was a passenger in a Toyota Rav 4 when the SUV flipped over on the highway. Just as Ms. Beatriz made her way out of the wreckage, she was hit by a tractor trailer. A few minutes later, a Chevy Malibu hit the overturned Rav 4 and also hit Ms. Beatriz, according to the Dekalb County Times-Journal.

She was airlifted to Huntsville Hospital and theres no word yet on her condition. I'd imagine being involved in a major accident and then being hit by a car and a tractor trailer would produce some rather serious injuries.

There are many questions that need to be answered about this terrible event. First and foremost, what caused the Rav 4 to flip over? Was the driver not paying attention or distracted? Second, how could the tractor trailer and Malibu not see the Rav 4 wreckage on the highway? We know the crash occurred at 4:50am, but how fast were they driving not to be able to avoid a Rav 4 wrecked on the highway?

This isn't the first time someone was hit by two vehicles on the same day. In fact, just a few weeks ago a pedestrian was hit by two cars on Highway 74 in North Carolina (NC), according to wsoctv.com. Sadly, the pedestrian died from the accident. Let's hope Ms. Beatriz does not suffer the same outcome.

DC Metro Upgrades Safety Devices on Aging Trains

Mon, 01 Mar 2010 08:00:00 EST

The agency that operates the DC Metro system late last week announced two belated safety upgrades for its aging fleet of rail cars. While the hundreds of thousands of Washington, D.C., Northern Virginia, and Maryland residents who ride Metro every day no doubt welcome the moves from the Washington Metropolitan Area Transit Authority, they -- and I -- can't help but view the upgrades as perhaps too little and too late.

WMATA has decided to install software that prevents railroad trains from rolling backwards while stopped on 182 of its older rail cars six years after one of its Metro trains rolled back into another at the Woodley Park-Zoo/Adams Morgan Metrorail station. The authority notes carefully in a Feb. 26, 2010 press release that no passengers were aboard the train that went out of control. A Washington Post article written on the day of the 2004 accident more accurately reports that 20 passengers on the struck train required trips to the hospital for the treatment of injuries following the rollback accident. The rollback software is widely used by other railroads and is recommend by the National Transportation Safety Board.

Also, following four instances in 2007 and 2008 when doors on cars opened on the track side of a train instead of the platform side, WMATA has decided to replace the automatic door controls on about 600 of its cars. This will make roughly half of Metro's rolling stock secure against accidentally spilling packed passengers onto the rails when a train pulls into a station.

DC Metro has seen a string of serious accidents since early last summer. The most serious involved a collision between two Red Line trains near the Fort Totten station in Maryland that killed seven passengers and crew members and injured at least 70 other people. Since that tragic June 22, 2009, incident, accidents have injured or killed at least a dozen other commuters and Metro workers.

Light rail passengers and railroad workers need to know they are safe. WMATA appears to be taking some actions to foster that assurance. At the same time, the authority is also moving slowly and with an eye toward its bottom line; both of last week's WMATA press releases noted how much the safety upgrades would cost. Metro officials need to move faster and prioritize safety regardless of cost.

EJL

Helicopter Crash Lawsuits Can Be Complicated, But Still Possible to Win

jlewis@hsinjurylaw.com (Blog Author)27436 — Sat, 27 Feb 2010 08:00:00 EST

2008 was one of the deadliest years on record for helicopter crashes . There were 28 deaths and 7 helicopter accidents in the helicopter emergency services industry. Despite this startling trend, there appears to be a general perception in the legal world that helicopter accident lawsuits should not be filed since the odds are stacked against the plaintiff (i.e. the injured victim).

Many of these victims feel discouraged by the response they can get from lawyers and hesitate to file a claim. You should not feel this way. Helicopter crash cases are tough, but not impossible to win. However, it does take a lawyer who knows how to handle these types of cases.

Why is helicopter accident litigation so difficult? Because federal regulations are geared towards preventing liability on behalf of the helicopter manufacturer, even if there is a defective part.

One of the common tactics helicopter companies and government agencies use is to monitor helicopter accident case filings to see if their company/agency is named. They then file an answer to the case and move it to federal court as opposed to state court. This can hurt the plaintiffs attorney since they are probably more experienced arguing in front of a judge and/or jury in their respective state, as opposed to a federal court setting.

Another tactic is claim that the Federal Aviation Act and/or the Airline Deregulation Act applies to the case and, once again, it should be resolved in federal court as opposed to state court.

Even with these tactics, an experienced trial lawyer can combat them with a thorough understanding aviation laws and regulations . For example, most helicopter accidents involve the National Transportation Safety Board (NTSB) and this government agency routinely adopts an accident report written by the potentially at-fault helicopter company or other government agency.

To make matters worse, the plaintiffs attorney is not allowed to look at the accident wreckage and has to wait until the NTSB decides to release it (which can be months, even years). Therefore, an experienced lawyer needs to know that other sources of information like eyewitness testimony is absolutely essential. Another important counter-tactic is to obtain copies of log books and maintenance records of the helicopter. Once again, this provides important information about when/where the crash occurred, whom was operating the helicopter, and the condition of the helicopter at the time of the accident.

Getting all of this information may not lead to a successful outcome for your helicopter crash case, but its an example of how an attorney can combat some of the most common techniques defense lawyers for the big corporations and government agencies use to deny liability for a serious helicopter accident.

Teens' Deaths Raise Questions Over Controlling Pedestrian Access to Train Tracks

Fri, 26 Feb 2010 08:00:00 EST

Five teenage girls have died this week after being struck by trains while walking on railroad tracks. How preventable these terrible accidents were is an open question, and one rail operators and state and federal regulators must consider.

On Feb. 20, 2010, three girls in Melbourne, Florida (FL), lost their lives when they failed to get out of the way of a Florida East Coast freight train. The girls were about halfway across a rail bridge over a creek when overtaken by the train. Details of the accident reported on FloridaToday.com include the facts that the bridge came after a curve in the track and that the only devices put in place specifically to keep pedestrians off the bridge were no trespassing signs. The Web site also notes that Melbourne officials have for years considered building a footbridge parallel to the train tracks.

Five days after the tragedy in Florida, a high-speed Amtrak train approaching Philadelphia hit and killed two high schoolers. The accident occurred near a regional commuter rail SEPTA station, where access to the rails must necessarily be fairly open.

The Federal Railroad Administration documented 399 fatal and 314 nonfatal pedestrian accidents involving passenger, commuter and freight trains in 2009. These numbers matched those for 2008, and fall into a category the FRA designates "Trespassing Incidents."

Recognizing the need to reduce pedestrian deaths on train tracks, the FRA has joined with other public and groups to launch the Trespass Prevention Research Study to determine what rail operators can do to protect pedestrians from unintentional trespassing, and also prevent intentional trespassing. Gates, stop signs and other barriers and warnings -- properly used -- can keep cars and trucks off tracks fairly effectively. Keeping people on foot from getting onto tracks can be exceedingly difficult, however.

Difficulty is no excuse for not trying. While people need to act to protect their own safety -- and that obviously means staying out of the way of oncoming trains -- track owners and rail operators need to make it clear to people when they are putting themselves in harm's way. A couple of no trespassing signs probably won't do it. Companies must also try to make reaching active tracks as close to impossible as possible.

EJL

Planes Safer than Trains and Cars, But Safety Risks Still Remain

jlewis@hsinjurylaw.com (Blog Author)27320 — Thu, 25 Feb 2010 08:00:00 EST

In 2009, there were 90 airplane accidents around the world while there were 5.8 million car crashes and 9,789 train wrecks. On the surface, this would indicate airplanes are dramatically safer than cars and trains, which is a legitimate observation.

However, the drastic disparity in number of total airplanes in the sky compared to the millions on cars on the road or hundreds of trains on the track can help explain these numbers. In addition, the fact that most car crashes are single-car accidents involving one or two people while an airplane crash involves dozens of people. Regardless, airplane companies shouldnt tout their low accident numbers compared to cars and trains. They should remain focused on reducing their accident rates even further.

USA Today analyzed data from the National Transportation Safety Board (NTSB) and found maintenance was "a cause, factor or finding" in 18 airplane crashes since the beginning of January 2000 and that roughly 65,000 flights took off when they shouldn't have. I wrote about these distressing statistics and the need for dramatic reform in oversight on how repairs are conducted on commercial airplanes.

As a licensed pilot, I fully appreciate the steps that airplane companies have taken to improve safety standards, but as indicated above, much more can be done. In addition to improving regulations on plane repairs, the issue of pilot fatigue needs to be addressed. Many airline employees are underpaid and overworked. Since 1990, the National Transportation Safety Board has been recommending reforms on how many hours pilots and co-pilots can be scheduled to work be updated to reflect modern research and take into account early starting times and frequent takeoffs and landings, according to CBSNews.com.

If both of these issues repair oversight and pilot fatigue reform are not addressed, we could potentially see a dramatic increase in airplane accidents. We cant let this happen and it is incumbent upon the FAA and commercial airplane companies to ensure the trend towards less airplane crashes continues for the foreseeable future.

Evidence Mounts Linking Avandia to Heart Attacks, Drug Company Tried to Hide the Facts

jlewis@hsinjurylaw.com (Blog Author)27240 — Wed, 24 Feb 2010 08:00:00 EST

Evidence suggests that GSK, the drug company which manufactures Avandia was aware of the possible heart attack risks associated with this dangerous drug years before evidence linking Avandia to such horrendous side effects became public. These were the findings of an investigation launched by the Senate Finance Committee.

The Committee's report also states, "GSK executives intimidated independent physicians, focused on strategies to minimize findings that Avandia may increase cardiovascular risk, and sought ways to downplay findings that the rival drug ACTOS (pioglitazone) might reduce cardiovascular risk."

This comes on the heels of the Food and Drug Administration revealing people now taking Avandia (a type-2 diabetes medication) switched to a similar medication, Actos, about 500 heart attacks and 300 cases of heart failure would be eliminated each month. The FDA event went so far as to recommend taking Avandia off the open market, according to marketwatch.com.

Think things can't get any worse for GSK? Well, a report from the Institute for Safe Medication Practice linked Avandia to over 300 deaths in the third quarter of 2009, the highest for any medication in that specific time period, according to the New York Times.

The actual medical evidence is shocking, but the tactics taken by GSK are truly disturbing. The Senate Committee's findings that GSK tried to intimidate physicians and researchers. What did they do? Well, two physicians at the University of Pennsylvania said calls were placed by GSK officials that were "highly unprofessional and had a chilling effect on their professional activity," according to foodconsumer.org.

Here's a video discussing the risks of Avandia and the efforts to conceal the side effects by GSK...

So what does all this mean to you? Well, all of this evidence continues to strengthen the assertion that Avandia is a dangerous drug and if you're taking this drug or know someone who is taking this drug, seek immediate medical attention and legal representation.

Congress Claims Toyota Misled Public about Gas Pedal Problem

Tue, 23 Feb 2010 08:00:00 EST

As Congress investigates Toyota and how they mishandled the infamous gas pedal problem, company documents point to an intentional misleading of the general public and governmental officials about the source of the problem and the severity. Back in 2004, the National Highway Transportation Safety Administration informed Toyota that Camry's with electronic throttle control systems (ETCS) had a 400 percent higher risk of sudden acceleration than Camry's with manual systems, according to the Huffington Post.

Despite this evidence, Toyota denied the problem was rooted in the ETCS. They claimed it was just a minor issue with the floor mats. Once that failed to solve the problem, the company claimed the gas pedal was simply too long. Even today, after over 8.5 million Toyota cars have been recalled, the company does not believe the problem is with the ETCS. This is despite the fact that their own legal counsel informed Congress that a "sticky pedal does not usually translate in a sudden, unintended acceleration event."

So why aren't they fixing the ETCS? Probably because the cost associated with replacing, or dramatically altering a piece of electronic equipment so engrained in their car system is viewed as a bad expense. Never mind the fact that Toyota is estimated to lose nearly $2 billion due to this issue, according to the CBC News.

What's really disturbing is Congressman Bart Stupak saying that roughly 70 percent of the sudden acceleration incidences in Toyota's customer call database involved cars that are not included in the 2009 and 2010 floor mat and gas pedal recalls, according to the Post article. This means there could still be a large number of Toyota cars on the road that might speed up suddenly and cause a major car wreck and potentially serious injury to the driver/passengers.

Here's a video discussing the issues surrounding Toyota...

Congress estimates that 760 car crashes may be connected to the sudden acceleration problem in a variety of Toyota cars. This estimate is based on Toyota's own customer complaint database. Why didn't Toyota act on these complaints? Well, one driver who wound up crashing into a fence after their Toyota suddenly accelerated was informed the company believed accidents of this nature were due to "driver error."

It's this type of response that really crystallizes Toyota's attitude toward the sudden acceleration problem. They appear to have routinely shunned facts and evidence while keeping their eyes focused on profits and maintaining a good public image. Ironically, both their profits and image are crumbling, especially as more information about their handling of these issues comes to light.

Internal Documents Point to Toyota Placing Profits Over Safety

Mon, 22 Feb 2010 08:00:00 EST

An investigation by the House Oversight and Government Reform Committee revealed Toyota, in July 2009, said it saved $100 million or more by negotiating an "equipment recall" of floor mats involving 55,000 Toyota Camry and Lexus ES350 vehicles in September 2007, according to the Huffington Post.

The documents regularly reference the financial benefits of delaying safety improvements and regulations. For example, Toyota said a phase-in to new safety regulations for side air bags saved the car company $124 million and 50,000 hours of labor. Delaying a rule for tougher door locks saved $11 million. These delays were described as "wins" for the car company.

Reading these types of documents is so frustrating. It shows a complete disregard for the safety of their customers while valuing profits above all else. What's so ironic is that Toyota will probably wind up spending much more than the supposed "cost-savings" they obtained from continually delaying new safety regulations and delaying fixing their gas pedal problem back in 2007 (when Transportation Department officials first alerted the company to the issue).

Here's a video discussing the internal Toyota documents...

Toyota already lost $7.7 billion last quarter, the largest loss in the company's history, according to autoblog.com. And the ramifications of Toyota's lackadaisical approach to safety could haunt the company for years. Their pristine image as one of the best auto manufacturers has been tainted, and if the House investigation continues to reveal internal documents like the ones mentioned above, Toyota's reputation could continue to suffer.

Should you feel bad for Toyota? Of course not; they brought this on themselves. If the company had acted sooner when Toyota drivers were getting into major car wrecks , suffering serious injuries or even getting killed due to gas pedal problems and other safety malfunctions, maybe the current situation would be better.

Fatal Commuter Train Crash in Belgium Apparently Due to Missing Automatic Braking System

Mon, 22 Feb 2010 08:00:00 EST

When two commuter trains into each other near Brussels, Belgium, on Feb. 15, 2010, 18 passengers and crew members lost their lives. A total of 100 people on both trains suffered injuries in the head-on collision that appears to have been caused by the lack of automatic brakes that engage when a train runs a track-side red light.

The Wall Street Journal has reported that the train without the automatic brakes had not been upgraded with the otherwise commonly used safety equipment because doing so would have cost too much. Now it seems obvious that improving rail safety has proven far more costly.

Automatic braking systems--called positive train controls--are not failsafe, as last year's fatal DC Metro crash seems to have shown. At the same time, the equipment works quite well, and the Federal Railroad Administration has mandated the use of positive train controls on all U.S. lines operated by companies such as Amtrak, CSX, Conrail and Norfolk Southern by 2015. Some rail operators have opposed the requirement on, yes, cost grounds.

Safety comes at a cost. Companies should bear those costs. When passenger and crew protections after sacrificed for profits, people die. That should not happen.

EJL

Gym roof collapses at Blacksburg High School, raises safety concerns

Fri, 19 Feb 2010 08:00:00 EST

The gym roof of Blacksburg High School collapsed on Saturday, Feb. 13, according to the Collegiate Times. Officials are investigating the case, but have not yet determined what caused the gym roof to cave-in. The collapse has raised safety concerns about building codes and questions of whether the school received proper inspection.

Under Virginia's building code, once a structure has been built and inspected, it does not have to undergo inspection again. The Virginia building code also does not require routine inspections for buildings that pass inspection the first time.

Whether or not building code violation was a cause for the collapse will not be known until the investigation is complete, however, the fact that routine inspections are not required seems to be a safety issue itself.

A Virginia Tech associate professor, Thomas Mills, told the Collegiate Times that a building that meets code requirements should be able to withstand 30 pounds of snow per square foot. It should also be able to hold 54 inches of snow. Since Jan. 28, Blacksburg has only received 28 inches of snow. It has received a total 50 inches the entire winter. That means the gym roof received less snow than it should have been able to hold and still collapsed.

With the amount of activity that took place in the gym close to the time of the collapse, we are very thankful that no one was hurt. The Collegiate Times reports that a basketball game took place in the gym the night before the incident. The girls' basketball team was practicing in the gym the morning of the cave-in and only left the gym after debris began falling from the ceiling.

A cave-in like this could have caused serious problems such as brain damage/injury or even fatality if occupants weren't evacuated in time. The Roanoke Times reports that, "two people narrowly escape[d] the cave-in." These people should feel lucky that they did not fall victim to personal injury or worse.

To ensure safety, building inspections should be raised to a higher standard. As Sen. John Edwards, D-Roanoke, told The Roanoke Times, "Buildings are like everything else. They need maintenance and repair. One would think there ought to be inspections at reasonable intervals."

cl

Virginia bill to give bicyclists additional lane clearance defeated

Thu, 18 Feb 2010 08:00:00 EST

A Virginia (Va.) bill that would give bike riders an additional foot of clearance on the highways was defeated 54-43 in the House of Delegates this week. If passed, the bill - introduced by Del. Kaye Kory (D-Fairfax County) - would have increased the clearance when vehicles pass bicyclists from two feet to three feet. While the bill was supposed to increase safety for bike riders on the roads, some argued that it would have had an adverse effect on drivers if passed.

"We're just looking for trouble here," said Del. John Cosgrove (R-Chesapeake), according to the Virginian-Pilot. Cosgrove believes extending the clearance will push drivers, who are attempting to avoid bike riders, into oncoming traffic.

Still, some action needs to be taken. The DMV reports alarming numbers of bicyclist injuries and evensome deaths due to bike/car wrecks. In 2008, 716 bicyclists were injured by cars while riding on Virginia roads. Fourteen bike riders were killed. Across the United States, over 700 people lost their lives and approximately 52,000 were injured due to bicycle/car crashes, according to the Pedestrian and Bicycle Information Center (PBIC).

Bike rider safety on the roads is clearly an issue of importance. Statistics over the years show steady rates of fatalities and injuries as a result of bicycle/car accidents. While you cannot control how motorists will drive, there are several precautions you can take to help prevent serious injury or even fatality when bicycling.

The National Highway Traffic Safety Administration (NHTSA) recommends always wearing protective gear, such as a helmet. Wearing reflective or fluorescent clothing is also beneficial, as it allows you to be more visible to drivers. Equipping your bicycle with a loud horn and headlight will assist in accident prevention as well. The PBIC suggests riding with the flow of traffic and watching out for turning cars among many other safety tips.

cl

Mistakes Made in the Cockpit a Major Contributor to Airplane Accidents

jlewis@hsinjurylaw.com (Blog Author)26919 — Thu, 18 Feb 2010 08:00:00 EST

Flight-crew issues were the primary cause of two-thirds of fatal commercial and business plane crashes worldwide from 1997 through 2006, the United Kingdom's Civil Aviation Authority reported in 2009, according to the denverpost.com. A 2006 Federal Aviation Administration study found that from 1990 to 2002, 45 percent of major airline crashes in the United States and 75 percent of commuter-carrier accidents were due to mistakes made by pilots, co-pilots, and airline personnel.

These statistics are disturbing and some type of investigation is needed to figure out what the root problem is leading to these human errors. Some pilots believe cockpit automation has reduced basic flying skills that may be required in an emergency landing or problematic situation that arises during a flight.

In fact, "loss of control" accidents were the most common form of airplane accidents accounting for 42 percent of commercial airplane deaths between 1999 and 2008, according to the Boeing Co. and the Commercial Aviation Safety Team . A "loss of control" accident is where the flight crew failed to recover from an unexpected event, like an engine failure or a stall.

As a licensed pilot , I fully appreciate the challenges associated with operating an airplane. Being prepared for the unexpected is a prerequisite to flying properly, and safely.

I think one of the key reasons we're seeing a high percentage of mistakes made by pilots and co-pilots is because of pilot fatigue. FAA regulations for regional and major airlines state that pilots can only fly airplanes for eight hours during a 24-hour period. When a pilot finishes the shift, they should have had at least nine hours of consecutive rest during the 24-hour period. However, these guidelines fail to factor in flight delays, jetlag, and untraditional work hours, according to CNN.com. When you couple pilot fatigue with the increased automation mentioned earlier, it creates a potentially volatile situation where a pilot is both physically and mentally unable to handle a sudden problem in the air.

Will improving pilot work hours solve the problem? No one knows for sure, but it would be a good first step. The FAA needs to tackle this problem immediately. Too many people's lives are put at risk when they get on a plane with a pilot and co-pilot who are not fully energized and able to adequately handle the unexpected challenges a flight can present.

Two Tires Fly off Tractor-Trailer Truck Striking Three Vehicles near Havelock, North Carolina

Tue, 16 Feb 2010 08:00:00 EST

Three cars in Havelock, North Carolina had quite a scare last week when two rear tires and a hub flew off of a tractor trailer on U.S. 70 late in the afternoon. At approximately 3:15 p.m. the Coastal Regional Solid Waste Management Authority's truck two left rear tires came off as it was headed east.

The rig was operated by a Mr. Tim Ozmore, or Newport, North Carolina who is listed as an employee of the Bowen Company out of Belhaven, North Carolina (N.C.). The trucker's wheels flew off just west of Ketner Boulevard.

One of the victims, Debbie Wait of New Bern said, "I was driving down the road and saw a tire coming. There was nothing I could do. I was just hoping it didn't hit the windshield." Wait's brand new Toyota Sienna had a muddy tire print on the front bumper from the tire's impact. Another victim was thankful for only having some dents and bodywork torn on his vehicle. According to eyewitnesses everyone involved was very, very lucky. The tires where bouncing and hit the median and went clear across the road to the other lanes of traffic.

The tire reportedly also struck another car, a red Trans Am, doing minor damage. All told, the two tires struck three different vehicles and caused a considerable amount of property damage and caused quite a stir among all those involved. As reported by local news sources, the truck was one of twenty five that the waste authority operates. The driver was headed back to the transfer station managed by the Coastal Environmental Partnership. In all fairness, Ms Wait said that the truck driver stopped immediately after he saw the tires strike her vehicle and knew that they came from his trailer.
After a North Carolina truck accident, it's important to take the right steps immediately. There are certain crucial things to do after any car accident in North Carolina, even if it looks like only minor property damage has happened. There are several more steps to take if you have been injured. When a commercial vehicle of any kind, like a trash truck, an 18-wheeler, tractor-trailer, or any other truck such as a semi, construction or delivery truck is involved, additional considerations become important such as getting cell phone pictures of the damage and the scene, gathering witness names and phone numbers. However, its important to all seek a confidential consultation with an injury attorney is serious injuries are involved as the truck insurance adjusters, and even attorneys, will go the accident scene right away to protect the trucking company. For information on trucking injury claims, check out our trucking law blog.

If necessary, you should seek out medical care immediately. It's best to go ahead and get checked out even if you feel alright, even if you think you are just a little bruised or battered as you just cannot know the extent of any hidden injuries. You should report the accident to your insurance company, but don't speak to anyone that represents the interests of the other driver without your own legal representation. Never sign any documents without legal counsel. Also, it's important to take photos of all vehicles involved, and the roadway and the scene.

Attorney Examines Games Played by Insurance Companies to Try and Reduce/Deny Your Injury Claim

Mon, 15 Feb 2010 08:00:00 EST

The games and questionable tactics used by insurance companies to deny your legitimate injury claim are dubious and wrong. They may take weeks, or even months, to return your phone calls and will try to argue your injury doesn't warrant compensation on their part. This is why you need to get a lawyer who has over 20 years of experience fighting the insurance companies and knows how to beat them at these games. Check out this article to learn more.

Another D.C. Metro Accident, 3 People Injured

Sun, 14 Feb 2010 08:00:00 EST

A six-car D.C. Metro train on the red line moved onto the wrong set of tracks and a safety device derailed the train causing three injuries. The safety device, known as a "derail" or "derailer" is programmed to automatically derail a train if it starts to move in the wrong direction down a railroad track, according to the Washington Post.

There are many questions that need to be answered regarding this Metro wreck. First and foremost, what caused the Metro train to travel on the wrong track as workers are required to apply the braking systems? Was the operator distracted or intoxicated? Both the railroad/train operator and downtown controller are undergoing drug and alcohol testing to determine the answer.

Unfortunately, D.C. Metro rail system has been involved in numerous wrecks this year including the worst crash in Metro history. Nine people were killed and over 60 people were injured in the crash. Another fatal Metro accident resulted in two workers getting killed when a maintenance truck hit them while repairing tracks. Other railroad accidents have occurred where there wasn't a loss of life, fortunately.

All of these wrecks indicate a serious problem in the D.C. Metro system and dramatic action needs to be taken. Washington, D.C. Mayor Adrian Fenty called for a "complete overhaul" of the Metro system including new management, according to the Washington Post. Given the dramatic increase in serious Metro rail/subway accidents, the Mayor may have a point.

Icy and Snowy Roads Lead to Major Car Wrecks in Virginia

Fri, 12 Feb 2010 08:00:00 EST

Virginia, along with a majority of the southeast, is getting pummeled with snow and ice. This has led to some pretty dangerous road conditions and a dramatic uptick in car accidents and serious injuries.

The morning of February 11th, there were eight car wrecks on U.S. Route 460 alone, according to the Bluefield Daily Telegraph. One of the incidences was a rollover crash where the driver actually had to be extricated from his Ford Mustang.

"The roads are slick, but the bridges are extremely slick," said Harry Cundiff, police chief in Bluefield, Virginia (VA). "People are going too fast for conditions. Normally when we have our first snowfall we have several accidents, but then people tend to wise up; but this time it seems that they see a little bit of black pavement and they think its July."

Mr. Cundiff raises a legitimate concern about driving after a bad winter snow storm. People need to be extra vigilant and cautious when traveling. A good rule of thumb is to drive at least 10 miles below the speed limit. Don't assume that just because the snow has stopped that the roads will be in good condition. In fact, it's after the snow stops when things get really dicey. Why? Because when snow starts to melt, it re-freezes when the temperature drops and you wind up with black ice.

Black ice is probably one of the most dangerous elements of driving in winter weather. Our firm has represented clients in black ice car crashes (check out the case result here) and the injuries sustained can be very serious. The challenge with black ice is that it's virtually transparent, so by the time you realize you've encountered it, you've lost control of your car and well on your way to slamming into another car causing a serious car crash and potential injuries. This is especially true for bridges and turnpikes.

"These bridges and overpasses are slick. It doesn't take too long to freeze back over with temperatures the way they are," said S.C. Workman, a Virginia State police officer.

There's no telling when the bad winter storms will stop and given the extremely low temperatures, we'll probably have snow and ice on the roads for many weeks ahead. This means all drivers need to be on guard when traveling and take the necessary precautions - check online for road conditions and try to stay off rarely traveled side roads that may not have been plowed yet, always slow down when approaching an intersection, and keep your eyes on the road at all times. These may seem like basic safe driving guidelines - and they are - but they're even more vital when the roads are compromised during bad winter weather.

PA

Amtrak Train Damaged, Delayed After Hitting Dump Truck in Northern Virginia (VA)

Fri, 12 Feb 2010 08:00:00 EST

A dump truck stuck on the rails of a shared Norfolk Southern-Amtrak railroad crossing near the town of Nokesville, Virginia (VA), caused a crash for the Amtrak Crescent Liner on Feb. 10, 2010. The Prince William County News & Messenger reported that no one was injured in the collision, but the passengers on the train were delayed for six hours while the engine received repairs.

The paper also noted that the driver of the truck was charged with failing to clear his vehicle from the tracks. While drivers do have legal -- and life-preserving -- obligations to stop at marked railroad crossings and to not stop while moving across rail beds, several factors can prevent them from doing so.

Unmentioned in reports of the accident are whether the crossing was adequately marked and secured with stop signs, red lights, pavement markings, cross hatches and traffic gates. Also, if the tracks had sunken below the level of the intersecting road, small cars or heavily loaded trucks can easily become stuck on the rails. The three or more feet of snow on the ground from back-to-back storms may also have played a role in causing the accident, either by reducing traction for the truck's wheels or blocking the truck driver's view of the oncoming train.

When trains hit cars or trucks, people in those vehicles often die. Train crews and passengers often also suffer serious injuries. Drivers, train conductors and rail operators must do all they can to prevent such crashes.

EJL

Left Turn Accident Proves Fatal in Newport News, Virginia (VA)

Thu, 11 Feb 2010 08:00:00 EST

A man driving straight on Warwick Boulevard in Newport News, Virginia (VA), hit a van turning left and died from injuries suffered in the accident. In his latest post to the Virginia Beach Injuryboard, my colleague Rick Shapiro notes that improper turns caused more than 3,000 traffic accidents in Virginia during 2008. Rick further explains that while either driver can be found to be at fault in a left turn accident, the driver making the turn is much more likely to have liability for any injuries or damages caused.

EJL

Drunk Driving Devastates Victims, Causes Brain Damage

Thu, 11 Feb 2010 08:00:00 EST

Two sisters - Rocio Landeros and Marta Perez - were hit by a drunk driver and suffered serious, life-altering traumatic brain injuries. Ms. Landeros' brain injury was deemed much more severe causing dramatic personality changes and "foot drop paralysis" where Ms. Landeros' left foot to drags when she walks.

This terrible incident highlights the serious ramifications of a car accident. Ms. Landeros was only 16 and Ms. Perez is only 25. Both of their lives have been changed forever due to this car wreck.

Fortunately, the sisters sought legal representation and wound up taking their case to trial. This accident also highlights the tactics insurance companies take when faced with paying a potentially large claim. The lawyers representing the sisters originally asked for the maximum policy limits from the at-fault driver's insurance in order to cover future medical bills, potential lost wages, pain and suffering, etc. The insurance company balked and only offered half that amount.

Two years went by and discussions between the attorneys and the insurance company did not lead to anything productive. Think about that - for two years, these young women were struggling with traumatic brain injuries without proper compensation.

Their case eventually went to trial and the attorneys were able to secure a $31.6 million jury verdict for the sisters, according to lawyersusaonline.com.

Our firm faced a similar situation when we represented a worker who suffered a brain injury after a Norfolk Southern train derailed and slammed into a gas station in Gainesville, Virginia (VA). We filed a lawsuit against Norfolk Southern and it took over three years to finally receive a then-historic brain injury jury verdict of $46 million, with interest $60 million verdict, for our brain damaged client.

Having a case go all the way to trial can take a very long time, as evident above, but there are times when it's necessary in order to achieve justice. A victim who suffers a traumatic brain injury could require a lifetime's worth of medical care so pursuing the compensation needed for these victims to regain some semblance of their former life is essential to what we do as lawyers.

More Infant Deaths Prompt Another Drop Side Crib Recall

jlewis@hsinjurylaw.com (Blog Author)26573 — Thu, 11 Feb 2010 08:00:00 EST

My colleague Emily Mapp Brannon is alerting parents of another federal recall of drop side cribs in her latest post to the Norfolk Injuryboard. The recall of more than 500,000 Generation 2 Worldwide and ChildESIGNS cribs comes after three infants lost their lives and at least 20 more became injured. It also comes five years after the company that made the potentially harmful and defective products went out of business. While welcoming the recall, Emily also says it may have come too late to protect the most vulnerable members of society.

EJL

Winter Storm Dumps Snow and Ice on Virginia, Leads to 50-Car Pile-Up

jlewis@hsinjurylaw.com (Blog Author)26560 — Thu, 11 Feb 2010 08:00:00 EST

The winter storms hammering much of the East Coast have been especially harsh on Virginia (VA) drivers. Many parts of the Commonwealth are not used to receiving such massive amounts of snow and ice which means some drivers are unaccustomed to such treacherous road conditions . This was evident on Interstate 64 (I-64) on February 10 when a chain reaction car accident led to a 50-car pile-up.

The pile-up occurred during "whiteout" conditions on the roads. Having "whiteout" conditions means visibility is reduced dramatically and driving is extremely dangerous. The wreck was so severe that I-64 westbound was shut down for hours, according to the Virginia Gazette.

There were over 70 car and truck wrecks between Williamsburg and Newport News. There was also an overturned tractor trailer in James City.

All of these crashes highlight the importance of staying off the road during a bad winter storm. I know some people don't have this option, but it's always best considering you can't control the actions of other drivers. Even if you're responsible, drive below the speed limit, and do everything right, there could be another driver who's going way too fast for the road conditions, hits a patch of black ice and slams into your car potentially leading to a serious injury . I'm pretty sure none of the drivers in the 50-car pile-up anticipated being involved in such a massive wreck.

If you have to drive in bad winter weather conditions and wind up suffering an injury in a car accident, you should consult with an attorney. Just because the weather is bad doesn't mean a reckless or irresponsible driver should get away with causing you harm. As mentioned earlier, if someone is driving too fast for the weather conditions, or fails to have their lights on, or violates a basic traffic rule like running a red light, you may be able to file a personal injury claim.

Even Slow Speed Car Accidents Can Cause Serious Injury

Tue, 09 Feb 2010 08:00:00 EST

A woman riding in a car was hit by another car at less than 25mph. The damage to the vehicle was moderate, but most people would assume a car accident at less than 25mph couldn't cause serious injury. Wrong.

After the accident, the woman began experiencing memory loss, attention and speech problems, and had difficulty processing information. It got to the point where she could no longer continue in her job as a policy advisor and was downgraded to a position with more routine tasks, according to Virginia Lawyers Weekly.

Given the symptoms, the woman suffered a traumatic brain injury due to the car crash. And remember, the crash was less than 25mph.

What does this mean for you? Well, it provides proof that an accident, no matter how severe or at what speed, can lead to a serious, debilitating injury. The woman could struggle with this injury for years, maybe even her entire life.

Fortunately, she hired an attorney and was able to secure a $1.25 million jury verdict in a Stafford County, Virginia (VA) Circuit Court. This compensation will help in terms of paying medical bills, making up for lost wages, and the loss in potential future income that she may have secured in her previous job.

This woman's experience illustrates how important it is to seek the guidance of an attorney after suffering an injury from a car wreck. What if she didn't seek representation? She may have gone through life struggling with this traumatic brain injury with little-to-no financial resources to seek medical help and provide a safety net for any additional struggles she may encounter stemming from this serious injury.

Surgical Mistake Reportedly Led to Rep. Murtha's Death

jlewis@hsinjurylaw.com (Blog Author)26446 — Tue, 09 Feb 2010 08:00:00 EST

John Murtha, a U.S. Congressman for nearly 40 years and the first Vietnam War veteran to be elected to the U.S. House of Representatives, may have died due to a surgical error, according to the Post-Gazette.com

Rep. Murtha went in for Laparoscopic gallbladder removal surgery but suffered complications after the procedure. Apparently, the complications stemmed from when the surgeon accidently cut his intestines causing an infection to develop, according to rawstory.com.

Unfortunately, surgical mistakes like these are not uncommon. In fact, nearly 200,000 people die every year due to preventable medical errors. Given these shocking statistics, our law firm recently published a consumer report about the most common surgical mistakes (be sure to take a look if you or a loved one is planning to undergo surgery).

Here's a video discussing the unbelievably high number of preventable deaths due to medical mistakes...

In a confidential study, almost 9 percent of U.S. surgeons responding said they made a major error in the three months prior to being surveyed, according to the Mayo Clinic. Over 70 percent of surgeons attributed the error to themselves rather than a systemic or organizational cause.

If the reports are true, Rep. Murtha death due to a preventable surgical error highlights the fact that anyone, even influential Congressmen, can be adversely affected by mistake mistakes. We need dramatic reform in our health safety system. I recently wrote an article about how many surgical mistakes could be prevented with the use of a "safe-surgery" checklist.

This checklist would provide basic procedural guidelines that must be checked, and re-checked before and after a surgery. A recent study shows that approximately one third of patient complications and deaths have been reduced when surgeons followed the "safe-surgical checklist." Despite its effectiveness, only 20 percent of hospitals have adopted it. This needs to change. It's clear what we're doing now isn't working as well as it should. A checklist could be an effective tool in decreasing the number of needless deaths due to surgical mistakes.

Unsafe Lane Change Causes Tractor-trailer to Injure Car's Driver

Tue, 09 Feb 2010 08:00:00 EST

Fatal Car/Truck Accident in West Virginia

Tue, 09 Feb 2010 08:00:00 EST

Terry Mays of Ona, West Virginia (WV) was killed when the Saturn he was riding in hit a tractor trailer on the turnpike in Raleigh County near Ghent. The driver of the car, who was drinking and driving, tried to pass the tractor trailer but wound up slamming into the back of the large truck, according to the Charleston Daily Mail. A third passenger in the Saturn was seriously hurt .

I hope Mr. May's friends and family get through this difficult time. It's never easy to lose a loved one, especially in such a tragic, sudden manner.

Clearly, the fact that the driver of the Saturn was drinking and driving is unacceptable. I get so frustrated hearing about these types of fatal wrecks that could have been prevented if the driver had been more responsible.

How many people have to die before drivers understand the ramifications of drinking and driving? In 2008, there were 13,846 fatal car wrecks where alcohol played a role in some way (37 percent of all fatal car crashes), according to alcoholalert.com. In West Virginia, there were 142 alcohol-related fatal car accidents.

To West Virginia's credit, the number of fatal accidents due to alcohol decreased from 2007, but losing anyone due to the recklessness of a drunk driver is terrible. Considerable work needs to be done to continue the decline in car wreck deaths due to drinking and driving.

Distracted Driving on the Rise in West Virginia

jlewis@hsinjurylaw.com (Blog Author)26408 — Mon, 08 Feb 2010 08:00:00 EST

Over 450 car accidents were linked to cell phone use, texting and driving, or other electronic distractions like an iPod or GPS last year in West Virginia (WV), according to the Charleston Gazette.

Distracted driving is a major safety issue that is becoming increasingly common as more people use cell phones and text in their daily lives. Estimates indicate well have a trillion text messages in the next couple of years . The drawback is that when people text and drive, theyre potentially putting themselves at risk of getting into a major car crash and suffering a serious injury like a broken neck, facial lacerations, severed limbs, or a traumatic brain injury . Our firm has been concerned about distracted driving for some time and recently published a consumer guide detailing all of the various factors leading to distracted driving (take advantage of the free download here).

Are measures being taken to try and curb distracted driving in WV? Well, there is legislation working its way through the state senate which would make some distracted driving practices (i.e. talking on your cell phone while driving and texting while driving) a primary offense. Current law categorizes cell phone use while driving and/or texting and driving as a secondary offense, which means a police officer cant pull someone over if theyre engaged in these distracted driving practices. The driver would have to commit another offense like speeding or running a red light to get cited.

"It's hard to enforce. We need something with more teeth in it," said Sgt. Shawn Williams of the Charleston, WV Police Department traffic division.

Changing current law to stiffen cell phone use and texting penalties is a step in the right direction. Another important step is to address this issue early when young people are in a drivers education course hoping to get their drivers license. The next generation of drivers is at a much higher risk of suffering a serious injury in a car wreck due to distracted driving. Teenagers and young adults who are used to texting day in and day out will need to decrease this habit while behind the wheel. If not, the number of car accidents due to distracted driving in WV, and across the country, could dramatically increase.

Recall Rears It's Head Again - Toyota Prius Brakes have Problem

Mon, 08 Feb 2010 08:00:00 EST

Toyota is going to announce a recall of 437,000 Toyota Prius cars due to a potential risk of brake failure on icy roads or bumpy surfaces, according to the Times Online. This recall comes on the heels of Toyota's biggest recall in company history - over four million vehicles - due to a potential faulty gas pedal problem.

The brake failure recall will involved the third generation Prius which was released in 2009. To make matters worse, the company is investigating whether the same brake failure could occur in the Lexus HS250h and the Toyota Sai, both of which use the same hybrid technology as the Prius, according to Yahoo News.

The fact that the Prius potentially has trouble on icy roads is especially troubling in Virginia (VA) which is battling through one of the toughest winters in recent history. We just had a massive snowstorm which is creating treacherous black ice and potholes on many roads and highways. If the braking problems are true, Prius drivers in Virginia are at a higher risk of getting into a major car wreck and suffering a serious injury.

What is Toyota's proposed solution to this brake problem? They claim it can be fixed with a software upgrade, but no one can be sure at this point.

"I suspect that we are going to see a series of recalls appear over a period of time here, certainly over the next year, and they are going to address varying issues and varying vehicles," said Sean Kane, founder of the Safety Research & Strategies Inc, a consumer safety group.

Safety a Top Concern after Deadly Carolina Snow Storm

Mon, 08 Feb 2010 08:00:00 EST

Almost the entire state of North Carolina turned into a winter wonderland last week, but the sobering reality was that at least 4 people died in the icy mess that caught many off guard. In fact, Governor Purdue assembled a news conference announcing some further details in regards to the specific fatalities

The frozen precipitation showed no mercy on the Tar Heel state as a pedestrian was killed in Wayne County near Goldsboro, two men died of over exertion shoveling snow, one in Surry County and the other near Charlotte. In addition, a gentleman in Gastonia slipped and fell to his death in a wooded area near his home during a night time walk.

As an attorney that specializes in injury law I see many accidents that could have possibly been prevented that end up resulting in trauma to the body ranging from minor to critical and even sometimes causing the loss of life. During severe weather such as the unprecedented snow and ice storm we encountered recently, we are even more prone to accidents and injury. In the likely event that we run into some further winter precipitation prior to Spring’s arrival, here are some safety reminders to keep in mind when encountering icy road hazards.

As reported on weather.com here are the safety tips:

·         Decrease your speed and leave yourself plenty of room to stop. You should allow at least three times more space than usual between you and the car in front of you.

·         Brake gently to avoid skidding. If your wheels start to lock up, ease off the brake.

·         Turn on your lights to increase your visibility to other motorists.

·         Keep your lights and windshield clean.

·         Use low gears to keep traction, especially on hills.

·         Don't use cruise control or overdrive on icy roads.

·         Be especially careful on bridges, overpasses and infrequently traveled roads, which will freeze first. Even at temperatures above freezing, if the conditions are wet, you might encounter ice in shady areas or on exposed roadways like bridges.

·         Don't pass snow plows and sanding trucks. The drivers have limited visibility, and you're likely to find the road in front of them worse than the road behind.

·         Don't assume your vehicle can handle all conditions. Even four-wheel and front-wheel drive vehicles can encounter trouble on winter roads.
and how they occurred.

bm

Texting and Walking Could Lead to Injury from a Slip, Trip, or Fall

Sun, 07 Feb 2010 08:00:00 EST

There's been a lot of media coverage on the dangers associated with texting and driving . Studies have shown texting behind the wheel is 23 times more dangerous than driving without the distraction . However, you don't need a car to suffer a serious injury from texting. In fact, people who text while walking are at risk from getting hurt from a slip, trip, or fall.

Take a stroll around a college campus, or any shopping center, and you're likely to see someone walking around staring directly down at their cell phone typing a text message. What these texters fail to fully realize is that they could be walking straight towards an ice patch (especially after the massive snow storms we've been enduring in Virginia, DC, Maryland, etc.), a pole, a small hole, or some other object.

A serious slip or trip can lead to a serious fall which can lead to a broken leg, fractured wrist, torn ACL, or a traumatic head injury.

Am I saying you should stop texting all together? Of course not; but you need to be cognizant of your surroundings, even as you text. Take a moment to look up and make sure there's no caution sign indicating a slippery surface ahead. If you slip or fall on a wet surface, like a cleaning fluid or debris in a grocery store or shopping mall, or due to a hole or other unusual articifically created condition, you may have grounds for a slip, trip or fall injury claim. Most businesses are required to alert their customers if there's a known slippery artificial surface or condition on their property-and to correct it and warn of it

Also be aware if there's another texter approaching you. The risk of colliding with an individual can also produce a serious injury similar to slipping or tripping like a concussion or lower back injury.

Another recommendation would be to avoid texting while walking up or down a flight of stairs. Again, since your attention is focused on typing the text, you may unintentionally slip and fall on one of the steps.

Again, I'm not saying never text, but be aware of your surroundings. The thing that is important to remember about trip, slip and any fall type injury is no one intends to have it happen-the mechanism of how we slip or trip is that in a split second its over-you are down and sometimes seriously injured.

West Virginia Teens Try to Highlight Dangers of Distracted Driving

jlewis@hsinjurylaw.com (Blog Author)26288 — Sat, 06 Feb 2010 08:00:00 EST

Teenagers in West Virginia (WV) are participating in an educational film called "Deadly Driving Distractions" for the Charleston, WV-based company Motion Masters. The film focuses on the risks associated with texting while driving, talking on your cell phone while driving, and operating any other electronic device (e.g. I-pod) while behind the wheel.

The irony is that West Virginia is a state with no restrictions on texting while driving or talking on your cell phone while driving. There are currently 19 states that have enacted restrictions on texting, cell phone use, or both, while driving a car . There's even talk of federal laws being enacted that would reduce federal highway funds if a state does not adopt laws restricting cell phones and texting while driving.

These restrictions were spurred by studies indicating a heightened risk of getting into a car wreck if you text and drive, or are distracted in some way. In addition, statistics indicate 80 percent of approximately 6,000 car crash deaths and more than 500,000 serious car wreck injuries are caused by distracted driving, according to the National Highway Traffic Safety Administration . Our firm has been concerned about the risks of distracted driving, so we published a consumer report detailing the most common factors which create a distracted driver (take advantage of the free download here).

West Virginia public officials would be wise to follow up the teens' video with legislation addressing texting and driving along with cell phone use in vehicles.

Higher Speeds, Radar Detectors Would Threaten Virginia (VA) Drivers

jlewis@hsinjurylaw.com (Blog Author)26244 — Fri, 05 Feb 2010 08:00:00 EST

In his latest post to the Norfolk Injuryboard, my colleague Rick Shapiro questions legislative proposals in Virginia (VA) to simultaneously raise highway speed limits and remove a decades-old ban on radar and laser detectors in the state. Both moves would make car, truck and motorcycle drivers and passengers much less safe, Rick argues.

EJL

Seroquel Caused Diabetes, Claim More Than 25,000 Plaintiffs

Fri, 05 Feb 2010 08:00:00 EST

A prominent warning on the Web site for the antidepressant and schizophrenia drug Seroquel XR states "High blood sugar and diabetes have been reported with Seroquel XR." Reading the medication's prescribing information reveals that diabetes and blood glucose spikes experienced by Seroquel users have sometimes proved fatal.

It seems logical, then, that Seroquel's maker, AstraZeneca, would acknowledge that its brand name version of the drug quetiapine had caused some serious injuries and deaths. After accepting responsibility, AstraZeneca should be willing to settle provable claims that particular patients did not receive adequate warnings about Seroquel's serious side effects or that patients received prescriptions for Seroquel because the company inappropriately marketed the drug.

This has not happened. According to a report in Business Week, AstraZeneca is currently requiring each of the more than 25,000 plaintiffs who have sued the company after allegedly being injured by the medication to go to court. Despite including warnings about Seroquel causing and worsening diabetes in prescribing information. AstraZeneca is taking the position that no plaintiffs had problems with blood sugar because they took Seroquel.

Ultimately, every one of the 25,000-plus cases will not be heard. Nor will plaintiffs or AstraZeneca probably win every case that does go to trial and results in a judgment. What will likely happen at some point is that plaintiffs will win enough cases that the company will settle the remaining outstanding claims. An extremely less-likely, but theoretically possible, outcome is that AstraZeneca will win enough cases that the remaining plaintiffs will withdraw their claims. The second result seems so unlikely because evidence that Seroquel causes potentially deadly diabetes and that Seroquel has been used inappropriately in large numbers of patients with the company's knowledge and encouragement is not really debatable.

The issues individual Seroquel lawsuits will decide is how much harm particular patients suffered as a result of taking Seroquel and what compensation is reasonable for each degree of harm found. Negotiations between AstraZeneca and plaintiffs' lawyers to work out these issues and reach a pretrial settlement have yielded no results, according to Business Week.

Every medication has some side effects, but sometimes those side effects outweigh any benefits for large numbers of patients. When that happen, patients injured by dangerous drugs have an undeniable right to receive compensation for their suffering. Drug manufacturers will often try to deny responsibility for the harm their products cause and keep lawsuits from coming to trial as long as possible. Those efforts usually just delay final judgments for or settlements with patients.

EJL

Study Reveals Avandia Increases Risk of Heart Attack

Fri, 05 Feb 2010 08:00:00 EST

A recent study by a Harvard researcher reveals patients who take the diabetes drug Avandia more than double their risk of a heart attack, according to tradingmarkets.com. The study is set to be published in the American Diabetes Association journal.

This isn't the first time Avandia has been cited as a potentially dangerous drug. Three years ago, the Food and Drug Administration (FDA) required a "Black Box" warning be added to the label of all Avandia bottles about the heart risks associated with medication. Though, surprisingly, the FDA allowed Avandia to stay on the market despite many Endocrinologists and other diabetes specialists calling for the removal of Avandia from the market, just like Vioxx and Rezulin.

In addition to potential heart attack, the most common Avandia side effects include:

Liver toxicity
Severe chest pains
Congestive heart failure
Stroke
Vision changes
Trouble breathing
Head ache
Back ache
Anemia
Respiratory infections
Brittle bones in women

Nearly 13,000 people who used to take Avandia and suffered heart attacks or other serious side effects have filed claims against the drug company GlaxoSmithKline, the manufacturer of Avandia. That's far too many people who've suffered negative side effects from a drug that was marketed as something to help people with diabetes. In fact, my colleague, Emily Brannon, wrote an article about how the side effects from Avandia basically mirror the side effects of having diabetes.

Here's a video discussing the possible Avandia side effects and the need the strengthen the warning labels on the Avandia bottles...

All of these studies point to fact that Avandia is potentially a very dangerous drug and the FDA should strongly consider removing it from the open market.

Charleston, W. Va. teen pleads guilty in fatal drunk driving accident

Thu, 04 Feb 2010 08:00:00 EST

A West Virginia University freshman pled guilty to driving under the influence causing death for an incident that occurred in June of last year, according to the Charleston Daily Mail.

The nineteen year old from Charleston, W. Va. was driving under the influence when he wrecked his vehicle and killed his passenger, a recent graduate of George Washington High School. The victim was partially ejected through the windshield during the car crash. The driver suffered some injuries from the wreck and was treated at a nearby hospital.

We sympathize with the families and friends of the victim and our heartfelt condolences go out to them. Nothing can be said to take away the pain and anguish these families and friends undoubtedly feel. We can however remember the life lost through sharing his story and spreading the importance of practicing safe driving.

Drunk driving is a serious problem in the United States, especially among young drivers, according to the Virginia Department of Motor Vehicles. The Va. DMV also notes that approximately one million drivers are arrested each year for driving under the influence (DUI.)

In this unfortunate case, the driver's blood alcohol concentration (BAC) level was .186, more than double the BAC level for which a person can be arrested for drunk driving in West Virginia (.08). It is important to remember that a BAC level of less than .08 can still impair a driver's ability to operate a motor vehicle. Even consuming a small amount of alcohol can cause drivers to drive in an unsafe and or reckless manner.

In West Virginia, the punishment for the crime hardly seems appropriate. According to a Charleston newspaper, the driver in this case will only face between 90 days to one year in jail for causing the death of his friend. DUI Laws and Consequences further notes that first time DUI offenders, not including accidents with fatalities, may face jail time between one day and six months. Fines range from $100 to $500. The courts may also mandate community service and participation in a safety and treatment program.

In my practice, I have too often seen cases like this. An innocent life is lost due to pure negligence. While we can practice safe driving and spread the word of its importance, it is almost certain there will always be some drivers that disregard their safety as well as the safety of others by driving under the influence. As long as these individuals are on the road, my colleagues and I will continue work to for you, representing the victims of these tragic accidents who can no longer represent themselves.

False marketing prompts FDA to warn to drug manufacturers

Thu, 04 Feb 2010 08:00:00 EST

The Wall Street Journal (WSJ) reports that the U.S. Food and Drug Administration (FDA) has issued warnings to the makers and marketeers of Adcirca, a high-blood pressure medication, over the promotion of misleading information.

In the U.S., United Therapeutics markets and develops Adcirca (Tadalafil). Eli Lilly & Co. markets and develops the product outside of the U.S. Both companies received warning letters from the FDA about the misinformation and misrepresentation.

According to the FDA, Adcirca's Web site overstates the effectiveness of the drug and also fails to detail all possible complications of taking the drug, such as cardiovascular problems among other things. Failure to produce accurate and whole information misleads consumers and makes Adcirca seem safer to take than it actually is.

A recent study published by the Journal of Bioethical Inquiry notes that the practices of "cherry picking" clinical trial results to align with marketing agendas, suppressing information and misrepresenting or spinning information have been around for decades and are still very common today's pharmaceutical world. The authors of the study, Glen Spielmans and Peter Parry, refer to the aforementioned practices as "marketing-based medicine."

According to the report, Eli Lilly & Co., one of the manufacturers of Adcirca, has participated in some of the aforementioned unethical practices. While the study focuses primarily on the misrepresentation of antipsychotics, marketing-based medicine is a practice that is used in the promotion of various medications.

The WSJ reports that United Therapeutics has now removed content that the FDA cited as misleading from its Web site. For some users of this drug however this correction may have come too late.

Patient trust is often abused by drug manufacturers. As patients, we expect the medicine we take to make us better, not worse. When drug companies misrepresent facts or withhold information about dangerous side effects, it is the patient who is left to suffer. In some cases, side effects of prescription medication can be long lasting or even fatal.

Our law firm has handled several cases concerning drug safety. If you have experienced adverse side effects from prescription medication, contact our law firm for a free consultation and learn your legal options today.

Asleep At the Wheel: Drowsy Driving Increasing

Thu, 04 Feb 2010 08:00:00 EST

According to a recent poll by Sleep in America, 36 percent of drivers admit to nodding off or falling asleep while behind the wheel of a car. The odds of a licensed car driver over the age of 18 getting into a car accident or near-accident due to drowsiness this past year were 1 in 50, according to bookofodds.com.

Clearly, drowsy driving continues to be a major traffic safety issue. Data from the National Highway Traffic Safety Administration (NHTSA) reveals at least 100,000 car crashes are attributed to driver fatigue/falling asleep while driving each year resulting in roughly 1,550 deaths and 40,000 potentially serious injuries.

It's understandable to feel drained by the hectic schedule in our daily lives, but there's no excuse for nodding off while driving. That's a surefire way of getting into a major car wreck and suffering a serious injury like a broken neck, severed limbs, and/or traumatic brain injury.

Drowsy/fatigued driving usually occurs if you are on the road for hours on end without a break. This can happen if you are taking an interstate trip or maybe have a job which requires driving long hours (e.g. a commercial truck driver). You need to be vigilant of the tell-tale signs that you might be feeling fatigued or on the verge of falling to sleep while driving and are prone to dose off.

When you start to feel drowsy, pull over immediately and take a quick power nap or stop at a gas station and grab a coffee or Red Bull. The worst thing you can do is simply keep driving and drain yourself even further. Unfortunately, given the current statistics, it appears many people are not following these guidelines and are putting not only themselves, but other drivers on the road, at risk for a serious car accident.

Here's a video illustrating just how devastating a wreck can be when fall asleep behind the wheel...

Commuter and Regional Airline Safety Found Lacking

Thu, 04 Feb 2010 08:00:00 EST

A week before the one-year anniversary of the Feb. 12, 2009, deadly commuter plane crash near Buffalo, New York (NY), the National Transportation Safety Board issued its conclusion that pilot error caused the Colgan Air accident that killed 50 people. The plane was flying as Continental Connection Flight 3407 and was seconds from touching down following the 45-minute trip from Newark International Airport.

The NTSB noted in a press release that its investigators determined the accident occurred specifically because "the captain of Colgan Air flight 3407 inappropriately responded to the activation of the stick shaker, which led to an aerodynamic stall from which the airplane did not recover." An automatic warning mechanism that engages when a plane is about to lose engine power in midair, a shaking stick signals a pilot to push forward on the main control. The pilot pulled back.

A fuller report posted to the NTSB Web site cites Flight 3407's pilot and co-pilot's lack of attention to the plane's instrument panel, lack of experience and physical impairments as factors that contributed to the crash. Translated, the investigation turned up evidence that the pilot and co-pilot had only a few hundreds hours of combined flight time, they had gotten little sleep in the days leading up to the accident, they were chatting rather than monitoring the plane's performance, and, it appears, the co-pilot was ill and had been using her cell phone to send text messages from the cockpit.

The NTSB reconstruction of the final minutes of Flight 3407 looks like this:

Fatigued, distracted and inexperienced pilots put airline passengers at great risk. Few people walk away from commercial plane crashes, and crashes due to pilot errors account for fully half of all fatal commercial airline accidents since 1950.

To the extent that the problems identified by the NTSB are unique to Colgan, those problems are of special concern to people in Chesapeake, Norfolk, Portsmouth, Virginia Beach and the other cities of Hampton Roads, Virginia (VA) because Colgan Air planes and crews operate out of Norfolk International Airport--ORF in Federal Avition Administration code. Colgan flies U.S. Airways Express, United Express and Continental Connection routes to and from Newark and La Guardia.

Recognizing that all commuter and regional airlines can have issues similar to those that led to the Flight 3407 tragedy, the FAA will soon issue new regulations aimed at ensuring pilots rest adequately between in-air shifts and improving pre- and post-licensing training. Colgan Air has already reexamined and updated its pilot training programs. Both announcements are good news. I hope the changes have the intended effect of keeping commuter and regional plane travel as safe as possible.

EJL

Prescription Drug Dispensing Error Costs Rite Aid $2.5 Million

jlewis@hsinjurylaw.com (Blog Author)26093 — Wed, 03 Feb 2010 08:00:00 EST

An Alabama woman who mistakenly received a powerful and potentially dangerous steroid instead of the painkiller she was prescribed has won a $2 million judgment against Rite Aid, the pharmacy chain that employed the pharmacist who made the dispensing error. According to the Montgomery (AL) Advertiser, the woman developed Cushing's syndrome after taking high doses of oral dexamethasone instead of the drug her doctor had prescribed. The woman's husband received a related $500,000 judgment for being deprived of his wife's companionship while she suffered from muscle weakness, rapid weight gain and other symptoms that can mark Cushing's syndrome.

Reports of the suit do not specify which painkiller the woman should have received. However, the authoritative Merck Manual notes that dexamethasone was once sold under the brand name Decadron and that the name could be mistaken for Percodan. Physicians often prescribe medications by brand name, leaving it to pharmacists and pharmacy technicians to identify and substitute generic equivalents. Generic substitution is legal and rarely creates problems for patients because generic prescription medication approved for sale in the United States must have active ingredients that are exactly the same as the brand name drugs they replace.

Percodan combines aspirin with the narcotic medication oxycodone. Dexamethasone does not relieve pain, and side effects from taking the corticosteroid can include Cushing's-like problems.

Prescription drug dosing, dispensing and administration errors are among the most common medical mistakes, and their effects can be severe. As medication experts, pharmacists have legal and professional obligations to ensure that prescriptions are filled correctly. Companies and health care facilities that employ pharmacists have the duty of ensuring pharmacists meet their obligations.

Rite Aid has announced that it will not appeal the jury's verdict in this case, which shows that the pharmacy chain is accepting its responsibilities. The chain and its employees should also take this incident as an opportunity to learn how to prevent similar mistakes in the future.

EJL

Three People Killed, One Seriously Injured in Road Rage Car Crash

Tue, 02 Feb 2010 08:00:00 EST

A Ford Ranger carrying four passengers was hit by another vehicle and propelled into oncoming traffic on I-70 in West Virginia (WV). The Ranger was then hit by a tractor trailer causing a major wreck. Three of the passengers died at the scene and one passenger was seriously injured. The root cause of this tragic car wreck was allegedly road rage, according to wtov9.com.

The driver of the other vehicle that hit the Ford Ranger apparently knew the passengers well and there was an "altercation" prior to the fatal accident. The driver is now facing five charges including leaving the scene of an accident and malicious assault.

It's so frustrating to hear about these types of accidents. This incident may have been avoided if cooler heads prevailed. Sadly, road rage took over and now three people are dead. To make matters even worse, the three people killed - Steven Carpenter, Justin Wright, and Brittney Lynn Kusic - were in their 20s and had their whole lives ahead of them. My deepest condolences go out to their friends and family. Ashley Wright, the individual who suffered serious injuries, is only 23 years old, and could face months or, even years, of physical therapy and rehabilitation.

Road rage has been a traffic safety issue for years. One half of all drivers admit they respond aggressively if confronted with another aggressive driver, according to roadandtravel.com. Two percent of drivers even admitted they've tried to run the aggressor off the road.

I understand the inclination to get angry if a driver cuts you off or is riding your tail on the highway, but letting road rage consume you is not the answer. If you encounter an aggressive driver on the road, remember to take three deep breaths and ask yourself, "is escalating this really worth it?" The answer is probably no. Trying to get even with another driver just creates more problems and puts you (along with every other driver on the road) at risk for a major car accident.

It's Too Soon to Know the Full Impact of Bans on Cell Phone Use While Driving

Tue, 02 Feb 2010 08:00:00 EST

The Highway Loss Data Institute has created a stir with the release of data showing that traffic accidents resulting in injuries, property damage and insurance claims did not go down after selected states enacted bans on drivers' use of handheld cell phones and other electronic devices. At the same time, the HDLI noted that its own data show that drivers talking on handheld cell phones are four times more like to have accidents than are drivers who are not using handheld cell phones, PDAs and laptops.

Both sets of data from the HDLI, which is a unit of the Insurance Institute for Highway Safety, deserve a closer look. That investigation yields the take-away message that drivers should not talk on the phone or send text messages at all while they are behind the wheel.

The newer study indicating that bans on handheld electronic devices may do little to prevent serious traffic accidents has two significant limitations that limit the broad applicbility of its conclusions. First, HDLI researchers considered only insurance claims filed in California (CA), Connecticut (CT), New York (NY), and Washington, D.C. (DC). Currently, 19 states, including Virginia (VA) and North Carolina (NC), restrict the use of handheld electronic devices by adult car and truck drivers. The federal government has also issued broad bans on using cell phones, smart phones and laptops by drivers of federal cars and trucks, interstate truck and bus drivers, and train crews.

The second limitation is that the data used spanned only one "car year"--12 months of use for a single car covered by a single automobile insurance policy--before a state's cell phone ban took effect and one car year after a ban was enacted. An analysis that covered more states and longer periods could show a greater impact for bans on using handheld devices to make phone calls or send text messages.

All the legislative and regulatory accidents mentioned were taken because every study ever conducted on the effects of using cell phones and other electronic devices while driving has shown that traffic accidents increase when drivers talk or text on the devices. This holds true for both handheld and, to a lesser extent, hands-free devices. Certainly, a cab ride in any city anywhere will prove to anyone that restricting the use of handheld devices will not reduce the number, length or distraction of phone calls for the driver.

No one should interpret the seeming lack of effect of bans on using handheld cell phones on the number of automobile insurance claims as evidence that such bans should be lifted. And to the institute's credit, HDLI president Adrian Lund said in a press release that "the new findings don't match what we already know about the risk of phoning and texting while driving. .. We're currently gathering data to figure out this mismatch."

EJL

Newport News Police Officer Bitten, Injured by Pit Bull

Mon, 01 Feb 2010 08:00:00 EST

My colleague Randy Appleton reports on a pit bull attack on a Newport News police officer in his latest post to the Norfolk Injuryboard. Randy cites statistics showing that pill bull attacks can be especially harmful and deadly, while also noting that pet owners can be held responsible for the actions of their dogs if they knew or should have known the dogs posed a particular threat to injure or kill people.

EJL

West Virginia (WV) Suit Points to Problems With Proving Corporate Liability

jlewis@hsinjurylaw.com (Blog Author)25969 — Mon, 01 Feb 2010 08:00:00 EST

A lawsuit filed in West Virginia by a widow whose husband died after his Suzuki Boulevard motorcycle ran off a highway and hit a guardrail prompted my colleague John Cooper to consider the difficulties of establishing product liability in his latest post to the Virginia Beach Injuryboard. [URL to come] John notes that companies will usually attempt to shift responsibility back on their products' users. He also writes that while making the case that a company has produced a defective or dangerous product that caused a serious injury or death, the effort can often prove worthwhile.

EJL

Drill Bit Left in Patient's Sinus by Oral Surgeon Prompts Lawsuit

jlewis@hsinjurylaw.com (Blog Author)25887 — Fri, 29 Jan 2010 08:00:00 EST

A Tampa, Florida (FL), woman is suing her oral surgeon after the surgeon lost and left a one-inch steel drill bit inside her sinus cavity. Details of the incident spelled out in the woman's lawsuit and reported in the Jan. 27 St. Petersburg (FL) Times include the following:

The surgeon's office "repeatedly" turned the woman away when she came in to report lingering bleeding, sharp pain, dizziness and numbness in her face.
An MRI performed at a hospital to discover the source of the woman's pain moved the drill bit around inside her sinus cavity. The hospital staff could not know that the drill bit was in her skull.
The drill bit showed up easily on X-rays the oral surgeon's office could have performed at any time during the 11 months in which the drill bit remained inside the woman's head.

An ear, nose and throat surgeon was able to remove the dental drill bit from the woman's sinus cavity, and I wish her a speedy recovery. Her lawsuit raises two important issues for any patient who may suffered as a result of surgical malpractice.

Objects left in patients following surgery can cause life-threatening infections, excruciating pain and internal injuries. Surgical teams need to keep an exact inventory of every instrument, sponge and device such as a needle or clamp used during an operation. The doctors, nurses and technicians must count and account for every device they use while performing surgery. Safe surgery checklists endorsed by the World Health Organization and proven to work in a clinical study reported in the Jan. 29, 2009, Journal of the American Medical Association remind surgical teams to ensure that all foreign objects have been removed from a patient.

Another problem, if the woman's charges are sustained at trial, is that the oral surgeon and his office staff failed in their duty to provide adequate follow-up care. They appear to have ignored complaints of surgical complications and, therefore, failed to do necessary tests and evaluations to determine if the woman was having surgery-related health problems. This would mean that the surgeon and staff fell far short of the standard of care they had professional, ethical and legal obligations to provide.

EJL

Amtrak Train Headed to Florida Partially Derails in Fairfax County, Virginia

Thu, 28 Jan 2010 08:00:00 EST

An Amtrak train carrying over 700 passengers on its way to Florida partially derailed in Fairfax County, Virginia (VA) leading to multiple injuries, according to the Washington Post. Reports indicate two front wheels on the train apparently lost contact with the tracks causing the derailment.

The Amtrak Train (#97) was considered a "special train" and this was not a standard service trip.

The details of what exactly caused the two wheels to lose contact with the track are unknown. Could there be a structural or mechanical issue with the track itself? Maybe. We'll have to wait and see what the investigation reveals.

This accident comes on the heels of a fatal Metro rail accident where two employees were killed by a maintenance truck while installing new safety equipment to the track . This Amtrak accident also comes at a time when the Obama administration is advocating for light-rail expansion and promoting rail as a good way to travel.

From January to October of 2009, Amtrak had 1,193 train accidents/incidences with 109 fatalities and 1,074 injuries, according to the Federal Railroad Administration Office of Safety Analysis.

If the administration truly wants to promote rail as legitimate form of transportation for the general public to use on a regular basis, getting the right safety protocols in place to prevent these types of derailments is necessary.

Missed Heart Disease Diagnosis Led to Fatal Car Accident on Drive From Doctor's Office

Thu, 28 Jan 2010 08:00:00 EST

On Feb. 11, 2009, a man went to see Orange, Virginia (VA), doctor Amy Cooley, complaining of a three-week case of heartburn and pain and pressure in his chest. Cooley, according to a report in the Fredericksburg Freelance Lance-Star, determined that the man had a blood pressure of 200/100 mm Hg and, despite having prescriptions for high blood pressure medications, was not taking the right steps to control his hypertension.

The man received new prescriptions from Dr. Cooley, heard a lecture on eating healthier and was sent home. Driving home from Cooley's office, the man died in a single-car crash caused in part, the medical examiner determined, his heart condition. In other words, the man had a final heart attack just before crashing, and dying in, his car.

The Virginia Board of Medicine opened a case on Cooley and determined that her actions merited a reprimand and an order to complete 12 hours of emergency and urgent care training.

Classic heart attack symptoms include pressure in the chest, extremely high blood pressure and burning in the chest. That Cooley could miss these signs that the man was having a serious health crisis--especially considering his obvious history of hypertension--seems almost impossible. The disciplinary panel of the medical board might have been justified in going further than reprimanding Cooley. Failure to diagnose and provide appropriate therapy can result in limiting, suspending and revoking a medical license.

Traffic fatalities following medical crises are unfortunately fairly common. That a doctor had a prime opportunity to prevent such a tragedy simply by making a fairly obvious diagnosis and delivering standard care such as ensuring the man was taken to a hospital for emergency treatment, is rare. That the doctor did not make the right interventions is close to unforgivable.

My colleagues and I have represented many patients who have suffered severe consequences from missed and mistaken diagnoses. Doctors are not infallible, of course, but they do have professional, ethical and legal obligations to follow standards of care and identify and relieve patients' problems. If they egregiously fail to meet those obligations, they should face a higher penalty than a reprimand and extra coursework.

EJL

Hormone Replacement Therapy Prempro Linked to Breast Cancer

Wed, 27 Jan 2010 08:00:00 EST

Just before Thanksgiving 2009, two juries handed down separate judgments ordering the maker of the hormone replacement therapy medication Prempro to pay former users of the drug more than $100 million in damages. The juries concluded from evidence present at the trials that Prempro use contributed to the women's development of breast cancer.

A Peoria, Illinois (IL) woman was awarded $75 million. The other woman, who lives in Decatur, IL, received a judgment for $28 million.

Pfizer, which assumed liability for health problems caused by Prempro when it purchased the drug's original maker Wyeth in 2009, has vowed to appeal both cases. This refusal to accept responsibility for the harm caused by Prempro comes in the face of conclusive scientific evidence that HRT therapies increase women's risks for breast cancer, blood clots, heart attacks and strokes.

Pfizer also intends to try to argue away its liability for overpromoting the prescribing of a potentially dangerous drug even though Prempro's prescribing information now warns doctors and patients about the drug's potential to cause or worsen breast cancer tumors that grow when exposed to large amounts of estrogen. Estrogen is the main active component of Prempro, and like birth control pills, the most-often prescribed version of Prempro also contains a form of the hormone progesterone.

Anyone injured by a prescription medication has been victimized at a time when they were already extremely vulnerable. Drug companies that make and push the use of medications that harm or kill patients must be held accountable. When it comes to the recent Prempro judgments, I hope Pfizer's appeals will fall on deaf ears.

EJL

Fatal Car Wreck on Military Highway in Chesapeake, Virginia

Tue, 26 Jan 2010 08:00:00 EST

Brandon Drewrey was about to exit a Texaco gas station on Military Highway in Chesapeake, Virginia (VA) when a Ford-150 pickup truck suddenly swerved and hit Mr. Drewrey's Toyota Camry. The wreck was so severe that Mr. Drewrey died at the scene, according to wtkr.com.

To the friends and family of Mr. Drewrey, I am very sorry for your loss. Any death due to an accident is terrible, but it's especially tragic when someone who was just 31 years old was taken from us far too soon.

The details of the accident aren't clear but the most pressing question has to be - what caused the driver of the pickup truck to veer off and slam into the Camry? Was there a mechanical issue? Was the driver intoxicated or distracted? We have to wait and see what the accident report reveals.

Sadly, Chesapeake has seen its fair share of major car crashes. In 2008, there were 2,977 car accidents resulting in 15 deaths and 1,924 injuries, according to the DMV. In the Commonwealth as a whole, two people die and 189 people are injured every day due to car wrecks.

DC Metro Workers Killed in Third Fatal Accident Since June 2009

Tue, 26 Jan 2010 08:00:00 EST

"Two Metro workers were struck and killed by a maintenance vehicle along a track Tuesday, the latest in a string of fatalities since last year in the Washington area's commuter rail system."

So begins an Associated Press report on a Jan. 26, 2010, accident in which two automatic train technicians died after being hit by a truck while repairing tracks outside the Rockville Metro station in Maryland. The Washington Metropolitan Area Transit Authority did not immediately release the victims' names.

The "string of fatalities" the AP report references beganin last June when an automatic braking system failed and a Metro train crashed into another train stopped on the tracks ahead of it. That collision near the Fort Totten station in the eastern D.C. suburbs claimed 9 people's lives and injured 76 crew members and passengers. In August, a track worker was run over and killed by a gravel spreader while doing upgrades on the line between Metro's Dunn Loring and Vienna stations.

WMATA workers have also experienced several nonfatal accidents in the last few months. A particularly dramatic incident occurred at the end of November, when three workers got injured in a train collision near the West Falls Church station in Virginia.

I will repeat two questions that I've asked previously in blog posts, "What's wrong with DC Metro? How many accidents need to occur before DC Metro officials actually enact legitimate changes to the system?"

The commuter rail system overseen by WMATA has drawn criticism for its safety lapses since at least 2001, when the U.S. Government Accountability Office issued a report that opens with the statement, that WMATA's "public transit system has experienced problems with the safety and reliability of its transit services, including equipment breakdowns, delays in scheduled service, unprecedented crowding on trains, and some accidents and tunnel fires."

With Metro expanding its rail network to Dulles Airport within the next five decade, much of the transit agency's infrastructure and rolling stock approaching 35 years in age, and a rash of fatal accidents, WMATA has to prioritize safety. The agency pledged to do that following the August accident, but, obviously, much work remains to be done.

EJL

Virginia (VA) Car Insurers Must Offer Medical Payments Coverage

jlewis@hsinjurylaw.com (Blog Author)25652 — Mon, 25 Jan 2010 08:00:00 EST

My colleague John Cooper has just written a new Library article on the responsibilities automobile insurance companies have to cover the medical expenses and lost wages of victims of car accidents. John explains in plain language what Virginia requires and observes that insurance companies may be reluctant to meet those responsibilities.

EJL

Trucking Associations Praise Gov. McDonnell for Re-Opening Rest Areas

Mon, 25 Jan 2010 08:00:00 EST

Two prominent trucking associations - the American Trucking Association (ATA) and Virginia Trucking Association (VTA) - praised Gov. Bob McDonnell's initiative to re-open all currently closed rest areas by April 15, according to prnewswire.com.

Both groups cited the safety risks associated with a lack of rest stops, especially for commercial truckers who may need a break after driving for hours on end.

"Closing these rest areas last year potentially decreased highway safety for both the motoring public and truck drivers alike," said ATA President and CEO Bill Graves.

Gov. McDonnell said, "The darkened rest stops ... left truckers and families without safe and secure areas at which they could get a break from the road, increasing the potential for accidents."

The Federal Motor Carrier Safety Administration (FMCSA) reports more than 750 people die and 20,000 more are injured every year due to fatigued commercial truck drivers. The risk of a wreck effectively doubles from the eighth to the tenth hour of driving, and doubles again from the tenth to the eleventh hour of driving, according to saferoads.org.

In addition, the National Highway Transportation and Safety Administration reports truck driver fatigue is a contributing factor in as many as 30 to 40 percent of all commercial truck wrecks.

These statistics would indicate that having better rested truckers on the roads could lead to a decrease in truck crashes. Will re-opening the rest areas ensure this result? No one really knows for sure, but hopefully having more rest areas open will produce positive results.

The next challenge will be to keep a steady stream of funding for the rest areas to remain open while still trying to shore up a $4 billion state budget gap.

Training the Key to Preventing Fire Tanker Truck Rollovers

jlewis@hsinjurylaw.com (Blog Author)25583 — Mon, 25 Jan 2010 08:00:00 EST

While not common, tanker truck rollovers cause a significant injuries and deaths among firefighters. In his latest post to the Virginia Trucking Accident/Injury Blog, my colleague John Cooper takes note of one of the latest of the these unfortunate accidents in which an 18-year-old North Carolina (NC) firefighter became paralyzed. Since driver errors such as speeding and oversteering account for most tanker truck rollovers, initial and regular refresher training is the best way to prevent such accidents. John provides links to relevant driver training standards and regulations.

EJL

Families of Two Teens Receive Settlement for Fatal Light Rail Accident

Sun, 24 Jan 2010 08:00:00 EST

Two teens were hit and killed by a light rail train traveling in Lutherville, Maryland (MD) back in July of 2009. The families of these teens were considering filing a lawsuit but reach a $1.5 million settlement via mediation from the Maryland Board of Public Works, according to myfoxdc.com.

The two teens were walking along southbound tracks when a light rail train that usually travels on northbound tracks came out of nowhere and hit the teens. The operator of the train did not stop and another train that traveled by later that day allegedly failed to notice the two bodies.

The families' attorneys filed a legal notice stating the train operator took their eyes off the track just before the accident and had no satisfactory explanation for their actions. In addition, both rail operators did not report the sighting of the teens on the tracks and the agency lacked a procedure for notifying operators to take extra precautions when trains were being operated on alternate tracks. Both train operators were eventually fired and six other employees were disciplined, according to the Baltimore Sun.

A $1.5 million settlement is not enough to truly compensate the family members who are struggling with grief. No settlement amount is ever enough for a loss of life. Though, I am glad to see the families receive something for their pain and suffering.

These types of settlements will hopefully send a signal to the rest of the rail community that following proper safety procedures is crucial.

New FELA Claims Filed Against Norfolk Southern in West Virginia (WV)

Sun, 24 Jan 2010 08:00:00 EST

Two West Virginia (WV) men who used to work for Norfolk southern have filed suits against the company after being serious injured and disabled while doing their jobs, my colleague Randy Appleton reports in his latest post to the Norfolk Injuryboard. The former trackman/machine operator and conductor are seeking judgments against NS under the Federal Employers' Liability Act. Randy notes that the men, who became injured in separate incidents, must prove that negligence by NS and its representatives led to their injuries in order to win their lawsuits.

EJL

Fatal Industrial Accident in Lynchburg, Virginia

Sun, 24 Jan 2010 08:00:00 EST

Jerry Wayne Evans of Forest, Virginia (VA) was working late at International Paper when tragedy struck. Reports indicate that around midnight, Mr. Evans suffered a serious injury while operating some heavy machinery. Police were notified and he was rushed to Lynchburg General Hospital but did not survive, according to The News & Advance.

Our deepest sympathies go out to Mr. Evans' friends and family. He was only 39 years old.

The details of what exactly happened aren't clear since the industrial accident is still under investigation. The most pressing questions include - what type of equipment was Mr. Evans operating? Did this equipment malfunction in some way? Were there any other circumstances which led to the fatal accident? We have to wait and see what the official accident report states.

International Paper has experienced fatalities due to industrial accidents in the recent past. Back in February of 2009, an employee at an International Paper wood yard in Georgia (GA) was killed after being hit by a timber loading crane, according to the Augusta Chronicle.

In 2008, the total number of industrial accidents in Virginia (VA) was 3,452 with 85 percent of those accidents occurring in the private industry, according to the Bureau of Labor Statistics. The stats indicate nine industrial accidents occur every day in the Commonwealth.

These numbers need to go down. Too many employees are getting seriously injured or killed in these incidences, many of which are preventable. We have laws and regulations in place to try and prevent industrial accidents, but it takes a concerted effort from industry and the private sector to ensure those laws and regulations are adhered to.

Suspected Drunk Driver Kills Woman in West Virginia (WV)

Sat, 23 Jan 2010 08:00:00 EST

West Virginia (WV) has the fifth highest per capita rate of drunk driving fatalities in the United States, and the Mountaineer State may hold on to that distinction in 2010 if early reports are an indication of what will happen on West Virginia roadways the rest of this year.

On Jan. 19, state police charged Sarah Pack with DUI after Pack crashed into another car traveling in the same lane of Route 73 near the town of Logan and killed the driver of the other car. Three days later, on Jan. 22, Jerry Alfred Wright II flipped his car on Route 14 near Mineral Springs and killed his passenger. Wright was also injured in the crash, and breath tests conducted at the hospital showed he had a blood alcohol content of .241. Two weeks earlier, Charles D. Myers of Martinsburg somehow managed to avoid killing himself when, while drunk and driving on the night of Jan. 7, he spun out his car and wound up in a ditch. Myers' car caught fire, but he got out of the vehicle. Myers now faces his second DUI charge.

During my two decades representing victims of drunk driving accidents, I have seen too often how much pain, suffering and loss intoxicated drivers cause. And nearly every day, I learn that another person has claimed a life or seriously injured another person after getting behind the wheel after drinking too much alcohol. Until that is no longer the case, my colleagues and I will remain committed to highlighting the dangers of drunk driving and ensuring victims of the unsafe and irresponsible actions of others receive justice.

EJL

Federal Regulators Propose Putting Cameras in Locomotive Cabs

Fri, 22 Jan 2010 08:00:00 EST

The National Transportation Safety Board is seeking regulations that would require mounting video and voice recorders inside the cabs of every locomotive, my colleague Rick Shapiro reports in his latest post to the Virginia Beach Injuryboard. The recommendation to the Fedral Railroad Administration comes in the wake of official findings that the deadly collision between a Metrolink commuter train and a Union Pacific freight train near Los Angeles in September 2008 occurred because the commuter train's chief engineer was texting instead of watching for stop signals. Rick says that while in-cab recording devices could potentially reduce unsafe crew behaviors, safeguards must be written into any such regulations that would bar companies from using those video cameras and voice recorders for purely disciplinary purposes.

EJL

New Side Effect of Yaz and Yasmin Decreased Bone Density

Fri, 22 Jan 2010 08:00:00 EST

As if the list of potential negative side effects from Yaz and Yasmin wasn't long enough, add a new one -- decreased bone density. A study released in the January edition of Contraception found a 5.9 decrease in bone mineral density in the spines of young women (ages 14-30) who took a birth control pill for over a year.

The study included over 600 women with researchers reviewing oral contraceptive use, the duration of use and the estrogen dose in the contraception, according to Business Week.

"If oral contraceptives are indeed causing the approximately 5 percent lower spine bone density for oral contraceptive users versus non-users that we observed in our study, and if that impact is not reversed with oral contraceptive discontinuation or with other factors that may occur across the life span, a 5 percent lower bone density after menopause is associated with approximately 50 percent more osteoporotic fractures," said Delia Scholes who works for the Group Health Institute.

Yaz and Yasmin birth control pills are already under fire for causing serious side effects such as blood clots, breast lumps, numbness, and gallstones eventually leading to gallbladder removal surgery.

Our firm wrote an in-depth, special consumer report about the risks associated with Yaz, Yasmin, and the generic Ocella. Take advantage of the free download here.

The newest potential side effect of decreased bone density could create a host of other serious health problems for women. Delia Scholes mentioned a higher risk for fractures, but having less bone density can also lead to general weakness, lack of energy, and an inability to complete simple tasks like bending over to pick something up.

More medical studies will probably be conducted to substantiate these new findings, but this revelation emphasizes the dangers of certain contraceptives and far too many young women could face lifelong side effects as a result.

Poorly Designed Cribs and Strollers Are Killing and Injuring Growing Numbers of Children

jlewis@hsinjurylaw.com (Blog Author)25387 — Thu, 21 Jan 2010 08:00:00 EST

The three-month period between November 2009 and January 2010 saw four massive U.S. recalls of cribs and strollers because the products were killing and injuring infants and toddlers.

The following rundown of these recalls raises questions such as why the products were not designed safely in the first place, why the cribs and stollers were kept on the market after their dangers became apparent, and what responsibilities the crib and stoller makers have to correct the problems and reimburse victims.

Stork Craft Drop-Side Cribs: More than 2 million cribs recalled in Canada and the United States after four babies younger than 12 months old suffocated when the moveable side of their crib slipped and caused them to become trapped between the crib wall and mattress. Another 15 infants fell out their cribs and suffered injuries such as concussions.
Maclaren Strollers: Twelve children had their fingertips amputed when they got their fingers caught in hinges on the strollers. Nearly one million products were recalled.
Dorel Asia Cribs: Similar to the problem with the stork Craft cribs, moveable sides on an estimated 635 Dorel Asia drop-side cribs can slip and lead to the entrapment of babies. At least 31 infants became entrapped, and one 6-month-old in Iowa suffocated to death, while sleeping in a recalled Dorel Asia crib.
Graco Strollers: An uncovered hinge that lets parents adjust the canopy angle on about 1.5 million Graco strollers was responsible for amputating the fingertips of five children.

The list of "Infant/Child Recalls" on the U.S. Consumer Product Safety Commision Web site names hundreds of products, ranging from hooded sweatshirts whose drawstrings can choke young wearers to cloth books that contain lead in their plastic inserts..

The length of the list shows that federal regulators will eventually take notice of dangerous and defective products that injure and kill children--although usually only after the worst happens many times.

The long list also shows that hundreds of companies design, make and sell childrens' products with little or no regard for safety. Each of the recalls summarized above was "voluntary." Which is to say that the companies that produced the unsafe cribs and strollers did not wait for CPSC or other officials to order them to take the products off the market or repair the products already sold and in people's homes.

A voluntary recall represents an admission by a product manufacturer or seller that the recalled item poses serious risks to consumers. This admission provides a strong basis for a product liability claim for any injury or death suffered as a result of using the recalled product. Each parent and family who lost a beloved child to a dangerous or defective product, or who saw a child injured by such a product, deserves compensation. I hope they receive it.

EJL

Fatal Accident on U.S. 58 in Suffolk

Wed, 20 Jan 2010 08:00:00 EST

David Chavis was driving along in his pickup truck on U.S. 58 in Suffolk, Virginia (VA) when a Dodge Neon crossed the median and wound up colliding with his vehicle. The car crash was so severe that Mr. Chavis died at the scene, according to WAVY.com.

My deepest sympathies go out to Mr. Chavis' friends and family. He was only 46 years old.

The details of the accident are still hazy. All we know at this point is that the driver of the Neon crossed the median, hit a guardrail, went air borne, and finally slammed into Mr. Chavis' pickup truck.

View Larger Map

The most pressing question has to be - what caused the driver of the Neon to cross the median? Were they distracted, intoxicated, or was there some type of mechanical issue? We have to wait and see what the official accident report states before we can determine a conclusion.

Sadly, fatal car wrecks are all too common in Virginia (VA). In fact, a car wreck occurs every 3.89 minutes and two lives are lost every day in fatal car accidents, according to the DMV. In Suffolk, a total of 1,590 car crashes occurred in 2008 resulting in 17 deaths and 787 serious injuries.

Medical Studies Continue to Support Increased Risk of Blood Clots with Yaz/Yasmin Use

Tue, 19 Jan 2010 08:00:00 EST

The BMJ Group released a medical study in August of 2009 claiming a heightened "venous thrombotic" risk due to taking certain oral contraceptives. Venous thrombosis is the medical term used to describe a blood clot. The study, which featured 1,524 patients, revealed a fivefold increase in the risk of blood clots

BMJ also released a national follow-up study which followed numerous female patients in Denmark from 1995-2005. Over 4,000 blood clots developed, but even more shocking was the fact that nearly half of these blood clots occurred in patients who were currently using birth control pills such as Yaz and Yasmin.

So what do these medical studies mean to you? Well, if you're taking a birth control pill like Yaz or Yasmin, you should visit your physician for a checkup. You should also download our free consumer report about Yaz and Yasmin to make you're fully informed about these prescription birth control pills. If you think Yaz and Yasmin are perfectly safe, consider the list of common side effects associated with these contraceptives...

Breast lumps
Chest pain
Confusion
Gallstones
Nausea
Pain spreading to the arm or shoulder
Pancreatitis
Problems with vision, speech, or balance
Stroke
Sudden numbness
Sweating
Symptoms of depression

It's not definite you'll suffer one of these terrible side effects, but given the fact that as many as 25,000 lawsuits could be filed against Bayer, the manufacturers of Yaz and Yasmin, shows that many women are having their lives adversely effected by these dangerous drugs.

Here's an example of what a young woman endured after taking Yaz birth control pills...

If you or a loved one suffered side effects due to Yaz or Yazmin, please consider giving our law firm a call so you can talk to a real attorney for free.

Major Medical Mistake: Doctor Removes Wrong Kidneys

jlewis@hsinjurylaw.com (Blog Author)25195 — Mon, 18 Jan 2010 08:00:00 EST

In a prime example of medical malpractice, a doctor in Minnesota removed the wrong kidneys of a patient in 2008. Finally, after two long years, the doctor received their punishment - a ban from performing surgical procedures, according to The National Ledger.

This isn't the first time the wrong kidney has been removed from a patient. In July of 2009, a surgeon in California made the same surgical mistake and the patient was stuck with the diseased kidney while enduring dialysis every three days to stay alive, according to PE.com.

"Hospitals need to be very careful in following procedures and instructions. A simple apology doesn't work," said Francisco Torres, the victim of the California surgical error.

Very true.

Over 200,000 people die each year due to preventable medical errors and infections, according to a study by Hearst Newspapers. A common surgical error includes leaving sponges, knives, and/or needles inside a patient. However, removing the wrong kidneys is certainly a major medical error.

I'm glad to see action was taken to try and rectify the situation in Minnesota. I understand that doctors and medical professionals are human and will make mistakes from time to time, but to remove the wrong organ isn't a simple mistake - it is gross negligence.

If you, or a loved one, suffered an injury from a surgery and suspect it was due to a medical error, you should strong consider consulting with an attorney. You should also take a moment to review our free consumer guide which provides important information about surgical mistakes:

Top-5 Surgical Errors and How NOT to Become a Victim

Ongoing Track Maintenance and Improvements Are Needed to Prevent Derailments

Mon, 18 Jan 2010 08:00:00 EST

Last week I received two pieces of news about Amtrak from different e-mail newsletters I subscribe to. The first concerned the derailment of a passenger train north of St. Louis, Missouri (MO). The second concerned Amtak's plans to use federal economic stimulus money and some of its own funds to improve tracks and switches at selected stations, replace nearly 200,000 wooden and concrete crossties, and repair and replace bridges along its lines.

Even though the cause of the derailment outside of St. Louis in which nine people were injured was a collision with a truck on the tracks, the news of the derailment and the planned track repairs and upgrades are inextricably linked. Eighteen of the 28 of the Amtrak derailments reported to the Federal Railroad Administration during 2009 were caused by track problems. Another seven derailments resulted from human errors such as failure to use handbrakes appropriately and disregarding switching signals or procedures.

The track problems ranged from broken switches to rail gauges that had widened or narrowed because crossties broke or became warped. Derailments often cause significant property damage, injuries and deaths. Eliminating mechanical causes for derailments needs to be a priority. Rail operators have a duty to keep their tracks in proper repair and working order, especially as they expand high-speed train routes. Trains are difficult to stop and control at any speed, and these difficulties increase exponentially as trains surpass 100 mph.

I'm happy to see that Amtrak is taking advantage of its federal windfall to meet this responsibility to ensure the safety of its tracks. I hope that the company will keep fixing its tracks at the top of its to-do list each year and that other rail operators such as CSX, Burlington Northern Santa Fe and Norfolk Southern do the same.

EJL

Risks for Large Truck Accidents Rise After Sun Sets

Sun, 17 Jan 2010 08:00:00 EST

In his latest post to the Virginia Trucking Accident/Injury Blog, my colleague Rick Shapiro notes that one-third of fatal traffic accidents involving tractor trailers, 18-wheelers and other large trucks occur between 8 pm and 7 am. He explains that so many serious truck accidents occur during the night because truckers do not always get enough rest--driving past the point of fatigue--and because drivers "over drive" their headlights. Over driving headlights means driving so fast that the distance required to come to a complete stop is longer than the distance the vehicle's headlights allow the driver to see clearly.

EJL

Hormone Replacement Therapy Lawsuit Revived for Pennsylvania Woman Who Developed Breast Cancer

Sun, 17 Jan 2010 08:00:00 EST

A $1.5 million judgment for the husband of a Pennsylvania (PA) woman who developed breast cancer after taking the hormone replacement therapy drug Prempro has been revived despite an earlier court ruling that the plaintiff's lawsuit was filed past a state statute of limitation on defective and dangerous product claims. The drugmaker originally ordered to pay the judgment, Pharmacia & Upjohn, which is now wholly owned by Pfizer, will continue to try to get the judgment dismissed. Nonetheless, the revival of the case is a victory for all women who suffered permanent, and sometimes fatal, health problems due to long-term hormone replacement therapy.

Hormone-replacement therapy, or HRT, treatments are, essentially, birth control pills. Like most hormonal birth control pills, HRT tablets and capsules contain a mix of natural or synthetic forms of estrogen and progesterone. The two hormonal therapies, therefore, also have many of the same potential side effects, including increased risks for breast cancer, heart attacks and strokes.

During the 1990s and early 2000s, doctors regularly prescribed products such as Prempro for women as soon as they began menopause. In the short term, HRT treatments reduce the hot flashes, mood swings and other symptoms of menopause. HRT can also strengthen women's bones, preventing the onset and slowing the progress of osteoporosis.

When taken for more than a few months, however, HRT can significantly raise a woman's cholesterol, spur the formation of blood clots and foster the growth of estrogen-sensitive tumors in the breast. These risks became widely recognized in July 2004; the woman at the center of the Pennsylvania case developed cancer in 2002 and had not been adequately warned about Prempro's potential to cause breast cancer.

I noted above that the revival of the Pennsylvania case is a victory for all women harmed by HRT. This is because the revival makes it possible for those women to hold drugmakers accountable for causing injuries and deaths. While drugmakers cannot always know all the risks their medications pose, they must always be held responsible when one of their products is proven unsafe. Avoiding that responsibility by invoking short statutes of limitation should not be allowed, and I am glad it was not allowed in this instance.

EJL

Too Much Radiation Perforates Bowel, Kills Chicago Woman

jlewis@hsinjurylaw.com (Blog Author)25124 — Sat, 16 Jan 2010 08:00:00 EST

A Chicago, Illinois (IL)-area family has received a $7.5 million settlement from a hospital, oncologist and treatment provider because medical records clearly showed that the mother and wife received harmful doses of radiation while being treated for endometrial cancer.

The Chicago Sun-Times reported that Patricia Quirk received 17 treatments from Little Company of Mary Hospital, Radiation Oncology S.C., and physician Vera Petras that were 50 percent higher than prescribed. The overdoses of radiation perforated her bowel, and the internal injury became infected. That infection led to Quirk's death.

Many things went wrong at many times in this case, and almost all the mistakes could have been caught before they resulted in tragedy. As pointed out in the newspaper article, the most important thing the doctor and technicians administering radiation doses could have done to protect the patient was confirm the dosage by checking the machine's setting against the patient's medical chart. This likely would have prevented any subsequent problems.

My sympathies go out to the Quirk family, and I am pleased they received some justice for the medical negligence that took their loved one from them. The settlement cannot make up for the family's loss, but health care professionals--from doctors and nurses to pharmacists and technicians--must be held accountable for their mistakes and errors.

EJL

Wrong Way Drivers Often Drunk, High

Fri, 15 Jan 2010 08:00:00 EST

On the night of Thursday, Jan. 14, a woman police suspect was drunk or on drugs drove into the Hampton Roads Bridge Tunnel on I-64 going the wrong way. No one died, but at least three accidents occurred and at least one other driver was injured, according to WAVY TV-10.

There may be nothing more frightening for a driver than to see another car or truck heading directly toward them, promising a head-on collision. Unfortunately, several residents of Norfolk, Virginia Beach, Newport News and the other cities of Hampton Roads have been injured or killed in wrong way accidents in the past month. The most tragic and inexplicable of these accidents was probably the crash on Dec. 29 in which a driver smashed through a lowered gate on a HOV lane exit on I-264 and took the life of a woman driving the right way.

Signs, signals and barriers are necessary to prevent wrong way traffic accidents. These are almost always in place, which then makes it drivers' responsibility for heeding those warnings. Drunk and drugged drivers are particularly prone to driving the wrong way on surfacce roads and highways because they are especially prone to ignoring traffic signs and signals. Drivers can only be assured of their safety when they can know that no one will be coming toward them, the wrong way, because of being drunk or high.

EJL

Fatal Medical Error in Military Hospital Highlights Injustice of Federal Tort Claims Act

jlewis@hsinjurylaw.com (Blog Author)25051 — Thu, 14 Jan 2010 08:00:00 EST

The wife of a retired U.S. Navy petty officer died after an active-duty U.S. Navy anesthesiologist at a Virginia military hospital failed to properly re-insert a breathing tube when the wife suffered obstructed breathing due to an obstruction in her airway, according to Virginia Lawyers Weekly.

A lawsuit was filed against the U.S. government through the Federal Tort Claims Act (FTCA). There are a number of rules and stipulations encompassing this law including:

1.)All suits must be filed in federal courts.

2.)There is no right to a jury trial. The matter is decided by a federal judge.

3.)Before any such suit can be filed, there is an administrative claim form which must be filed with the government that is a prerequisite to any lawsuit. This is essentially a trap that can snuff out a claim when a person fails to follow the administrative rule.

All three of these rules are restrictive and hinder an injured individual or the family of a wrongful death victim to seek justice through the courts.

The justice system for civilians doesn't work this way. If a doctor, surgeon, or any other medical professional makes a medical mistake and is found liable by a jury, the medical professional will need to provide compensation to the victim or the victim's family (usually through medical malpractice insurance). That makes sense. The military hospital statutes within the FTCA do not make sense.

Fortunately, the family of the wife who tragically died at the U.S. Navy hospital received a $450,000 settlement. Though, they were wise enough to seek legal representation early on in order to comply with the FTCA.

If you or a loved one suffered an injury due to a medical mistake or surgical error at a hospital (either military or civilian), please consider contacting our firm for a no-cost conversation with an actual attorney.

Sunken Train Tracks Pose Serious Dangers

Thu, 14 Jan 2010 08:00:00 EST

Maintaining safe railroad crossings is a primary responsibility for any rail company. My colleague Randy Appleton notes in his latest post to the Norfolk Injuryboard that CSX is not fully meeting this responsibility because it has repeatedly delayed making repairs to a sunken crossing on Rt. 17 in York County, Virginia (VA). When train crossing fall below the level of the roadbed, drivers face multiple risks, ranging from rear-end collisions to becoming stuck on the tracks. I join Randy in urging CSX to fixing the sunken crossing as quickly as possible.

EJL

Fatal Car Crash Highlights Insurance Company Tactics to Avoid Paying a Claim

Thu, 14 Jan 2010 08:00:00 EST

Many people have let a friend, family member, or even a business associate drive their car. It could have just been for a quick trip to a 7-11 or the dry cleaners. However, if a car crash occurs and someone suffers a serious injury, there's a chance your insurance company may try to avoid paying potential claims through contesting the "permissive use" clause in a policy.

Permissive use is a legal term used to describe a situation where a car owner gives permission to someone not directly listed on the owner's insurance policy to drive the vehicle. If it can be determined that the individual who drove your car and got into the wreck did not have permission to operate the vehicle, then your insurance company may not be required to cover expenses associated with the accident.

An example of an insurance trying to avoid paying a claim involved an employer letting an employee drive their pickup truck during Labor Day Weekend in Richmond, Virginia (VA). The employee recklessly got behind the wheel of the truck after drinking so much alcohol that their blood alcohol level was 0.18 (the legal limit is 0.08). Result - the employee hit a parked car which was propelled into the yard of where a party was held killing two people.

The employee was charged with voluntary manslaughter and sentenced to 10 years in prison. The families of the two decedents filed a wrongful death claim but the insurance company defense attorneys tried to argue that the employee did not have permission to use the pickup truck and, therefore, the employer's insurance policy cannot be pursued by the plaintiff's attorneys and should try to pursue damages from the at-fault driver (i.e. the drunk employee). However, the available evidence pointed to the employer providing permissive use of the pickup truck and two $1,000,000 settlements were reached for the estate of each decedent.

Insurance companies don't always try to get out of the permissive use clause. It usually depends on the circumstances of the case and the size of the claim, but don't be surprised if this tactic is used in court if you file a serious injury or wrongful death claim stemming from a car crash.

Banning Texting, Cell Phone Use While Driving the Focus of New National Organization

Wed, 13 Jan 2010 08:00:00 EST

Virginia and North Carolina are among the 19 states that prohibit drivers from using electronic devices to send text messages while in motion. If a newly formed national advocacy group called FocusDriven succeeds in its mission, every state will also enact bans on texting while driving.

Any person on the highways of Norfolk, Virginia Beach or any other city cannot stop at a stoplight without seeing almost every other driver surrounding them talking or texting on a cell phone. With nearly every driver owning a cell phone and using it to do business or just talk to family or friends, the temptation to text and e-mail while driving is nearly irresistible, especially to teen drivers.

FocusDriven, which has the support of the U.S. Department of Transportation, has the primary goal of limiting distractions for drivers. At the top of the list of those distractions are hand-held cell phones, especially phones drivers use to send and receive text messages. Federal Transportation Secretary Ray LaHood went even further when discussing the launch of FocusDriven, saying, "I'm on a rampage about distracted driving. I'm not going to give up on it. I'm going to do everything I can to try to make sure people drive safely--without cell phones, without Bluetooth, without Blackberries."

LaHood's agency hosted a Distracted Driving Summit in September 2009, and President Barack Obama issued an executive order last October that prohibits individuals from texting while driving government vehicles. That is a good start, but it's only a start.

Studies have shown that distracted driving is as dangerous as drunk or drugged driving. Real-world examples of how hazardous it is to use cell phones, PDAs or laptops from behind the wheel are also depressingly numerous. A California (CA) woman fatally crashed while texting just before New Year's 2010. In 2007, a tractor trailer driver reaching for his cell phone slammed into several cars on I-64 outside of St. Louis, killing three people and injuring many others. In all, each day in the United States, as many 8,000 traffic accidents involve a driver using an electronic communication device.

State and federal officials must act to discourage distracted driving, and particularly texting while driving. More importantly, drivers need to turn off and put away their cell phones, PDAs and other electronic devices every time they get on the road.

EJL

All Vehicles Are at Risk for Rolling Over in Traffic Accidents

Tue, 12 Jan 2010 08:00:00 EST

Last week, my colleague Rick Shapiro took note of an accident on I-64 in Hampton, Virginia (VA), in which a pickup truck rolled over. Thankfully, no one was injured in that accident, but it called attention to the potential of serious injuries or deaths from rollover accidents because of weak pickup truck roofs.

The accident also focuses attention on the potential for all cars, pickups, SUVs, passenger vans, and even tractor trailers and emergency vehicles to tip or flip given the right -- which is to say "wrong" -- conditions. Federal regulators have pushed consistently over the past four decades to improve vehicle stability. Still, according to the National Highway Transportation Safety Administration, more than 10,000 Americans die each year when the car or truck they are driving or riding in rolls over.

The NHTSA notes repeatedly on its Web site that the overwhelming majority of fatal rollover accidents involve only the flipped or tipped vehicle. This indicates that distracted, drunk or reckless driving lies at the root of most such accidents. At the same time, car and truck makers have an obligation to make vehicles that maintain their stability as well as possible in all circumstances.

Vehicles continue to be at risk for rolling over, however. The PBS show Frontline combed through the NTSB Web site and compiled these tips for drivers on how to avoid rollover accidents:

Do not speed, drive under the influence of alcohol or drugs, or drive when excessively drowsy.
Do not steer in a panicked manner when one or more wheels leave the road. For instance, if a front tire slips over a shoulder, slow down gradually and gently ease your vehicle back on to the road.
Keep your tires properly inflated and replace worn and damaged tires. Flat tires make vehicles more prone to rolling over.
Load vehicles properly. Carrying uneven or highly stacked loads makes vehicles harder to control when going around curves.

EJL

Medical Error with Fentanyl Leaves Patient Brain Damaged

jlewis@hsinjurylaw.com (Blog Author)24925 — Tue, 12 Jan 2010 08:00:00 EST

A young man went in for hip surgery at a Virginia (VA) hospital and came out forever changed due to an egregious medical error. The young man explicitly requested not to be given narcotic pain medication, but a nurse failed to adhere to this simple request and administered fentanyl (based on an order from a physician), according to Virginia Lawyers Weekly.

Fentanyl is an extremely powerful pain medication. In fact, it's 80 times more powerful than morphine and 100 times more powerful than heroin. Yes, you read that right - more powerful than heroin! As a result, the young man went into cardiopulmonary arrest and was deprived of oxygen for a prolonged period of time. Fortunately, he survived, but suffered brain damage.

The victim received a $1,528,000 settlement for this terrible incident. Given the circumstances surrounding this medical mistake, I'd say this settlement was justified.

Roughly 200,000 people die every year due to preventable medical errors and hospital-related infections, according to a report by Hearst Newspapers. And this is just the number of reported deaths from medical mistakes. Since many states do not have a mandatory reporting system, the number could be much higher.

In the discussions revolving around health care reform, the issue of preventable medical errors was rarely broached. Sadly, the onus was placed on so-called tort reform and vilifying plaintiff attorneys. However, the attorney representing the young man who will forever struggle with brain damage was a plaintiff's attorney and he successfully litigated a settlement that will help the victim deal with a lifetime of medical expenses. How is he a villain in our legal system? The truth is, he isn't.

We need to place a national spotlight on preventable medical mistakes. Too many incidences similar to the young man who went in for hip surgery at a hospital and came out with brain damage occur every day. We need a national reporting system so we can fully evaluate the errors that take place followed by a blue-ribbon commission to implement an action strategy that will reduce the number of people severely affected by medical errors.

Standard of Care at Issue in Ohio (OH) Leg Amputation Lawsuit

jlewis@hsinjurylaw.com (Blog Author)24893 — Tue, 12 Jan 2010 08:00:00 EST

An Ohio (OH) family has filed suit against two hospitals and a managed care system, alleging that doctors in charge of treating their son for the flesh-eating streptococcus bacteria infection necrotizing fasciitis did not do enough to prevent the amputation of the boy's legs. According to a report in the Columbus Dispatch, the Haxton family has sued Riverside Methodist Hospital for care that "fell below accepted medical standards." Ohio Health Corp. and Ohio State University Medical Center have also been sued for failing to properly inform the family of the treatment plan.

I cannot comment on the specifics or merits of the Haxton family's case. I do recognize, though, that the case involves serious questions about doctors', hospitals' and managed care systems' duties to patients. For instance, could the doctors at Riverside have diagnosed or treated the strep infection more rapidly or more aggressively? What did the staff at Ohio Health and the OSU Medical Center tell the Haxtons, and when? Was it absolutely medically necessary to amputate both of the boy's legs?

The answers to these question will only emerge as evidence is gathered for the civil trial and as testimony is given in the courtroom, if the case progresses to that point. These types of questions are always worth asking, however.

My many years of representing victims of medical and surgical malpractice have shown me how important it is to explore every question concerning possibly inappropriate, negligent or mistaken care. It is essential for people who have suffered injuries while being treated in hospitals learn how and why those injuries occurred. It is even more essential that victims are able to hold the doctors, nurses, pharmacists or other health professionals who caused the injuries responsible.

EJL

Suffolk Man Dies Due to Surgical Complications After Being Hit in Farm Fresh Parking Lot

Mon, 11 Jan 2010 08:00:00 EST

James Richard Brown was walking out of a Farm Fresh in Suffolk, Virginia (VA) on December 21, just four days before Christmas, when his life took a dramatic turn for the worse. A car hit Mr. Brown resulting in a broken hip and a minor head injury. He was taken to the hospital and died due to complications from hip surgery, according to The Virginian-Pilot.

My deepest sympathies go out to his friends and family. He was 91 years old and it must have been difficult to have this terrible event take place during the holidays.

Most parking lot accidents are usually minor in damage and scope since a majority of vehicles are operating at a slow speed. However, as evident above, there are instances when these types of accidents take a tragic turn.

The best advice is to be extra vigilant when operating your vehicle in a parking lot. You never know when someone may walk out in front of you or a car suddenly pulls out from a parking space. Being especially cognizant in a parking lot could save a life and/or at least prevent a serious accident from occurring.

Williamsburg-area man killed in Sunday accident

Mon, 11 Jan 2010 08:00:00 EST

Williamsburg-area resident Steven Whitehead, 22, was killed Sunday when he lost control of his 2006 Pontiac in Williamsburg, WAVY-TV reported.

Whitehead, who lived in the 100 bock of Autumn East in the Seasons Trace section of James City County, was westbound on East Rochambeau Drive, a Virginia State Police spokeswoman told the media. He lost control of his Pontiac, went off the road and struck a tree.

Whitehead was apparently speeding; the spokeswoman told The Virginia Gazette that Whitehead "was apparently traveling at a high rate of speed" and did not wear a seat belt.

The crash happened close to the intersection of Barlow Road and East Rochambeau Drive, The Gazette said, at around 7 a.m. Sunday.

Seat belts are a driver or passenger's best defense against serious injury or death in an automobile accident, according to the Virginia Department of Motor Vehicles Web site. Using a seat belt properly will reduce the odds of dying in a traffic accident by 40 percent, the DMV says.

Airbags don't make seat belts irrelevent or unnecessary, the DMV says; however, they help further cut the odds of death or serious injury.

In addition, drivers who usually wear their seat belt often pays a lower auto insurance premium to pay for crah-related medical expenses than drivers who do not usually wear a seat belt.

In addition, wearing a seat belt helps a driver stay in a position where he or she can maintain control of the motor vehicle during a crash.

Rail Operators Must Clear Visual Obstructions Around Highway Crossings

Mon, 11 Jan 2010 08:00:00 EST

How safe can a railroad crossing be when it looks like this?

The image, taken in the course of a Transportation Safety Board of Canada investigation into a fatal crash involving a passenger train and a dump truck, illustrates that the truck drove into the path of the train largely because its driver could not see the approaching train.

The investigation also determined that no red lights or gates were in place to get drivers to stop before a train was immediately in view.

In the rail and highway industries, intersections where train tracks cross roadways at the same level are called "grade crossings." A 2007 report prepared for the Federal Railroad Administration determined that "the second highest percentage of train accident fatalities--42 percent from 1995 through 2005--(was) due to collisions at grade crossings." A principal recommendation in that report is that regulators must ensure that rail operators remove visual obstructions from around grade crossings.

My colleagues and I have been making this recommendation for many years, and we will continue to insist that companies such as Norfolk Southern and CSX do all they can to make sure that people do not enter railroad crossings unsuspectingly and unsafely. When drivers cannot see trains and also have no physical barriers to prevent accidents, the results are all-too-often tragic.

EJL

Rail Gates Must Be Respected, California (CA) Accident Shows

Sun, 10 Jan 2010 08:00:00 EST

My focus on railroad injury law requires me to spend time each time day scanning the Web for news stories regarding injuries involving rail workers, train passengers and collisions between trains and cars, trucks or pedestrians. Too often, I come across stories like the one about Orange County, California (CA), brothers who became critically injured after they drove around rail crossing gates and got hit by a Burlington Northern Santa Fe freight train.

This description of the accident from the Los Angeles Daily News bears quoting as an introduction to the following video: "A 3,700-ton Burlington Northern Santa Fe Railway train was eastbound at about 45-50 mph when it slammed into the black BMW headed south across the tracks at the rail crossing."

My colleagues and I have written repeatedly about the necessity for rail operators to install, maintain and consistently use gates, warning lights, stop signs, crosshbucks and other safety devices to alert motorists and pedestrians to the actual or possible approach of a train. BNSF appears to have taken all of these precautions in this case, and still the brothers drove into the path of the train.

Drivers and pedestrians must heed warnings about approaching trains -- both under the law and as a matter of self-preservation. With Amtrak, Norfolk Southern, CSX and, soon, Tide train tracks crisscrossing all the cities of Hampton Roads, rail crossing safety is an ever-present and ever-growing concern. When people drive or step in front of trains, the result can only be serious injury or death.

EJL

Use Electric Space Heaters Safely

jlewis@hsinjurylaw.com (Blog Author)24754 — Sat, 09 Jan 2010 08:00:00 EST

An estimated 25,000 house fires are caused by space heaters each year. A group sharing a house in Virginia Beach learned this first hand on Jan. 4, 2010, when their electric space heater ignited flammable materials. My colleague Rick Shapiro takes note of this incident--in which, fortunately, no one was hurt--in his latest post to the Virginia Beach Injuryboard. Rick also shares a number of tips for using electric space heaters safely.

EJL

Navy Veterans at Serious Risk for Developing Mesothelioma

Sat, 09 Jan 2010 08:00:00 EST

Over 300 different asbestos-containing products were utilized by the Navy during World War II. Asbestos was so popular that the Navy mandated its use in new naval vessels in 1939. What the Navy didn't realize is that asbestos is a toxic substance that can lead to the formation of a deadly cancer known as mesothelioma. This means our brave men and women who served in uniform during this era were heavily exposed to these hazardous chemicals.

Engine rooms, boiler rooms, sleeping quarters, and numerous other areas on a naval ship were contaminated with asbestos. Furthermore, many of these locations were small and not ventilated well. This could help explain why close to 30 percent of all mesothelioma cases diagnosed each year involve Navy veterans who were exposed during their service in the military.

The issue of mesothelioma and Navy veterans is an important issue in Hampton Roads considering its home to the largest naval base in the country. Hundreds, if not thousands, of Navy veterans reside in Norfolk, Portsmouth, Newport News, and other cities in the "757" area.

Unfortunately, the brave men and women who served our country during war time cannot file a claim against the Navy after being diagnosed with mesothelioma. All branches of the military are protected under what's known as the "Feres Doctrine." This doctrine is a collection of a Supreme Court cases from the 1950s which excludes the military from facing civil litigation claims.

"I consider the Feres Doctrine to be one of the most grotesque rules created in the history of this republic," said Jonathan Turley, a law professor at George Washington University. "It has done untold damage to thousands of military personnel and their families."

So does this mean military men and women are just left out in the cold with no legal recourse if they contract mesothelioma or another asbestos cancer? Not necessarily. If it can be proven the individual was exposed to asbestos from the parts manufactured by a third party or independent contractor, it may possible to file a claim, but a qualified injury attorney must analyze all the exposure history information, and have familiarity with the private companies that supplied asbestos containing materials.

This is why if you, or a loved one, served in the Navy and are battling mesothelioma cancer, you need to speak with an experienced attorney to discuss your potential claim.

Nursing Homes Held Liable for Negligent Care

Sat, 09 Jan 2010 08:00:00 EST

Nursing homes have a high duty to meet the safety and health needs of their residents. This principle was recently upheld in separate cases in New York (NY) and Missouri (MO).

In the New York case, a family won a $19 million jury verdict against the company that operated the Brooklyn Queens Nursing Home in New York City. The family's grandfather died after developing nearly two dozen bed sores that became infected. One reason the verdict against the New York City company was so high is because evidence came to light during trial that staff at the elder care facility had falsified records to conceal instances of failure to provide proper care.

The problems that compelled a Texas-based operator of nursing homes in numerous states to reach a $1 million settlement with the U.S. government were no less shocking. According to a report in the St. Louis Post-Dispatch, residents at Cathedral Rock Corp. homes in Missouri, Illinois (IL), Ohio (OH) and South Carolina (SC), "Some residents suffered from bed sores. Others wandered away. One ended up on a roof. One was found days later. One died after falling from a window."

Some of the homes involved in the Missouri case also falsified patient records.

Poor or negligent care in nursing care can range from over- or undermedication to lack of supervision and the provision of inappropriate treatments. While no elder care facility or staff member can be 100 percent perfect all the time, they must do everything they can to make sure nursing home residents do not suffer from unsafe practices or environments. I am pleased to note that the New York jury and federal regulators recognized this and acted accordingly.

EJL

Driver in fatal DUI crash gets 9 years in prison

Fri, 08 Jan 2010 08:00:00 EST

Almost a year after Cristina L. Palese of Fairfax County died tragically in a head-on crash on the Capital outside Washington, D.C., the man driving the car that struck her has been sentenced to nine years in prison.

Travis J. Isaac was driving drunk the wrong way on Interstate 495 when he collided with Palese’s car in Alexandria, according to the Washington Post. Isaac, whose blood-alcohol content was .16 – twice the legal limit – broke his leg. Palese, a 28-year-old mother of two, died instantly.

Palese was driving west on I-495 at around 3:30 a.m. on March 21 when she was struck by the eastbound Isaac. Prosecutors had a difficult case, the Post said, because there was only one indirect witness to the crash and because the force of the crash left the cars far from the point of impact.

In fact, the attorney representing Isaac tried to argue that it was the victim who was going the wrong way. Virginia State Police accident reconstruction experts were not permitted to testify about their findings that Isaac was at fault.

My colleague Randy Appleton wrote recently about another tragic fatal crash involving a wrong-way driver, the December crash on Interstate 264 in Hampton Roads that left a nurse dead.

The Post reported that Isaac was convicted of aggravated involuntary manslaughter by a jury after just two hours of deliberation. Despite his lawyer’s arguments, during the penalty phase of the trial Isaac took full responsibility for the crash.

"There are no words I can come up with that even begin to express how sorry I am for what happened," Isaac said, according to the Post. "I think about her children. I pray for her family every night. Every night."

Longshoreman's Death Leads to Criminal Negligence Investigation

jlewis@hsinjurylaw.com (Blog Author)24712 — Fri, 08 Jan 2010 08:00:00 EST

A longshoreman by the name of David B. Weiland was killed after a light pole fell on his vehicle at the Norfolk International Terminals. My deepest sympathies go out to Mr. Weiland's friends and family.

This tragic industrial accident led to the Commonwealth's Attorney's Office officially investigating the accident for possible criminal negligence, according to the Daily Press. The Commonwealth investigation is separate from the federal investigation conducted by the Occupational Safety and Health Administration.

Mr. Weiland was in his 1998 Honda Civic when a straddle carrier, operated by another individual, entered the berth area of the terminal, hit the light pole causing it to break off and fall on the Civic.

The Virginia Supreme Court defines criminal negligence in terms of "gross negligence," stating conduct "is culpable or criminal when accompanied by acts of commission or omission of a wanton or willful nature, showing a reckless or indifferent disregard of the rights of others, under circumstances reasonably calculated to produce injury, or which make it not improbable that injury will be occasioned, and the offender knows, or is charged with the knowledge of, the probable result of his acts" (Bell v. Commonwealth 170 Va. at 611-12, 195 S.E. at 681).

So the investigation will need to determine if the individual in the straddle carrier was operating it recklessly and in a manner that would lead to injury or death.

This is the sixth fatal industrial accident at the state-owned marine terminals since 2005. There were 154 fatal industrial accidents including 27 deaths from "contact with objects and equipment" in 2008.

Many injured longshoremen lacked recent safety training in longshore operations, according to a study conducted by the Monthly Labor Review. In addition, some of the injured workers felt their accident could have been avoided pointing if preventive actions, methods, and/or procedures had been employed.

Hit-and-Run Accidents Hurt Victims, At-Fault Drivers

Fri, 08 Jan 2010 08:00:00 EST

My colleague Randy Appleton has posted an interesting item to the Norfolk Injuryboard about a group of drivers who pursued and briefly blocked in a suspect in a I-64 hit-and-run accident until a state trooper could arrive. The story, reported by the Virginian-Pilot, raises issues regarding why it is essential to stop when you are involved in a traffic accident.

EJL

Inexcusable Efforts to Cover Up Surgical Errors Found in Massachusetts Malpractice Suit

jlewis@hsinjurylaw.com (Blog Author)24637 — Thu, 07 Jan 2010 08:00:00 EST

A Massachusetts family has received a $15 million jury award because the anesthesiologist and a heart surgeon who participated in a botched surgery that led to the family son's death deliberately falsified medical and surgical records to cover up mistakes.

To a very small extent, a few medical and surgical errors are inevitable simply because no person, no procedure and no technology is perfect. Refusing to take ownership of those mistakes so the errors can be prevented in the future cannot be excused. The members of the jury who heard the case involving the Fox family and Drs. James A. DiNardo and James Lock of Children's Hospital Boston correctly recognized these truths.

Hundreds of thousands of Americans get injured of killed each year by mistakes made by doctors, surgeons, nurses and pharmacists. The mistakes range from unavoidable to regrettable to inexcusable. I cannot know into which category the mistakes DiNardo and Lock made fall. I can unequivocally state that the doctors' proven actions after making those mistakes were inexcusable.

Each mistake can and should serve as a learning opportunity. For instance, the Institute for Safe Medication Practices encourages anonymous and voluntary error reporting by health professionals across the nation. ISMP regularly publishes case reports on errors and offers recommendations for eliminating those errors. It may make sense to have similar, but mandatory, programs in place. States other than Virginia do have reporting requirements; nationwide rules would be even better.

EJL

At-Fault Driver of I-295 Car Wreck was Apparently Driving Drunk

Wed, 06 Jan 2010 08:00:00 EST

Virginia State Police suspect the at-fault driver who killed William E. Goode, Jr. of Norfolk while driving the wrong way on Interstate 295 (I-295) was under the influence of alcohol. Not only did the accident kill Mr. Goode, but it seriously injured Mr. Goode's 8-year-old daughter. Sadly, the child was left an orphan by this accident as her mother was already dead.

If the charges hold up, I hope they throw the book at this driver. Most fatal car crashes are preventable. All the driver had to do was exercise basic responsibility and refrain from drinking and driving. Anyone who drives under the influence has very little respect for the law. My colleague, Rick Shapiro, wrote about the serious risks associated with such reckless driving behavior and the legal options the loved ones of victims who die due to a wrong-way driver car crash can pursue.

Wrong way highway wrecks are so frightening because they are so unexpected. I remember the first time I ever heard of such a thing. I was a teen and it was young man, a friend of guys I knew,who was killed on the on-ramp to I-564 near my home in Norfolk. I regularly use that highway entrance to go to work and my kids' school. I often think of that death and I am still shocked at the idea that someone might be coming at me on a limited access road and I could not do a thing to protect myself or my passengers.

More Semis and Tour Buses May Soon Carry Black Boxes

Wed, 06 Jan 2010 08:00:00 EST

The EOBRs are coming. Some are already here. And this great news for all who drive the highways.

An EOBR--electronic on board recorder--is a kind of black box that records hours of operation and other very basic vehicle performance data on tour buses, 18-wheelers, tractor trailers and other large vehicles. If the White House approves regulations recently submitted by the Federal Motor Carrier Safety Administration, companies that operate commercial vehicles will have a new mix of incentives and requirements to install EOBRs.

The principal use of the black boxes is to ensure that drivers adhere to federal regulations regarding how long they can keep their vehicles on the road at one stretch and over the course of each day and several days. Companies whose drivers regularly do not meet the requirements for rest will have to begin using the black boxes. The devices would make taking any needed further enforcement actions easier.

Of course, even for perfectly compliant companies, EOBRs largely eliminate the need for drivers, dispatchers and mechanics to maintain paper records of hours of service.

Fatigued truck and bus drivers cause a large number of accidents. Encouraging voluntary adoption of or federally requiring EOBRs can only help drowsy, inattentive or even sleeping commercial vehicle drivers off the road. The FMSCA regulation currently awaiting a final signoff cannot take effect soon enough.

EJL

Pickup Truck Roofs Must Be Stronger

Wed, 06 Jan 2010 08:00:00 EST

Tragedy, fortunately, did not occur when a pickup truck rolled over on I-64 in Hampton on Monday morning. The accident led my colleague to think about how drivers and passengers are protected when pickups tip or flip. As Rick Shapiro reports in his latest post to the Virginia Beach Injuryboard, victims of rollover accidents cannot rely on their roofs. Federal standards for pickup roof strength are too low. While a proposal to raise the standards is being considered, it may also usher in limits product liability lawsuits.

Fatal Car Accident on Bonney Road in Virginia Beach

jlewis@hsinjurylaw.com (Blog Author)24536 — Tue, 05 Jan 2010 08:00:00 EST

Kenneth Shaw was driving his 2006 Ford Mustang convertible when he apparently lost control of the vehicle, veered into oncoming traffic and collided with a 2003 Dodge Ram on Bonney Road in Virginia Beach, Virginia (VA). Mr. Shaw died at the scene, according to The Virginian-Pilot. He was only 46 years old. My deepest condolences go out to Mr. Shaw's friends and family.

The details of this accident are very hazy so there are plenty of questions still unanswered. For example, what exactly caused Mr. Shaw to lose control of the vehicle? Did a part such as the accelerator or brake pedal malfunction? Did he suffer from a medical condition which debilitated them while operating the vehicle? We'll have to wait and see what the police report reveals.

Many serious car accidents have taken place in Virginia Beach. In 2008, there were 7,258 car crashes resulting in 31 deaths and 3,345 serious injuries in the city, according to the DMV.

The fatal crash occurred on the 4500 block of Bonney Road near South Independence Boulevard. This area received a high volume of traffic since South Independence features ramps on-and-off of Interstate 264 (I-264) and is very close to Pembroke Mall. It presents major safety risks on most days due to the congestion. I'm surprised more vehicles weren't involved in this accident considering the number of cars that usually frequent this section of roadway.

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Suffolk Airplane Accident Highlights Risk of Faulty Equipment

jlewis@hsinjurylaw.com (Blog Author)24385 — Sat, 02 Jan 2010 08:00:00 EST

The pilot of a Mooney M-20 airplane went out for a flight and wound up crashing into the woods of Suffolk, Virginia (VA). Why? Because the plane's FL-2 fuel gauge malfunctioned and did not alert the pilot that the plane ran out of gas, according to the Kathryn Report. There were two passengers on the plane along with the pilot, but only the pilot suffered a serious injury.

On average, there are 1,600 airplane accidents that occur in the U.S. every year. In 2009, there have been 1,509 plane crashes.

My colleague, Randy Appleton, wrote an article about this crash and revealed that this was the 14th general aviation accident in Virginia this year.

Unfortunately, malfunctioning equipment is a common cause for aviation accidents. For example, it appears the tragic Air France Airbus A330 accident which killed 228 people was due to faulty air speed indicators.

As a licensed pilot, I understand the risks associated with malfunctioning flight equipment. The key is to remain calm and collected when the plane starts to have problems. It appears the pilot of the Mooney M-20 plane did what he could to land the plane without causing serious harm to the passengers and people on the ground. This accident was bad and caused a serious injury, but on the bright side, it could have been a lot worse.

Driving with a Serious Medical Condition Presents Major Risks

Fri, 01 Jan 2010 08:00:00 EST

There are numerous challenges to safe driving. You take your eyes off the road and you can get into a car accident. You press on the brakes too soon, or too late, and you can get into a wreck. You may incur a blown tire while driving on the highway that causes your vehicle to spin out and you get into a crash. Driving always presents risks. However, if you're dealing with a serious medical condition, the risks increase exponentially.

For example, a man with a history of seizures wound up driving the wrong way on the I-264 West lane and killed a woman in a head-on collision. Did his medical condition wind up playing a role in this fatal car crash? Maybe. The investigation into this terrible accident is still underway. Regardless, it doesn't change the fact that this man was irresponsible and negligent for driving if he knew he could suffer a seizure while behind the wheel.There were some good, informative posts on the Virginian-Pilot's web site discussing the fatal I-264 accident...

"If you know someone that should not be driving, the Virginia DMV has a program where you may notify them and suggest they review the driver's fitness. I have done this twice and both drivers licenses were suspended until the drivers could prove they were physically capable of safely driving a motor vehicle. If someone suspects that a driver is not physically able to safely operate a motor vehicle, they should e-mail DMV at medreview@dmv.virginia.gov or go to https://www.dmv.virginia.gov/webdoc/pdf/med80.pdf for further information."

Good suggestions.

In general, if you suffer from a serious medical condition like seizures, black-outs, heart palpitations, or any other condition that could randomly hinder your cognitive abilities, it's best to monitor and restrict your driving. Get a ride with friend or family member. If that's not possible, take public transportation. It's better than suffering an attack while behind the wheel, causing a major car wreck, and potentially killing an innocent driver.

Wrong-Way Driver on I-295 Kills Norfolk Man

Fri, 01 Jan 2010 08:00:00 EST

William E. Goode, Jr. of Norfolk, Virginia (VA) was driving on the northbound lane of Interstate 295 (I-295). It was 11:40pm, just 20 minutes away from the New Year. Unfortunately, Mr. Goode never got a chance to celebrate our foray into a new decade. He was hit and killed by a wrong-way driver, according to the Richmond Times-Dispatch. He was just 51 years old.

My deepest sympathies go out to Mr. Goode's friends and family. Losing a loved one is never easy, but to have them killed by an irresponsible driver during the holidays makes it even more tragic. Mr. Goode's 8-year-old daughter was also in the vehicle. She is being treated for serious injuries at VCU medical center.

This horrendous car wreck comes on the heels of another fatal accident where a wrong-way driver killed a woman from Chesapeake, Virginia (VA) on Interstate 264 (I-264). I find these types of fatal accidents unacceptable. The at-fault drivers who cause such pain and suffering display an inordinate amount of irresponsibility and negligence.

My colleague, Rick Shapiro, wrote about some legal options that are available to the loved ones of victims who died due to a wrong-way driver car crash and the serious risks associated with such reckless driving behavior.

The investigation hasn't determined why the at-fault driver on I-295 was driving the wrong way, but given the fact it was New Year's Eve, I wouldn't be shocked if alcohol and/or prescription medication played a role. But again, we have to wait and see what the police report reveals.

Terrible Accident on Interstate 264 Leads to Death of Woman

Thu, 31 Dec 2009 08:00:00 EST

A car was traveling on the Interstate (I-64) HOV lane when it exited onto the wrong lane on Interstate 264 (I-264) West. As a result, the car (a BMW) clipped a van and slammed head-on into another vehicle causing a massive fire and killing Frances Wilson in the wreck. My deepest sympathies go out to Mrs. Wilson's friends and family.

This is such a senseless car crash. The barriers on the HOV lane were down and the red lights were flashing, yet the BMW plowed through and caused a horrendous car wreck.

How can someone so blatantly enter the wrong lane? Was the driver of the Beamer distracted? Were they drunk? The latter is possible.

Here's a video of a news report describing the fatal car accident...

In May 2007 and February 2006, a total of six people were killed due to the exact same exiting error and both of the at-fault drivers were driving under the influence of alcohol.

The investigation hasn't officially declared why the at-fault driver went the wrong way on 264, but it wouldn't shock me if alcohol played a role. The error was so blatant and required such negligence that it would be shocking to discover that the driver's senses and reaction time were working properly.

It's so frustrating to hear about car accidents that could have been easily prevented. A woman is dead today because someone ignored all of the warning signs on the road. If alcohol played a role, that's doubly outrageous and unjustified. This wasn't one of those random acts of fate; this was a completely avoidable tragedy due to a negligent driver.

Virginia Truck Accident Videos

Wed, 30 Dec 2009 08:00:00 EST

Trucking accident video explaining the importance of fast action after the accident...

Trucking accident video discussing the Federal Motor Carrier Safety Act...

North Carolina mother, child die in collision with Amtrak train on tracks maintained by Norfolk Southern

Tue, 29 Dec 2009 08:00:00 EST

Serious questions are being asked about whether the safety devices at a North Carolina railroad crossing were working when a young mother and her 5-year-old son were killed by an Amtrak train just four days before Christmas.

The crash – on tracks leased and maintained by Norfolk Southern – remains under investigation, but neighbors said the cross arms that were supposed to protect the mother and other drivers had been malfunctioning.

“They’ve been going just wacko, up and down and up and down, and there’s no train coming,” James Shanke Jr., a neighbor who witnessed the crash, told The Herald-Sun of Durham, N.C.

The car was hit at 10:30 a.m. Dec. 22 by an Amtrak train loaded with more than 200 passengers on its way from Charlotte, N.C. to New York City. The crash happened in Efland, an Orange County community about 20 miles northwest of Durham.

Gail Emory, a woman who works near the crossing, told the Chapel Hill News that the warning devices malfunction so frequently that she keeps the phone number for Norfolk Southern on a Post-It note on her desk.

However, the railroad and state officials have accused the driver, Erin Lindsay-Calkins, 26, of Efland, of colliding with the safety gates with her car and driving into the train’s path. Calkins and her 5-year-old son died. Her 3-month old daughter survived and is in fair condition at UNC Hospitals.

“There is not a history of any malfunctions at that crossing,” a Norfolk Southern spokeswoman, Susan Terpay, told the Chapel Hill newspaper.

Emory and others said they’ve called the railroad dozens of times over the past three years reporting erratic behavior by the warning arm and flashing lights.

Emory told the newspaper she often sees the crossing arm down when it should be up and up when it should be down.

“We knew someday this was going to happen,” Emory said.

(MM)

Mother Dead in Texting while Driving Accident

Mon, 28 Dec 2009 08:00:00 EST

Stacey Stubbs, the mother of a little girl and stepmother to two boys, was killed after being hit head-on by a 19-year-old who was texting while driving. My deepest sympathies go out to Mrs. Stubbs' friends and family. This tragic car wreck highlights the need for strong restrictions on texting while driving.

So far, 19 states - including Virginia (VA) - have enacted laws which restrict texting while behind the wheel. Six states have taken the extra step of allowing only a hands-free device if you use a cell phone in your vehicle. Our law firm has been following the texting while driving issue for a while now and we even wrote a special, in-depth report on distracted driving (texting certainly falls under this category).

In my opinion, a nationwide restriction on texting while driving is needed along with a nationwide law requiring the use of a hands-free cell phone device if you have to use your phone when you drive. A message needs to be sent to all drivers that distracted driving is a serious safety issue and violating the new restrictions will lead to major ramifications.

Why should there be restrictions on texting while driving? Because it's just as dangerous as drunk driving. In fact, you're 23 times more likely to get into a serious car crash if you text and drive as opposed to if you didn't text.

If you think texting while driving is perfectly fine and you'll never wind up getting into a car wreck, just remember Stacey Stubbs. She lost her life due to a distracted driver who probably thought they'd never wind up killing someone with their vehicle.

Roads Just as Treacherous After the Snow Storm

Sun, 27 Dec 2009 08:00:00 EST

Some people mistakenly believe that after a snow storm has passed and snow trucks have cleared the roadways, it's perfectly safe to travel. This is not the case. You have to be vigilant and extremely cautious, even days after a winter storm.

Why? Because snow melts and with low temperatures, that snow quickly turns into ice. You then have a terrible road condition known as black ice. Our law firm has written about the risks associated with black ice. Many drivers have suffered a broken neck, shattered pelvis, and/or traumatic brain injury after a serious car wreck due to black ice.Virginians are well aware of these treacherous road conditions after a huge winter storm dumped over two feet of snow in some parts of the Commonwealth.

Black ice is starting to form on roadways since we also had rain and a large portion of that snow is now liquid on the streets just waiting to freeze and contribute to a car crash.

It looks as though this winter is going to be eventful in Virginia (VA) and in many other parts of the country, so do not hit the roads like it's an average day. Drive a few miles below the speed limit, stay a few extra feet behind the car in front of you, brake early, and always keep your eyes on the road. It may just be common sense driving practices, but they are even more important in winter driving conditions.

Jury Awards $17 Million Verdict to Two Men Battling Mesothelioma Cancer due to Asbestos Exposure

Sat, 26 Dec 2009 08:00:00 EST

The families of two men diagnosed with mesothelioma cancer after exposure to asbestos received a $17 million verdict from a Pennsylvania (PA) jury. The two men were exposed to asbestos through valves and gaskets from Crane Co. and Garlock Sealing Technologies.

Internal Norfolk Southern, CSX and Conrail documents reveal that many types of asbestos gaskets were used on steam and diesel locomotives supplied by GE, EMD, and GM manufactured engines used by engineers and conductors.

During the trial, a document was admitted which expressly indicated Garlock knew their gaskets could causemesothelioma. It's so frustrating to hear about these kinds of documents. To know that corporations were aware of the risks associated with asbestos and still allows people to be exposed to this toxic substance is infuriating. This is especially true for railroad workers. Many rail employees have spent their entire careers exposed to asbestos and suffer the consequences in what is supposed to be their golden years of retirement.

Unfortunately, I'm not very surprised. I work at a law firm which has experience handling mesothelioma lawsuits where the cancer was connected to asbestos exposure. The effects this disease has on an individual can be devastating and everyone around them struggles to figure out how to help their friend or loved one.

Here's a video of a woman trying to cope with her mesothelioma diagnosis...

I am happy the families of these two men were able to receive financial compensation for their pain and suffering. Nevertheless, no amount of money will be able to fully restore the health of these two individuals. They face an uphill battle against this horrendous form of cancer.

Longshoreman Killed at Norfolk International Terminals in Industrial Accident

jlewis@hsinjurylaw.com (Blog Author)23930 — Thu, 24 Dec 2009 08:00:00 EST

A man was in his car at the North Berth of the Norfolk International Terminals (NIT) when a light pole fell on his vehicle. Sadly, the man died on the scene, according to WVEC.com. My sympathies go out to the friends and family of the victim.

There are so many questions that need to be answered regarding this tragic industrial accident. First and foremost, what caused the light pole to fall? Were vehicles permitted in that area of NIT? How long did it take before someone notified authorities of the accident? Let's hope the Virginia (VA) Occupational Safety and Health Administration finds the answers to these important questions.Industrial accidents are not uncommon in Virginia (VA).

Last year, there were 154 fatal industrial accidentsincluding 27 deaths from "contact with objects and equipment."A study conducted by the Monthly Labor Review revealed most injured longshoremen lacked recent safety training in longshore operations and many of the workers felt their accident could have been avoided pointing to an array of preventive actions, methods, and procedures.

West Virginia Man Loses Toes Due to Heparin

Wed, 23 Dec 2009 08:00:00 EST

James Bradley of West Virginia (WV) was prescribed Heparin, a blood thinner medication, in 2007. Soon after, he suffered serious injuries and eventually had his toes amputated, according to The Record. He filed a lawsuit alleging his injuries were directly connected to the use of Heparin.

Heparin has been the subject of numerous lawsuits and was recalled in 2008 when Baxter HealthCare Group, the manufacturer of Heparin, discovered a counterfeit ingredient in this dangerous drug. There have been four reported deaths and multiple reports of severe allergic reactions by users.

The most common Heparin side effects include:

Sudden numbness
Sudden headaches
Problems with vision, speech, or balance;
Pain or swelling in one or both legs;
Trouble breathing
Fever, chills, runny nose, or watery eyes.
Bluish-colored skin.

One of the worst side effects of this medication is a Heparin-induced thrombocytopenia. This basically means you take Heparin and it reduces the platelets in your body potentially leading to blood clots.

I hope Mr. Bradley receives the compensation he deserves in a court. His life was changed forever after suffering terrible side effects from Heparin and justice needs to be served.

If you've suffered serious side effects and/or injuries after taking Heparin, consider giving our law firm a call for a free, confidential consultation.

Keeping Pedestrians Off Tracks Must Be Considered When Designing Railroad Crossings

Wed, 23 Dec 2009 08:00:00 EST

I specialize in railroad law, so I come across sad stories like this one about pedestrians being hit while crossing tracks at least once each week. The details and timing of the accident involving two northeast Ohio (OH) teens on their way to high school and an Amtrak train were especially tough to bear since the accident meant one family would have to go through the holidays without a son. Another family would have to struggle to come to terms with a life-altering injury to a daughter.

I also considered how and why the accident occurred. The Amtrak train was moving at high speed through an intersection with a major surface road just outside of Toledo. While gates, red lights and a train whistle stopped vehicles from moving across the road-level tracks, the two teens could and did easily walk into the path of the train.

In 2008, some 720 Americans died while walking across or along freight, passenger and commuter rail tracks. When Norfolk's light rail, the Tide, begins operating in late 2010 or early 2011, local residents will find themselves at higher risk than ever before for becoming pedestrians killed and injured by trains.

I've written before that Hampton Roads Transit, or HRT, needs to prioritize safety while constructing and running Tide trains. I will continue repeating that call for as long I continue to hear about deadly rail crossing accidents.

EJL

Semi Safety a Must on Winter Roads

jlewis@hsinjurylaw.com (Blog Author)23852 — Wed, 23 Dec 2009 08:00:00 EST

While I was thinking back to last weekend's winter storm throughout the Mid-Atlantic and ahead to the forecasts of more rain, snow, ice and wind for Christmas Eve and Christmas Day, my colleague John Cooper pointed me to this news report from West Virginia (WV).

The main east-west interstate through West Virginia was closed for much of Saturday, Dec. 19, because numerous tractor-trailers had jackknifed on slick ice- and snow-covered pavement. My colleagues have already blogged on safe winter driving for people in cars this year, but the importance of safe semi operations also require attention. As this video shows, a 45-ton 18-wheeler can run out of control in a mere second.

The Federal Motor Carrier Safety Administration, which regulates the commercial trucking industry, offers the following tips for tractor-trailers drivers who must move their rigs through rain and sleet and dark of night:

Reduced traction conditions

Increase following distance enough to avoid a rear-end collision if other driver brakes hard.
Use moderation in judging safe speed. To maintain a safe stopping distance, slow down, but not so much that you become a hazard to drivers behind.
Apply brakes gently and steer without jerky movements.
Beware when running empty or bobtailing. Lightly loaded wheels lock up easily during braking and this induces jackknifing.
Beware of travelling too slowly on slick, banked curves. The vehicle might slide sideways into opposing traffic or off the road.

Reduced visibility conditions

Use moderation in judging safe speed. To maintain a safe stopping distance during reduced visibility, slow down, but not so much that you become a hazard to drivers behind.
Keep vehicle clean, especially headlights, windshield, tail lights. Use emergency flashers in extreme conditions.
Be prepared to get off road and wait for conditions to improve if necessary.

EJL

Four Dead in Virginia Weekend Snow Storm

Mon, 21 Dec 2009 08:00:00 EST

A massive winter snow storm, which dumped over two feet of snow in some parts of Virginia (VA) this weekend, played a role in four traffic fatalities.

One of the tragic car accidents involved 36-year-old Michael Marincic who died when his pickup truck slammed into a tractor-trailer on Interstate 66 (I-66) in Fauquier County, according to The Virginian-Pilot. My sympathies go out to his friends and family.

Over 3,000 car crashes and disabled vehicles were reported to Virginia State Police throughout the weekend.

This was one of the worst storms in the history of the Commonwealth. Even in areas that didn't receive much snow (i.e. Norfolk, Chesapeake, Virginia Beach, etc.) instead received a healthy dose of rain, which eventually froze due to low temperatures. This means many of the highways and roads in the Hampton Roads area had black ice, a major road hazard since it is virtually transparent and causes your car to potentially spiral out of control. In fact, 70 percent of winter weather fatalities were attribute to icy roads, according to the Virginia Department of Emergency Management.

In many portions of Northern Virginia, the temperature is not expected to increase much for the next few weeks so expect snow and ice to remain on the roads throughout the holiday season. This means you need to be prepared and take necessary safety precautions.

Here are some basic ice and snow driving safety guidelines you should follow...

Drive with your headlights on and slow down when approaching intersections, off-ramps, bridges, etc.
Winter road conditions often result in longer stopping distances. Give yourself room.
Avoid abrupt actions while steering, braking or accelerating to lessen your chance of losing control.
Look farther ahead in traffic.
Don't cut in front of trucks since they take longer to stop.
Avoid using cruise control or overdrive.

Bad Weather Contributed to Tragic Aviation Accident in West Virginia

jlewis@hsinjurylaw.com (Blog Author)23687 — Sat, 19 Dec 2009 08:00:00 EST

A Piper PA-30 airplane carrying Kwan Kwok of Virginia (VA) crashed in Rainelle, West Virginia (WV). Tragically, Mr. Kwok was killed as a result of the aviation accident. My deepest sympathies go out to his friends and family.

The plane was inspected just three days prior to the wreck.

Inclement weather may have played a role in the plane wreck since there was light-to-moderate rain. Visibility was deemed "marginal," which translates to roughly three to five miles.

As a licensed pilot, I know how challenging it is to operate an airplane in bad weather. It changes the dynamic of the flight and heightens the risk of malfunction and/or error.

Aircraft and engine performance is reduced when flying in the rain. The engine produces less power because the air taken for combustion is less dense than dry air at the same temperature, according to Gene Benson..

In addition, there will probably be more drag when flying in rain. Since water is denser than air, more energy is utilized to move a raindrop out of the way than to simply move air resulting in the loss of a few knots of airspeed.

Unfortunately, major flight accidents aren't a rarity. There are about 1,600 airplane accidents in the U.S. every year. Up to this point, there have been 1,509 plane crashes nationwide.

Lessons to Learn From Deadly 1-264 Truck Accident

jlewis@hsinjurylaw.com (Blog Author)23634 — Fri, 18 Dec 2009 08:00:00 EST

A flat tire led to tragedy on I-264 near Military Highway in Norfolk exactly one week and ten minutes before Christmas. In his latest post to the Norfolk Injuryboard, my colleague Randy Appleton explores what went wrong and led to the incident and its sad consequences. Randy also offers tips for drivers on how to prevent similar tragedies.

EJL

14 People Injured after Holiday Horse & Wagon Hit by Mustang in West Virginia

jlewis@hsinjurylaw.com (Blog Author)23594 — Thu, 17 Dec 2009 08:00:00 EST

The driver of a Ford Mustang wasn't paying attention and wound up slamming into the rear end of a horse & wagon that was carrying 20 people in Stanley, West Virginia (WV). In total, 14 people suffered injuries including a the wagon operator who suffered internal injuries and a female passenger who needed to be airlifted to a hospital after suffering a compound fracture in her leg, according to the AP. Another injury cited was broken ribs.

I'm glad to hear the 23-year-old driver of the Mustang is being charged with reckless driving. It's irresponsible to drive around inattentively, especially in an area known for horse & wagon rides. The owners and operators of the horse & wagon have been working in the West Virginia area for over 20 years. The driver should have been prepared to encounter this type of transport.

Distracted driving is a major problem nowadays. It wouldn't surprise me if the driver of the Mustang was talking on his cell phone or texting while driving. These are two of the most common forms of distracted driving. In fact, our team of lawyers wrote a special, in-depth report about texting behind the wheel, talking on your cell phone, and other forms of distracted driving since it's such a prevalent issue.