Get The Best Legal Information about Virginia Accidents

Paralyzed Rail Engineer Gets Compensated with Help from the Firm

blog@www.hsinjurylaw.com (news Author)17528 — Tue, 07 Sep 2010 08:00:00 EST

A railroad engineer suffered what is called "incomplete quadriplegia" after getting hit by a train engine. Our client has some minimal use of one of their arms, but the rest of their body has no feeling. Clearly, their life was changed forever because of this on-the-job railroad accident. The rail worker retained our law firm and we were able to secure a sizable settlement. To learn more, check out the case result...

Railroad Conductor – Paralysis/Quadriplegia Struck by Train Engine

$1.8M Awarded in Virginia Medical Malpractice Cancer Case

jlewis@hsinjurylaw.com (blog Author)38504 — Mon, 06 Sep 2010 08:00:00 EST

Finding for the victim in a medical malpractice case, a jury in Arlington County, Virginia awarded $1,894,037 in May, 2010. The medical negligence claim revolved around the failure of a doctor to detect the metastasis of cancer when reviewing CT scan of the man's lungs.

The 70-year-old man with a history of melanoma had been ordered by his dermatologist to have regular lung CT scans in order to detect the spread of cancer before it progressed too far to treat effectively. The radiologist noticed a nodule on the CT scan that had changed in size and character from a previous CT scan done in 2003, but determined it represented plaque from asbestos exposure and not a malignancy. By the time lung cancer was diagnosed, from a 2008 CT scan, the cancer had progressed from Stage I to Stage III-A and the chance of cure decreased from 80-90% to 20%.

The doctor's attorneys presented two arguments in the medical malpractice case, supported by expert witnesses. First, that the radiologist's interpretation of the CT scan fell within the medical standard of care. Second, doubling time analysis from the 2008 CT scan back to the 2006 CT scan indicates there would already have been cancer cells in the lymph nodes. In other words, the chance for a cure had not significantly increased with the delay of a cancer diagnosis, the doctor's lawyers argued.

The jury agreed with the victim's attorneys that the doctor was guilty of medical malpractice. Lack of a prompt diagnosis of cancer drastically reduced their client's life expectancy and quality of life due to lung removal and chemotherapy. The award was reduced to the Virginia (VA) statutory cap of $1,850,000.

Regardless of whether the medical error occurs in Virginia Beach, Norfolk, Roanoke or Arlington, the same Virginia "cap" on medical malpractice applies with regard to VA state court actions.

Bedsores in Virginia Hospital Brings Medical Malpractice Suit

jlewis@hsinjurylaw.com (blog Author)38505 — Mon, 06 Sep 2010 08:00:00 EST

A 56-year-old woman admitted to a Virginia (VA) hospital for multiple laparoscopic surgeries developed bedsores after two and a half days in bed without being moved or repositioned. The patient was settled in her room on October 9, 2009. Her daughter remained with her for most of the following two and a half days, and so she able to say that nursing staff did not reposition her mother in the bed, causing the medical malpractice.

On October 11 or 12, a decubitus ulcer was discovered on the patient's buttocks. By the time of her discharge three days later, the decubitus ulcer had grown to 6 cm by 4 cm.

A new ulcer appeared on the patient's hip during home care. The first decubitus ulcer grew to 11 cm by 13 cm. By November 4, both ulcers showed signs of infection and the patient was readmitted to the hospital where morphine and fentanyl were administered for pain. The worst of the two decubitus ulcers, measuring 2.5 cm deep, was diagnosed as a Stage IV ulcer that exposed the bone.

During the six days of her second hospital stay, the patient received significant medical treatment including surgical debridement. She incurred $27,340 in bills related to treatment of the bedsore/decubitus ulcers. The patient was unemployed at the time and so there was no claim made for lost wages.

If the case had gone to trial for medical malpractice, the victim was prepared to present testimony from a wound care nurse regarding the hospital's negligence during the patient's first hospital stay when she was not repositioned in her bed. The hospital also retained the services of a doctor who would have testified as to other causes of decubitus ulcers-besides the hospital's lack of proper care. The parties settled in June 2010 for $300,000.

$2.04M Awarded to Fitness Enthusiast After Virginia Car Crash

rappleton@hsinjurylaw.com (blog Author)38506 — Mon, 06 Sep 2010 08:00:00 EST

A car crash on Leesburg Pike in Virginia (VA) in April 2007 resulted in a jury award of $2.04M. The 30-year-old plaintiff, Daniel Norton, went from being a young man who enjoyed an athletic, fit lifestyle to someone in constant pain likely to last the rest of his life. A contractor for the government, Norton ran miles each morning and then bicycled miles to and from work. Now he can no longer bike or stand the jarring impact of running, even after surgery to repair several vertebrae in his back. All of this is due to another driver's negligence, the jury found.

The 17-year-old driver of a Mercedes sports utility vehicle failed to stop for a traffic light and ran into Norton's smaller SUV. Norton's vehicle spun around twice from the impact; the Mercedes flipped and landed on its roof. The 17-year-old admitted liability, but the testimony of two other drivers on the scene emphasized his speed and lack of stopping ability.

Norton remains employed as a government contractor and made no claim for loss of future wages, though in some cases such earnings might have been awarded. His attorney said he was astounded at the effect the accident had on his client's life and contrasted Norton's life before and after the car crash: going from an active, fit life before the accident to one of limited mobility and pain after. The jury agreed.

Motor Bike Rider Suffers Head Injury in Hit and Run Accident in South Charleston

jlewis@hsinjurylaw.com (blog Author)38471 — Sat, 04 Sep 2010 08:00:00 EST

An accident involving a car and motorcycle at MaCorkle Avenue and Montrose Drive in South Charleston, West Virginia (WV) left the motor bike rider in critical condition with a serious head injury. To make matters even worse, the at-fault driver of the car fled the scene of the accident leaving the injured motorcyclist to fend for himself.

Fortunately, police quickly tracked down the reckless driver and he will be charged with driving under the influence, failure to render aid, and fleeing the scene of an accident, according to wsaz.com.

There is no reasonable excuse for hitting someone and then bolting the scene. Not only is it illegal, but it's simply inhumane. Ask yourself, what would you want a driver to do if they hit you?

The motor bike rider was taken to CAMC General Hospital and remains in critical condition. Given the ramifications of a serious head injury, the motorcyclist may never be the same.

North Carolina (NC) Police Fed up with Careless Truck Drivers, Create Operation Road Watch

rappleton@hsinjurylaw.com (blog Author)38484 — Sat, 04 Sep 2010 08:00:00 EST

North Carolina (NC) is home to many wonderful things: some of the most beautiful beaches in the country, the largest Marine Corp air base and the highest waterfall in the eastern United States. Unfortunately the Tar Heel state is also No.6 in the country for highest rate of truck accidents.

In fact, more than half of the trucks inspected in North Carolina had maintenance or safety violations, according to ABC News. Of those faulty trucks, over 12 percent were in such bad shape that they were immediately parked and put "out of service".

Those statistics are staggering and the irresponsibility of the drivers and companies alike are incredible. Things have become so bad that the North Carolina Highway Patrol has stepped in and is cracking down on big rig violators as part of a campaign along Interstate 77.

It's called Operation Road Watch, and troopers hope to curb accidents involving semi-trucks along the I-77 corridor. In a 48-hour time period, troopers will be checking 18-wheelers for aggressive driving, unsecured loads, and hazmat violations.

Officials say the goal behind the push is to reduce accidents between semi-trucks and passenger vehicles, like the one that happened last week in South Carolina. A fuel truck and a Sedan collided in a deadly crash near exit 88, spawning a fireball that could be seen for miles.

The truck driver didn't survive his injuries, and the interstate was shut down for hours.

Endless traffic jams are frustrating. Temporary injury, permanent injury and even death are life altering and can occur when a commercial vehicle collides with a passenger vehicle.

The power, size and weight of a commercial tractor-trailer make the impact of a truck collision much worse and the chance of serious injury and death much higher. The death rate for truck crashes is 50 percent higher than for car accidents, and many injuries may cause life-long disability and permanent or chronic health problems.

Thank goodness the brave men and women of the North Carolina State Police are takings steps to prevent these accidents before they happen.

However if you already have been injured by a commercial vehicle please contact one of our North Carolina Trucking attorneys as soon as possible. Our injury law firm specializes in truck accident injury cases and can assist you along every step of the way toward justice. The most important thing is the safety and well being of you and your family.

Woman Seriously Injured by Allegedly Intoxicated Pickup Truck Driver

blog@www.hsinjurylaw.com (blog Author)38424 — Fri, 03 Sep 2010 08:00:00 EST

The driver of a Ford pickup truck apparently could not wait to get to his destination, so he attempted to pass the car in front of him on Route 122 near Harmony School Road in Franklin County, Virginia (VA). Unfortunately, the reckless truck driver failed to see the oncoming traffic in the other lane and wound up slamming, head-on into a car.

The driver of the car suffered serious injuries and remains in critical condition at Roanoke Memorial Hospital, according to wset.com. Police charged the at-fault truck driver with driving under the influence.

Driving drunk, or under the influence of an illegal substance, is clearly irresponsible and dangerous. But the truck driver also tried to do something many clear-thinking drivers attempt on a regular basis - pass the car in front of them.

I appreciate the desire to get where you're going in a timely manner. We all lead busy lives, but passing a car on a two-lane road, which Route 122 is, should not be attempted except with extreme caution and where the law allows. Remember, it is against the law to pass a driver when there are two clearly marked lines on the road. These laws were designed to deter accidents like the one that occurred in Franklin County.

In Landmark Case, Amtrak Worker Wins $160K for Workplace Retaliation

blog@www.hsinjurylaw.com (blog Author)38340 — Thu, 02 Sep 2010 08:00:00 EST

Amtrak, the government-owned passenger rail corporation, must pay more than $160,000 in damages to a maintenance worker for retaliating against her for reporting an on-the job injury in violation of a federal law protecting injured railroad workers.

In late 2007, the woman lost her job after reporting that she hurt her ankle at a Seattle Amtrak facility. The worker was merely carrying garbage bags from at rain platform to a pickup truck when she stepped down about 12 inches onto unstable gravel and sprained the ankle, according to the Seattle Times.

Amtrak claimed the was let go for failing to exercise "common sense," but that didn't fly with the U.S. Occupational Safety and Health Administration (OSHA) which launched an investigation. While the investigation was pending, Amtrak converted the termination to a 30-day unpaid suspension.

According to OSHA, Amtrak retaliated against her reporting her ankle sprain. Amtrak appealed, but a U.S. Department of Labor administrative law judge ruled that Amtrak violated the 2007 amendment to the Federal Railroad Safety Act prohibiting harassment or intimidation for reporting on-duty injuries. This is the first retaliation case that has reached a judge since the law was revised to add the additional worker protections.

While OSHA had only fined Amtrak $20,000, the judge significantly upped the ante by awarding the worker $60,000 in compensatory damages, $100,000 in punitive damages, and about $3,000 in back pay. Amtrak was also order to scrub her personnel file of any reference to the disciplinary action.

Fredric A. Bremseth, the Amtrak worker's attorney, said that "This is an historic case that vindicates Congressional findings that railroads do in fact engage in retaliation and harassment of injured employees in order to keep them from reporting work-related injuries. We are very pleased for our client, and hope this landmark case will put railroads on notice that they can no longer intimidate their employees to keep them from reporting on-the-job injuries."

If you work in the railroad industry and been the victim of employer retaliation of this kind, remember that you have federal law legal protections and can pursue compensation relating to the retaliatory act. Determining whether or not you should file a retaliation claim is extremely important and you should consult with an experienced attorney right away to discuss what legal option is best for you and your family.

RH

North Carolina (NC) Police Fed up with Careless Truck Drivers, Create Operation Road Watch

rappleton@hsinjurylaw.com (blog Author)38217 — Tue, 31 Aug 2010 08:00:00 EST

The truck driver didn't survive his injuries, and the interstate was shut down for hours.

Endless traffic jams are frustrating. Temporary injury, permanent injury and even death are life altering and can occur when a commercial vehicle collides with a passenger vehicle.

Thank goodness the brave men and women of the North Carolina State Police are takings steps to prevent these accidents before they happen.

Two West Virginia Teenagers Injured in ATV Accident

blog@www.hsinjurylaw.com (blog Author)38148 — Mon, 30 Aug 2010 08:00:00 EST

If you get into an accident on an ATV (all-terrain vehicle), the consequences can be severe. That is what two teenagers in Martinsburg, West Virginia (WV) learned after their ATV went into the mouth of Back Creek near the Potomac River, according to the Herald-Mail.

Both teenagers, an 18-year-old female and a 19-year-old male, suffered serious injuries.

In 2008, over 135,000 people suffered injuries in ATV-related accidents in the U.S. Even more disturbing is the fact that over 400 people lost their lives in ATV wrecks, according to ATVSafety.gov.

If you decide to take a ride on your ATV, be extremely cautious. ATVs pose virtually the same safety risks as motorcycles. Yes, ATVs have four wheels, but your body is still exposed to the elements and wind up taking the full force of any ATV crash.

PA

Metrolink Offers $200 million to Victims of Deadly Southern California Train Disaster

blog@www.hsinjurylaw.com (blog Author)38162 — Mon, 30 Aug 2010 08:00:00 EST

The Metrolink commuter rail system and Connex Railroad have asked a Los Angeles federal court to approve a $200 million settlement fund for victims of a September 2008 head-crash between a commuter train and a freight train in Chatsworth, California, according to the Associated Press. If the court goes along with the plan, the two companies would seem to be off the hook for any additional legal liability for the crash. Actually, victims are pushing Congress to pass new railroad legislation that would not let companies, besides the railroad involved in a mass transit crash, to receive the benefit of a 200 million dollar cap or limit.

Investigators maintain that the commuter train engineer, who was subcontracted to Metrolink by Connex, was texting when his train ran a red light and crashed into the freight train. The engineer and 24 others died in the collision, and over one hundred passengers were injured.

The $200 million settlement amount, which would be parceled out under court supervision to survivors and family members, is the maximum allowed for a train accident under federal law. About 100 personal injury lawsuits from this incident are pending in Los Angeles County Court against Metrolink and Connex. Is it enough to fairly compensate all those suffering injuries, or those who lost lives? Not according to some victims.

The fund is, however, something of a double-edged sword for victims: While it might speed up the process for an out-of-court settlement of the many pending claims, the specific amounts handed out to could be far less than what some of them already owe in medical bills.

For this reason, lawyers for many of the victims believe this proposal is just an 11th-hour delaying tactic for Metrolink and Connex to avoid accepting full responsibility for the disaster, according to the Los Angeles Times. As a result, some victims and their families may try to continue to pursue their clams in court even if the settlement gets the go-ahead. Federal legislation to bump up the liability cap is also a possibility, with one big and logical “fix” to cap the total claims against the involved railroad, but not to cap a railroad disaster claims against manufacturers and suppliers of faulty or defective equipment supplied or sold to the involved railroad..

Given that the medical bills and other damages could total as high as $600 million under some estimates, shouldn't the victims of this disaster who were innocently making their evening commute home have the option to get their day in court? And, should Congress change this unfair and arbitrary cap? The answers are still pending.

RH

Let's Put the Seniors in Jail, and the Criminals in a Nursing Home.

jlewis@hsinjurylaw.com (blog Author)38187 — Mon, 30 Aug 2010 08:00:00 EST

I received an e-mail with the same title that basically said convicted criminals receive more rights and protection than our elderly. Although overly exaggerated, the e-mail draws attention to the terrible care that many elders receive at these facilities.

According to the best available estimates, between 1 and 2 million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on

whom they depended for care or protection, states a study done by the National Center of Elder Abuse.

As staggering as that statistic is, it is most likely higher. In domestic settings, such as in-home care, the study suggests that only 1 in 14 incidents are even reported.

(This is the thought provoking email I actually received below)

Food for thought:

Let's put the seniors in jail, and the criminals in a nursing home.

This way, the criminals, now in a nursing home, would get cold food, be left all alone, and unsupervised. Lights off at 8pm, and showers once a week. And be forced to pay upwards of $5000 a month for this abuse.

The seniors, now in a jail, would have access to showers, hobbies and walks, they'd receive unlimited free prescriptions, dental and medical treatment, wheel chairs etc. and they'd receive money instead of paying it out.

They would have constant video monitoring, so they could be helped instantly, if they fell, or needed assistance. Bedding would be washed twice a week, and all clothing would be ironed and returned to them.

A guard would check on them every 20 minutes, and bring their meals and snacks to their cell. They would have family visits in a suite built for that purpose.

They would have access to a library, weight room, spiritual counseling, pool, and education, simple clothing, shoes, slippers, P. J.'s and legal aid would be free, on request.

They would have private, secure rooms for all, with an exercise outdoor yard, with gardens. Each senior could have a computer, t.v., radio, and daily phone calls.

There would be a board of directors, to hear complaints, and the guards would have a code of conduct, that would be strictly adhered to.

(End e-mail)

Anyone who has ever visited a detention facility would know that it is not as pleasant as this little tongue in cheek story seems to make it. But it does draw attention to the fact that there are certain principles and rights that prisoners have that our elderly don't receive.

In fact a Virginia Beach nursing home has been on a list of the worst long-term-care facilities in the country. Beacon Shores Nursing and Rehabilitation first landed on a list of poor-performing nursing homes in February of 2008 when it was tagged as a "special focus facility" by the Centers for Medicare and Medicaid Services. The federal agency lists nursing homes that have chronic problems that continue even after facility officials are given the opportunity to make improvements.

Many nursing home patients are completely dependent on the care they receive from nurses, doctors, physical therapists and other hospital personnel. Those patients -- and their families -- need to trust that the health care providers will act in ways that keep patients as comfortable and as healthy as possible.

So what can you do to protect your loved ones?

Check Nursing Home Compare or a similar source for key quality measures such as infection control, pain treatment, depression, mobility, etc. Nursing homes and long-term care facilities that receive federal funds must comply with certain federal regulations and laws. These regulations and laws set out in detail the type and quality of care that residents in these facilities must receive.

If your loved one is already in a nursing home and you suspect neglect or abuse contact our medical malpractice attorneys. There are laws to protect you, but you must know your rights and act on them. The law requires nursing homes to promote and protect the rights of each resident and places a strong emphasis on individual dignity and self-determination.

Is a Medical Malpractice Suit Appropriate for a Perforated Intestine during Stomach Surgery?

jlewis@hsinjurylaw.com (blog Author)38097 — Sat, 28 Aug 2010 08:00:00 EST

The answer to this question depends largely on the circumstances related to your particular surgery. I can say, in general, suffering a perforated intestine during a procedure can be grounds for a medical malpractice claim, especially if the procedure is considered common by the medical community.

However, the laws in Virginia (VA) for medical malpractice are not very accommodating to victims so if we decide to pursue a claim, the process can be complex and challenging. Of course, if you've suffered a serious injury like a perforated intestine and believe it was due to your doctor's negligence, we will seek justice through the litigation process.

To provide context, a perforated intestine involves a cut leading to a hole in the wall of your stomach, gallbladder, small intestine, etc. This type of injury is extremely dangerous since it can lead to a leak of your intestinal contents into your abdominal cavity, according to the National Institute of Health.

When a perforation occurs, you usually have to undergo another surgery to repair the damage. This usually leads to an extended recovery time and more money spent on medical bills.

The challenge many victims face is determining whether or not the doctor made a mistake that should have been prevented. Many doctors are not completely forthright about making a surgical error which is why you should consult with a medical malpractice lawyer in VA to figure out if the risk of a perforation occurring from your surgery was reasonable. In many instances, a perforation is an unacceptable medical mistake. Nevertheless, we would need to obtain a "certificate of merit" from a doctor who specializes in the same medical field as the doctor who performed your surgery before we can proceed with litigation. Like I said earlier, the process can get complex, but that should not deter you from talking with a lawyer and pursuing the damages you deserve.

PA

Are There Damage Limitations in FELA?

rappleton@hsinjurylaw.com (blog Author)38103 — Sat, 28 Aug 2010 08:00:00 EST

We get this question a lot since many railroaders have heard about "damage caps" in medical malpractice cases. Fortunately, FELA (i.e. the Federal Employers Liability Act) does not penalize victims and there is no arbitrary damage cap for your on-the-job railroad injury.

This does not mean there aren't specific requirements you need to follow when it comes to filing a FELA claim. For example, there is a three-year statute of limitations. The three-year time limit begins from the date you suffered your injury.

"But what if I was diagnosed with mesothelioma and don't know the exact date I contracted the disease?" Good question. Courts have determined that in these cases, the statute of limitations may begin when you were first informed, or should have reasonably known, of your occupational disease. The issue of when you should have "reasonably known" is routinely contested by the railroad company during the litigation process, which is why you need to consult with a lawyer on these matters.

The fact that there is no damage limitation in FELA claims is good public policy. The severity of the injuries can vary and trying to set a random damage limits is virtually impossible when, on one hand, a railroad engineer can suffer a lower back injury while a trainman can wind up losing their life to lung cancer.

If you've suffered a serious injury while working for CSX, Norfolk Southern, or any other railroad and are considering filing a FELA claim, speak to a lawyer as soon as humanly possible. We can help ensure your claim if filed appropriately and within the aforementioned statute of limitations.

Defensive Medicine, Fact or Fiction?

blog@www.hsinjurylaw.com (news Author)17307 — Fri, 27 Aug 2010 08:00:00 EST

By Rick Shaprio, Virginia Trucking Accident Attorney

The old adage, what you don't know can hurt you, rings true when it comes to medical malpractice. My colleage, Jim Lewis, just wrote an article breaking down the divisive issue of defensive medicine. It boils down to whether sophisticated tests are necessary to catch diseases, or unnecessary tests? Read more to find out what the real issue is.

Even "Minor" Car Accidents Can Cause Serious Injuries

blog@www.hsinjurylaw.com (blog Author)38043 — Fri, 27 Aug 2010 08:00:00 EST

A woman in New Brunswick was involved in what was considered to be a "minor" car wreck. There was no major damage done to either the woman's car or the at-fault driver's car. It appeared to be your run-of-the-mill fender bender. Twelve hours later, the story was much different.

The woman who was hit started to feel pain in her neck and back. She may have initially chalked this up to soreness from the accident. Unfortunately, the pain did not go away. In fact, it got worse and spread to various parts of her body.

She went to see various medical professionals and was diagnosed with both rheumatoid arthritis and complex regional pain syndrome (CRSD), according to nj.com. She did not have either condition prior to the car accident.

The woman made the wise decision of consulting with a personal injury attorney and she secured a $3 million jury award to cover medical expenses and pain and suffering.

This case illustrates how any car accident, no matter how "minor" it seems, can cause serious injuries that may affect you for weeks or months afterwards. Don't think that just because you were involved in a fender bender, you can't get compensated from a personal injury claim in Virginia (VA). Take the time to speak to an injury lawyer in Hampton Roads, VA so you can find out what legal options are available to you.

PA

Recall of Zooper Tango Stroller Due to Sudden Collapse Defect

blog@www.hsinjurylaw.com (blog Author)38063 — Fri, 27 Aug 2010 08:00:00 EST

One of the first purchases a new parent usually makes is a stroller. Some parents spend days, or even weeks, researching various stroller models to find a suitable transportation device for their newborn child so they will be safe and comfortable. This is why the recent recall of Zooper Tango Double Strollers is so disturbing.

The defect with the Zooper Tango stroller is a frame latch failure which causes the stroller to collapse, according to ABC2News.com. There have been 185 reports of this frame latch failure including an incident involving a 3-year-old boy and 13-month-old boy who were injured after the stroller they were in collapsed, according to the Consumer Product Safety Commission.

As the mother of a newborn, I cannot fully express how frustrating it is to read about these types of defects. Stroller companies need to appreciate the fact that parents are placing a level of trust in their product and should not have to worry about a stroller falling apart in the middle of the street.

Lan Enterprises, the manufacturer of the Zooper Tango Double Stroller, issued the voluntary recall and parents are encouraged to stop using this stroller model immediately.

PA

Airplane Accident Leads to Brain Injury

blog@www.hsinjurylaw.com (news Author)17163 — Mon, 23 Aug 2010 08:00:00 EST

An 11-year-old girl suffered a traumatic brain injury after a plane crashed in San Andre, Colombia. There were 131 passengers on the plane and the young girl reportedly suffered the "worst" injury. She remains in critical condition. To learn more, check out this blog...

11-Year-Old Girl Suffers Brain Injury in Horrific Airplane Crash

Investigation Into Raleigh, NC Train Crash Continues

rappleton@hsinjurylaw.com (blog Author)37719 — Sun, 22 Aug 2010 08:00:00 EST

An Amtrak train carrying 33 passengers from Raleigh, North Carolina (NC) to Charlotte hit a large truck at a Morrisville train crossing, according to a recent report by WRAL News. Luckily, no one was injured in the crash, although the Amtrak’s locomotive suffered damage that put the train out of service. A bus arrived shortly after the accident to take the Amtrak passengers to their destination. Amtrak officials are still investigating what caused the crash.

According to the National Association of Railroad Passengers, over 25 million people ride Amtrak trains each year, logging over five billion miles of riding the rails. Although railroads have a lower injury rate for passengers than cars, about 90 accidents involving an Amtrak train occur each year, according to the Federal Railroad Administration’s Office of Safety Analysis. As of August 2010, two Amtrak train accidents each have occurred in Virginia and North Carolina, resulting in a total of 21 injuries.

Since there is little a train passenger can do to prevent a train crash, those responsible for safety and maintenance on Amtrak and other train lines need to pay close attention to ensure that the trains, the tracks, and the signals on the train lines are all working properly. Proper care must also be given to ensure that Amtrak engineers know how to prevent train accidents and how to respond if an accident occurs.

Anyone driving through a train intersection should also pay careful attention to the signals and make sure they get a good view of the track in both directions. Driving cautiously around train tracks is one way that drivers can help protect themselves and train passengers from the dangers of a train crash.

Seat Belt Law Loophole Puts Back Seat Riders in Serious Risk of Injury

blog@www.hsinjurylaw.com (news Author)17123 — Fri, 20 Aug 2010 08:00:00 EST

Virginia has a loophole in their seat belt laws which allow adults to sit in the back without buckling up. This needs to be corrected. Seat belts save 11,000 lives every year and are the most important safety device we have for vehicles. To learn more, read this blog...

Virginia Seat Belt Law Loophole Allows Back Seat Passengers to Ride Unbuckled

False Claim Act/Whistleblower Suits: The Basics of Whistleblower Suits (Qui Tam Claims)

blog@www.hsinjurylaw.com (blog Author)37666 — Fri, 20 Aug 2010 08:00:00 EST

In the USA, it's no secret that large government programs like Medicare and Medicaid, with the vast resources oversight requires, are ripe for fraud. As enrollment in these programs increase, the opportunities for scamming the government increase, too. In Virginia and Washington, DC, as in states across the USA, false hospital claims for pharmaceuticals and patient care are examples of fraud that can run into the tens of millions of dollars. In addition to its own agencies, the government relies on whistleblowers to report illegal activity resulting in such waste. As more whistleblowers come forward to report employer fraud against the government, lawsuits to protect their rights are also on the rise.

The False Claims Act (FCA) protects people who report businesses that are defrauding the government. The common law principle of qui tam allows an individual to sue on behalf of the government, even if they are not an employee of the government. Until the last decade, most qui tam cases involved filings against defense contractors. In recent years, health care providers and pharmaceutical companies have received more attention. This is probably due to the fact that Medicare loses between $40-60 billion every year in fraud.

Why would someone become a whistleblower? Often they don't intend to. They may notice an irregularity and tell their manager about it, thinking the company will correct the mistake. It's often not until the company makes no effort to correct the irregularity that the employee feels obligated to blow the whistle. In 1986, changes made to the FCA encouraged more fraud reporting by offering more protections.

Qui tam provides a potential reward of 15 to 30 percent of any recovery secured by the government. Since 1986, attorneys representing whistleblowers can further demand that their client be made whole, that is, the client may recover their position (with seniority), receive twice the amount of back-pay plus interest as well as any other losses, recovery of attorney fees and costs incurred during litigation and pain and suffering. In 2009, Congress expanded these protections to cover agents and contractors.

The statute of limitation for qui tam claims is six years. Qui tam cases require that attorneys follow the FCA's strict procedures for filing, service, investigation and maintaining the case under seal. This means attorney and client must be financially and emotionally prepared for a long course of action—sometimes years. Qui tam cases cannot be settled without the government's consent.

Qui tam cases have a major public policy benefit: reducing fraud that costs taxpayers millions of dollars. For these reasons, qui tam cases may be viewed by the courts in a favorable light when the evidence of fraud and wrongdoing is clear and convincing. Only experienced attorneys familiar with organizing major trials should represent you if you are a person who can expose major economic fraud perpetrated on the federal government.

KJA

About Retaliation Claims/Suits By Whistleblowers Against Their Employers

blog@www.hsinjurylaw.com (blog Author)37667 — Fri, 20 Aug 2010 08:00:00 EST

As the numbers of Medicare and Medicaid patients expands, so does the potential for fraud and waste. The cost to oversee these programs is extensive. Funding and manpower are not available to examine every hospital charge for patient care, procedures, pharmaceuticals and supplies. It's no wonder that tens of millions of dollars are wasted every year in Virginia (VA), Washington, DC and in other states, counties and cities across the country. Further, there are companies that dream up scams, devices and programs that fraudulently bill or make claims on the government also. As false claims and scams increase, so does the need for attorneys to engage in suits to recover some of the taxpayer waste and to help put a stop to the abuse. Not only can these scams affect Medicare/Medicaid, but this article covers any other form of retaliation against employees that report fraud or billing abuses affecting federal government programs.

Blowing the whistle on a company that is defrauding the government is extremely important and far too many employees fail to do so out of fear of retaliation by their employer. This is when your company finds out you’re helping the government and they decide to terminate your employment, demote you, or take some other retaliatory action believing that you may report the truth about an illegal practice.

If you’ve been the victim of employer retaliation, you have federal law legal protections and can pursue compensation relating to the retaliatory act, potentially separately from an action called a "whistleblower claim" discussed in a separate whistleblower protection article. To prevail in a retaliation case you need to prove three things: (1) that you were complying with the False Claims Act/FCA and providing information to the government, (2) the employer knew you were part of a qui tam case or assisting the government in investigating the fraudulent activity and (3) the employer took action against you because of your choice to reveal the illegal activity.

Some courts require you to take affirmative steps to show you were in a qui tam case or assisting in a government investigation. Otherwise, there might be no connection between the employer's retaliatory action and the fraudulent activity you are making known or reporting. For example, the company may defend against your retaliation claim by asserting that there is a substantial reason, other than knowledge of fraudulent activity, for their actions against you. Other obstacles to a retaliation claim or suit would be that you must show economic loss or harm and that you are within the statute of limitations (i.e., the timeframe in which you can file a retaliation claim).

Retaliation claims can be filed along with a qui tam whistleblower case in court. However, qui tam cases can only be settled with the consent of the US government, which can hold up settling the retaliation claim for their investigation.

Determining whether or not you should file a retaliation claim is extremely important and you should consult with an experienced attorney right away to discuss what legal option is best for you and your family. These cases can be very complex and you need to be informed of all that will come with filing either a retaliation claim and/or a qui tam/false claim act case.

KJA

Two Teenagers Killed in Haymarket Car Crash

jlewis@hsinjurylaw.com (blog Author)37580 — Thu, 19 Aug 2010 08:00:00 EST

You've made the conscious choice not to drink and drive. You've got a ride lined up to head back home. Unfortunately, your responsible behavior does not translate to the driver. This is the unfortunate fact behind a tragic car wreck in Haymarket, Virginia (VA).

A 15-year-old returning home from a concert in his friend's Mazda RX-8 wound up getting killed after the driver lost control of the car on a hill crest at Logmill Road, hit an Acura, slammed into a ditch, and flipped over. Reports indicate the 18-year-old driver was speeding and may have consumed alcohol, according to myfoxdc.com. Another passenger in the car survived, as did the driver of the Acura.

The 15-year-old passenger had a bright future at Battlefield High School. He was a football player and had dozens of friends. My deepest sympathies go out to his family.

This terrible car accident illustrates the fact that when we drink, having a ride home isn't enough. You need to be sure the driver hasn't consumed too much alcohol either. Far too many passengers lose their lives in car accidents involving a drunk driver. These are innocent people who have died due to no fault of their own.

"With drinking and driving, make smart choices because in a second, your whole life could change. Now I'm an only child," said the sister of the 15-year-old who had his life taken away far too soon.

PA

Couples Sues Charleston Hospital For Infected Camping Injury

blog@www.hsinjurylaw.com (news Author)17020 — Wed, 18 Aug 2010 08:00:00 EST

A West Virginia couple is suing a hospital and two doctors after a dirt bike accident led to a severe knee infection. The couple says that the hospital should have recognized the danger of an infection and prescribed IV antibiotics to prevent an infection from taking hold.

Matthew Summerfield and his wife are suing Charleston Area Medical Center, Dr. Molly John and Dr. Brandon Kyle Robinson for medical malpractice.

According to court records and the West Virginia Record, Summerfield was on a camping trip near Charleston in July 2008 when he was injured in a dirt bike accident. During the accident, the man was dragged across rocky terrain and received two serious cuts on his leg and knee area. At the hospital, he was given medicine for the pain and an oral antibiotic to fight off infection. He was released after the doctors cleaned his wounds.

The next day, the wound became infected and began leaking pus. Summerfield, who was suffering from agonizing pain, went to a different medical center where he was placed on IV antibiotics and had his cuts cleaned once again. Summerfield, who filed his case in Kanawha Circuit Court, says that he should have never experienced the infection and that he had asked for further testing that was denied at Charleston Area Medical Center.

His WV medical malpractice case asks for compensation for medical bills and pain and suffering – putting forth that Charleston Area Medical Center did not understand the danger of infection to his wounds and that they did not pick a reasonable treatment plan for his injuries.

New Study: When Doctors Admit to Mistakes, Malpractice Claims Decrease

blog@www.hsinjurylaw.com (news Author)17067 — Wed, 18 Aug 2010 08:00:00 EST

Can doctors get away with a few mistakes? A suprising new study shows doctors are actually sued less when they are open and honest about any mistakes they may have made. Find out why, by reading more.

New Study: When Doctors Admit to Mistakes, Malpractice Claims Decrease

West Virginia Woman Joins Dozens In Filing Bard Avaulta Lawsuit

blog@www.hsinjurylaw.com (news Author)17019 — Tue, 17 Aug 2010 08:00:00 EST

A West Virginia woman and her husband have filed a defective medical device lawsuit against a company that produces surgical mesh used to fix pelvic organ prolapses. She is one of dozens of women who say that the Bard Avaulta product caused them significant pain, complications, and anguish.

Betty Adkins of Cabell County had surgery in 2007 for a pelvic organ prolapse. The surgery was preformed by Dr. Mitchell Nutt at St. Mary’s Medical Center and involved the implantation of the Avaulta Plus Anterior and Posterior BioSynthetic Support System, manufactured by medical device company C.R. Bard. However, in the months and years after the surgery, Adkins experienced a number of complications with the sling and suffered from pain, mental anguish, and, ultimately, the loss of an organ.

According to the West Virginia medical malpractice lawsuit, the mesh eroded through her vaginal wall, causing significant permanent damage and deformity. The FDA issued a warning about mesh sling problems in 2008 – after over 1,000 women reported complications, perforation, erosion, pain, and infection after getting mesh implanted. Many needed another surgery to remove the medical product from their system.

She and her husband, Raymond Adkins, are suing both the surgeon that incorrectly implanted the device as well as the company, which the defective medical device lawsuit says was negligent in designing, manufacturing, marketing, labeling, packaging and selling the products.

The couple is seeking an undisclosed amount for both punitive damages and compensatory damages.

Motorcycle Accident in Williamstown Leads to Loss of Life

rappleton@hsinjurylaw.com (blog Author)37419 — Tue, 17 Aug 2010 08:00:00 EST

Three family members (a father, son, and daughter-in-law) were enjoying a ride on their motorcycles in Williamstown, West Virginia (WV) when the nightmare began. As they entered an "S-turn" on W.Va. 31 near Jericho Road the father's motorcycle reportedly encountered some gravel on the road and lost control. A pickup truck was traveling the opposite direction and slammed head-on with the father.

The son was riding behind and when he saw his father lose control, he tried to decrease his speed but hit a loose exhaust pipe and wound up going over an embankment.

Both the son and daughter-in-law suffered injuries. Sadly, the father did not make it. He was declared dead at the scene, according to the News and Sentinel.

We don't know the exact cause of the accident, but witnesses pointed to the gravel that was on the road. Another potential factor could be worn tires on the motorcycle. This is troubling since reports indicate the rider recently purchased the motor bike.

Whether the cause was gravel or worn tires, this terrible motorcycle accident is an example of how even the smallest problem on the road or mishap can have tragic consequences.

Train Collision, Diesel Spill in CSX West Virginia (WV) Facility

blog@www.hsinjurylaw.com (blog Author)37341 — Mon, 16 Aug 2010 08:00:00 EST

Two trains smashed into each other at the Brooklyn, West Virginia (WV), rail yard last Wednesday, leaving about 1,500 gallons of diesel fuel on the ground according to the Associated Press.

The accident at the CSX rail yard in New Martinsville is under investigation but a local fire department official said that a northbound locomotive collided with southbound rail cars being pushed by another locomotive. At impact, the northbound train apparently flipped over, and fuel started pouring out of its ruptured "belly fuel tank," the Wheeling Intelligencer reports. Two people on board one of the locomotives suffered injuries, and hazmat crews cleaned up the area. The state's environmental protection agency is also on the case.

Fortunately no lives were lost in this accident, but the potential for disaster was there. Major train accidents can result in devastating injuries and even death for train crews. In addition to physical injuries, long-term exposure to diesel fumes or other toxic chemicals has also been shown to pose a serious health risk to rail workers.

Whatever the cause of this accident, it is obvious that out of control trains and train cars put rail workers, passengers, and innocent bystandards in harm's way. Hopefully authorities will be able to get to the bottom of it and prevent future train accidents of this nature.

RH

Driver Killed When Tractor-Trailer Runs Red Light in Virginia Beach, VA.

blog@www.hsinjurylaw.com (blog Author)37376 — Mon, 16 Aug 2010 08:00:00 EST

In his latest post to the Virginia Trucking Accident/Injury Blog,
my colleague Jim Lewis shares the sad news that the driver of a mini-van was killed by a careless tractor-trailer driver who ran a red light. If you or a loved one are hurt in an accident with a tractor-trailer you should consult with an attorney right away.　If you don’t, you could be taken advantage of by the insurance company

One person died when the tractor-trailer collided with a mini-van at Northampton Boulevard and Burton Station Road, police said. To find out more about this truck accident click here

Canadians/Quebec Residents Injured in a Virginia (VA) or Carolina Car Accident

blog@www.hsinjurylaw.com (blog Author)37383 — Mon, 16 Aug 2010 08:00:00 EST

Each year, millions of Canadian resident tourists drive from outside of the U.S. to visit Virginia Beach, Virginia (VA) the Outer Banks of North Carolina NC) and other popular areas like Williamsburg. You may be surprised to discover that a large number of Va. Beach tourists are visiting from Montreal and Quebec province, Canada. In fact, Canadian visitors to the Hampton Roads/Virginia Beach area increased from 4.2 percent in 2002 to 11.7 percent in the summer of 2009, according to a visitor profile study conducted by Old Dominion University. There are so many Canadian tourists that a sign in the beach area says "Welcome to Virginia" in English and French! The Virginia and Carolina beaches are beautiful, and our Canadian visitors realize how beautiful these beaches are.

During our tourism seasons - spring and summer - traffic is more congested than usual, especially in the Chesapeake Bay Bridge Tunnel and on U.S. 13 (Route 13) and Interstate 64 (I-64), which tourists from Canada use to travel to the Eastern Shore, Hampton and Norfolk.The high volume of traffic consequently means that car accidents, motorcycle crashes, and truck wrecks are more likely to occur.

For the large number of Canadian tourists, getting into a car accident and suffering injuries while on vacation can be particularly unnerving. They may wonder if the damages sustained from the wreck can or will be covered since they are tourists.

What many Canadians are probably unaware of is that they entitled to the same rights as American citizens who are injured in car accidents in the United States, and VA and NC state courts allow jury trials in injury cases, unlike Canadian injury lawsuits.

Canadian tourists who are injured in a car accident in Virginia, such as a fender bender or head-on collision, should first seek medical attention. Any car accident can result in serious neck or head injuries. Virginia and Carolina state law provides for a jury or non-jury trial for personal injury cases.

Tourists, whether from out-of-state or out-of-country, can still contact a law firm from the area in which the accident occurred and the Canadian "no fault" rules may be totally inapplicable in VA or NC if the injury was caused by an American resident driver, who was at fault. Being injured in a car accident in Va or NC could mean potential lost wages from work, large medical bills and permanent or temporary disabilities which a jury can compensate for. Tourists will need an experienced injury attorney to help them receive the settlement or verdict that they deserve.

cl

Minivan Driver Hit and Killed by FedEx Truck That Ran Red Light in Virginia Beach

jlewis@hsinjurylaw.com (blog Author)37282 — Sat, 14 Aug 2010 08:00:00 EST

Over 800 people are killed and over 200,000 people are seriously injured in car crashes that involve a driver running a red light, according to smartmotorist.com. Unfortunately, a recent accident in Virginia Beach, Virginia (VA) added to those disturbing statistics.

The driver of a FedEx truck ran a red light at the intersection of Northampton Boulevard and Burton Station Road. The truck slammed into a minivan killing the driver. The at-fault FedEx trucker did not suffer any injuries, according to WAVY.com.

Apparently, Northampton Blvd has developed a reputation among VA Beach residents as being inundated with red light runners. For example, a resident posted on the WAVY message board regarding this truck-car wreck:

"This area is rife with red light runners and Northampton Blvd. is one of the worst areas for it. I've seen more times than I can count trucks heading south on Northampton Blvd. blow right through the light at Pleasurehouse Rd. And at least twice I've watched a cop waiting at the light let them get away with it. Everybody in our house knows to ALWAYS LOOK BOTH WAYS TWICE before crossing an intersection around here ESPECIALLY Northampton & Pleasurehouse."

Many questions need to be answered regarding this car-truck crash. Was the at-fault driver distracted in some way? Was he drowsy (the accident occurred at 1 a.m.)? We'll have to wait and see what the accident report reveals.

My deepest condolences go out to the family of the wrongfully killed minivan driver. As mentioned above, the accident occurred at around 1 a.m. so there's a good chance family members were awoken to this awful news. I hope they make it through the grieving process successfully.

Trial By Jury Going Extinct in the United States

blog@www.hsinjurylaw.com (news Author)16955 — Fri, 13 Aug 2010 08:00:00 EST

My colleague Rick Shapiro published an article on the vanishing trial by jury. There are many reasons jury trials are becoming so rare - use of alternative dispute resolutions and settlements, for example. However, there is also a growing number of claims being squashed by judges when they make a "summary judgment." These judgments take the power away from juries and put it in the hands of judges. To learn more, check out this article...

Its Official: The Death of Injury Trial By Jury In America

Nurse at Chapel Hill Nursing Home Charged With Murder Following Patient's Morphine Overdose Death

blog@www.hsinjurylaw.com (blog Author)37226 — Fri, 13 Aug 2010 08:00:00 EST

North Carolina (NC) state law enforcement officials on August 9, 2010, handed down nearly three dozen indictments against a former nursing home nurse for charges ranging from patient abuse to second-degree murder. The currently jailed nurse is accused of administering overdoses of morphine and other painkilling opiates to patients at Brithaven of Chapel Hill in Orange County, just northeast of the city.

According to WRAL-TV, investigators spent months looking into suspicious medication side effects among patients and the death of one 84-year-old woman. Detectives and medical examiners determined that registered nurse Angela Almore may have intentionally administered opiates to patients who should not have received those drugs and gave other patients doses that were too high. About a third of the overmedicated patients, including the woman who lost her life, suffered from Alzheimer's disease.

Brithaven may face fines for failing to protect patients and properly oversee the actions of a nurse it employed. Such fines would be appropriate if Almore is convicted of any instance of abusing patients or giving overdoses to people in her care. Hospital administrators and senior staff such as nurse managers and doctors have an undeniable duty to ensure that those working under them do nothing to harm patients or put patients at risk.

The case being made against Almore is shocking. Many nursing home patients are completely dependent on the care they receive from nurses, doctors, physical therapists and other hospital personnel. Those patients -- and their families -- need to trust that the health care providers will act in ways that keep patients as comfortable and as healthy as possible.

EJL

Wheeling Hospital On Concussions: When In Doubt, Sit Them Out

jlewis@hsinjurylaw.com (blog Author)37121 — Thu, 12 Aug 2010 08:00:00 EST

This week Wheeling Hospital held a seminar on sport concussions – and what West Virginia coaches and parents can do to keep their players safe during youth sports.

During the seminar, the director of physical therapy at the hospital urged high schools to use the innovative IMPACT system to detect and monitor head injuries and brain injuries in high school students – but also noted that only a handful of high schools in West Virginia have taken advantage of the technology to help keep kids safe.

The seminar also stressed that children should not feel “macho” about their concussion and try to re-enter the game, as many of the most serious traumatic head injuries take place when a player who has suffered a concussion suffers another head injury in the near future. In addition, the seminar told parents to remember that even though football gets the most attention when it comes to head injuries, many other sports can involve concussions, including hockey, soccer, wrestling, baseball, and lacrosse.

'Distracted Boating' Cited as Possible Cause in Two Accidents Involving Coast Guard Vessels

blog@www.hsinjurylaw.com (blog Author)37155 — Thu, 12 Aug 2010 08:00:00 EST

Texting, talking on a cell phone and using other electronic handheld devices such as GPS systems and laptops are well-recognized risks for deadly car, truck and tractor-trailer accidents. New evidence collected by the National Transportation Safety Board indicates that distracted boating may be as big a risk to people's lives.

Citing evidence from months-long investigations into two separate maritime accidents involving U.S. Coast Guard vessels in late 2009 revealed that crew members were texting at the time of the collisions, the NTSB this week asked the service to prohibit the use of handheld communication devices for nonwork purposes on all Coast Guard boats and ships. The first accident, in Charleston Harbor, occurred on December 5 as numerous commercial and private vessels returned to their slips following the South Carolina (SC) city's annual Christmas Parade of Boats. Six people aboard the catamaran Thriller suffered injuries.

On December 20, a Coast Guard vessel traveling between 30 and 40 knots crashed into a privately owned fishing boat off the coast of San Diego, California (CA), killing an 8-year-old boy and sending five people on the fishing boat, including two children, to the hospital. Again, one or more Coasties was texting at the time of the accident.

On August 11, 2010, NTSB Chairwoman Debbie Hersman said, "The use of wireless communications devices while operating vehicles in any mode of transportation poses an unacceptable distraction. Lives are being unnecessarily put at risk and lost." The agency also asked the Coast Guard to alert all boat and ship operators of the dangers of distracted boating.

For its part, the Coast Guard, in July 2010, banned cell phone use by personnel who are at the helm. A wider proscription on handheld devices may be imposed after the Coast Guard considers all the NTSB's findings and recommendations.

I agree with the statement that distracted driving is distracted driving whether you're in a car, a plane or a boat. Drivers' attention needs to be on the route and the other vehicles in the area. When a driver or someone charged with watching for hazards -- as co-pilots and Coast Guard crew members are -- takes his or her eyes off the road, sky or water, tragedy often follows.

EJL

Amputation Following Misdiagnosis of Kidney Infection Results in $2.3M Verdict for MD Woman

blog@www.hsinjurylaw.com (blog Author)37157 — Thu, 12 Aug 2010 08:00:00 EST

In his latest post to our firm's VA & NC Medical Surgery Malpractice Attorneys Blog, my colleague Jim Lewis applauds a jury verdict in favor of a woman who had part of one leg and most of another foot amputated after her doctors failed to promptly diagnosis a potentially fatal blood infection called sepsis. Jim notes that while no doctor, nurse, pharmacist or other health care professional can be perfect all the time, every caregiver must be held to a high standard for diagnosing patients' problems and providing appropriate care.

EJL

Driver Injured After Falling Asleep Behind the Wheel in Campbell County, VA

blog@www.hsinjurylaw.com (blog Author)37163 — Thu, 12 Aug 2010 08:00:00 EST

Far too many drivers are on the road right now feeling exhausted, maybe just pulled an "all nighter" and are having trouble concentrating. Their eyes get heavy and all they want to do is sleep, but they push themselves to get to their destination. This is what leads drowsy driving car wrecks.

A recent car crash in Campbell County, Virginia (VA) featured a driver falling into this same trap. He was a 22-year-old Lynchburg, VA resident driving down Leesville Road near Greenview Driver early in the morning when he fell asleep behind the wheel. His car veered off the side of the road and slammed into a tree, according to WSET13 News.

Fortunately, the driver was the only person in the car. He suffered injuries and currently being treated at the hospital. However, his troubles are just beginning since falling asleep behind the wheel is reckless driving. If convicted, he could face up to one year in jail, up to $2,500 in fines, and suspended driving privileges for up to six months.

Our firm has written about the dangers of drowsy driving and how your risk of suffering serious injury increases exponentially if you are tired/exhausted and decide to drive long distances. If you are feeling sleepy, take a quick 30 minute nap or stop at a gas station and grab a cup of coffee. The worst thing you can do is continue to push yourself and wind up getting into a bad car accident because you dosed off.

Drugmaker Pays Nearly $200 Million To Settle Seroquel Lawsuits

blog@www.hsinjurylaw.com (blog Author)37178 — Thu, 12 Aug 2010 08:00:00 EST

The London-based pharmaceutical manufacturer AstraZeneca will pay $198 million according to the Associated Press to settle roughly 18,000 U.S. lawsuits claiming that the drug Seroquel caused diabetes and other dangerous side effects. About eight thousand similar product liability lawsuits against the drug company are still pending in court.

Seroquel (generic name quetiapine fumarate) was approved by the U.S. Food and Drug Administration (FDA) for the treatment of schizophrenia and bipolar disorder. The company is alleged to have marketed the drug for unapproved or "off label" uses such as depression or insomnia. In addition, they allegedly failed to issue appropriate warnings about serious side effects. Thousands of lawsuits brought by users of Seroquel allege the medication led to rapid, significant weight gain and diabetes, as well as depression. Some elderly patients with dementia have died after taking this drug.

In early 2010, AstraZeneca, which also manufacturers Nexium, paid $520 million to settle U.S. Justice Department charges that it overpromoted Seroquel. Still, the company may not be getting the message. Last month, for example, the FDA ordered the company to stop using a promotional letter for Seroquel XR that failed to contain a diabetes warning.

Global sales of Seroquel totaled a staggering $4.9 billion in 2009 according to the Wall Street Journal, the company's second-biggest seller behind Nexium, and the fifth best-selling drug in the world. AstraZeneca, said to be the world's sixth largest drug manufacturer in terms of revenue, has denied that it tried to sweep the side effect risks of Seroquel under the rug and says it remains "committed to a strong defense effort." Not surprising. Many drug companies under fire for causing serious side effects routinely deny any wrongdoing.

While $198 million seems like a big number, the latest settlement works out to roughly $11,000 per case, which may be woefully inadequate to compensate the victims for their injuries. Let's not forget, people may have developed diabetes because of this dangerous drug. That's a condition that could remain with them for the rest of their life.

Most medications have some side effects, but there are times when the potential side effects outweigh any benefits for large numbers of patients. When that happens, patients injured by dangerous drugs have an undeniable right to receive compensation for their pain and 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.

RH

Deadly Accidents at Private Railroad Crossings on the Rise in Virginia

rappleton@hsinjurylaw.com (blog Author)37091 — Wed, 11 Aug 2010 08:00:00 EST

Over the past five years, the number of railroad crossing deaths at private crossings has surpassed the deadly rail crashes at public crossings in Virginia (VA). This is a disturbing trend since railroad crossing accidents at public crossings (i.e. rail crossings at high traffic public roads) is historically higher than at private crossings (i.e. rail crossings on private, less traveled streets).

Recently, a Williamsburg woman was killed in a rail crossing crash at the private rail crossing on Richmond Road in Norge, VA. It was the second accident at that crossing in less than a month.

One potential reason we're seeing an increase in private rail crossing crashes is the fact that there are no laws on the books requiring crossbars or flashing lights at these private crossings. The law also does not require trains to blow their horns when approaching a private crossing. This means a driver could approach these tracks and have no idea a train is approaching.

If that wasn't bad enough, installing these safety mechanisms is based on agreements between the railroad company which uses the tracks and the property owner, according to the Daily Press. This can lead to questionable arrangements. For example, the property owner who has the Richmond Road rail crossing has an agreement with CSX railroad that requires him to install his own crossbars at the rail crossing. This would cost roughly $250,000; not a small price for someone who operates a small farm or local business (meanwhile, CSX and other rail companies generate billions of dollars of profit).

It would make sense to look at reforming the current laws with an eye on improving safety. Obviously, agreements between a private property owner and private company complicates further regulations, but there should at least be the option for a land owner who allows rail tracks to invoke a requirement that the rail company pay all, or at the very least a portion, of the cost of setting up crossbars and/or flashing lights.

Bus-Car Crash in Virginia Beach Leads to Injuries

blog@www.hsinjurylaw.com (blog Author)37115 — Wed, 11 Aug 2010 08:00:00 EST

A car and school bus crashed into one another at the intersection of London Bridge Road and Weybridge Road in Virgina Beach, VA recently, according to a news clip posted by WVEC. According to eyewitnesses, the school bus did not stop for a red light and hit the passenger side of the car. Five Salem High School students were riding on the school bus at the time.

None of the students on the bus were hurt. Unfortunately, the car’s driver suffered lacerations to his head and had to be taken to a local hospital for treatment. We send our condolences to the driver and his family, along with our hopes for a speedy recovery.

At our firm, we see a number of mass transit accidents, including school bus accidents, each year. While some bus accidents do not produce catastrophic results, others may result in severe injury or even death. Approximately six children die and 12,000 more are injured in school bus accidents each year, according to School Transportation News.

These accidents may be the result of drivers who are distracted at a crucial moment and miss a traffic signal or other event. Such “distracted driving” is behind 80 percent of car accidents in the U.S. each year, according to U.S. Transportation Secretary Ray LaHood. Our special report on distracted driving can help you spot the biggest distractions and learn how to avoid them, preventing accidents and maybe even saving lives. Sharing this information with your child’s school bus driver may also help prevent accidents.

DR

Virginia Woman Suffers Head Injury In Hit-And-Run Accident

jlewis@hsinjurylaw.com (blog Author)37120 — Wed, 11 Aug 2010 08:00:00 EST

A 35-year-old Virginia woman was struck by a car while on vacation last week. Sharon Winn was walking in a crosswalk around 3 AM on Wednesday morning, July 28, when a vehicle struck her.

Winn was rushed to a local hospital, where she is being treated for a head injury and is now in stable condition. Witnesses who saw the pedestrian accident disagreed with each other regarding the color and make of the car, which left the scene of the accident. Police believe the vehicle could be a dark gray Dodge Charger with dark tinted windows; a blue or black four-door Honda; or a dark blue four-door Chrysler.

The hit-and-run accident is still under investigation. It is not clear whether alcohol played a part in the pedestrian accident. Anyone who has more information regarding the head injury accident should call the police immediately.

Attorney Discusses Structured Settlements/Annuities

blog@www.hsinjurylaw.com (news Author)16858 — Tue, 10 Aug 2010 08:00:00 EST

My colleague Rick Shapiro just published a very informative blog on Injuryboard about structured injury settlements and annuities. Are either of these options good for you? Find out by reading this blog...

Structured Settlements/Annuities: Basic Information for Personal Injury or Wrongful Death Family or Victims

Mother, Son Killed in Car Crash at Roanoke Intersection

jlewis@hsinjurylaw.com (blog Author)37022 — Tue, 10 Aug 2010 08:00:00 EST

Imagine driving through an intersection headed home or to work and a car barrels into you after they ran a red light. This is an all too typical car accident scenario and may people suffer serious injuries or lose their life in these wrecks.

Tragically, this scenario was displayed at the intersection of Challenger Avenue and Cloverdale Road in Roanoke, Virginia (VA). A professor at Liberty University and her 16-year-old son were killed after an SUV slammed into their vehicle. It turns out the at-fault driver of the SUV sped through a traffic light while the mother and son were making a left turn in their vehicle, according to west.com. The at-fault driver was also driving under the influence.

Another car was hit in this crash and the driver is in the hospital with very serious injuries.

It's so frustrating to read about these types of preventable car accidents. The at-fault driver in this accident displayed a disturbingly high level of recklessness. Not only did he wantonly disregard public safety by speeding through a red light, but he was also intoxicated. This level of carelessness is simply unacceptable.

Truck Driver Hit and Killed in Suffolk, VA

blog@www.hsinjurylaw.com (blog Author)37066 — Tue, 10 Aug 2010 08:00:00 EST

Driving at night is hard, but driving through fog at night is even harder. I know. I’ve driven in fog so thick, I could barely see past my headlights. On one such foggy morning, a tractor-trailer pulled out onto the highway in front of me. It took me a few seconds to register that the tanker was making a u-turn, its slow moving trailer blocking all three lanes as it swung around. I had to drastically reduce speed to avoid hitting the truck.

Monday morning one unsuspecting motorist was not so lucky. A tractor trailer stopped, backed up and tried to turn around on South Quay Road in Suffolk, Virginia (VA). Tragically, a motorist driving a pick-up hit the truck which was blocking his lane and was killed as a result. Fog that reduced visibility on the road may have been a factor in the crash, according to a Suffolk spokes woman.

Our deepest condolences go out to the family of the driver who was killed in this accident. Losing a loved one is always hard, losing one unexpectedly is even worse, especially when it could have been prevented.

There are many questions that need to be answered about this terrible truck crash, but we'll have to wait and see what the full accident report reveals to see what could have been done to prevent this wreck.

Our trucking attorneys have helped people and their families injured by trucking accidents not just in Suffolk but all over Virginia and North Carolina as well.

CA

Brain Injured Man Receives $40 million verdict after being Hit by Van

blog@www.hsinjurylaw.com (blog Author)36939 — Mon, 09 Aug 2010 08:00:00 EST

A New York construction worker left severely disabled after a van struck him was awarded $40 million in a New York Supreme Court verdict this summer. A van traveling 50 miles an hour hit 53 year old Matthew Falcone near his home four years ago. As he languished in a coma, doctors did not even expect him to live. When he awoke, it was clear that he not only suffered brain damage, but also that he suffered partial paralysis. The verdict will help him leave a nursing home and move in with family, and obtain all the nursing care he will need for his lifetime.

Our firm has experience representing clients who have suffered this type of life-altering brain injury, and in working with all the medical and rehabilitation professionals who must be organized to testify in support of a brain injury victim. In fact, we won a record brain injury verdict for a gas station manager who suffered severe brain damage after being hit by a Norfolk Southern train, and have represented a number of other clients who have suffered traumatic brain injury/damage.

According to the Brain Injury Association of America, injuries to the brain are among the most likely to result in death or disability. Severe brain injury results in symptoms including partial or complete paralysis, speech problems, amnesia, short term memory loss, difficulty concentrating, job loss, coma and huge medical debt. Emotional symptoms can include irritability, apathy and depression or seem to change the individual's personality completely.

But even mild traumatic brain injuries may cause long term problems with severe symptoms that are not always easily observed. They are sometimes called "invisible" injuries. Emergency personnel treat urgent and life threatening injuries so a potential brain injury can be overlooked at the scene of an accident. In fact, 90 percent of concussions do not involve a loss of consciousness. Yet cognition problems can develop and reveal themselves with devastating consequences. It often requires a jury verdict to achieve proper compensation in brain injury cases, as companies and their insurers simply fail to recognize the horrible ramifications of brain injury from both a psychological and financial impact perspective.

CW

Teenager Hit and Killed While Crossing Street in Accomack County

blog@www.hsinjurylaw.com (news Author)16835 — Sun, 08 Aug 2010 08:00:00 EST

A 17-year-old high school student was killed while crossing the street at the intersection of Route 13 and Daughtery Road. Reports indicate this intersection was very dangerous since it does not have good lighting and is known for being very busy. To learn more, read this blog...

Teenage Pedestrian Hit and Killed in Accomack County

South Carolina (SC) Jury Awards $12M in Rehab Hospital Negligence Case

jlewis@hsinjurylaw.com (blog Author)36900 — Sun, 08 Aug 2010 08:00:00 EST

In her latest post to our firm's VA & NC Medical Surgery Malpractice Attorneys Blog, my colleague Emily Mapp Brannon shares her thoughts on a jury verdict against a South Carolina rehabilitation hospital. She notes that evidence in the case indicated a paralyzed patient developed bedsores -- one "the size of a saucer plate" -- that became almost fatally infected when nurses, physical therapists and doctors at the facility failed to ensure the man was turned from his back.

EJL

Downed Trees and Power Lines Can Cause Serious Accidents and Injuries

blog@www.hsinjurylaw.com (news Author)16812 — Fri, 06 Aug 2010 08:00:00 EST

A driver was killed after hitting a downed tree in Charleston, West Virginia (WV). This tragic accident is a reminder of just how important it is to be extremely vigilant after a bad storm hits your area. To learn more, check out this blog...

Bad Weather Means You Need to Watch for Downed Trees, Power Lines

Teens at risk for distracted driving

jlewis@hsinjurylaw.com (blog Author)36878 — Fri, 06 Aug 2010 08:00:00 EST

Many teens are engaging in distracted driving despite knowing the dangers and consequences of doing so, according to a survey conducted by AAA and Seventeen Magazine.

The survey reports that a whopping 86 percent of teens said they have engaged in distracted driving, with 84 percent admitting to knowing that distracted driving is dangerous.

The survey, which included 2,000 male and female drivers between in the ages of 16 and 19, showed teens engaged in several forms of distracted driving including applying make-up, eating, talking and texting on a cell phone and adjusting the radio, CD player or MP3 player.

The teens provided justifications for engaging in distracted driving. The survey reports that "41 percent think their action will only take a split second; 35 percent don't think they'll get hurt; 34 percent said they're used to multitasking; and 32 percent don't think that anything bad will happen to them."

From this survey, it is clear that many of our youth have not fully grasped how serious and hazardous distracted driving can be. When teens, or any drivers for that matter, are distracted at the wheel, they put both themselves and other drivers at risk. The National Highway Traffic Safety Administration (NHTSA) reports that 6,000 people lost their lives due to distracted or inattentive drivers in 2008. Further, over half a million people were injured due to distracted driver accidents in the same year.

These statistics alone should be enough to make teens put down the cell phone, food or make-up while driving. Unfortunately, it's not. As the survey notes, most teens know the risks and still allow distractions to get in the way of them driving. It is our responsibility-as parents, family members and friends-to continue to spread the word about the dangers of distracted driving. Doing so keeps our roads safer and can potentially save lives.

cl

DC Metro Cited for Failing to Ensure Workers' Safety in Wake of Fatal Track Maintenance Accident

blog@www.hsinjurylaw.com (blog Author)36760 — Thu, 05 Aug 2010 08:00:00 EST

The agency that operates the DC Metro systems has been cited for lax workplace safety by Maryland (MD) regulators. The citations stem from a January 2010 incident in which two Washington Metropolitan Area Transit Agency employees died when a maintenance truck backed over them while they were repairing light rail tracks near Metro's Rockville Red Line station.

According to WHSV-TV, the Maryland Occupational Safety and Health, or MOSH, charged WMATA with seeting the stage for the railroad injury by failing to provide lookouts for the killed workers, not ensuring the truck had a clear view to its rear, and allowing workers to use different radio frequencies on their communication devices. MOSH announced its findings from a joint investigation with the National Transportation Safety Board just four days after WMATA was cited by the NTSB for a range of maintenance and safety lapses that caused a fatal collision between commuter trains in June 2009. That crash killed nine people and injured more than 70 DC Metro employees and passengers.

WMATA has claimed the MOSH and NTSB findings are inaccurate. For its part, the light rail agency has issued a fact sheet to support its contention that it has been working consistently since last year to improve safety for employees and commuters along its tracks and in its stations. WMATA points in particular to a "rebuilt and expanded Safety Department" and an investment of "$200 million in federal and jurisdictional funding ... to make needed equipment and facility repairs."

While not all deadly accidents and railroad injuries can be prevented, there is no excuse for having as poor a track record on safety as the one WMATA has. I can only hope that the agency's efforts pay off. Improvements in equipment, operating procedures and long-range investments in safety have been long overdue. They certainly come too late to protect the passengers and workers who lost their lives or suffered serious injuries in the rash of DC Metro accidents that occurred in 2009 and early 2010.

EJL

Alleged Drunk Driver Hits 7 Vehicles in Virginia Beach, VA

blog@www.hsinjurylaw.com (blog Author)36771 — Thu, 05 Aug 2010 08:00:00 EST

An alleged drunk driver wreaked havoc on the roads of Virginia Beach the morning of August 3, 2010. He began his accident spree at the intersection of First Colonial Road and Old Donation Parkway hitting three cars, according to the Virginian-Pilot. He then wound up hitting four other vehicles further down First Colonial Rd.

Thankfully, no one suffered serious injuries, but there may be thousands of dollars worth of vehicle damage as a result of this reckless driver's behavior.

Unfortunately, many drunk driving accidents do not result in a fender bender. Many people get seriously hurt or lose their life in these wrecks. In fact, 316 people were killed and 6,256 people were injured in alcohol-related accidents last year in Virginia (VA).

This may seem like common sense to most drivers, but it bears repeating - do not drink and drive. Even if you "only feel buzzed" do not take the risk. The potential consequences are far too high.

Depending on how far your blood alcohol content was over the legal 0.08 limit, you could spend 5-10 days in jail, pay a minimum $250 fine, have your license suspended for one year, complete an alcohol safety action program, and may even be required to have an "ignition interlock device" installed in your car which requires you have your breath checked each time you start the car to ensure you are not intoxicated. Like I said, the convenience of driving home drunk is simply not worth these consequences.

And, on top of all this, your insurance company may either drop you or raise your rates so the financial impact of a bad decision will be felt for months and years.

BNSF Rail Worker Recieves $3.7 Million Jury Award

blog@www.hsinjurylaw.com (news Author)16757 — Wed, 04 Aug 2010 08:00:00 EST

A railroad engineer for Burlington Northern Santa Fe received a $3.7 million jury award after he was diagnosed with a chronic lung disease. He spent 30 years with BNSF and breathed in asbestos fibers, diesel fumes, and silicone dust. To learn more, read this blog:

Railroad Worker Stricken With Chronic Lung Disease Receives $3.7 Million Jury Award

Amtrak Train Slams Into Car at Private Rail Crossing in James City County, Virginia (VA), Killing Driver

blog@www.hsinjurylaw.com (blog Author)36390 — Mon, 02 Aug 2010 08:00:00 EST

A 79-year-old woman attempting to drive across railroad tracks in James City County, Virginia (VA), lost her life on July 31, 2010, when an Amtrak passenger train slammed into her car and pushed it nearly one-quarter of a mile down the tracks. Reports in the Daily Press note that the fatal accident occurred at a grade crossing on private property and that no gates or warning lights marked the crossing.

The train was traveling under the maximum speed limit, but the car's driver had only a stop sign and crossbuck alerting her to the presence of tracks; there was no definite warning that a train was rushing toward her. Neither state nor federal law requires trains to blow their whistles when passing through James City County.

The photo to the left, taken by county police, shows the aftermath of the accident. Lower on this page, you can see the intersection of tracks and pavement leading onto a privately owned piece of land. With some 90,000 such private grade crossings in the United States, tragedies like the one this past weekend outside of Williamsburg are likely to recur with depressing frequency.

Indeed, as a first step toward developing national guidelines or requirements for safely marking railroad track crossings and making it more difficult for cars, trucks and pedestrians to put themselves in the way of approaching trains, the Federal Railroad Administration determined that "there were still 2,746 collisions and 338 deaths at America's nearly 227,000 [public and private] grade crossings" in 2008.

The site of this past weekend's accident -- the 6900 block of Richmond Road in the town of Norge -- has apparently seen its share of close calls over the years. According to people living near the crossing, a car lost its rear bumper to a train a few weeks earlier, and several other minor accidents have occurred.

The only way to prevent injuries and deaths at grade crossings is to keep people in vehicles or on foot off railroad tracks. Rail operators and track owners should do everything they can to make it difficult for people NOT to know a train is coming. Whether that means installing automatic gates and flashing lights, instituting company rules about sounding whistles near intersections or putting some other measures in place, the important message to take from last weekend's deadly accident is that such efforts must be made.

EJL

Driver Killed in Train-Car Crash Near Williamsburg, VA

blog@www.hsinjurylaw.com (blog Author)36404 — Mon, 02 Aug 2010 08:00:00 EST

When a car and train collide in a rail crossing crash, the results can be devastating for the driver and/or passengers in the vehicle. This was illustrated recently when a Ford Focus at Hunts crossing in Norge, Virginia (VA) near Williamsburg was hit by an Amtrak train. The impact of the wreck was so severe that the driver of the car, Doris Antczak, died. The 135 passengers on the train were unharmed.

We don't know the exact details of what caused the car-train accident, but we do know that the Hunts rail crossing features stop signs, but no gates. This is the second train-car crash at this particular crossing in a month. We also know that the train was traveling 77 miles per hour, close to the maximum allowable speed of 79 miles per hour, according to wtop.com.

Important questions that need to be answered include whether or not the train gave adequate warning when approaching the rail crossing. Keep in mind, a train traveling 77 mph needs roughly one full mile to stop. Reports indicate the train applied their brakes, but could not stop in time, according to the Richmond Times-Dispatch.

My deepest sympathies go out to the Antczak family. Losing someone you love is never easy, but it is especially difficult when you lose them in a sudden accident. Unfortunately, many families are forced to grieve from this type of accident. Close to 250 people were killed in rail crossing wrecks last year, according to the Federal Railroad Administration.

Free Fall Ride at Wisconsin (WI) Amusement Park Malfunctions, Severely Injuring Girl

blog@www.hsinjurylaw.com (blog Author)36281 — Sun, 01 Aug 2010 08:00:00 EST

A net designed to catch thrill seekers dropping from a cage raised high on a ride called Terminal Velocity at Extreme World in the Wisconsin Dells failed to slow the descent of a 12-year-old girl. The unbroken 40-foot fall appears to have left the girl with severe head, brain and internal injuries.

This is how a ride on Terminal Velocity should go:

According to reports collected shortly after the accident, the net was set too close to the ground to stop the girl before she struck the ground. The first person to reach the girl and begin performing CPR told the Portage (WI) Daily Register, "There was a little girl on the ground. She wasn't breathing and didn't have a pulse. There was blood coming out of her nose, eyes and mouth."

The owners and operators of Extreme World are expressing their intent to do anything they can to help the girl recover. They have also pointed to the six-year spotless safety record and recent state inspection of the Terminal Velocity ride. The accident that occurred on July 30 seems to have resulted from improper operation of the ride -- setting the net too low -- rather than any problem with the ride's design or construction.

Injuries at amusement parks like the local Busch Gardens in Williamsburg and Kings Dominion outside of Richmond are thankfully rare. Problems at smaller or traveling carnivals, such as the breaking up of the Octopus at the Buchanan, Virginia (VA), fair in June 2009 are more common. And when accidents at amusement parks or carnivals do happen, they can be fatal. The summer of 2009 alone saw three Disney park workers lose their lives in monorail accidents and stunt errors.

Amusement park and carnival safety come down to the actions of managers, ride operators and the actors in the shows. As the accident at Extreme World in Wisconsin shows, it only takes one mistake to cause serious injuries. I join with everyone else in wishing the young girl a speedy and full recovery. I also hope that everyone involved in ensuring the safety of park and carnival attendees takes the accident as a reminder to redouble their efforts.

EJL

Tired Driver Causes Accident on I-95, Two People Killed

blog@www.hsinjurylaw.com (blog Author)36338 — Sun, 01 Aug 2010 08:00:00 EST

It's important to get where you're going, but do not force yourself to continue driving if you can't stay awake or operate your car properly. That message was illustrated by the tragic single-car accident on Interstate 95 (I-95) in Hanover County, Virginia (VA). The driver became "fatigued" and ran off the road hitting a tree, according to the starexponent.com.

The two backseat passengers were killed in the wreck while the at-fault driver and another passenger are receiving medical treatment at VCU Medical Center. Reports indicate the four people were on their way to attend a college graduation.

Police have charged the at-fault driver with reckless driving. Yes, drowsy driving is considered reckless and carries harsh penalties. This offense is a Class 1 misdemeanor, the same category as driving while under the influence (DUI). The punishment could be up to one year in jail, and/or up to $2,500 in fines. Your driver's license could also be suspended for up to six months.

The National Highway Traffic Safety Administration estimates that 100,000 car crashes are the direct result of drowsy drivers. This results in an estimated 1,550 car accident deaths and 71,000 serious injuries, according to drowsydriving.org. And these stats may not even tell the whole story since it is difficult to determine whether or not a car wreck was directly caused by drowsiness.

In order to avoid drowsy/sleepy driving, take frequent breaks on your trip. Don't try to make a 12 hour drive in a day without stopping. Be sure to get a good night's rest prior to trip so you are fully energized. People seem to forget that driving requires an active and engaged mind frame so being rested and taking necessary precautions throughout your journey is crucial to not join the statistics of drowsy driving car accidents.

D.C. Metro Escalators Causing Serious Injuries

blog@www.hsinjurylaw.com (blog Author)36293 — Sat, 31 Jul 2010 08:00:00 EST

Roughly 11 people per month have suffered injuries in D.C. Metro escalator accidents this year, according to the Washington Examiner. This is a jump from the roughly 8 injuries per month last year and 10 injuries per month in 2008.

A recent escalator accident was especially heart wrenching since it featured a four-year-old girl who fell and got her hand stuck in the escalator at the L'Efant Plaza Metro Station. The young girl suffered "severe hand injuries," according to the Washington Times.

What is the reason behind this sudden increase in Metro escalator accidents? No one can say for sure, but the fact that many of the escalators are just as old as Metro itself could play a role. In fact, Metro sources indicate that out of the 588 Metro escalators, 443 of them are over 25 years old. In addition, four of the seven manufacturers of these escalators are out of business which adds to the challenge of making dramatic re-designs and improvements to the current system.

Given the apparent upward trend of escalator injuries, it would make sense for Metro officials to perform a thorough overview of their escalator system and try to identify the escalators requiring extensive maintenance. Of course, this is extremely challenging with a bustling D.C. population that needs access to the escalators on a daily basis to get around town.

Would an in-depth repair be difficult? Of course; but something needs to be done to bend the curve of escalator accident injuries. One young child having their hand mangled by a Metro escalator is one too many.

DC Metro Cited for 'Lack of a Safety Culture' That Caused Fatal 2009 Train Crash

blog@www.hsinjurylaw.com (blog Author)36174 — Fri, 30 Jul 2010 08:00:00 EST

A year of investigations has confirmed that the failure of track sensors and automatic braking systems caused the June 2009 DC Metro crash in which nine people lost their lives and more than 70 crew members and passengers suffered serious injuries. In announcing their findings on July 27, 2010, federal investigators noted that the deadly collision between two Red Line trains in the Maryland (MD) suburbs of Washington, D.C., was just an accident waiting to happen.

The National Transportation Safety Board identified "a lack of a safety culture within" Metro's managing agency, the Washington Metropolitan Area Transit Administration, as the leading contributor to the light-rail accident. Some fault was also assigned to "ineffective safety oversight by the WMATA Board of Directors and the Tri-State Oversight Committee [as well as] the Federal Transit Administration's lack of statutory authority to provide federal safety oversight."

In short, as NTSB Chairwoman Deborah A.P. Hersman told reporters, "Metro was on a collision course long before this accident. ... Our report shows, this was not the first time Metro's safety system was compromised."

WMATA has pledged to upgrade its safety equipment and operating procedures. Despite such efforts, DC Metro has continued seeing fatal and near fatal incidents throughout its system of underground and aboveground rails since the summer of 2009. In the worst occurrence, two track workers died when a piece of machinery rolled over them inside a tunnel while they were performing maintenance.

I can only hope that WMATA takes the lessons from the NTSB investigation to heart and makes the changes to its equipment and procedures that are necessary to protect the lives and health of its employees and passengers. The situation in D.C. also has local relevance, as Norfolk's light-rail system, the Tide, is scheduled to begin operation next year. Commuters must be able to trust that they will be safe every time they take a ride on a subway car, bus or other form of public transportation.

EJL

Marked Crosswalks More Dangerous Than Simply Crossing the Street?

rappleton@hsinjurylaw.com (blog Author)36149 — Thu, 29 Jul 2010 08:00:00 EST

A 17-year-old girl was crossing the street at a marked crosswalk that had no traffic signal. A car drove along and hit the girl. She suffered serious injuries including severe brain damage and was left in a permanent vegetative state.

This crosswalk accident raised concerns over the safety of marked crosswalks (i.e. crosswalks with explicit markings to indicate you can cross the street). During the personal injury lawsuit brought forth on behalf of the brain damaged 17-year-old victim revealed a 1972 study which showed twice as many people suffered serious injuries while walking through marked crosswalks as opposed to unmarked crosswalks.

What is the reason for such a dramatic disparity? One potential reason is that people have a false sense of security when they walk through a marked crosswalk. They believe drivers should be just as aware as they are about the markings.

Unfortunately, this is not always the case. There are some marked crosswalks that do not have traffic signals or a stop sign. This means while you're crossing the street, some drivers may see the lack of signals and signs as a go-ahead to drive on through. This is a major safety risk at many intersections and far too many victims like the 17-year-old girl suffer horrific injuries because of this lack of oversight.

In the case of the seriously injured 17-year-old girl, the jury found the state 50 percent liable and the driver 30 percent liable, along with awarding the 17-year-old girl $12 million in damages. The jury found the state to have a higher share of the liability because they failed to even test the safety of the crosswalk at the intersection with the accident occurred.

Hopefully this jury award will send a signal to other state transportation agencies that they should thoroughly examine and study the safety of new intersections and marked crosswalks lacking any signals or stop signs. Taking the time to mark a crosswalk is important, but it cannot be the end of the task. Stop signs and/or signals must accompany the markings to help ensure pedestrians can safely cross our busy streets.

Virginia (VA) Firefighters Killed After Truck Rolls Over

blog@www.hsinjurylaw.com (blog Author)36015 — Wed, 28 Jul 2010 08:00:00 EST

In his latest post to the Virginia Trucking Accident/Injury Blog, my colleague Randy Appleton shares the sad news that two firefighters lost their lives while responding to an emergency call in Rocky Mount, Virginia (VA). The fatal rollover accident apparently occurred when the driver of an SUV clipped the fire truck as it passed through a Route 40 intersection with its siren and lights going. As Randy notes, firefighters, police officers, EMTs and other emergency responders should always have right of way and should not have to fear for their lives when traveling to where their services are required.

EJL

Surgeon's Negligence Found to Result in Botched Hysterectomy

jlewis@hsinjurylaw.com (blog Author)36017 — Wed, 28 Jul 2010 08:00:00 EST

In his latest post to VA & NC Medical Surgery Malpractice Attorneys Blog, my colleague Rick Shapiro applauds a Winchester, Virginia (VA), jury for recognizing how a surgeon's negligence harmed a woman who had gone into the hospital for a supposedly routine hysterectomy. Rick notes that patients suffer greatly when surgeons make mistakes.

EJL

Chemically-Induced Rail Worker Wins $1.28 Million Jury Award

blog@www.hsinjurylaw.com (news Author)16545 — Tue, 27 Jul 2010 08:00:00 EST

A brakeman who extinguished an engine fire suffered chemically-induced asthma and sinusitis due to his exposure to the toxic diesel fumes. He filed a FELA lawsuit and the railroad, Union Pacific, dragged the case out and took it to trial. Learn the outcome here:

Brakeman Suffers Chemically Induced Asthma After Just One Exposure to Diesel/Toxic Fumes

Restaurant Accident Leads to Traumatic Brain Injury

blog@www.hsinjurylaw.com (blog Author)35894 — Tue, 27 Jul 2010 08:00:00 EST

While enjoying a quaint dinner with a friend, a 46-year-old construction worker received a startling surprise when a four-pound ornamental clay bell fell two feet, hitting the construction worker on the head. On the surface, this appeared to be a random accident; just a weird occurrence.

After being struck by the ornament, the worker felt no direct side effects and did not lose consciousness. He appeared to be fine. However, the worker slowly started to notice symptoms of a concussion for three days. It got so bad that the worker eventually decided to visit the emergency room.

While at the hospital, doctors determined that the worker suffered a brain injury resulting in post-concussion syndrome and memory loss. Think about that - memories this worker may have held dear are now gone forever because of this accident. His life was changed forever.

The worker filed a lawsuit against the restaurant and it was discovered the ornament was held up by a weak hemp twine. This twine was determined to be unsafe and not rated for any particular load. A jury agreed that the weak twine played a role in the ornament falling from the ceiling and the worker received $1.2 million in damages, according to allbusiness.com.

This case goes to show that what may appear to just be a random accident on the surface could actually be a case where a party was negligent.

Space Between Cars and Trucks Can Mean Difference Between Getting Home Safe and Getting Into a Wreck

blog@www.hsinjurylaw.com (blog Author)35898 — Tue, 27 Jul 2010 08:00:00 EST

Isn't it the stereotype that all big trucks or 18-wheelers think they own the road? I'm sure many of you have seen it. There are just some trucks that seem like they're way too close to you, and you actually may be right.

According to the Virginia's Commercial Driver's Manual, there are certain guidelines for truck drivers to follow in order to manage the space ahead, behind, to the sides, for turns, overhead, and to cross/enter traffic.

Given that it's easier for a small car like a Ford Focus to brake quicker than a Hostess Delivery Truck, large vehicles are to maintain at least one second distance for each 10 feet of vehicle length.

For example, if you're driving a 40-foot vehicle at about 40 mph, then you should have 4 seconds in between you and the car ahead of you.

With this in mind, next time you are driving down Interstate 64 (I-64), I-264, or I-664 and you see a large truck following to close to you in the rearview mirror, you'll know that they're not following the rules of the road.

Unfortunately, many truckers disregard the law in favor of getting their haul to its destination faster. This creates a tension on the road between cars and large commercial trucks that sometimes leads to serious car-truck wrecks.

If you've been the victim of a crash involving a large truck and suspect it was due to the truck following too closely, consult with an attorney right away. Commercial trucks are subject to federal guidelines and an attorney can help determine whether or not the truck driver violated these regulations in your accident.

To learn more, check out our free consumer guide on what to do if you get seriously hurt in a truck accident.

District Metro Tightens Security After Imposter Driver Slams Bus Into Tree

blog@www.hsinjurylaw.com (blog Author)35939 — Tue, 27 Jul 2010 08:00:00 EST

Washington Metro officials are reviewing their security policies after a teenager snuck onto a bus and drove it into a tree on July 9, according to a story in the Washington Post.

It’s the latest scandal in a year of public scrutiny of the Washington Metropolitan Area Transit Authority that began when two trains collided June 22, 2009, killing four and injuring dozens.

On Friday, Metro officials say 19-year-old William Jackson dressed in a standard-issue bus driver’s uniform and went through security pretending to be the driver for the B2 route, which goes from Bladensburg Road to Nicosia in the District of Columbia (DC).

The ride ended four miles later when Jackson crashed the bus into a tree and several cars, metro officials said. There were no immediate serious injuries reported to the passengers in the bus accident.

Jackson initially fled the accident scene, but was arrested a short time later and charged with unauthorized use of a vehicle and fleeing an accident.

Now Metro officials are trying to determine how Jackson got past security guards and onto the bus. They are also beefing up security at Metrobus facilities and increasing security checks of personnel entering and leaving the stations, the story said.

Stricter Metro safety procedures is key to giving riders a worry-free commute and our firm stands committed to making sure riders’ rights are protected. Even with experienced bus drivers, careless acts have been the cause of serious bus accidents and the last thing anyone needs is for an imposter bus driver to wreck a bus.

Drop-Side Crib Ban Proposed as Safety Recalls Continue

blog@www.hsinjurylaw.com (blog Author)35786 — Mon, 26 Jul 2010 08:00:00 EST

Two weeks ago, the U.S. Consumer Product Safety Commission issued an alert titled "Pottery Barn Kids Recalls to Repair Drop-Side Cribs Due to Entrapment, Suffocation and Fall Hazards." It marked at least the third time in the past year that the agency worked with a manufacturer to get potentially dangerous drop-side cribs fixed or out of families' homes altogether.

Fortunately, only minor injuries have been reported by parents and caregivers who placed their babies in the recalled Pottery Barn cribs. Deaths and brain injuries have occurred when babies have fallen out of, or been trapped between the mattress and slats of, other poorly designed cribs.

The Pottery Barn recall -- about which you can get more information here -- came on the same day that the CPSC issued a proposed federal standard for cribs that would ban the sale of models with sides that drop down. The agency is following the lead of independent engineering standards setters who called for a ban on drop-side cribs in the winter of 2010.

Infants and toddlers cannot protect themselves, and some bumps and bruises are inevitable. But the most vulnerable members of our society should never be placed at unnecessary risk by the products parents and caregivers rely upon to keep their children safe. I applaud the efforts to get and keep drop-side cribs off the market.

EJL

Hurricane Preparedness Tips

blog@www.hsinjurylaw.com (blog Author)35778 — Sun, 25 Jul 2010 08:00:00 EST

In his latest post to the Virginia Beach Injuryboard, my colleague John Cooper urges readers throughout Hampton Roads to prepare for a hurricane. Remembering Isabel and the 2009 nor'easter that left Virginia Beach, Norfolk, Chesapeake, Hampton Newport News residents wet, windblown and worse, John advises everyone to plan ahead to prevent injuries and damage to themselves, their families, their pets and their property.

EJL

Families Losing Loved Ones Due to "Second Hand" Exposure to Asbestos

blog@www.hsinjurylaw.com (news Author)16457 — Sat, 24 Jul 2010 08:00:00 EST

A growing number of family members who were exposed to asbestos from their father or mother's clothing are suffering from mesothelioma cancer. This is being described as "second hand" "bystander" and "off-site" exposure, and has affected railroad and other industrial worker families. Regardless of the title, people are dying because of exposure to these lethal microscopic asbestos fibers. To learn more, read this article:

Second-Hand "Bystander" Asbestos Exposure Can Have Deadly Cancer Consequences for Family Members

Two Teenagers in Hospital after Accident with Distracted Coal Truck Driver

blog@www.hsinjurylaw.com (blog Author)35754 — Sat, 24 Jul 2010 08:00:00 EST

No one disputes distracted driving is extremely dangerous, but it is downright hazardous when you're operating a coal truck. Unfortunately, a 26-year-old coal truck driver in Charleston, West Virginia (WV) apparently threw caution to the wind, took his eyes off the road and wound up hitting a Chevy Trailblazer on W.Va. 61 near Beards Fork.

There were two 19-year-olds in the Blazer and both are now in the hospital receiving treatment for their injuries. One of the victims is in critical condition, according to the West Virginia Gazette.

Reports indicate that a cell phone was not the distraction for the coal truck driver. This accident illustrates the fact that distracted driving comes in many forms, not just by texting and driving or talking on your phone. If you fiddle with the radio for too long or try to type in directions on your GPS system, you are a distracted driver. The point is that you should not take your eyes off the road.

"If you take your attention off the road for even an instant, the results can be tragic," said Sheriff Steve W. Kessler.

We wholeheartedly agree.

To learn more about the safety risks associated with various forms of distracted driving, download this free consumer report.

Virginia Study: Traumatic Brain Injury Victims Suffer From Low Melatonin

jlewis@hsinjurylaw.com (blog Author)35473 — Fri, 23 Jul 2010 08:00:00 EST

A new study conducted recently has found that past victims of traumatic brain injuries have lower levels of melatonin – an issue that could disturb patients’ sleep for years to come.

Published in the American Academy of Neurology, the study followed about 50 people – half of which had recently suffered a traumatic brain injury and half of which had never experienced head trauma. Researchers found that those who had suffered from a traumatic brain injury over one year ago produce less that normal levels of the sleep hormone melatonin and that they on average spent less time in REM sleep – the type of sleep that is considered “restful.”

What does this mean for head injury victims in Virginia? It means that your quality of life might be affected at the time of your brain injury – and that sleep issues in the wake of your accidents could be related to TBI.

Paid Medical Malpractice Claims in North Carolina (NC) Second-Highest in Region

blog@www.hsinjurylaw.com (blog Author)35654 — Fri, 23 Jul 2010 08:00:00 EST

The latest statistics on medical malpractice claims paid -- meaning the lawsuit or complaint had some merit -- show that the Tar Heel State had the second highest number of any state in our region. Here is the breakdown from the Kaiser Foundation:

Maryland (MD) -- 170
North Carolina (NC) -- 146
South Carolina (SC) -- 135
Virginia (VA) -- 112
Washington, DC -- 26
West Virginia (WV) -- 77

These statistics do not mean that doctors, nurses and other health care providers in North Carolina are worse than those in any other state. In fact, North Carolina accounted for only 1.3 percent of the paid malpractice claims in the United States during 2008.

What the statistics do show is that patients do suffer injuries at the hands of the people they most trust to keep them safe and healthy. And, thankfully, when such injuries occur, the patients receive compensation for their pain, suffering and other losses.

My colleagues and I work every day with victims of medical malpractice and their families. We know firsthand how hard it is to recover from any medical error or act of medical negligence. We also know that while no health care provider sets out to make a mistake, responsible parties need to be held accountable when mistakes do happen.

EJL

7-Year-Old Causes Virginia Boat Accident That Kills Ones, Injures Othe

blog@www.hsinjurylaw.com (news Author)16368 — Thu, 22 Jul 2010 08:00:00 EST

Virginia Police are unsure whether or not charges will follow a fatal boat crash that occurred on the Hampton River last week. The boat was being driven by a seven-year-old at the time of the deadly boat accident.

According to the North Carolina Daily Press and the Virginia Marine Police, the boat accident occurred on Sunday evening when the boy, his mother, his grandmother, and two other people were aboard a 20-foot boat. With the young boy behind the wheel, he suddenly steered the boat into a pier, crashing the vessel and throwing his mother, 35-year-old Elizabeth Elliott, through the windshield of the boat. She died of blunt force trauma to her head and chest though emergency workers rushed her to Riverside Regional Medical Center.

While there are no laws regarding how old you must be to operate a boat in Virginia, police are considering charging whoever let the boy take the wheel with reckless boating. The boating party was headed home after a day on the river at around 6 in the evening when an adult briefly handed the boat over to the little boy.

In another Virginia boating accident, 24-year-old Amanda Brady of Richmond was killed when a 25-foot boat carrying ten people crashed into a channel marker on the Rappahannock River in Middlesex County. In that boating accident, two other people were also critically injured. It is unclear why that boating accident occurred or whether speed or alcohol were factors in the crash.

Proving Your Cancer was Caused by Diesel Exhaust Fume Exposure

blog@www.hsinjurylaw.com (news Author)16401 — Thu, 22 Jul 2010 08:00:00 EST

If you've been diagnosed with lung cancer or some other disease after working for years at a railroad and were exposed to diesel exhaust fumes, read this article...

How to Prove Your Cancer was caused by Exposure to Diesel Exhaust Fumes

My colleague Rick Shapiro wrote the article for current anf former rail workers who breathed in these hazardous exhaust fumes when it is against the law for "products of combustion" to be released or leak inside a locomotive cab.

Psychiatric Hospitals Must Protect Patients

blog@www.hsinjurylaw.com (blog Author)35578 — Thu, 22 Jul 2010 08:00:00 EST

After a fight broke out in a ward at Holly Hill Hospital in Raleigh, North Carolina (NC), in mid-April, federal investigators cited the psychiatric hospital for maintaining "conditions ... so deficient that the safety of patients is considered to be under ongoing threat." Staff responding to the melee, which lasted nearly an hour and took eight police officers to break up, also faced serious risks of injury and even death.

Reports of patient abuse at psychiatric hospitals make headlines regularly. And, certainly, people with mental illness require every protection. A little less than a year ago from when I'm writing this post, a patient with psychiatric disease was found dead of a suspected medication error in the Coastal Plain mental facility in Rocky Mount, NC.

The doctors, nurses, pharmacist and everyone else who takes responsibility for providing the care and services psychiatric patients must also be kept from harm, however. Unsafe conditions in a hospital are unsafe for everyone in the hospital. Security is a particular concern. A failure to provide security in the face of known prior incidents can be a basis of legal liability for a nursing home or clinic.

Patients who suffer mental illness are particularly vulnerable to risks when a nurse "goes rogue" and fails to provide the medication prescribed due to their own drug abuse, or when an incompetent nurse fails to provide basic, mandated care. Also, such cases are hard to catch and prove, as the incompetent nurse may hide behind the lack of mental competence of the patient. These cases are very challenging, but in the right factual circumstances, an experienced injury attorney can gather the proof needed to prevail on a neglect claim.

EJL

Watch Out for Worn Tires

rappleton@hsinjurylaw.com (blog Author)35606 — Thu, 22 Jul 2010 08:00:00 EST

Check the oil, check the engine, make sure the transmission is okay; these are some of the most common issues vehicle owners focus on when maintaining their cars, trucks, and SUVs.

But what about the tires? Many of us routinely overlook their condition and upkeep because worn tires aren't immediately noticeable. If there is a problem with your transmission, you'll notice it real quick. The same goes with your engine. Tires are trickier since you may not notice an underinflated or worn out tire until it is too late.

A prime example is a recent car wreck that took the lives of a young couple and two children in Mineral Wells, West Virginia (WV). The car they were in reportedly had worn tires and when they made a turn around a sharp bend, the vehicle suddenly crossed into the other lane and slammed into another vehicle, according to the West Virginia Gazette. The couple and their children died at the scene of the crash.

There's a good chance the young couple had no idea their car was operating on worn tires. Again, it's an issue you may not notice until you encounter a sharp turn or fail to stop immediately on slick roads.

Every time you take your car in to get an oil change or maintenance, request you have your tires inspected. Many repair and oil change shops will do this inspection for a nominal fee, while others may check for free. You should also check your tire pressure at least once a month.

These check-ups may seem like a hassle, especially if you think your tires are in tip-top condition, but a routine check of your tires could mean the difference between getting home safe or winding up in a serious car wreck.

West Virginia Doctors: NFL Player Chris Henry Had Brain Damage

blog@www.hsinjurylaw.com (news Author)16367 — Wed, 21 Jul 2010 08:00:00 EST

After his tragic death in a car accident last winter, West Virginia doctors have examined the brain of pro football player Chris Henry – and found evidence of head trauma that may be of serious concern to other professional athletes and football players.

In December of 2009, Henry and his girlfriend got into an argument and the former Bangals player jumped into the bed of her truck as she drove away. As the argument continued, Henry fell from the truck and died of his car accident injuries.

Months later, scientists and doctors at the Brain Injury Research Center at West Virginia University have concluded a study of the athlete’s brain. To their surprise, Henry, who was just 26 years old at the time of his death, show clear signs of chronic traumatic encephalopathy (CTE), probably caused by his years of playing football and receiving tackles. The results were especially surprising considering Henry’s age and the fact that he was not a lineman known for taking a large number of hard hits during the game.

In recent years, the NFL has taken steps to research traumatic brain injuries in their players and to educate team leaders and physicians on how player head injuries should be managed and treated. However, many say that they are not doing enough to protect today’s players – who are still getting bigger and stronger with each passing season. Especially since players are apt to hide injuries and play down head trauma to keep playing and keep making money, the NFL still needs to increase its education and awareness plan.

Medical Malpractice Damage Cap Arbitrarily Reduces Victim's Jury Award

blog@www.hsinjurylaw.com (news Author)16383 — Wed, 21 Jul 2010 08:00:00 EST

A jury awarded a victim of medical malpractice who had her vagina stitched to her rectum $3 million for pain and suffering, lost wages, and medical expenses. Unfortunately, Virginia (VA) employs a malpractice "damage cap" that can arbitrarily reduce jury awards and the victim saw her award cut down to $1.925 million. Learn why these damage caps are ineffective and nonsensical by reading this article...

Victim's Jury Award Reduced to Comply with Medical Malpractice Damage Cap

Drug Error Prevention May Be Lacking in Hospitals, Nursing Homes

blog@www.hsinjurylaw.com (blog Author)35498 — Wed, 21 Jul 2010 08:00:00 EST

Inadequate licensing oversight of nurses may be putting patients in North Carolina (NC), Virginia (VA) and throughout the United States at risk for serious medication errors and other lapses in health care. An investigation by USA Today and ProPublica found several instances of drug addicted nurses moving easily from or to hospitals in North Carolina. In at least one case "a parent complained that [an addicted nurse] was falling asleep while attempting to insert an IV in her child. A hospital review found that he signed out the painkiller Demerol on dozens of occasions without a physician's order."

Impaired, undertrained or simply inattentive nurses are not the only health care providers endangering patients. Statistics published in 2006 show that over a nine-month period, 9,272 medication errors occurred in North Carolina nursing homes. Not every potentially harmful prescription actually reached a patient, but prescribing and administration errors involved hydrocodone, fentanyl and lorazepam.

The issue of medication errors takes on greater significance during July, when often-inexperienced new staff come on board in hospital, nursing homes, walk-in clinics and neighborhood pharmacies have fewer people working.

My colleagues and I have seen time and time again how the wrong drug for the wrong patient can lead to loss of life or irreversible injury. Every member of a family--and society in general--depends on skilled, competent nursing care, and it is inexcusable when a facility fails to monitor a nurse and ensure that each nurse is competent, much less showing warning signs of personal prescription drug abuse.

EJL

How Dangerous is a Surgical Needle When Left in the Human Body?

jlewis@hsinjurylaw.com (blog Author)35524 — Wed, 21 Jul 2010 08:00:00 EST

The answer is very dangerous. Having any foreign object left inside your body after a medical procedure is dangerous and can seriously injure you, but a needle is especially hazardous since it is a sharp object that could puncture and/or tear a vital organ or tissue.

The number of patients who are injured by surgical tools such as sponges, clamps, and scalpels left inside their body after surgery is disturbingly high. A study conducted by the Brigham and Women's Hospital and Harvard School of Public Health found that 1,500 patients are the victims of this type of surgical error every year. To put that number into perspective, 1,500 patients breaks down to about four victims every day.

One of the most common side effects people suffer when a surgical instrument is left inside them is sepsis, which is a serious bacterial infection of the blood stream. Treating this injury requires hospitalization and weeks of medical treatment.

Having a needle left inside your body after surgery is a prime example of medical negligence. It would be very difficult for a surgeon or medical professional to conjure up a reasonable argument justifying such an action.

Our firm has experience handling this type of medical malpractice. For example, we represented a woman in Richmond, Virginia (VA) who had a hysterectomy and later discovered a surgical sponge was left inside her body (she didn't find this out until six months after the surgical procedure). This created a fistula in her bowel which required a subsequent bowel resection surgery. Fortunately, we were able to reach a successful settlement to help her with medical bills, lost wages, and pain and suffering.

This case highlights the pain and suffering victims of this type of malpractice go through - multiple surgeries, extensive (and usually expensive) treatment, and the loss of trust between you and your doctor/surgeon who committed the egregious error. If you or a loved one suffered serious injuries due to a needle, or other surgical tool, left inside your body, consult with a lawyer right away.

Navy SEAL Dies In Virginia Parachuting Accident

blog@www.hsinjurylaw.com (news Author)16366 — Tue, 20 Jul 2010 08:00:00 EST

According to the Associated Press, a Navy SEAL was killed in a rare parachuting accident in Virginia last week during what might have been a “base jump” – when jumpers use a cliff or tower to gain altitude before jumping.

Multiple reports say that 30-year-old Tyler Stimson, a resident of Virginia Beach and a Navy SEAL who had served several deployments in Iraq and Afghanistan, probably became tangled in his shoot as he jumped from a 260-foot tower near his base in Virginia. The base jump was from a cell phone towner in Suffolk near Route 10 and Harrell Drive. The parachuting jump was not related to a Navy operation or drill.

A Suffolk 911 call released by police regarding the parachute death revealed that the friend that Stimson was with seemed in shock or possibly unaware of where the tower was located. By the time rescue workers found the man, he had died of his injuries. He was pronounced dead at the scene of the accident. Police charged Stimson’s friend with trespassing on private land.

During his combat service, he received several awards and commendations for his contribution to his country. Stimson’s Facebook page revealed his love for extreme sports as well as pictures and footage of someone jumping from similar cell phone towers in the area. Reports say that Stimson slipped while jumping, causing the chute to wrap around his legs. Parachuting experts say that base jumping is considerably more dangerous than skydiving, in which jumpers are several thousand feet off of the ground and supported by two parachutes.

Client-Focused Approach to Personal Injury Law

blog@www.hsinjurylaw.com (news Author)16300 — Sun, 18 Jul 2010 08:00:00 EST

Our Virginia Beach personal injury law firm is focused on putting the client's needs first. We don't want you to feel overwhelmed or surprised by any aspect of the injury claims process. That's why we published an article featuring a break down of the common steps in personal injury litigation. To learn more, read the article:

Our Firm's Client-First Approach to Handling a Personal Injury Case

Effexor May Lead to Increased Risk of Miscarriage

blog@www.hsinjurylaw.com (blog Author)34962 — Mon, 12 Jul 2010 08:00:00 EST

A study conducted at the University of Montreal discovered that the risk of miscarriage nearly doubled when women were taking the antidepressant Effexor, according to salient-news.com. This is a prescription medication aimed to treat major depression and anxiety.

Other studies linked Effexor to a heightened risk of birth defects such as congenital heart defects and persistent pulmonary hypertension of the newborn. Developmental delays, problems with the central nervous system, and a higher rate of behavioral disorders are other potential side effects newborns suffer when the mother has been on Effexor.

It is easy to talk about what Effexor can do women, but the heartache and agony that comes with losing a child is most accurately expressed by the victims. Take, for example, a young woman who posted her tragic story on dailystrength.org:

"I am 23 and I had my first miscarriage in Dec. I was 6-7 weeks. My last one was July 25th 2007 (my mothers Birthday)& I was 3 months, the doctor said the baby was the size of an 8 week old. I had to have a D&C it was very scary for my husband & I.

The pain & sadness we have been going through over the loss of our 2 babies is so intense. My Husband wants to move on & try again but I feel so scared, I don't think I could handle going through this again. The hardest part about this is we are left with no answers, in Ontario you have to have 3 in a row before they do any testing! I really want to know what is going on with my own body!

We do have a 3 year old girl who has truly been our light in this dark time. Having the miscarriages has really made me appreciate what a gift from God a child is. & how amazing it is we are trusted with their little lives to mould.

I was on Effexor and I just wanted to know if any other woman have had problems while being pregnant & on this drug?"

This is what so many women are struggling with. The frustration of not knowing what is going on with your own body and if the loss of your child could have been prevented. It is unacceptable for drug companies to manufacture these dangerous medications without fully understanding the potential side effects. If you have lost a child in a miscarriage or suffered side effects while taking Effexor, consult with an attorney immediately to discuss your legal options.

Attorney Presents FELA/Railroad Legal Issues at AAJ Summer Conference

blog@www.hsinjurylaw.com (news Author)16106 — Sat, 10 Jul 2010 08:00:00 EST

Firm attorney Rick Shapiro was invited to be a presenter/speaker/panelist at the American Association for Justice Annual Convention (July 2010). He focused on occupational carcinogens like asbestos, diesel fumes, and other hazardous substances in railroad injury cases. Rick is a published author on railroad health and safety issues such as co-authoring "Railroad Health and Safety; A Litigator's Guide," published at 72 Am. Jur. Trials 1, and the "Railroad Worker's FELA Rights" book. Rick has handled numerous cases involving railroad workers stricken with occupational diseases like mesothelioma over his 20+ years of legal experience.

Rick is well known to the AAJ. He has spoken at their annual convention on three prior occasions. These conventions, held over a five-day period, feature education programs for plaintiff lawyers with a national focus including best practices and strategies for various types of civil litigation. The convention allows attorneys to return to their practices reenergized and better able to represent their clients.

The AAJ is the world's largest trial bar providing trial attorneys with information, professional support and a nationwide network that enables them to most effectively and expertly represent clients. The AAJ promotes justice and fairness for injured people and advocates for safeguarding victims' rights, particularly the right to trial by jury, and strengthens the civil justice system through education and disclosure of information vital to public health and safety.

Our firm is proud to be a member of this organization.

Deadliest Railroad Crossings Must Be Improved, Feds Order

blog@www.hsinjurylaw.com (blog Author)34785 — Fri, 09 Jul 2010 08:00:00 EST

Federal regulators have given the 10 states with the highest number of crashes between trains and cars, trucks, buses, vans and motorcycles at railroad crossings a year to put together and start implementing plans to improve crossing safety. According to the Federal Railroad Administration, which issued the new safety rule, 1,905 crossing accidents occurred in the United States during 2009; 245 of those proved fatal to a person in the vehicle hit by the train.

The majority of those crashes happened in Alabama (AL), California (CA), Florida (FL), Georgia (GA), Illinois (IL), Indiana IN), Iowa (IA), Louisiana (LA), Ohio (OH) and Texas (TX). While some involved drivers who ignored warnings to stop for an oncoming train, a large number also occurred at places where tracks crossed roads and highways that did not have pavement markings, stop signs, red lights or gates warning drivers about the danger.

The FRA has not mandated any specific changes states need to make to ensure drivers and train crews can share roadways more safely, but the agency will work with state officials and rail industry representatives to develop solutions. The FRA is also offering grants for the repair and upgrading of crossings.

My colleagues and I have long advocated for safe rail crossings. This means removing visual obstructions like trees and bushes around track intersections, as well as installing and maintaining red lights and gates. If the states targeted by the federal order fail to do these things, they stand to loose money the FRA awards for the operation of freight and passenger rail. I hope the financial threat will spur those responsible for track safety to do the right thing.

EJL

Two Boat Accidents in Virginia Lead to Loss of Life, Serious Injuries

jlewis@hsinjurylaw.com (blog Author)34851 — Fri, 09 Jul 2010 08:00:00 EST

Boating is one of the most common summer activities in and around Virginia (VA). Friends and family get together to enjoy the summer weather and this is never more evident than on the July Fourth holiday. Unfortunately, when boating activities increase in VA waters, so do the number of boating accidents. In fact, the U.S. Coast Guard reports that July has the highest number of boat wrecks and accidents compared to the rest of the year. Over the 2010 July Fourth weekend in VA, two boat accidents resulted in serious injuries and a tragic loss of life.

A 25-foot watercraft slammed into a piling in the Rappahannock River near Water View, VA leading to 11 serious injuries and one missing woman, according to Coast Guard News. The operator of the vessel and an 11-year-old boy got hurt so bad they were placed in critical condition when rushed to the hospital, according to the Daily Press.

The other boat accident involved a 20-foot Bayliner where a 7-year-old boy was allowed to steer the boat causing the vessel to enter a narrow pier. Upon entrance to the pier, the boy's mother was hit by the pier and thrown face-first into the boat's windshield. She died due to the severity of her injuries.

These terrible accidents highlight the risks associated with boating. A momentary lapse of judgment or sudden collision with something in the water can have life-altering consequences.

743 Car Wrecks Occurred Over July Fourth Weekend in Virginia

blog@www.hsinjurylaw.com (news Author)16020 — Wed, 07 Jul 2010 08:00:00 EST

Approximately 743 car accidents occurred over July Fourth weekend in Virginia (VA) leading to five lives lost. These car crash deaths occurred in Suffolk, Accomack County, Fairfax County, Rockingham County, and Nottoway County. To learn more, read this article:

July Fourth Weekend Results in 743 Car Crashes, Five Deaths in Virginia

Best of Intentions Caused Tragic Boat Accident in Hampton, VA

blog@www.hsinjurylaw.com (blog Author)34715 — Wed, 07 Jul 2010 08:00:00 EST

A family and some friends were out on a 20-foot Bayliner boat in Hampton, Virginia (VA) on July Fourth enjoying the beautiful summer weather when a horrific accident occurred. The individual operating the boat let a 7-year-old boy take control of the helm. The boy abruptly turned the boat into a narrow pier on the Hampton River. This caused the boy's mother, who was sitting on the bow, to be struck by the pier and then thrown face-first through the boat's windshield. She died due to the severity of the injuries, according to the Daily Press.

This boat accident is heartbreaking because it appears as though it was caused by the best of intentions. The person operating the boat was probably trying to give the young boy an experience he'd always remember on the Fourth of July. There doesn't appear to be any malice behind the action, just an attempt to make a family outing more memorable. Unfortunately, the boy will certainly remember this day for the rest of his life, but for all the wrong reasons.

I'm not trying to give the individual who operated the boat a free pass for allowing the boy to control the helm. This decision was irresponsible, but I do understand the likely motivation behind it.

State authorities are trying to figure out if reckless boating charges should be brought against the adult who was operating the boat. VA law does not allow individuals under the age of 16 to operate a personal watercraft without having taken a boating safety course, but there may be no criminal law on the books for this exact situation. However, the civil law system will probably make the insurance company pay for the wrongful death damages for this preventable loss of life.

Let this terrible boat accident be a reminder to all of us that the operation of a boat is a serious task and it should be left to adults who have some type of training and/or experience. You may be tempted to give your child or novice boater the thrill of controlling the helm of a boat, but this decision could lead to tragedy.

Pilot Killed in Chesapeake Airplane Crash

jlewis@hsinjurylaw.com (blog Author)34724 — Wed, 07 Jul 2010 08:00:00 EST

A 51-year-old pilot was enjoying some time in the sky in his Cessna 172P Skyhawk II airplane when his life came to a sudden, tragic end. He was roughly five miles away from Chesapeake Regional Airport when something happened to cause the plane to malfunction. The pilot contacted the FAA to report engine problems, but it was too late. The plane crashed causing the pilot's death, according to msnbc.com.

Given the extent of the damage, it would have been virtually impossible for someone to survive the wreck. "It's torn all to pieces," said Bill Stuart, who saw what was left of the plane after the accident. "It's wrecked real bad. It looks like a pretzel."

Here is a news report on the Chesapeake airplane crash...

We don't know what exactly caused the plane to crash or the specific problem in the engine. It is important we get these details fleshed out since the Cessna Skyhawk is one of the most common airplane models flown by civilian pilots and if there is a systemic issue, it needs to be addressed as soon as possible. Ironically, the Cessna Aircraft Company describes the Skyhawk as the safest general aviation aircraft ever built on their web site.

My deepest sympathies go out to the pilot's family. As someone who also enjoys taking to the sky in small airplanes, I am always saddened to hear about fellow pilots who lose their life in these terrible accidents.

Teen Killed in Collision With Union Pacific Train at 'Unprotected Crossing' in Oklahoma (OK)

blog@www.hsinjurylaw.com (blog Author)34644 — Tue, 06 Jul 2010 08:00:00 EST

A Texas (TX) teen considering basketball scholarships from the likes of NCAA Division 1 power Baylor University and Norfolk's own overachiever Old Dominion University lost his life over the Fourth of July weekend when the family car he was driving was struck by a Union Pacific train in Duncan, Oklahoma (OK).

According to reports of the accident in the Dallas Morning News, the young man was visiting his grandmother and returning from an errand during the early evening of July 3, 2010. The accident occurred at an "unprotected crossing," meaning the owner of the railway had not set up red lights, stop signs or gates to alert drivers to stop and let an approaching train move through the intersection with the road.

On the day following the fatal collision, the teen's father told a reporter,

They're going to get some freaking lights up or guard rail up at that spot so no one else has to go through what my wife and I are going through now. Right now, I have some anger and a lot of questions why. I hate that my son has to be the guy who gets it turned around. We're just trying to deal with it the best we can. ...

It wasn't like he was going around the guard rail or trying to beat the train. They said he was driving up and he had slowed down before he proceeded on. It sounds like he didn't see or hear the train and it hit him. It was just a freak accident that happened, just tragic.

Tragic, yes. But this deadly grade crossing accident was no freak occurrence. The National Committee on Uniform Traffic Laws and Ordinances notes that "approximately 4,000 times per year, a collision occurs between a train and highway vehicle at one of this country's 262,000 public and private highway-rail grade crossings." More than half of the grade crossings are as unprotected as the one in Duncan, OK.

Neither the federal government nor any states require all rail owners and railroad companies to install stop signals and barriers at train crossings. Indeed, freight haulers such as Norfolk Southern, CSX and Burlington Northern Santa Fe often complain that installing, maintaining and operating warning signals and barriers at grade crossings is too expensive -- putting profits above human lives.

My thoughts go out to the family of the young athlete who died to soon. I can only hope that rail executives feel similarly moved and act to make every grade crossing as safe as possible.

EJL

Norfolk Southern Train Rolls Over, Kills Conductor

blog@www.hsinjurylaw.com (blog Author)34645 — Tue, 06 Jul 2010 08:00:00 EST

In his latest post to our firm's Railroad Accident/FELA Lawyers Blog, my colleague Randy Appleton calls attention to a recent accident in which a conductor for Norfolk Southern died after getting run over by one of the company's trains while he was helping switch the train from one track to another. Randy further notes 16 U.S. rail workers died in on-the-job accidents during 2009 and that freight railroad companies such as NS, CSX and BNSF must make keeping their employees safe their to priority.

EJL

Passenger Killed After Speeding Driver Hit Parked Van, Tree

blog@www.hsinjurylaw.com (blog Author)34646 — Tue, 06 Jul 2010 08:00:00 EST

When you speed, you are not just putting your life at risk. Claudia Cabrera Quiroz was the passenger in a Chevy Malibu that was being driven at a high rate of speed. The driver wound up slamming into a parked van on Fulton Street in Elkhart, Virginia (VA) and then hit a tree, according to wndu.com. This force of collision wound up splitting the car in two.

Mrs. Quiroz, originally from Alexandria, VA was killed while the driver survived. Mrs. Quiroz was only 36 years old.

In 2009, 302 people were killed and over 15,000 people were seriously injured in car wrecks involving a speeding driver. On average, two people in Virginia die every day in car crashes, according to the VA DMV.

Unfortunately, Mrs. Quiroz will become a statistic due to the reckless behavior of another person. It is frustrating to hear about these types of car crash deaths since the vast majority are preventable. All that may be needed to circumvent such a tragedy is for the driver to slow down and actually obey the speed limit.

My deepest sympathies go out to the Quiroz family. Losing a loved one is always difficult, but it is especially gut wrenching when the loss is so sudden and the cause of death lay at the hands of a careless driver.

Intoxicated Driver Causes Car Crash in Chesapeake, VA

blog@www.hsinjurylaw.com (blog Author)34682 — Tue, 06 Jul 2010 08:00:00 EST

It has been said time and again, but the message needs to be repeated - do not drink and drive. The recent car wreck in Chesapeake, Virginia (VA) is a prime example of why it is such a bad idea. The 19-year-old driver of an Acura traveling on Jarvis Road was turning left on Shell Road when it slammed into another car. A 15-year-old passenger in the Acura suffered a serious injury to their arm, and the individuals in the other car also suffered injuries.

It turns out the 19-year-old driver was intoxicated. He was charged with driving under the influence and failing to yield to another vehicle, according to the Virginian-Pilot.

Just think, this teenager may wind up going to jail and could be liable for paying the medical expenses, lost wages, and other damages of the injured passenger in their car and the other individuals involved in the accident. The ramifications of this accident could stay with the at-fault driver for quite awhile. And all of this could have been averted if he had been more responsible and not gotten behind the wheel while intoxicated.

Let this incident be a reminder to all drivers of the simple guideline - do not drive after you have been drinking or are under the influence of an intoxicant. Approximately 316 people were killed in drunk driving accidents and over 6,000 people suffered serious injuries in these types of preventable wrecks. And being held liable for a drunk driving death or injury will probably still with you, both emotionally and on your permanent record, for years to come.

The One Thing Injury Lawyers and Insurance Companies Agree On

blog@www.hsinjurylaw.com (news Author)15940 — Mon, 05 Jul 2010 08:00:00 EST

The only thing insurance companies and injury lawyers agree on is that you should not purchase an insurance police with bare bones, minimum limits coverage. Why? Read this article to learn the answer...

The ONLY Thing Personal Injury Lawyers and Insurance Companies Agree On

Motorcycle Accident Victims More Prone to Suffer Serious Head Injuries

blog@www.hsinjurylaw.com (news Author)15929 — Sat, 03 Jul 2010 08:00:00 EST

Motor bike riders are more likely to suffer a serious head injury than someone driving a car, truck, or SUV. Why? Because someone on a motorcycle is more exposed and absorb the full force of an accident. In some cases, a motor bike rider can suffer brain damage, even if they have a helmet on. To learn more, check out this article:

Brain Injuries And Virginia Motorcycle Accidents

Carnage Mounts From MTA Crashes in Baltimore

blog@www.hsinjurylaw.com (blog Author)34524 — Sat, 03 Jul 2010 08:00:00 EST

Four injured when a bus ran out of control in the early morning hours of June 30, 2010, and hit a row of parked cars.

Nineteen injured -- 4 people in a car and 15 in the bus -- when the car ran a red light and slammed into the side of the bus on June 22, 2010.

The incidents would initially seem unrelated, but both accidents occurred in Baltimore, Maryland (MD). Both involved Maryland Transit Authority buses. Both point to driver inattention.

The more egregious incident seems to be the bus running into the parked cars -- eight of them! . The driver at the wheel of the MTA bus was reportedly asleep when the crash occurred.

Distracted driving and driving when one is too tired, sick or otherwise impaired to pay attention causes thousands of accidents each year. Among the deadliest of these are crashes caused by fatigued truck and bus drivers. While, fortunately, no Baltimoreans died in the recent MTA crashes, commuting in Baltimore during proved a dangerous proposition.

EJL

Rick Shapiro Interviewed by ABC News About Fentanyl Pain Patch Deaths

blog@www.hsinjurylaw.com (news Author)15910 — Fri, 02 Jul 2010 08:00:00 EST

My colleague Rick Shapiro was interviewed by ABC News about the disturbingly high number of fentanyl pain patch accidental ovderdose deaths in recent years. The news report also features one of our clients who lost his wife due to a fentanyl accidental overdose.

Take a moment to read our article on the news report and the dangers of fentanyl pain patches here:

ABC Investigative Report Interviews Richard N. Shapiro and Firm Client on Accidental Deaths Caused By Fentanyl Pain Patches

Here is the ABC News video report:

Coal Miner Killed in West Virginia Massey Mine

blog@www.hsinjurylaw.com (blog Author)34546 — Fri, 02 Jul 2010 08:00:00 EST

Richmond, Virginia-based coal mining company Massey Mines lost another coal miner in a tragic accident. An electrician working in the Pocahontas Mine in Greenbrier County, West Virginia (WV) was hit and killed by a shuttle car, according to the Register-Herald. This was the 40th coal miner killed in an accident this year and 31 of these deaths occurred at a Massey Mine.

A massive explosion at the Massey-owned Upper Big Branch Mine in Raleigh County, WV killed 29 workers just a few months ago. This was the worst coal mine disaster in the United States in four decades.

What exactly happened to cause the shuttle car to barrel into the electrician at the Pocahontas Mine? No one knows at this point since the accident investigation is still being conducted. We do know that the Mine Safety and Health Administration (MSHA) issued the Pocahontas Mine over 160 safety citations this year and roughly one-third of these violations were considered serious. The same level of neglect was discovered at the Upper Big Branch mine which has been cited for 1,342 safety violations since 2005, according to the Washington Post.

There is no arguing the fact that coal mining is a dangerous profession, but that is no excuse for a company to ignore and circumvent basic safety regulations designed to keep coal miners safe. We will have to wait and see if any rules or regulations were violated in the tragic death of the Pocahontas Mine worker.

Police Confirm Infamous NY Wrong-Way Driver was Drunk and Speeding

blog@www.hsinjurylaw.com (blog Author)34566 — Fri, 02 Jul 2010 08:00:00 EST

It was revealed by police that the wrong-way driver who caused a major car crash on Taconic State Parkway in Mount Pleasant, New York (NY) that killed the driver, and seven people last summer, was speeding and under the influence of both alcohol and marijuana.

The driver's blood alcohol level of 0.19 (the legal limit in NY is 0.18) and an autopsy revealed "high levels" of marijuana, according to USA Today. The at-fault driver was traveling 85 mph when the speed limit was only 55 mph, according to the Associated Press.

Whenever I hear about a wrong-way car wreck, my first thought is, "What would cause someone to become so confused that they didn't realize they were on the wrong side of the road?" Unfortunately, the answer is usually drugs or alcohol.

I wrote an article about drunk and/or drugged wrong-way drivers and recalled when my wife was driving on Interstate 64 near Richmond, Virginia (VA) with my daughter when she suddenly noticed a driver coming straight towards her and watched several cars forced to veer out of the way. All in broad daylight! I'm forever grateful that she was lucky enough to avoid that wrong-way driver in a head-on wreck.

Wrong-way drivers are not just a problem in New York. In fact, three people were killed within three months of each other on VA highways like Interstate 264 (I-264), I-295, and I-64 by wrong-way drivers. It's not the type of accident that happens every day, but when a driver travels the wrong-way on a road of highway, the consequences are usually tragic.

There may be the rare instance where a truly confused driver winds up traveling down the wrong lane of highway, but the vast majority of wrong-way car accidents involve a drunk or drugged driver. It's frustrating since many of these accidents may have been prevented if the at-fault driver simply exercised caution, been more responsible and decided not to get behind the wheel of a car when they were intoxicated.

Drowsy Driver Kills 7-Year-Old in Accomac Car Crash

blog@www.hsinjurylaw.com (news Author)15898 — Thu, 01 Jul 2010 08:00:00 EST

A 7-year-old child was killed when their mother feel asleep at the wheel and wound up flipping their car multiple times in Accomac, Virginia (VA). This tragic car crash highlights what can happen when someone succumbs to drowsy driving. To learn more, read this article:

Child Killed in Car Wreck After Mother Fell Asleep at the Wheel in Accomac

Switch to Electronic Records Could Reduce Medical Mistakes

blog@www.hsinjurylaw.com (news Author)15904 — Thu, 01 Jul 2010 08:00:00 EST

Cities in the Tidewater region of Virginia (VA) are switching over to electronic records in the hopes of improving accuracy and reducing medical mistakes. To learn more, check out this article:

Paramedics in Some Hampton Roads Cities Switch to Electronic Records

Jury Awards $8M to Woman Whose Bone-Wasting Disease Appears Linked to Fosamax

blog@www.hsinjurylaw.com (blog Author)34370 — Thu, 01 Jul 2010 08:00:00 EST

Seventy-two-year-old Shirley Boles has lost much of her lower jaw to a wasting disease called osteonecrosis. The disease is fairly uncommon, and in Boles' case, its cause appears to be ironic. Boles, who lives in Fort Walton, Florida (FL), contends she developed osteonecrosis of the jaw, or ONJ, after starting to take Fosamax (alendronate sodium) to stave off the ravages of osteoporosis.

On June 24, 201, a jury agreed with Boles, handing down an $8 million verdict against Merck & Co., the maker of Fosamax. Cases of ONJ have spiked in the 15 years since osteoporosis drugs known generally as bisphosphonates first hit the U.S. market. According to the Associated Press, "Merck faces more than 1,400 lawsuits alleging Fosamax harmed patients."

Merck has resolutely defended the safety of Fosamax, even as evidence of the drug's risks for certain patients, and those of similar bone-building medications such as Novartis' Zometa (zoledronic acid), mount. All prescription and OTC drug carry some risks for more of less serious side effects. But drugmakers have legal and ethical duties to inform patients, prescribers and pharmacists about known risks. When potential side effects become actual, the companies then have duties to issue update side effects warnings and do what they can to aid patients -- and their families -- who suffered injuries or lost their lives after taking a dangerous drug.

EJL

School Bus Rollover Accident in Chesapeake Leaves Multiple Children Injured

blog@www.hsinjurylaw.com (blog Author)34480 — Thu, 01 Jul 2010 08:00:00 EST

Bus 644 was merging from Gruen Street onto Jarvis Road in Chesapeake, Virginia (VA) when the driver exclaimed, "Oh Shoot!" That is when the nightmare began.

The bus ran off the shoulder of the road and flipped on its side. The children on the bus were flung from one end to the other. This resulted in a dozen children transported to the emergency room with some complaining of serious joint injuries, according to the Virginian Pilot.

Here is a news report on the bus accident:

The exact cause of the bus rollover accident is still unknown. Police determined there was nothing wrong with the brakes or steering system. Was the bus driver speeding? Were they distracted? We will have to wait and see what the police investigation reveals.

We do know that close to 12,000 children are injured and six children lose their lives in school bus wrecks every year, according to stnonline.com.

Regardless of the cause of the Chesapeake bus rollover wreck, we are lucky no child was killed in the accident. A bus flipping over is one of the worst kinds of accidents and the situation could have been far worse.

Chain Reaction Wreck in Putnam Leaves Two People Injured

blog@www.hsinjurylaw.com (blog Author)34412 — Wed, 30 Jun 2010 08:00:00 EST

A car traveling east on Interstate 64 (I-64) in Putnam, West Virginia (WV) hit the car ahead of them causing this car to slam into the back of a tractor-trailer. The force was so strong that the car wound up getting stuck underneath the truck. The car that caused this chain reaction crash then hit another car in the other lane of I-64. Talk about a mess.

The people in the car stuck under the truck suffered injuries and were taken to the hospital after police cut them out of their vehicle, according to the Charleston Daily Mail.

We do not know what caused the car to hit the back of the other car and ignite this chain reaction car crash. Was the driver distracted? Were they speeding or trying to change lanes improperly? We will have to wait and see what the accident report reveals.

Chain reaction car wrecks are one of the worst types of car accidents to be involved in. Not only is the damage far greater than if two cars were involved in a fender-bender, but these crashes usually put multiple lives at risk for serious injury or death. The chain reaction wreck in Putnam was bad, but it could have been worse, especially since a car was forced under a tractor-trailer at high speeds.

Dealing with multiple insurance companies can prove to be a headache for the people involved in a chain reaction accident. One company may drag their feet or delay communication until liability is finally assessed. The process can be complicated even further if the at-fault driver does not have insurance or denies they were at-fault. You should definitely consult with an attorney if you were hurt in this type of accident.

Light-Rail Project Presents Safety Risks to Travelers

blog@www.hsinjurylaw.com (news Author)15821 — Mon, 28 Jun 2010 08:00:00 EST

A new light-rail system is set to begin operation in May of 2011 in the Hampton Roads region of Virginia (VA). Like all new transportation projects, it has its advantages and disadvantages (including safety risks). Read on to learn more...

What Will a Light-Rail System Mean for the Hampton Roads Area?

Truck Accidents May Lead to HAZMAT Issues

blog@www.hsinjurylaw.com (news Author)15823 — Mon, 28 Jun 2010 08:00:00 EST

Tractor-trailer trucks can be dangerous enough in their own right. When hazardous materials are the cargo, the danger can be even worse. Read on for more information on hazardous materials (frequently shortened to HAZMAT) incidents and what you can do to protect yourself here:

Truck Wrecks Sometimes Cause Hazardous Materials (HAZMAT) Incidents

Norfolk Southern Train Slams Into Pickup Truck in Bluefield

blog@www.hsinjurylaw.com (blog Author)34190 — Mon, 28 Jun 2010 08:00:00 EST

A pickup truck carrying two men was crossing Furnace Street headed towards Greever Avenue when they were hit by a Norfolk Southern coal train in Bluefield, Virginia (VA). Their truck was dragged 30 feet before the train finally came to a stop.

View Larger Map

The two men suffered injuries to their neck and back, according to the Bluefield Daily Telegraph. Even with the injuries, both men are somewhat lucky. Most people involved in a truck-train crash wind up paralyzed, suffering a traumatic brain injury, or worst of all, losing their life.

The rail crossing there the wreck occurred is a "quiet zone." This means that trains are not allowed to sound horns and bells when they approach the grade crossing. Did this attribute to the truck-train accident? It's certainly possible.

This isn't the first time a quiet zone rail crossing was the scene of a train accident. Two boys in Kennesaw, Georgia (GA) were hit by a train back in March.

The issue surrounding these quiet zones remains the trade-off between safety and public annoyance. Yes, having a train blow a loud horn can be annoying, especially if you live near a rail crossing that is heavily traveled by multiple trains, but requiring trains to be "quiet" leads to an increased risk of serious rail crossing accidents similar to one that occurred in Bluefield

Changes to Existing Virginia (VA) Traffic Laws Aimed at Increasing Safety

blog@www.hsinjurylaw.com (blog Author)34152 — Sun, 27 Jun 2010 08:00:00 EST

The recent death of a tow-truck driver who was stopped on the side of a Virginia highway has caused the “move over” law in Virginia to be modified to include not only law enforcement personnel and other emergency workers, but also tow-truck drivers.

As you are probably aware, the “move over” law requires motorists to move over, if they can do so safely, when they see an emergency vehicle of any kind, with its emergency lights activated, either on the shoulder of the road or in a traffic lane. This law is in addition to those that already exist which require motorists to yield the right of way to emergency vehicles that are traveling with lights and sirens operating. Unfortunately, some people either do not do that, or even drive unsafely when they see an emergency vehicle. Click here for an article concerning a State Trooper injured while responding to an emergency.

Both the existing law for yielding to emergency vehicles and the “move over” law are intended to provide emergency workers, and now in Virginia, tow-truck drivers with additional safety while they are performing their duties. In addition, the Virginia seat belt law has been modified. Beginning July 1, passengers who are under the age of 18 will be required to wear seat belts, even if they are riding in the back seat of a vehicle. Virginia law enforcement officials can stop a vehicle with under-18 passengers if they suspect the seat belt law is not being complied with.

Both of these laws are designed to increase safety for everyone traveling on Virginia highways, and those who respond to emergencies on these roads. It is hoped that the number of wrecks which result in personal injury will decrease. If an accident should occur, however, there are steps which can be taken by those involved to receive legal help from an attorney. Learn more about those steps by reading our free consumer guide on what to do when injured in a Virginia car accident.

J.M.

Road Closures Sometimes Necessary For Driver's Safety

blog@www.hsinjurylaw.com (blog Author)34153 — Sun, 27 Jun 2010 08:00:00 EST

Nothing can seem more frustrating that to find out that your normal route to work has been or will be changed due to a road closure, as drivers in Suffolk, Virginia (VA) will be facing today. Click here to read the article concerning this road closure. Even if you are given advance notice, trying to figure out another way to work or school can be trying.

Road closures are sometimes necessary, however. Closing a road may be the only way that repair work can be done safely and thoroughly. If workers are able to concentrate on their job rather than trying to work around, direct, and otherwise deal with traffic, this can result in a more satisfactory repair process, which will last longer.

Sometimes road closures are unexpected. These can occur when wrecks which have caused serious personal injury, damage to the roadway itself, or even a hazardous material incident have happened. These can be especially dangerous, because little or no warning is given, and traffic may come to a sudden standstill. Diverting traffic to other throughways can be risky, too, as drivers try to merge and work their way through the congestion.

The best thing to do when confronted with road closures, either anticipated or unexpected, is to simply remain calm. Allow yourself a little extra time to get to your destination. If you have enough warning about a road closure, you might want to take the opportunity on a weekend or evening, after normal traffic flow has died down, to find and navigate another route, so that you will be prepared for an anticipated closure.

If you are traveling on a road that is suddenly closed due to the situations mentioned above or for another reason, immediately slow down, and leave a safe distance between your car and the one in front of you. As traffic proceeds, practice driver courtesy when possible, by allowing one car to merge over in front of you, then proceeding on as it is safe. Don’t try to cut people off who are trying to merge, and never use the emergency lane or median to try to get around the closure.

If you are involved in a wreck as a result of a road closure, this resource guide will give you valuable information on what to do when a wreck happens. You can order this guide by clicking here.

J.M.

Private Airplane Crashes Can be Infrequent, But They Do Occur

blog@www.hsinjurylaw.com (blog Author)34154 — Sun, 27 Jun 2010 08:00:00 EST

Private airplane crashes such as the one that occurred in North Carolina this week do, fortunately, seem to happen only infrequently. You can click here to read the complete article on the latest incident.

When they do happen, personal injury is likely to occur, simply because private airplane crashes, or any airplane crashes for that matter, are totally different than car wrecks or any other incident. For one thing, they usually happen from a much higher altitude, and involve a different sort of “vehicle."

When they do happen, private airplane crashes must be investigated not only by local law enforcement agencies but also the Federal Aviation Administration (FAA). The investigation will be carried out according to FAA guidelines, and the findings of the FAA investigator may even seem to disagree with those of other investigators. This can sometimes cause problems, especially if property damage or personal injury to someone other than the pilot and/or passengers in the plane occurs.

In the case of some private airplane crashes, insurance companies may be reluctant to make payment until it has been determined who or what was actually responsible for the incident. This can cause problems for the pilot, especially if the plane he was flying was not his own. His insurance company may want the plane owners’ insurance company to pay for everything, while the plane owners’ insurance company may not want to pay for anything but damage to the plane itself.

If on-the-ground personal injury or property occurs, as can often happen in private airplane crashes, the insurance companies for those persons or property owners may try to delay payment, in the hopes that other insurance companies will handle everything. This can be frustrating to everyone involved.

However, just because private airplane crashes are infrequent does not mean that you cannot educate yourself as to what your options are should one occur. You can click here to read an article on aviation crashes in general which was written by an attorney knowledgeable in such things. You can also download a resource article about safety as it applies to private airplane crashes.

J.M.

Wreck on I-95 Takes Life of Mother and Daughter

blog@www.hsinjurylaw.com (blog Author)34155 — Sun, 27 Jun 2010 08:00:00 EST

Theresa Supica and her three teenage daughters were traveling on Interstate 95 (I-95) near Henrico County headed towards Virginia Beach, Virginia (VA) when their lives were changed forever. The driver of a Toyota Corolla suddenly changed lanes, lost control of their vehicle, and smashed into the Supica's Ford Explorer.

Unfortunately, Mrs. Supica and her 12-year-old daughter did not survive the car accident. The other two teenagers in the Explorer suffered serious injuries and were treated at VCU Medical Center, according to the Richmond Times-Dispatch.

No one knows for sure why the driver of the Corolla suddenly changed lanes. Were they speeding and had to change lanes in order to avoid rear ending another car? Were they distracted and changed lanes without looking at the vehicles around them? The investigation continues.

My deepest condolences go out to the Supica family, especially Mrs. Supica's husband Scott. I hope the two surviving daughters make it through this ordeal okay and the family is able to pick up the pieces after this tragic loss.

"Real-Time" Traffic Updates Help But Do Not Prevent Car Wrecks

blog@www.hsinjurylaw.com (blog Author)34156 — Sun, 27 Jun 2010 08:00:00 EST

Virginia (VA) drivers can access many alert systems that inform them of recent car wrecks on busy roads and highways like Interstate 64 (I-64), I-264, I-664, and so forth. Some of these alerts include radio and TV stations and overhead message signs that are updated in "real-time." This means they are broadcast either as they are happening or very shortly after the incident occurs.

These frequent updates can be very helpful to VA drivers, especially for drivers already on the road but still far enough away from the problem can immediately begin to seek out an alternate route, thus avoiding the situation all together.

Those who are in a position to receive "real-time" or very current information through electronic communications can read about crashes that may have occurred earlier but are still causing traffic problems (click here for an article that does just that), as well as road closures that for some reason or another may have had to be extended. By having this information available, they can consider whether or not they will be near those problem areas if they will be getting on the road later, and make alternate plans, if necessary.

Even with all these alerts, major car accidents are going to happen. Nearly 63,000 people suffered serious injuries on VA roads and interstates in 2009, according to the VA DMV. If you were the victim of a car crash that was caused by the carelessness of another person, there is a good chance you'll be inundated with paperwork, questions from insurance companies, and a potentially heft hospital bill. This is why you should consult with an injury lawyer to help ease some of the burden. We'll haggle with the insurance company and help with all the relevant legal documents. To learn more, check out our free consumer guide on what you should do if you were hurt in a car accident on a VA road or highway.

Single-Vehicle Car Crashes May Leave Many Questions Unanswered

blog@www.hsinjurylaw.com (blog Author)34157 — Sun, 27 Jun 2010 08:00:00 EST

When people think of a car crash, they usually envision two cars slamming into each other. However, car crashes involving a single vehicle is quite common. When these types of car accidents occur, there are usually no witnesses and the driver may have suffered a serious personal injury like a broken leg, whiplash, or a traumatic brain injury.

When an accident investigation is conducted under these circumstances, law enforcement officials and other investigators may have only the evidence left at the scene of the crash, such as skid marks, damage to the roadway or property, and other things to help them try to determine what may have caused the accident.

Sometimes, however, questions are still left unanswered, or the investigation may lead to more questions. For instance, did road debris or road damage cause the crash? If this was the case, whose responsibility was it to see that the debris was removed or the road damage repaired in a timely manner?

Was the driver trying to avoid another car that had swerved over into the wrong lane? If so, was the other driver even aware that an accident occurred and simply did not stop to help?

These are just a few of the questions that can be raised as a result of a single-car crash. Unfortunately, when such a crash occurs, insurance companies may be reluctant to claim any responsibilities for paying for damages, or may want to hold off on paying in the hopes that something or someone else can be held liable for the wreck. If an insurance company is giving you a hard time and dragging their feet on your claim, give our firm a call so we can discuss what legal options are available to you.

Repeat Drunk Driver Taken Off Virginia Beach Roads

blog@www.hsinjurylaw.com (blog Author)34128 — Sat, 26 Jun 2010 08:00:00 EST

My colleague Randy Appleton highlights the conviction of a repeat drunk driver in his latest post to the Virginia Beach Injuryboard. The case involved a former sheriff's deputy who badly injured another driver and passenger in a head-on collision on Birdneck Road. Randy notes that in 2008, 234 people died on Virginia's streets and highways after being involved in accidents where one or more driver was drunk.

EJL

Virginia Woman Develops Russian Accident After Head Injury

blog@www.hsinjurylaw.com (news Author)15664 — Fri, 25 Jun 2010 08:00:00 EST

Why are traumatic brain injuries so different from other kinds of accident injuries? Unlike broken bones or lacerations, brain injuries can permanently change your perception, your personality, and your abilities – just ask 45-year-old Robin Jenks Vanderlip, a Virginia, Fairfax woman who suffered a serious slip and fall accident and woke up with a Russian accent.

In May of 2007, Vanderlip fell down a flight of stairs and struck her head. Although she had never been to Russia – or ever heard a Russian accent to her memory – the woman woke up sounding as if she had been born in the faraway country. Three years later, she is still burdened with not sounding like herself or her culture.

Virginia doctors diagnosed Vanderlip with Foreign Accent Syndrome, a rare and little-understood consequence of head injuries and brain damage. While fewer than 60 cases have been documented since it was originally discovered during the 1940s, scientists have taken an interest in the odd disease, which has also made a Louisiana woman speak with a Cajun accent, an English woman to speak like a Jamaican, and a Japanese man speak with a Korean accent.

Foreign Accent Syndrome can change your life – in one case, a Norwegian woman was ostracized from her community after she hit her head and developed a German accent. In all cases, patients will never again hear the sound of their own voice – and struggle through life explaining that they aren’t from where it sounds like they are from. While it is sometimes easy to put a price on an accident injury, the real cost of traumatic brain injuries is harder to determine.

The Connection Between Equipment Failures and Railroad Accidents

blog@www.hsinjurylaw.com (news Author)15771 — Fri, 25 Jun 2010 08:00:00 EST

Many accidents stemming from equipment failures and track problems are routinely due to the neglect and misguided belief that equipment like brakes will never have problems, or if a problem does arise, it will be a minor issue. Learn why this is not the case in this new article...

Rail Equipment Defects Are a Major Cause of Trains Wrecks and Injuries

NFL Physicians Discuss Traumatic Brain Injuries In Virginia Area

blog@www.hsinjurylaw.com (news Author)15663 — Thu, 24 Jun 2010 08:00:00 EST

Doctors and sports experts from around the country met in the Virginia area this month to discuss the ongoing problem of head injuries and brain injuries in the NFL.

"Traumatic Brain Injury in Professional Football: An Evidence-Based Perspective,” was a one-day session held in Washington, DC, sponsored by the National Football League and attended by team doctors, managers, and others with an interest in keeping professional football players safe and healthy.

One of the main topics at the athlete traumatic brain injury conference was concussion and whether minor concussions are dangers – especially if players accumulate hundreds over their careers. Some studies have concluded that receiving a head injury shortly after receiving a concussion can be dangerous or even deadly, while others believe that large numbers of minor concussions can lead to long-term health problems including depression, dementia, drug abuse, personality changes, and motor control problems.

The head injuries in sports lecture also covered new technology that NFL team doctors could use to identify and track brain injuries, which can often be almost invisible. The speakers recommended electroencephalography and imaging as ways to determine whether a player needs to be treated and taken off of the playing field.

Unfortunately, the head injury meeting speaker did not talk extensively about some of the serious long-term effects of repetitive head injuries, saying that the studies that have connected head injuries with dementia and depression have been small and largely inconclusive. He did say, however, that he hopes more research will be done in the future to determine whether years of minor concussions could lead to problems in middle age and old age.

Railroad Mesothelioma Cancer Victim's Son Recounts Legal Battle

blog@www.hsinjurylaw.com (news Author)15727 — Thu, 24 Jun 2010 08:00:00 EST

My colleague Rick Shapiro spent years battling a railroad company to compensate a family that lost a loved one from mesothelioma cancer that was caused by exposure to asbestos while working for the railroad. The son of the stricken rail worker recounted his father's tragic death and the extended claims proces. Read it here...

Son of Rail Worker Who Lost His Life to Mesothelioma Recounts Protracted Legal Battle

Doctor Argues in Court That His Negligence was "Acceptable Mistake"

blog@www.hsinjurylaw.com (news Author)15744 — Thu, 24 Jun 2010 08:00:00 EST

A doctor was negligent when performing a vaginal hysterectomy in Winchester, Virginia (VA). His only defense was calling two witnesses who claimed that the negligent doctor committed an "acceptable surgical error." Find out in this article why such an argument is outrageous:

Surgical Mistake Forces Woman to Wear Colostomy Bag for More than Two Months, Doctor Claims Mistake was "Acceptable"

Hit-And-Run Car Accidents in Virginia

blog@www.hsinjurylaw.com (blog Author)34001 — Thu, 24 Jun 2010 08:00:00 EST

A hit-and-run accident is one of the worst kinds of car accidents we encounter in our practice. This is where a driver bolts after hitting a pedestrian, bicyclist, or another driver in the hopes of evading any criminal or civil penalties.

There was a hit-and-run accident in Virginia Beach, Virginia (VA) where a drunk driver hit and seriously injured an elderly woman on Honeygrove Road. The elderly woman suffered cracked ribs, bruised lungs, broken legs, and broken ankles, according to The Virginian-Pilot.

If you were the victim of a hit-and-run accident, you may find yourself wondering how you are ever going to be able to get compensation for your medical bills and lost wages. Take a moment to review this article about hit-and-run accidents and what you need to do to start the personal injury claims process:

Hit-and-run insurance claims information

If the at-fault driver is never found, you will need to file a claim for uninsured motorist coverage (commonly known at "UM" insurance). It's kind of a weird process, but essentially you file a claim against your own insurance and they act as the de facto defense of the driver. You then get compensation to cover your medical expenses, lost wages, and pain and suffering.

If the at-fault driver is eventually found, you will be able to file a claim against their insurance (if they have any insurance to begin with). If it turns out the driver was drunk or distracted, you can also pursue "punitive damages" which is an additional monetary award provided to you that is meant to make an example of the reckless behavior of the at-fault driver.

If you have additional questions, check out our FAQ library about what to do if you were in a car wreck.

JM

Motorcycle Safety Tips to Help Avoid Wrecks and Serious Injuries

blog@www.hsinjurylaw.com (blog Author)34002 — Thu, 24 Jun 2010 08:00:00 EST

A recent motorcycle accident resulted in the rider's death in Pulaski County, Virginia (VA). This brings the total for motor bike rider deaths in VA to at least 20. Nineteen of them had occurred prior to May 7th of this 2010, which is a 27 percent increase over the same period in 2009.

The goal for VA motor bike riders is to reverse the trend and cut down on the number of serious motorcycle wrecks and deaths.

In order to help achieve that goal, here are a few motorcycle safety tips:

Always wear a helmet and protective gear (gloves, pads, clothing that covers bare skin, for example).
Do not speed. The same speed limits and traffic laws that apply to cars also apply to motorcycles.
Do not weave in and out of traffic. Stay in your lane, and signal all turns and lane changes properly.
Leave a safe amount of distance between your motorcycle and the cars in front and behind you.

These are just basic safety tips, but you'd be surprised at how many horrific motorcycle accidents are caused by these simple guidelines being ignored. This needs to change. Riding a motorcycle is fun and I understand the desire to put the pedal to the metal and mimic what you see in movies. Unfortunately, this type of behavior usually leads to a major motorcycle crash and very serious injuries.

Shore Drive In Virginia Beach Lowers Speed Limit To Save Lives

blog@www.hsinjurylaw.com (news Author)15662 — Wed, 23 Jun 2010 08:00:00 EST

The city of Virginia Beach has unanimously voted to lower the speed limit on a four-mile stretch of Shore Drive, a road that has been the cite of a number of pedestrian accidents, injuries, and deaths in recent weeks, months, and years.

On June 15, part of Shore Drive’s speed limit was dropped from 45 miles per hour to 35 miles per hour after Virginia Beach after Vice Mayor Jones and Councilman Wood reviewed and discussed the proposal. The speed change will affect the stretch of road between Pleasure House and North Great Neck roads.

The change in speed takes place in the wake of a number of pedestrian accidents and fatalities along Shore Drive, including the recent deaths of Whitney Hulce and Dobbie Jones, two young women who attempted to cross the street 50 feet apart in a dark area without a crosswalk after a night at local bars. In the last eight years, ten others have died on foot in the same area.

Many believe that the dark streets, the lack of good crossing areas, and the speed of the cars certainly contributed to the large number of pedestrian deaths in Virginia Beach. The speed limit was changed after a public outpouring of support for the lowered limit, with many city councilmen receiving large numbers of phone calls and emails about the dangerous street.

In addition to the new speed limit postings, a fundraiser was held for the victims of Shore Drive pedestrian accidents at CP Shuckers and Bayside Bar and Grill in order to raise money to provide more crosswalks and better lighting to the area along Shore Drive.

CSX Held Liable for Family Member's Mesothelioma Caused by 'Second-Hand' Asbestos

blog@www.hsinjurylaw.com (blog Author)33860 — Wed, 23 Jun 2010 08:00:00 EST

A panel of federal court judges in Illinois (IL) has ruled in favor of the family of a woman who died from mesothelioma most likely caused by asbestos fibers her husband brought home on his clothing during years of "working as a steelworker, welder, railroad fireman and laborer" for CSX, the Madison & St. Cloud Record is reporting. The ruling is in line with other "second-hand" asbestos judgments against insulation and building materials manufacturer Owens-Illinois and contractor Breeding Insulation.

CSX had demanded an appellate court ruling on its liability, arguing that employers should have no responsibility for protecting employees' families. The judges for the Fifth District ruled that the rail company's position held no merit because asbestos fibers cling easily to workers' clothing and it must be assumed that workers' family members will come in contact with contaminated clothes. This ruling essentially means that railroads are not different from other companies that have been found liable for cancers and mesotheliomas of spouses, sons or daughters who contract disease from exposure to a railroad worker's clothing. These companies are proved to have known the main dangers of tiny asbestos fibers -- and that any person inhaling the fine asbestos dust could ultimately be harmed and die from such exposures.

Toxic and carcinogenic asbestos fibers constitute practically the only cause of the deadly cancer mesothelioma. The microscopic fiber become airborne easily and also cause the debilitating breathing disorder asbestosis. While still widespread in insulation materials in older building, boilers, engines and brakes, asbestos is so dangerous that its use has been banned for nearly all industrial or commercial uses in the United States since the late 1970s. Railroad engineers and conductors, car mechanics and even track maintenance workers have developed mesothelioma and various cancers decades after their exposures.

Problems with asbestos were recognized decades before bans were enacted. And having represented several victims of asbestos-related mesothelioma and asbestosis, I know well that the material has ruined many lives. I applaud each court ruling that holds companies responsible for the injuries and deaths their careless use of asbestosis and lack of commitment to protecting workers and members of the public caused. The lesson of asbestos cancers is that the more toxic and dangerous a substance, the more cautiious a company must be to remove the harm.

EJL

Lawnmower Rollover Accident Leaves Man Seriously Injured

jlewis@hsinjurylaw.com (blog Author)33941 — Wed, 23 Jun 2010 08:00:00 EST

An Abingdon, Virginia (VA) man was going about his day keeping his yard in presentable condition by mowing the lawn. Suddenly, his Club Cadet lawn mower did a "wheelie" and rolled over on top of him. The result was a broken back and months of pain and suffering.

The injured victim was diagnosed was a compression fracture of the T-10 vertebrae but when he got home from the hospital, he couldn't move. He was unable to eat, drink, urinate, move his bowels, feel his legs, or walk, according to allbusiness.com.

This agony went on for months and he even suffered temporary paralysis of his legs. To this day, he has limited mobility and neurological problems in his legs.

Unfortunately, serious injuries from lawnmower accidents are becoming all too familiar. In fact, roughly 80,000 Americans require hospital treatment from injuries caused by lawnmowers, according to a study conducted by researchers at the Johns Hopkins Bloomberg School of Public Health.

Let's hope most people don't have to go through the same legal hoops the victim in Abingdon is now going through. He retained counsel and is seeking $5 million in damages from MTD, the manufacturer of the faulty lawnmower.

MTD contends the physical ailments were not really their fault, but were caused by the medical negligence of the doctors visited who treated the victim after the lawnmower rollover accident.

This is a rather weak argument by MTD since they haven't denied that the rollover of their product was a key factor in causing the injury. An expert for MTD said that "prompt and proper" treatment would have produced a "good outcome" for the victim since he came to the ER with no impairment of neurologic function. Essentially, MTD is trying to reduce their level of liability by pointing the finger at the doctors and saying they committed medical malpractice.

The judge in the case did not buy this argument by MTD. He stated, "The neurological injuries suffered...stem directly from his compressed and burst vertebra, which [resulted from] the heavy lawn mower landing on his chest. Any third party negligence is thus irrelevant to [the] claim against MTD and must be excluded from the jury."

The case is still going through the litigation process at the time of this posting. I hope the victim receives the compensation he rightfully deserves.

Attorney Examines Drowsy Truck Drivers in Virginia

blog@www.hsinjurylaw.com (news Author)15684 — Tue, 22 Jun 2010 08:00:00 EST

On June 15, a driver crashed his tractor-trailer after falling asleep at the wheel. How often does this happen? How can law enforcement officers tell if this was the cause of the accident? Read on for answers:

Many Tractor-Trailer Wrecks Caused by Driver Fatigue

Traumatic Brain Injury from a Motorcycle Crash

blog@www.hsinjurylaw.com (blog Author)33893 — Tue, 22 Jun 2010 08:00:00 EST

Motorcycle and car accidents cause more than half the traumatic brain injuries (TBI) that occur every year, according to the National Highway Traffic Safety Administration. The state of Virginia requires that all motorcycle riders wear a protective helmet - but even riders wearing helmets are prone to TBI in the event of a motorcycle crash.

Virginia (VA) motorcycle accidents are on the rise. In fact, we saw an 87 percent spike in motor bike wrecks in 2007. Unfortunately, this means there is likely to be an increase in the number of TBI victims in VA as well.

Helmets are around 67 percent effective in preventing a head injury, according to the Virginia Department of Motor Vehicles. Although wearing a helmet protects motorcyclists' heads from directly impacting the ground, trauma to the brain can be sustained when the brain hits the inside of its protective covering - the skull - during the impact of the motorcycle crash. The results can be devastating.

Many people don't understand that even a common concussion is a mild form of TBI. Symptoms include nausea, headaches and visual disturbances. These are very serious symptoms and should never be taken lightly, but they are often overlooked at the time of injury. Severe TBI symptoms include loss of motor function, memory and language processing skills. If you have sustained any type of head injury, seek medical care immediately and be sure to relay complete details of how your head injury occurred.

There is help available for motorcyclists suffering from TBI as a result of a motorcycle accident that was caused by another driver's carelessness. If you or someone you know has been injured in a motorcycle accident but does not wait to get help, there are people who care and can help you get on with your life.

Car Wreck Deaths in Gloucester Have Already Doubled in 2010

blog@www.hsinjurylaw.com (blog Author)33931 — Tue, 22 Jun 2010 08:00:00 EST

A car wreck occurred in Gloucester, Virginia (VA) killing one of the drivers involved. It is unclear what caused the Gloucester car wreck. Law enforcement officials said one of the other victims was injured and while her injuries were not life-threatening, she was unable to give many details. Therefore, the investigation continues.

This latest tragedy was the 10th car crash death in Gloucester this year. Only five car accident deaths occurred by this time last year. Is there a reason for this sudden spike in serious car crashes? No one can say for sure. It may just be a statistical anomaly.

Statistics can sometimes seem to dehumanize situations. We forget that behind those numbers were real people, whose families have been left behind to mourn their loss. Our sympathies are with those who were affected by this latest death, as well as those who have lost loved ones in past car wrecks.

JM

Chicago Subway Fire Underlines Push for Light Rail Safety

jlewis@hsinjurylaw.com (blog Author)33802 — Mon, 21 Jun 2010 08:00:00 EST

Around 5 pm on Father's Day 2010, a subway tunnel and train in downtown Chicago, Illinois (IL) filled with smoke. Nineteen passengers, including a 10-year-old boy, needed hospital treatment for mild to severe smoke inhalation and other injuries. Fortunately, no one was killed.

Preliminary investigations show that one or more railroad ties on the Red Line near the Clark/Division L station caught fire, possibly due to the buildup of summer heat on oil and creosote. The Chicago subway fire comes nearly a year after a fatal collision between DC Metro trains caused by the malfunction of an automatic braking system built into the tracks.

The deaths of nine Metro passengers -- and injuries to dozens of others -- prompted federal lawmakers to call for $150 million to improve light rail safety in Washington, DC, and elsewhere. The fire in Chicago, where a fire department official conceded that ties bursting into flames was not uncommon, drives home the fact that government officials at all levels, transit agencies and light rail operators need to make passenger and worker safety a top priority.

This real-life lesson holds particular relevance for Norfolk and the other cities of Hampton Roads, as the HRT-operated TIDE is set to start running in 2011. Expansions of the local light rail system are already proposed for Virginia Beach, Chesapeake and Newport News.

Commuter trains can help relieve traffic congestion and have a generally positive safety record. When accidents do happen, though, the number of people hurt and killed can be quite large. Constant focus on, and improvement in, light rail safety are musts if the benefits of the transportation option are to be fully realized.

EJL

Deliveryman Aggravates Knee Injury in Slip and Fall Accident

jlewis@hsinjurylaw.com (blog Author)33826 — Mon, 21 Jun 2010 08:00:00 EST

Watch out for drain holes. A deliveryman in Richmond, Virginia (VA) seriously injured his knee after he stepped into an uncovered drain hole while wheeling a loaded handcart to a restaurant. This slip and fall accident re-aggravated a previous knee injury that produced a torn meniscus.

The deliveryman retained legal counsel and was able to secure a $338,000 settlement for medical bills and lost wages, according to allbusiness.com. A vocational expert determined that the victim would suffer a future loss of earnings for five years in a similar line of work because of the injury.

This accident is a reminder to watch your step, especially if you're pushing a large item like a handcart or wheelbarrow. Drain holes can be inconspicuous and, as we saw with this slip and fall accident, if you wind up stepping into a drain hole you can suffer a serious knee injury.

Toyota Drivers Still Reporting Problems Even After Recall

blog@www.hsinjurylaw.com (blog Author)33787 — Sun, 20 Jun 2010 08:00:00 EST

A recent article in U.S. News and World Report stated that even after recalled Toyota cars had been repaired, some drivers were still reporting that their cars accelerated on their own, and that brake action was delayed for several seconds.

The National Highway Traffic Safety Administration (NHTSA) is asking for Toyota drivers who have had trouble with their cars after they were fixed to contact them since they are in the process of compiling statistics about the severity of the sudden acceleration problem.

Our firm has written extensively about this car safety issue and it seems as though Toyota can't give us a straight answer as to what's causing some of their cars to speed up suddenly on the road.

Toyota first reported that effected cars were being repaired properly, and that it was simply an equipment failure (accelerator pedals, floor mats) that had nothing to do with the electronic system. Others allege the issue is connected with the electronic throttle control system.

The fact remains that someone driving along Interstate 95 (I-95) or I-295 could get into a major wreck and suffer a serious personal injury due to sudden acceleration.

If a personal injury should occur as a result of Toyota cars having been fixed but then continuing to unintentionally accelerate, you may need a personal injury attorney who has experience in legal matters regarding both car accidents and product recall to help file a claim.

Car Accidents on Virginia (VA) Freeways

jlewis@hsinjurylaw.com (blog Author)33790 — Sun, 20 Jun 2010 08:00:00 EST

A recent Virginian Pilot article concerning car accidents on Interstate 264 (I-264) focuses on two separate car crashes that occurred on the same day, but in two different locations. A total of eight cars were involved in the two wrecks.

There were no injuries reported in either of the two accidents. That is good news, and we wish it were that way every time car accident happens on Virginia (VA) freeways. However, we know that is usually not the case.

VA freeways have a high traffic volume this contributes to car accidents. But is high traffic volume the main cause of wrecks? Maybe not.

It is known that speed is a factor in many car crashes and there are far too many impaired drivers under the influence or alcohol or drugs on the road.

Sometimes, road conditions can cause accidents on VA freeways. This may be one reason why the Virginia (VA) governor is asking for consideration to be given concerning making portions of I-95 and I-81 toll roads. The money collected in tolls would go toward improvements and repairs along all Virginia (VA) freeways.

Regardless, the best thing you can do to avoid getting into a major car wreck is to be vigilant and cautious on VA roads and freeways. Don't speed, don't get distracted with your cell phone, and always wear your seat belt. I know these tips are common knowledge, but it's surprising how many accidents are caused by failing to follow these basic safety tips.

Infection Safeguards Ignored in Many Same-Day Surgical Centers

blog@www.hsinjurylaw.com (news Author)15621 — Sat, 19 Jun 2010 08:00:00 EST

A study conducted by the American Medical Association found 67 percent of the centers, which were located in North Carolina (NC), Maryland (MD), and Oklahoma (OK) had at least one problem in infection control and 57 percent were cited for deficiencies. To learn more, check out this article:

Infections Rampant in Many Same-Day Surgery Centers

$82M Awarded in Wrongful Death of Gas Plant Worker

blog@www.hsinjurylaw.com (blog Author)33725 — Sat, 19 Jun 2010 08:00:00 EST

Two companies found responsible for the faulty construction of an industrial oil heater at a Texas (TX) natural gas plant have been ordered to pay $85 million to survivors of a worker killed after the heater exploded. According to a report in the June 14, 2010, Mineral Wells (TX) Index, a jury determined that Exterran Energy Solutions, then operating as Hanover Compression LP, and Quicksilver Resources Inc. were "grossly negligent in the death ... for failure to properly construct the heater and ensure it was up to industry safety standards."

Joshua Wade Petrie, 27, lost his life in late May 2007, leaving behind his wife, two daughters and a then-unborn son. Most of the damages awarded in the wrongful death suit will go to the Petrie children.

It is unclear whether Exterran/Hanover -- which bears full responsibility for paying the judgment -- will appeal the jury's verdict. It may find doing so difficult, though, since the jury determined that Petrie bore no liability for the deadly explosion that occurred when he attempt to light the burner on the oil heater.

When companies cut corners on construction, inspections and safety, workers too often suffer life-changing injuries or die. Oil and gas companies -- and construction, shipping and mining companies -- cannot put speed, profit or any other consideration above worker's health. While no amount of money can replace a lost husband and father, I applaud the Texas jurors for holding Exterran/Hanover and Quicksilver to account for their negligence.

EJL

Deck Collapse in Richmond Causes Serious Injuries

blog@www.hsinjurylaw.com (blog Author)33783 — Sat, 19 Jun 2010 08:00:00 EST

Be cautious when having a get-together at a rental property. A group of Virginia Commonwealth University students were seriously injured at a house party in Richmond, Virginia (VA). Guests were on a second floor deck when it collapsed and crashed to the ground. The injuries sustained included a fractured back, contusions, and muscle sprains, according to Virginia Lawyers Weekly.

A city inspector determined the deck violated building and housing codes and the allegations against the property owner included gross negligence and fraudulent concealment.

The victims of this deck accident sought legal counsel and were able to secure a $110,000 settlement.

This situation is an example of how important it is to stay on top of property maintenance and inspections. If the upkeep of a home or condo is ignored, terrible accidents like this will occur. Almost 2,000 people have been seriously injured and 30 people died in deck collapses accidents between 2000 and 2006, according to the North American Deck and Railing Association.

Jim Lewis Accepts Adjunct Professor Position at William and Mary Law

blog@www.hsinjurylaw.com (news Author)15603 — Fri, 18 Jun 2010 08:00:00 EST

Jim Lewis recently accepted an invitation to become an adjunct professor of Trial Advocacy at the William and Mary law school. Jim is an alumni of the law school and has enjoyed a successful career as a trial lawyer in the Tidewater area.

According to the law school's web site, Trial Advocacy "will deal with trial strategy, jury selection, opening statements, presentation of evidence, including the examination of witnesses, closing arguments, and preparation of jury instructions."

Jim continues to practice personal injury law and will teach the course in the evenings.

Attorney Discusses Traumatic Brain Injury Treatments

blog@www.hsinjurylaw.com (news Author)15612 — Fri, 18 Jun 2010 08:00:00 EST

A traumatic brain injury can be caused by exposure to explosions, hitting your head after a slip and fall, or even being jerked around forcefully (like during a car accident). Unfortunately, most people don't seek medical care after receiving a TBI - even those who are severely incapacitated as a result. To learn more, check out this article:

Department of Defense Issues New Directives on Traumatic Brain Injury Treatment

The Danger of Older Drivers

blog@www.hsinjurylaw.com (blog Author)33726 — Fri, 18 Jun 2010 08:00:00 EST

The rate of fatal car wrecks involving drivers age 85 and older is nine times as high as the rate for drivers age 25 to 69. In fact, drivers older than 65 have one of the highest car accident rates per miles driven, according to smartmotorist.com.

Those numbers are bad, but what is even more distressing is the fact that in the next two decades, the number of elderly drivers (someone age 70 and older) is predicted to triple in the United States. That could lead to a spike of serious injuries or lives lost in car crashes involving older drivers.

This is not meant to be a criticism of older drivers or an indictment against their driving skills. It is just an undeniable fact of life that as we get older, our vision starts to get a little worse and our reaction time slows a bit. These factors make an older driver more susceptible to causing a major car accident.

All of us need to keep a watchful eye over our elderly loved ones and how they are driving. If you notice your loved one is having trouble noticing stop signs, other vehicles on the road, and/or operating the car, it may be time to suggest getting some assistance for transportation.

This can turn into a very awkward conversation, especially if your loved one is "independent minded" and do not want to acknowledge the fact that their driving skills are deteriorating. But having this conversation and taking the steps necessary to keep your loved one safe is far better than letting them continue to drive and potentially hurt themselves, or someone else, in a major car wreck.

Motor Bike Rider in Petersburg, VA Killed in Accident with School Bus

blog@www.hsinjurylaw.com (blog Author)33732 — Fri, 18 Jun 2010 08:00:00 EST

A Petersburg, Virginia (VA) man was killed Tuesday afternoon after his motorcycle hit a Petersburg Public school bus, according to NBC 12 in Richmond.

Ron Brown, 38, died from injuries he received in the collision at the intersection of Dupuy Road and Pleasants Lane at approximately 2:33 p.m. Tuesday, the report said.

None of the 21 students, who all attend Vernon Johns Middle or Petersburg High School, were injured in the motorcycle-bus accident.

The wreck is still under investigation by the Petersburg Police and further details have not been released at this time.

Many questions need to be answered about this tragic crash. Was the bus driver distracted? Was there a mechanical issue with either vehicle? The motor bike-bus wreck occurred at an intersection so does that mean one of the vehicles may have run a stop sign or made an illegal turn? We'll have to wait and see what the accident report reveals.

Students were transferred to another bus shortly after the accident. School officials will have grief counselors on hand at both schools to speak with students who witnessed the accident.

Motorcycle accidents can have deadly affects and our law firm has experience in protecting the rights of motor bike riders on the road. We've also written about the rise of serious injuries and lives lost in motorcycle accidents.

Railroad Wokers Who Text Are Puting Themselves and Others At Risk

blog@www.hsinjurylaw.com (news Author)15580 — Thu, 17 Jun 2010 08:00:00 EST

My colleague published an article about the risks associated with texting on the job and how those risks are escalated even further if you are a railroad worker. Check out the article here:

Texting Railroad Workers Present Safety Risk

$1.35M Settlement Reached in Fatal Crash Caused by Kentucky (KY) Police Officer

thoroughcursor@gmail.com (blog Author)33553 — Thu, 17 Jun 2010 08:00:00 EST

The June 14, 2010, Louisville Courier-Journal ran an article that begins, "Louisville Metro Government has agreed to pay $835,500 to settle a lawsuit filed over the death of a man killed when a police officer struck him as he put gasoline into a friend's stranded vehicle along Interstate 64."

The paper goes on to explain that investigations showed that veteran Police Officer Kenten Measle was exceeding the posted 55 mph speed limit at the time of the fatal accident. The officer was off duty but reporting for a shift. He claims he entered the I-64 emergency lane to both reach an exit more quickly and in order to avoid a rear-end collision with another that car that unexpectedly slowed down in front of him.

The official crash report cites Measle's inattention as a contributing cause of the accident in which 37-year-old father Donnie Puente lost his life and two passengers in the vehicle Puente was attending to became injured. The passengers received cash settlements totaling $535,000 as compensation for their injuries, which required hospital treatment.

Large settlements are justified for an accident in which a police officer killed a man working on a disabled vehicle while speeding, driving distractedly, cruising in a highway emergency lane (shoulder) and failing to observe Kentucky's move over law. Drivers, passengers, pedestrians and all member of the general public rely on police officers to enforce safe driving law. Citizens must also be able to absolutely trust police officers to follow all those laws.

EJL

Company Offers Training Video to Teach Transit Employees the Dangers of Distracted Driving

blog@www.hsinjurylaw.com (blog Author)33670 — Thu, 17 Jun 2010 08:00:00 EST

Bus drivers have a responsibility to get their passengers to and from their destinations safely. But with the advent of cell phones, Blackberry's and other gizmos, some bus drivers have become distracted while operating their mass transit vehicle. This distraction puts passenger's lives in danger and increases the likelihood of a major bus crash.

In recent years, mass transit companies have worked to teach their drivers how distracted driving can have deadly consequences, according to a story in Mass Transit Magazine.

Here's a video illustrating what can happen when a bus driver engaes in texting while driving...

The story details Metro Transit in Minnesota and efforts to teach their bus drivers better safety practices. The company spent $13,000 to revamp an old training video to include the risks associated with using technology while driving.

Aurora Pictures, the production company that updated the video, also produced a generic training guide and it is being sold to other mass transit companies. Metro Transit officials claim the training video helped decrease the number of mass transit accidents and customer complaints.

The article stresses the importance of companies holding their drivers accountable for their actions. In Virginia and North Carolina, school bus drivers are restricted from using their cellular phones while driving.

My colleagues and I have written about the dangers of bus drivers talking on the phone or other forms of distracted driving. We've also documented the efforts to ban texting while driving in Virginia (VA).

SCF

$1.35M Settlement Reached in Fatal Crash Caused by Kentucky (KY) Police Officer

blog@www.hsinjurylaw.com (blog Author)33562 — Wed, 16 Jun 2010 08:00:00 EST

The June 14, 2010, Louisville Courier-Journal ran an article that begins, "Louisville Metro Government has agreed to pay $835,500 to settle a lawsuit filed over the death of a man killed when a police officer struck him as he put gasoline into a friend's stranded vehicle along Interstate 64."

EJL

Flight Attendant Saves 225 Lives By Landing Jumbo Jet

jlewis@hsinjurylaw.com (blog Author)33612 — Wed, 16 Jun 2010 08:00:00 EST

Our firm regularly reports on accidents that have a tragic and unfortunate ending; a life is lost or someone suffers a very serious, life-altering injury in an accident. But there are those wonderful moments when an accident is averted and lives are spared from an abrupt end.

This was the case for American flight 1612 featuring a Boeing 767 airliner. The first officer in the cockpit suddenly fell ill and someone was needed to help manage the flight controls. If no one was found, the risk of a major plane crash would increase dramatically. Keep in mind, there were 227 passengers aboard the plane. Enter flight attendant Patti DeLuna.

In this critical moment, Mrs. DeLuna took over for the first officer and helped successfully land the plane.

"I was thinking about survival. I was thinking about getting it down the best I could," said DeLuna to chicagobreakingnews.com. "I don't feel like a hero. When you work on an airplane, you work as a team. You do whatever you can do to help."

The first officer that fell ill received treatment by paramedics and taken to a local hospital. The passengers had no idea what happened during the flight.

This was an impressive feat by Mrs. DeLuna, who only had an expired pilot's commercial certificate and 300 flights hours operating a small Cessna airplane under her belt. As a licensed pilot, I can say first hand that it would be a daunting challenge for most pilots to go from a Cessna to a Boeing 767.

Mrs. DeLuna said she wasn't a hero. We respectfully disagree.

Attorney Answers Frequently Asked Question About Med Pay Insurance

blog@www.hsinjurylaw.com (news Author)15540 — Tue, 15 Jun 2010 08:00:00 EST

Attorney Emily Mapp Brannon answered a frequently asked question about Med Pay. It is a relatively inexpensive benefit that can help cover unexpected co-pays, deductibles, and medical bills. To learn more, check out the answer to the FAQ here:

Med Pay and How Can It When You or a Loved One Suffered a Serious Injury in a Car Wreck

My Doctor and His Nurses were Rude to Me, Is This Malpractice?

blog@www.hsinjurylaw.com (news Author)15541 — Tue, 15 Jun 2010 08:00:00 EST

Attorney Emily Mapp Brannon answered a frequenlty asked question about medical malpractice claims. Bad bedside manner, like rudeness, does not amount to medical malpractice. Usually, malpractice revolves around permanent and catastrophic injuries. To learn more, check out the answer to this FAQ here:

Rudeness is Not Medical Malpractice

Drunk Driver Who Severely Injured Pedestrian in Hit-and-Run Convicted in Virginia Beach

blog@www.hsinjurylaw.com (blog Author)33460 — Tue, 15 Jun 2010 08:00:00 EST

Drunk and apparently distracted by text message coming in on his cell phone, Virginia Beach, VA, resident Dorek Emanuel Hayes hit Mary Edwards as the 72-year-old woman attempted to cross Honeygrove Road in the early evening of December 30, 2009. Edwards suffered "broken legs and ankles, cracked ribs and bruised lungs" in the hit-and-run accident and remains hospitalized, according to the Virginian-Pilot.

View Larger Map

After pleading guilty to both a felony charge of DUI and causing serious injury while driving drunk, Hayes also received a conviction on charges related to leaving the scene of an accident. He will be sentenced on August 30, 2010, when he could receive as much as 10 years in jail.

The past six months have seen several serious and deadly pedestrian accidents in Virginia Beach and the other cities of Hampton Roads. Drivers in the Commonwealth normally must stop for pedestrians in crosswalks and at corners, but people in cars and trucks need to watch out for even people crossing in the middle of the street. Even when pedestrians act irresponsibly, drivers need to remember that they can cause life-threatening and fatal injuries. And certainly, if an accident does occur, drivers must stop and attend to the victim.

The conviction of the man who hurt her may bring Edwards some mental comfort, but her physical pain will likely continue for several more months -- if not years. I wish her a speedy recovery.

EJL

New Rules Could Permanently Restrict Railroad Employees Use of Cell Phones and Other Electronic Devices

blog@www.hsinjurylaw.com (blog Author)33449 — Mon, 14 Jun 2010 08:00:00 EST

The Metrolink rail accident in 2008, which resulted in serious injuries and 25 deaths, led U. S. Transportation Secretary Ray LaHood to consider having the Federal Railroad Administration (FRA) propose rules and regulations on railroad employees using Personal Electronic Devices (PEDS), while on duty.

There is already a temporary restriction for cell phone use in place. The talk now is to have a permanent restriction in place. Check out my article about the original emergency order restricing cell phone use for railroad workers here.

This is but another issue in the on-going debate of whether or not using PEDs while driving cars, large commercial trucks, and other vehicles should be subject to fines or other forms of punishment.

PEDs can include devices other than cell phones. They can also include portable music players (commonly referred to as "iPods"), personal digital assistants (PDAs-small handheld devices that help a person keep track of appointments or other similar information), and other electronic instruments.

The new restrictions make sense considering rail workers and locomotive engineers have the safety and security of potentially hundreds of lives (i.e. passengers and co-workers) while they are on the job. It should go without saying that operating a train requires 100 percent attentiveness. Any less and a massive train wreck could be the result.

Railroad Workers and Texting

blog@www.hsinjurylaw.com (blog Author)33380 — Sun, 13 Jun 2010 08:00:00 EST

In the aftermath of the railroad accident involving a Metrolink railroad worker was texting at the time the accident occurred, there has been a push for cell phone use, especially texting, to be restricted or even banned all together while operating a train. This push isn't new. Many states have passed laws imposing fines for car drivers caught texting.

Given the damage a major train crash can inflict upon the passengers in the train and the unfortunate car or truck that winds up getting hit by the train, it makes sense to restrict texting while rail operators are on the job.

Many studies indicate texting while operating a vehicle is 23 times more dangerous than not texting. It's even been compared to drunk driving. We wouldn't allow a rail engineer to operate a train drunk, so why should they be able allowed to text while on the job?

We all need to understand just how distracting cell phones and texting can be. It requires looking down and focusing on typing the text as opposed to operating your vehicle. In that split second, you may wind up getting into an accident and suffering a serious injury like a broken neck, severed limb, or traumatic brain injury.

I'm glad to hear this serious safety issue is being brought up. Our firm wrote a free consumer guide about the risks associated with distracted driving. Check it out here.

More Ikea Window Blinds Recalled Over Strangulation Risks

blog@www.hsinjurylaw.com (blog Author)33255 — Sat, 12 Jun 2010 08:00:00 EST

Ikea and the U.S. Consumer Product Safety Commission on June 10, 2010, announced an expanded recall of window blinds with draw strings and connecting cords that can trap, injure and kill young children. Many Ikea blinds have been recalled previously for similar safety problems.

The CPSC and company have identified the following potential hazards from the recalled blinds:

Roller blinds: Strangulations can occur if the blind's looped bead chain is not attached to the wall or the floor with the tension device provided and a child's neck becomes entangled in the free-standing loop.
Roman blinds: Strangulations can occur when a child places his or her neck between the exposed inner cord and the fabric on the backside of the blind or when a child pulls the cord out and wraps it around his or her neck. An additional hazard exists when the Roman blind has a continuous looped bead chain that if not attached to the wall or floor, which poses a strangulation hazard to children.

Roll-up blinds: Strangulations can occur if the lifting loops slide off the side of the blind and a child's neck becomes entangled on the free-standing loop or if a child places his/her neck between the lifting loop and the roll-up blind material.

To date, only the Roman blinds have caused reported injuries to children. Parents should immediately replace any Ikea-brand blind that lack one of the draw string tension devices pictured here.

The last 12 months have seen numerous safety recalls of products because of the risks those products pose to children's health, mental and physical development and lives. Poisonous and carcinogenic cadmium has been found in paints used of McDonald's Shrek collectible glasses and costume jewelry. Millions of drop side cribs with malfunctioning latches have been identified as deathbeds for infant and toddlers. Hinges on numerous models of strollers have been found to put children at risk for finger amputations. Collapsing highchairs have harmed hundreds of babies.

EJL

Our VA-Carolina Personal Injury Law Firm Specially Recognized By Google Local

blog@www.hsinjurylaw.com (blog Author)33360 — Sat, 12 Jun 2010 08:00:00 EST

Google recently named our personal injury law firm one of the most popular local Virginia Beach businesses to visit on "Google Places," an online Google platform featuring small businesses in a local area. Less than 1 percent of all U.S. businesses received this distinction.

Our firm is honored to receive this special recognition from Google, which analyzes the data of the number of consumers that not only see a local business listing, but that decide to click on that listing. We believe personal injury law is all about the client and we want to reach people in need of legal representation after suffering a serious injury in Virginia Beach, Norfolk, Portsmouth, Hampton, Suffolk, Williamsburg, Newport News, Chesapeake, and anywhere else in and around Virginia (VA) and also provide ethical and competent personal services. Our firm also reached out to the local community in both the Elizabeth City, North Carolina (NC) and the Hampton-Newport News, VA areas as well.

We will continue to reach out to the local community and if you happen to see our profile on "Google Places" feel free to click into our injury law website and take a look at what we have to offer. You may not need an injury lawyer, but you may have a friend who recently got into a car wreck with a distracted driver, or a sibling who suffered a slip and fall knee injury, as just a few examples. These are injury law situations where we may be able to help.

Early School Start May Contribute to Drowsy Driving Car Accidents

jlewis@hsinjurylaw.com (blog Author)33259 — Fri, 11 Jun 2010 08:00:00 EST

Teenagers in Virginia Beach, Virginia (VA) must be at school by 7:25 a.m. Teenagers in Chesapeake must be at school at 8:40 a.m. If you compare car accident rates, Va. Beach is 41 percent higher than in Chesapeake, according to a study conducted by a doctor at the Eastern Virginia Medical School.

Is the higher car wreck rate just a coincidence? Maybe; no one can say for sure at this time, but it's a correlation to consider. For example, car crash rates in the afternoon were higher in Va. Beach and teens get out of school at around 2 p.m., according to The Virginian-Pilot..

Medical studies have shown that teenagers have biological sleep patterns that naturally shift toward later times and teens actually need more sleep than adults. The National Sleep Foundation reports roughly 15 percent of all teenagers do not get an adequate amount of sleep every night.

Requiring teenagers to get up at the crack of dawn may lead to a higher percentage of drowsy drivers on the road and tired drivers are more prone to mistakes. Those mistakes may lead to a major car crash and serious injuries like a broken neck, severed limb, or traumatic brain injury.

Drowsy driving leads to roughly 100,000 car wrecks every year and more than half of all "dosed off" car crashes involved a driver younger than 25. These wrecks lead to 1,500 lives lost and 71,000 serious injuries, according to the National Highway Traffic Safety Administration.

So we should just start school later, right? That's one idea, but there are many factors that need to be considered when shifting to a later school schedule. For example, you have to consider athletic programs, after-school jobs or internships, and the conflict with teenagers who help take care of younger siblings.

Plus, we're not just talking about Va. Beach. The high schools in Norfolk, Portsmouth, and Suffolk all start before 8:00 a.m.

If the results of the study conducted by the EVMS doctor are substantiated by further examination, many school districts in and around Hampton Roads may need to look at reforming the school schedule. Nevertheless, you should address this issue with your teen and emphasize the importance of getting to bed early so they can get as much rest as possible.

To learn more about the dangers of drowsy driving and "dosing off" car wrecks, check out this article:

Asleep at the Wheel: Drowsy Driving Increasing

Insurance Company Accuses Customer of Stealing and Burning Their Car

blog@www.hsinjurylaw.com (news Author)15440 — Thu, 10 Jun 2010 08:00:00 EST

State Farm denied a claim by accusing their own customer of stealing their car and having it burned. The customer fought this outrageous accusation and won nearly $24,000 in a jury award. To learn more, check out this article:

Insurance Company Accuses Own Customer of Stealing and Burning their Truck

Back Surgery and Medication May Not Be Necessary To Treat Your Injury

blog@www.hsinjurylaw.com (news Author)15419 — Wed, 09 Jun 2010 08:00:00 EST

If a doctor recommends back surgery, it would be wise to seek a second opinion. Many people suffer from back pain but 90 percent will heal on their own within weeks. Don't let a doctor rush you into a serious surgical procedure. To learn more, check out this article:

Some Doctors Go Overboard Trying to Treat Back Pain

Small Plane Crash in Edenton, NC Causes Death, Injury

blog@www.hsinjurylaw.com (blog Author)33135 — Wed, 09 Jun 2010 08:00:00 EST

In his latest post to the Northeast North Carolina (NC) Injuryboard, my colleague and license pilot Jim Lewis reports that a crash involving a Beechcraft 60 "Duke" aircraft took the life of an Edenton man and injured a man from Suffolk, Virginia (VA). Jim notes that investigators had not identified the cause of the fatal accident, but he also points to a Federal Aviation Administration warning concerning the flaps on Beechcraft 60 planes.

EJL

10 Virginia Drivers Killed in Car Wrecks Over Memorial Day Weekend

blog@www.hsinjurylaw.com (news Author)15404 — Tue, 08 Jun 2010 08:00:00 EST

In 10 separate accidents, 10 people were killed in Virginia (VA) over Memorial Day weekend. Many of these wrecks occurred in Hampton Roads including Virginia Beach, Chesapeake, and Newport News. To learn more, check out this article:

10 People Killed in 10 Different Accidents Over Memorial Day Weekend in Virginia

Student-Athletes At Risk for Traumatic Brain Injuries

blog@www.hsinjurylaw.com (blog Author)33011 — Tue, 08 Jun 2010 08:00:00 EST

Over 1 million people suffer a sports-related concussion (a form of brain injury) every year. Once a person sustains a concussion, they are 4-6 times more likely to sustain a second concussion. There are multiple examples of student athletes who have developed a concussion during a game, appeared fine, were sent back into the game only to sustain a severe brain injury as a result.

The majority of people who suffer brain injuries - even a mild injury - may not even know they have experienced one. If you are a parent of a student athlete, it is important that you become aware of brain injury and its symptoms. See the re-cap below of a high school student's recent traumatic brain injury.

A high school baseball player was in critical condition after suffering a traumatic brain injury during a practice game, according to the Huffington Post. The Northern California teen, Gunnar Sandberg, was reportedly hit in the head by a line drive while pitching on March 11, 2010 and has been in a coma since the accident.

Although doctors were not pleased with what they saw in a recent brain scan, they reported positive activity for at least two days in a row sometime after the scan.

According to reports, the hitter was using a metal bat when Sandberg was struck and suffered the life-threatening brain injury, raising concerns about the use of metal bats in high school, since many believe metal bats make the baseball travel faster than wooden bats reducing the amount of time pitchers and other players have to react. Sandberg's school switched to wooden bats for the rest of the season, with other schools in the area being asked to follow suit, but the debate on the use of metal bats continues.

My deepest condolences go out to the family of Gunnar Sandberg and I hope he makes a full and speedy recovery. As a father, I don't know what I'd do if my child suffered an injury like this. It's heart breaking.

Medical Mistakes Increase in July

blog@www.hsinjurylaw.com (news Author)15366 — Mon, 07 Jun 2010 08:00:00 EST

A study found that medical errors jump 10 percent in the month of July at teaching hospitals. Is this just a coincidence or is there a higher chance of suffering a serious injury or loss of life at one of the medical centers? To find out, read this article:

Failing Grade: Medical Error Deaths in Teaching Hospitals Spike in July

Shore Drive Speed Limit Reduced to 35 MPH

blog@www.hsinjurylaw.com (news Author)15370 — Mon, 07 Jun 2010 08:00:00 EST

The speed limit on a four-mile stretch of Shore Drive will be reduced from 45 mph to 35 mph. This was in response to an outcry from Virginia Beach, Virginia (VA) residents who were greatly concerned about the number of people killed by speeding cars while crossing Shore Drive. To learn more, check out this article:

Shore Drive Speed Limit Reduced to 35 MPH

Attorney Explores the Risk of Falls and Fractures at Hospitals

blog@www.hsinjurylaw.com (news Author)15371 — Mon, 07 Jun 2010 08:00:00 EST

Roughly 10 percent of all fatal falls for older citizens occur in hospitals. Given the likelihood of serious injuries like a hip fracture in hospitals and nursing homes, these facilties should have procedures in place to take care of your loved one's injury. If they don't or simply neglect your loved one's care, this can be considered a form of nursing home abuse. To learn more, check out this article:

Falls and Fractures in Healthcare Facilities

Fatal medical errors increase each July due to new doctors

jlewis@hsinjurylaw.com (blog Author)32933 — Mon, 07 Jun 2010 08:00:00 EST

More medical errors occur in July because of new doctors, according to a study conducted by University of California professor David Phillips and student Gwendolyn Barker.

The study, which is published in the Journal of General Internal Medicine, notes that medical errors, such as accidental overdose and administering the wrong drug, increase when “thousands of new students began their residencies at teaching hospitals across the country,” typically in the month of July.

According to their findings, which took into consideration deaths caused by medication error from 1979 to 2006, July has the most deaths due to drug error. In fact, deaths due to drug error are about 10 percent higher in July than any other month. Phillips and Barker note that July is “the only month in the given year to see such a dramatic increase.”

But the study’s findings are only true in areas that have teaching hospitals and only when a drug mistake resulted in a patient’s death. Phillips told Medpage Today that “there was no ‘July effect’ in counties without teaching hospitals.”

Since this study has highlighted a pattern in medical errors, particularly errors in drug administration, hospitals should take note and revise their training formats for new doctors. Incorrect drug administration can lead to permanent injury and in many cases death, as this study has shown. Over the 27-year study, Phillips and Barker researched, “244,388 U.S. death certificates with a cause of death linked to medication errors.”

Phillips said that this information should spark hospitals to “re-evaluat[e] responsibilities assigned to new residents, increase[e] supervision of new residents, and increase[e] education concerned with medication safety.” Our law firm wholeheartedly agrees. Now that information has been published and is readily available, hospitals should use it to better ensure the safety of their patients.

Fatal Indianapolis Wedding Bus Crash Involved Run Red Light, Unlicensed Driver

blog@www.hsinjurylaw.com (blog Author)32935 — Mon, 07 Jun 2010 08:00:00 EST

The newswires buzzed this past Sunday and Monday with report of a supposedly happy ending to story that began with a deadly traffic accident in downtown Indianapolis on the afternoon of June 5, 2010. A chartered shuttle bus carrying a wedding party and guests collided with a Chevy Yukon, injuring more than a dozen people on the bus. Also, one of the groomsmen died at the scene after suffering a severe brain injury when the bus, hired from the Mavris Arts & Event Center, spun at least 90 degrees and flipped onto its side.

The positive spin put on the story was that the bride and groom went through with their marriage ceremony at the hospital where they and their injured friends and family members received treatment. Police investigations into the accident painted a darker picture.

Eyewitness accounts and reconstructions indicate that the bus driver ran a red light, putting his passengers in the path of oncoming traffic. Further, the driver of the SUV, identified in press reports as Camilo Ortega-Aldarbo, did not have -- and had never held -- a driver's license.

So the bus driver failed to heed a traffic signal and fatally endangered his passengers. At the same time, the driver of the SUV seems to have been an accident waiting to happening. Such an accident did happen, and 29-year-old father James Douglass lost his life.

Bus companies and drivers literally hold passengers' lives in their hands. Likewise, every driver on the road needs to be licensed and alert and able to respond to unexpected situations such as another vehicle running a red light.

My thoughts go out to the Douglass family and everyone affected by his untimely passing.

EJL

McDonald's recalls 12 million Shrek glasses containing cadmium.

blog@www.hsinjurylaw.com (blog Author)32937 — Mon, 07 Jun 2010 08:00:00 EST

12 million McDonald's Shrek glasses are being recalled after the discovery of cadmium in the paint. Cadmium is a metal that can cause health risks, according to the Consumer Product Safety Commission (CPSC).

The recall comes in conjunction with the CPSC. While the levels of cadmium are low in these glasses, long term exposure can cause bad health effects such as kidney and bone damage (CNN). A CPSC spokesperson said that while no official acceptable cadmium-level standard currently exists for consumer products, the McDonald's glasses contain slightly more cadmium that what is now currently accepted.

The 16 ounce glasses had been available for sale at McDonald's stores to promote the third Shrek movie that recently hit the box office. The cadmium in question is used in the paint that depicts each of the four main Shrek characters. McDonald's is urging customers to immediately stop using the glasses. For additional information on this recall, customers may contact McDonald's at (800) 244-6227 Monday through Friday from 9am to 5 pm CT, or visit their website at http://www.mcdonalds.com.

While McDonald's has taken action to recall and discontinue the selling of the Shrek glasses, it is disturbing news that the recall was only issued after an anonymous informant notified the office of Congressional Representative Jackie Speier, Democrat from California. The public should not have to rely on secretive informants to reveal dangerous products that may result in harmful medical problems. Companies like McDonald's must do a better job of protecting the public from their mistakes, especially when those mistakes may turn out to be life-threatening in the long run.

BE

Williamsburg Man Hit and Killed While Crossing Street in Newport News

blog@www.hsinjurylaw.com (blog Author)32956 — Mon, 07 Jun 2010 08:00:00 EST

Stephen Shonka of Williamsburg, Virginia (VA) was crossing J. Clyde Morris Boulevard in Newport News, VA when he was hit and killed by a 2004 Acura. Mr. Shonka was only 34 years old.

We do not know exactly what caused this pedestrian crossing accident death. Police suspect Mr. Shonka's blood alcohol content was a "contributing factor," according to The Viriginian-Pilot. However, we should not jump to conclusions.

If it is determined the driver of the Acura was intoxicated or distracted and Mr. Shonka was walking in a properly designated crosswalk, then Mr. Shonka should not be deemed responsible, even if he was drinking that night.

This is important because Virginia still abides by an archaic law known as "contributory negligence." Essentially, this law states that if an injured person contributed even 1 percent to their accident, they are entitled to nothing in terms of a personal injury claim.

We will have to wait and see what the accident report reveals before determining who is held liable for this terrible crosswalk death.

Driving with Unrestrained Pets Like Cats Or Dogs: Can this be Distracted Driving?

blog@www.hsinjurylaw.com (blog Author)32957 — Mon, 07 Jun 2010 08:00:00 EST

Many drivers probably don't think twice about driving with their pets such as dogs or cats in the car, but they should, as this can be an extreme form of distracted driving.

Driving with unrestrained cats or dogs can be particularly dangerous for you, your passengers and your pets for a number of reasons. Primarily, failure to use proper restraints can have similar effects of drivers or passengers not wearing seatbelts. We all know that its virtually impossible not to freak out when a cat flies across the car on a turn, or when the pet dog bounds from one row of seats to another.

PetTravelCenter.com reports that "an unrestrained pet can become a deadly projectile in the event of a sudden stop or crash, causing serious injury, even death, to passengers." PetTravelCenter.com provides a startling example as well, noting that "an unsecured, 25-pound dog in a 40 mph crash becomes a 1,000-pound mass (half a ton) flying uncontrollably inside the vehicle." These statistics mean that a joy-ride with your pet could turn deadly if proper restraints aren't used.

Driving with unrestrained cats or dogs in the car can be hazardous for another reason too. ConsumerAffairs.com notes that in the event of an accident, an unrestrained pet could run into traffic and potentially cause another accident or get hurt itself. There is also the possibility that your cat or dog could run away or attack an emergency responder.

While talking on the phone, texting and eating are all easily identifiable forms of distracted driving, so too is driving with an unstrained pet. According to the New York Times, "Nearly 90 percent of pet owners say they travel with their pets...[and] 8 percent of drivers admit to driving with a pet in their lap." When your cat or dog is not properly restrained - in a harness, crate, carrier or car seat - your attention may be shifted off the road and on to your pet.

Christina Selter, the founder of Bark Buckle UP, an organization that seeks to educate pet owners on the importance of properly restraining pets while driving, reasons that if you buckle yourself and your children up, you should do the same for your pets. Doing so ensures your safety as well as the safety of your pets and other drivers around you.

cl

Nursing Home Abuse and Neglect

blog@www.hsinjurylaw.com (blog Author)32911 — Sun, 06 Jun 2010 08:00:00 EST

One of the hardest decisions family members may have to make is the decision to put a loved one in a nursing home. To make matters even more challenging, there is the real risk of nursing home abuse and neglect.

Most nursing homes try to give their patients the best care possible. However, when nursing homes are close to capacity and there is a shortage of qualified help, nursing home staff are known to neglect the residents, even after they've suffered a serious injury like a hip fracture or become very ill.

If you suspect your loved one is being neglected or abused, you may not know where to go to find out information on recent inspections and how the nursing home fared. There are websites which provide such information.

Other times, it does not take reading an inspection report for family members to be aware of unsafe conditions in a nursing home. It is those times, especially when a serious injury has occurred, when you should speak to a personal injury lawyer. A competent attorney should be able to access patient records and nursing home inspections. Further, they can file any necessary paperwork that may be needed to insure a patient's protection, especially if it is determined that a lawsuit will need to be filed.

Interstat 664 Police Chase Leads to 3 Car Wrecks

blog@www.hsinjurylaw.com (news Author)15353 — Fri, 04 Jun 2010 08:00:00 EST

Two teens in a stolen vehicle were chased by police, causing three car wrecks along the way. Luckily, nobody was injured. To learn more about these reckless drivers, take a look at this article:

Reckless Teenagers Chased by Police Cause 3 Highway Car Crashes on I-664

Who is Liable for a Car Crash Stemming from a Police Chase?

blog@www.hsinjurylaw.com (news Author)15357 — Fri, 04 Jun 2010 08:00:00 EST

Police chases are sometimes necessary; unfortunately, they can cause traffic accidents which may result in injury or even loss of life. When this happens to you or a loved one, you may not be sure who is responsible. Read this article, for some answers about police chases and personal injury lawsuits...

When Police Chases Result in Traffic Accidents, Who is Responsible?

Maytag Dishwashers Recalled Following Electrical Fires

jlewis@hsinjurylaw.com (blog Author)32717 — Fri, 04 Jun 2010 08:00:00 EST

Twelve reports of serious kitchen fires started by the overheating of electric heating elements have prompted Maytag to recall approximately 1.7 million dishwasher sold in the United States from February 2006 through April 2010. The recall, announced through the U.S. Consumer Product Safety Commission on June 3, 2010, affects dozens of models dishwashers bearing the brand names Maytag, Amana, Jenn-Air, Admiral, Magic Chef, Performa by Maytag and Crosley.

According to the CPSC, "Consumers should immediately stop using the recalled dishwashers, disconnect the electric supply by shutting off the fuse or circuit breaker controlling it, inform all users of the dishwasher about the risk of fire and contact Maytag to verify if their dishwasher is included in the recall." Owners of recalled machines can receive cash vouchers of $150 or $250 for their possibly defective dishwashers, depending on what they plan to do with the money. Maytag will post additional recall information to its Web site.

While federal and company officials are reporting that no people have suffered physical injuries or lost their lives in fires resulting from the overheating dishwaters, electrical fires can not be taken lightly. More than 300 Americans die each year in household fires started by malfunction electrical equipment and wiring. And, of course, any problems with electric wires or components of home appliances can cause serious contact burns, nerve damage and death by electrocution.

Maytag and CPSC personnel appear to be acting promptly and decisively to ensure the worst does not happen when the company's dishwashers malfunction. That is most welcome.

EJL

Maker of Dangerous Diabetes Drug Avandia Settles Injury Suits

blog@www.hsinjurylaw.com (blog Author)32830 — Fri, 04 Jun 2010 08:00:00 EST

GlaxoSmithKline announced on June 2, 2010, that it settled the first civil lawsuit brought by a diabetes sufferer who claimed he had a heart attack after taking Avandia (rosiglitazone). The drugmaker acknowledged that it still faced hundreds of lawsuits in U.S. federal courts despite widespread reports circulated in May that it had settled a group of other Avandia liability suits.

My colleagues and I have written several times about the growing evidence of the health risks taking Avandia poses to patients already facing serious, lifelong health problems. Avandia use has been linked to signifcant increases in heart attacks, cardiovascular disease, bone fractures and liver damage. The U.S. Food and Drug Administration has required GSK to add strict warnings to Avandia's label about the potential for severe side effects, and the agency scheduled an advisory committee meeting for this July to consider whether Avandia should remain on the U.S. market.

Regardless of the panel's and, ultimately, the FDA's, decision, the millions of people with diabetes who have and may take Avandia do appear to be at risk from the very medication prescribed to help them. While no drug is 100 percent safe for all users at all times, drugmakers and regulators need to act to protect patients when drugs start harming large numbers of users. Offering monetary settlements is one response, but more decisive action might be called for.

EJL

Lower Shore Drive Speed Limit May Save Lives

jlewis@hsinjurylaw.com (blog Author)32845 — Fri, 04 Jun 2010 08:00:00 EST

In his latest post to the Virginia Beach Injuryboard, my colleague Rick Shapiro notes with approval that city road officials have implemented a plan to lower the speed limit along most of Shore Drive. The change from 45 mph to 35 mph between Pleasure House Road and West Great Neck Road comes in the wake of two pedestrians' deaths along Shore Drive between October 2009 and May 2010. In all, ten pedestrians have been killed after being struck by cars or trucks on Shore Drive since 2002.

EJL

Reckless Teenagers Chased by Police Cause 3 Highway Car Crashes on I-664

blog@www.hsinjurylaw.com (blog Author)32861 — Fri, 04 Jun 2010 08:00:00 EST

Two teens caused quite a bit of mayhem as they evaded police on Interstate 664 (I-664) in Newport News, Virginia (VA) Wednesday evening. As the teen driver was pursued by authorities, they were involved in three car crashes along the way.

Reports indicate the 15-year old driver and 17-year-old passenger stole a silver Chrysler that matched the description of a vehicle that was used in a Newport News shooting the previous evening. Officers chased the vehicle down I-664 before they were able to successfully end the chase near Pughsville Road in Chesapeake, VA.

Luckily, nobody was injured in any of the three car wrecks caused by the unlicensed teen driver. However, many drivers are not so lucky. The careless driving behavior of many teenagers presents a dangerous risk to other drivers on the road. In a flash, you could wind up colliding with a reckless teen driver and suffering a serious injury like a broken neck, torn muscle, severed limb, or traumatic brain injury.

Charges have been filed against the teens including possession of marijuana, reckless driving, theft of a vehicle, and leaving the scene of an accident, according to the Virginian-Pilot.

This incident highlights the importance of driving with an awareness of the dangers around you. You always have to be on guard as evident by this incident. One moment, traffic can be flowing smoothly and then havoc ensues with reckless teens displaying a complete disregard for the safety of other vehicles on the road while evading police.

More accidents occur on holidays, reports NHTSA

blog@www.hsinjurylaw.com (blog Author)32769 — Thu, 03 Jun 2010 08:00:00 EST

Memorial Day weekend - from the east coast of Virginia Beach, VA to the western part of Virginia at Roanoke - was a time of celebration and relaxation for many, but for the families and friends of ten people who died in automobile accidents over the holiday, it was a time of mourning.

According to The Roanoke Times, Virginia roads saw ten deaths over the holiday weekend-six car accidents, three motorcycle accidents, and one pedestrian accident. Failure to wear a seatbelt was a factor in six of the crashes, reports the Times.

We sympathize with families of the victims and send out deepest condolences out to them. It is never easy to lose a loved one, especially in the sudden and unexpected manner of automobile accidents.

While we look forward to holidays, time off and relaxing with families and friends, we should also exercise extra caution during these times. Statistically, it is more dangerous to be on the roads during holidays.

According to a study conducted by the National Highway Traffic Safety Administration (NHTSA), "speeding-related crash fatalities....are higher during holiday periods when compared to overall percentage of the year." The study, which analyzes fatal crashes between 1994 and 2003, further reports that "January 1 and July 4 were the two days with the most speeding-related crash fatalities."

This Memorial Day, Virginia State Police had their hands full from I-64, 1-81 and I-95. The Roanoke Times reports that "officers investigated 646 traffic crashes, gave out 10,592 tickets for speeding and 2,609 tickets for reckless driving, arrested and charged 121 drivers with driving under the influence, contacted 1,007 adults who were not wearing seat belts and identified 307 children not properly restrained."

Our firm believes these numbers are way too high. As drivers, we need to step up and take simple preventative measures to make our roads safer. Another holiday - July 4 - is fast approaching. Driving the speed limit, wearing your seatbelt and driving sober are just a few of many things drivers can do to keep themselves and others safe while enjoying the holidays.

2 People Killed After Axle on Tractor Trailer Malfunctioned

blog@www.hsinjurylaw.com (news Author)15318 — Wed, 02 Jun 2010 08:00:00 EST

Two people were killed in a truck crash on Interstate 85 (I-85) in Brunswick, Virginia. The tractor trailer they were in had an axle break which caused the trailer to veer off the road and hit numerous trees. To learn more, check out this article:

Axle Malfunction Leads to Tractor-Trailer Wreck in Brunswick, 2 People Killed

Surveillance Cab Cameras Cause Controversy with Rail Workers

blog@www.hsinjurylaw.com (news Author)15321 — Wed, 02 Jun 2010 08:00:00 EST

Metrolink engineers are not happy with surveillance cameras being added to their control cabs. Some engineers have even tampered with the cameras which resulted in disciplinary action. Are these cameras a good safety tool or a way for rail companies to find reasons to punish their employees? Find out by reading this article:

Controversy Over Surveillance Cameras in Control Cabs Heats Up

Texting and Driving Risks Driven Home by Newport News Students' PSA

blog@www.hsinjurylaw.com (blog Author)32571 — Wed, 02 Jun 2010 08:00:00 EST

Days after Christmas 2009, a young Arizona mother died after a teenager slammed head-on into her car. The teen was texting while driving. Such fatal automobile accidents have been rare in Virginia, but the potential for such tragedies is high. According to real-word driving studies performed by Virginia Tech researchers, using a cell phone or other handheld device to send a text message takes a driver's eyes off the road for an average of 5 seconds. It can take less than a second's inattention to put you in a roadway situation you can't control.

Virginia has joined about half of the states in banning texting while driving and imposing stiff penalties for distracted driving. The federal government has also forbidden texting in government vehicles. Not everyone -- especially high school and college students -- seems to be getting the message about the dangers and legal consequences of texting behind the wheel, however. Recognizing this a group of Newport News high schoolers have produced this video for their peers:

(see http://www.nnpstv.com/index.php?option=com_seyret&Itemid=53&task=videodirectlink&id=303)

"The road is dangerous enough without any distractions at all," Menchville High junior Taylor Henkel told the Daily Press about the public service announcement made with the support of local law enforcement and emergency medical personnel. "Nothing is that important that it can't wait 10 to 15 minutes for you to drive home."

The students' goal is to have their video shown in schools throughout Virginia and, possibly, on the Oprah Winfrey Show as part of the talk show host's campaign to eliminate texting while driving. Whatever audience the video reaches, I hope viewers will heed its message.

EJL

Attorney Achieves Settlement in Wrongful Death Truck Accident Case

blog@www.hsinjurylaw.com (news Author)15304 — Tue, 01 Jun 2010 08:00:00 EST

Attorney John Cooper successfully settled a wrongful death truck wreck case that stemmed from a truck accident in Shenandoah County, Virginia (VA). The exact settlement amount is kept confidential, but we can report the client was very pleased with the outcome. To read more about this case result, check out the details here:

Man Hit By Truck While Exiting Vehicle - Wrongful Death Settlement

Nursing Home Put Profits Over Patient Care, Now Required to Pay $29 Million in Damages

jlewis@hsinjurylaw.com (blog Author)32633 — Tue, 01 Jun 2010 08:00:00 EST

Horizon West, a company operating 33 nursing homes, was found liable for delaying care the care of a 79-year-old woman who suffered a fractured hip and bed sore that led to her death. As a result, Horizon West will pay a $29 million in damages to the family of the elderly wrongful death victim.

During trial, it was revealed that Horizon West consistently understaffed their nursing homes and failed to provide adequate care to their patients. The woman who died due to Horizon West's neglect was not diagnosed and treated for her hip fracture for eight days. She eventually developed a bed sore, which was listed as the cause of death on her death certificate, according to lawyersusaonline.com.

The statistics on nursing home abuse and neglect are disturbing. Research indicates that more than one in ten elderly individuals may experience some type of abuse at a nursing home, but less than one in five cases are reported, according to the National Center for Elder Abuse. That means we don't know the full extent abuse and neglect in facilities across the country.

If you suspect your loved one is being neglected or physically abused at their nursing home facility, call 1-800-677-1116 for information from the U.S. Administration on Aging. In addition, review this site which has links to hotlines where you can report nursing home abuse to state officials and agencies.

You should also contact a nursing home abuse lawyer to discuss the situation your loved one is in and if filing a personal injury claim is appropriate. Contact us for a free case analysis at 1-800-752-0042.

Motor Bike Rider Loses Leg in Hit-and-Run Accident

blog@www.hsinjurylaw.com (blog Author)32647 — Tue, 01 Jun 2010 08:00:00 EST

Fleeing the scene of an accident, also called a hit-and-run, is never the right course of action. A prime example is an accident that occurred in Charleston, West Virginia (WV). James Dixon was enjoying a ride on his motorcycle when he was hit by a van at the intersection of Kanawha Boulevard and Tennessee Avenue.

Instead of stopping to see if Mr. Dixon was okay, the driver of the van drove off. Mr. Dixon was left on the road fending for his life. Fortunately, a good Samaritan came to the aid of Mr. Dixon and wrapped his severely damaged leg with a tourniquet.

Mr. Dixon was transported to the hospital and survived the ordeal, but his right leg was amputated from the knee down. His life will be changed forever because of this car-motorcycle wreck. He is looking at months, if not years, of rehabilitation and learning to walk again with a prosthetic limb. He may never be able to enjoy the experience of riding his motorcycle again.

The police was able to track down the at-fault driver. They were arrested and charged with failing to report an accident, making an illegal u-turn and driving on a suspended license without insurance, according to wsaz.com.

This driver made a bad situation worse by driving off and they are facing a very stringent punishment for their reckless behavior.

As Mr. Dixon told wsaz.com after the accident, "Never, never just run off...that just shows you have no soul whatsoever."

Attorney Discusses Unknown Law That Carries a Stiff Penalty

blog@www.hsinjurylaw.com (news Author)15239 — Sat, 29 May 2010 08:00:00 EST

If you don't slow down or change lanes when approaching an emergency vehicle pulled over on the side of the highway, you're violating the "move over" law and could face serious penalties. To learn more, check out this article written by my colleague Jim Lewis:

Little Known Law Can Cost You Big Bucks

CSX Worker with Repetitive Stress Injury Wins $1.2 Million Jury Award

blog@www.hsinjurylaw.com (news Author)15212 — Fri, 28 May 2010 08:00:00 EST

After more than 30 years of service to CSX Transportation, a rail worker suffered a repetitive stress injury. Despite decades of work with the company, CSX did not make a serious effort to resolve the issue. To learn more, check out the article here:

Repetitive Stress/Cumulative Trauma Injury Results in $1.2 Million Jury Award for CSX Rail Worker

Amtrak train collides with truck, 13 injured

blog@www.hsinjurylaw.com (blog Author)32370 — Thu, 27 May 2010 08:00:00 EST

A major collision between an Amtrak passenger train and a semi-trailer resulted in over a dozen injuries, according to WCNC News. The North Carolina Department of Transportation (NCDOT) reports that the semi-trailer was stuck on the rails, and the Piedmont, train No. 73, was unable to stop in time.

The collision, which happened in Mebane, N.C., caused three coach cars as well as the locomotive to derail. It also ruptured the fuel tank and caused a fire. According to the NCDOT, the train, which was traveling at a speed of 70 mph, "carried [the truck] about 150 yards past the intersection before it came to a stop."

Twelve passengers and one Amtrak crew member were treated for injuries. Of the 13, two were treated for serious injuries, according to FOX 8 News. Others sustained minor injuries such as abdominal pain, cuts and bruises.

WCNC reports that police have not charged the driver of the semi-trailer with a traffic offense. The investigation, however, is still underway, and much needs to be looked into.

According to WCNC, there are signs around the railroad crossing track that warn truck drivers of getting stuck on the rails. The Federal Railroad Administration (FRA) cites six accidents that have happened at the same crossing, one "a wreck in 2005 that killed a 78-year-old," reports WCNC.

With an accident of this magnitude, we are thankful there were no fatalities. Often, major train and truck accidents can result in serious injury and even death for both passengers and train crews. The FRA reports that from January to October of last year--just ten months--close to 1200 Amtrak train accidents occurred, causing 109 fatalities and 1,074 injuries.

Those injured in this terrible wreck have the right to file a claim. The passengers on the Piedmont were simply trying to travel from one place to another; they didn't expect to be involved in a dangerous, life-threatening accident, resulting in many injuries. If you have been injured in a rail accident, call our law-firm for a free consultation about your accident case.

Medical Malpractice Victims Get Robbed in Virginia

blog@www.hsinjurylaw.com (news Author)15134 — Tue, 25 May 2010 08:00:00 EST

Virginia has "caps" on damage awards in medical malpractice cases. These caps essentially rob victims out of money they legally won in a court of law. Learn why this law is just plain wrong. Check out this article written by my colleague Jim Lewis:

Medical Malpractice Victims Get Robbed in Virginia

Bike to Work Day Turns Tragic in Fairfax County

blog@www.hsinjurylaw.com (blog Author)32171 — Tue, 25 May 2010 08:00:00 EST

May 21st was officially Bike to Work Day in Virginia (VA) which meant a higher-than-average number of bikes were on the road. Sadly, a day meant to promote healthy living and a better environment turned tragic in Fairfax County, Virginia (VA) when an SUV veered off the road and hit two bicyclists. One of the bike riders and the driver of the SUV died at the scene, according to the Washington Post. The other bicyclist suffered serious injuries.

This car-bike wreck occurred at Lee Highway and Forum Drive. Reports indicate the driver of the SUV lost control cutting threw six lanes of traffic and jumping the curb at Forum Drive. After hitting the bike rider, the SUV eventually slammed into a tree.

We don't know, at this time, what caused the accident. Some reports have speculated it could have been a medical condition with the driver of the SUV but no one can say definitively.

Bike to Work day, as mentioned earlier, is an attempt to promote physical fitness and decrease the number of cars on the road, which will help cut down on carbon emissions for the day. Unfortunately, this accident highlights the inherent risks associated with biking to work on a regular basis. Having bicyclists, with only a helmet as their best protection, share the road with cars, trucks, and SUVs creates a volatile situation where even the slightest error - either from a bicyclist or a vehicle operator - can lead to a loss of life or serious injury. In 2008, approximately 13 bike riders were killed in accidents in VA, according to the National Highway Traffic Safety Administration.

Statistics aside, I want to send my deepest sympathies out to the family of the bicyclist that was killed in this terrible accident. He was only 17 years old and was reportedly involved in high school athletics. Losing someone you love in an accident is awful, but the pain of losing someone so young with such a bright future ahead of them makes this loss that much more tragic.

If you'd like to send your condolences, here is a link to the slain bicyclist's Facebook remembrance page.

Minivan Driver Killed By Loose Big Rig Tire in Henrico County

blog@www.hsinjurylaw.com (news Author)15099 — Mon, 24 May 2010 08:00:00 EST

A wheel base broke off a big rig on Interstate 64 (I-64) killing the driver of a minivan. Was this a tragic, inexplicable accident or was there a mechanical defect that was neglected by the trucking company? Find out by reading this article:

Truck Tire Smashes into Minivan Killing Driver in Henrico County

Pilot of Homebuilt Airplane Killed in Crash

jlewis@hsinjurylaw.com (blog Author)32073 — Mon, 24 May 2010 08:00:00 EST

In 2008, approximately 82 people were killed in airplane accidents involving "kit-built airplanes." These are planes that can be delivered to your home and you actually build the plane piece by piece. These types of airplanes accounted for 18 percent of all non-commercial airplane crashes in '08. Unfortunately, the death toll continues to mount.

The pilot of a homebuilt Long-EZ, fuel efficient, long range airplane was killed after crashing at Wakefield Municipal Airport in Wakefield, Virginia (VA), according to wjz.com. My deepest condolences go out to the pilot's family. He was 80 years old and a native of Pennsylvania (PA).

Here is a news report about the airplane crash...

At this time, no one knows what exactly caused the plane to crash. It can be difficult to immediately pinpoint a malfunction or error on the kit-built plane since there are so many different models. Plus, there appears to be an emphasis on speed rather than safety with these plane models.

For example, the Federal Aviation Authority (FAA) expressed concern that kit-built planes have design characteristics which make them fly much faster than most small planes. This can increase the risk of an accident during slow-speed operations close to the ground.

Given the continued loss of life from these types of planes, the FAA needs to look into standardizing the safety features on these homebuilt airplanes. As a licensed pilot, I understand the risks that someone takes when operating an aircraft and there's no need to exacerbate those risks by operating a questionable kit-built airplane.

To learn more about small airplane accidents and what's involved in the legal process after a crash, check out this free consumer report:

What You Need to Do If Hurt in An Airplane Accident

Summer most hazardous season for children, studies say

blog@www.hsinjurylaw.com (blog Author)32134 — Mon, 24 May 2010 08:00:00 EST

It’s almost that time of year again: summer. While summer is a time that children enjoy most, it is also a time that parents and guardians should exercise extra caution. According to the National SAFE KIDS Campaign (NSKC), summer is the most hazardous season for children, with “nearly half of all injury related childhood deaths” occurring between May through August.

During the summer, the risk for child injury increases greatly, as children are out of school and often playing outside unsupervised. Seemingly safe activities—swimming, riding a bike, walking to a friend’s house—can all result in unintentional injury, the leading cause of death for children 14 and under, according to NSKC.

Reader’s Digest (RD) reports alarming statistics about the dangers of everyday summer activities for kids. According to RD, “Two-thirds of all childhood drownings happen May through August” and “half of all [bicycling] deaths occur during that same time period.” The article further reports that “about 40% of pedestrian deaths and 40% of motor vehicle deaths occur May through August.”

This summer will unfortunately be no different. The NSKC estimates that “children will be rushed to emergency departments nearly 3 million times for serious injury.”

Our firm believes these statistics are far too high. While we can’t eliminate childhood injury, we can certainly take some steps to help prevent it from occurring. We encourage all parents and guardians to put simple safety precautions into effect. For example, children should always wear the proper safety gear while riding bikes. Likewise, children should always be supervised while swimming. These are just a few of many things parents can do to help protect their children.

When almost anything can cause a childhood accident—toys, outdoor activities, household appliances and much more—it is very important for parents and guardians to understand their legal options should a child injury occur. Too often, a child’s injury is due to the carelessness of a company or another person. Our firm has written a report which explains the process for filing a claim for hurt minors living in North Carolina (N.C.) and Virginia. To learn about filing a claim on behalf of an injured minor/child, download our report, completely free of charge.

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Texting while driving claims life of teenager

blog@www.hsinjurylaw.com (blog Author)32043 — Sat, 22 May 2010 08:00:00 EST

A North Carolina (N.C.) teenager lost her life in a fatal car accident last weekend, according to the Asheville Citizen-Times. Police say texting was a factor in the crash.

The driver, only 16-years-old, was texting moments before her car swerved and crashed into oncoming traffic. The driver of the vehicle she crashed into received non-life threatening injuries. The teen however was taken to the hospital, where she died one day after the accident.

Our thoughts and our sincerest sympathies go out to this young woman's family and friends. It is absolutely heart wrenching to hear of a young life lost in an accident that could have been prevented.

The tragic loss of her life teaches drivers a serious and chilling lesson-texting while driving can not only be dangerous, it can be deadly.

Texting while driving is a form of distracted driving, which unfortunately is becoming an increasing trend, especially among young drivers. According to the National Highway Traffic Safety Administration (NHTSA), in 2008, crashes involving distracted drivers caused close to 6,000 fatalities. The NHTSA further reports that drivers under 20 are involved in 16% of all distracted driver fatal crashes.

Many drivers don't realize that texting while driving is the equivalent of driving drunk. Distraction.Gov reports that using a cell phone while driving "delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent." The Insurance Institute for Highway Safety further states that "drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves."

These alarming statistics have prompted talk show host Oprah Winfrey to begin a "No Phone Zone" campaign, which asks drivers to pledge to stop using cell phones while driving or to use hands-free calling.

Closer to home, a student at Cape Henry Collegiate in Virginia Beach organized a distracted driving simulation event to help teach his peers the dangers of texting while driving. The teen shared with his peers a strong message: ""It can wait! A call or a text is not as important as driving a car."

Our firm is extremely concerned about the number of accidents and innocent lives lost due to distracted driving. While many states have been cracking down on cell phone usage while driving-23 states in total-more still needs to be done. We congratulate those, like Oprah and the student at Cape Henry Collegiate, for taking the initiative to educate drivers on the dangers of distracted driving, and hope that their efforts will help lead drivers to put down their phones when they are behind the wheel.

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Child Head Injuries Spike In Economic Crisis, Study Says

blog@www.hsinjurylaw.com (news Author)14994 — Fri, 21 May 2010 08:00:00 EST

Is the rate of child head injuries related to the current state of the economy? According to the results of a recent study, the answer is a resounding yes. Traumatic brain injuries, brain damage, and head injuries in infants and small children rose significantly during the last two years of the recession, mostly due to abusive parents and guardians who became violent under the stress of financial woes.

The head injury study, which was conducted by Dr. Rachel P. Berger, an assistant professor of pediatrics at the University of Pittsburgh School of Medicine, took place between 2007 and 2009 and focused on four major US cities across the country. The results were presented at the Pediatric Academic Societies' annual meeting.

During the study, researchers tracked over 500 instances of head trauma in infants and toddlers – all caused by child abuse or shaken baby syndrome. While each city examined saw just four cases of child abuse head injuries per month before the recession, this number rose to almost 9 cases per month per city during hard economic times. While this study clearly draws a connection between head injuries, child abuse, stress, and the economy, researchers still do not know which specific aspects of the economy lead to stress (job loss, housing problems, lowered wages, etc.). Other experts in the field believe that this study may also suggest that other less trackable forms of abuse, such as domestic abuse, significantly increase during times of high economic stress.

Sixteen percent of the children who received serious head trauma during the study died of their injuries.

Cell Phone Restrictions Could Become Permanent for Rail Workers

blog@www.hsinjurylaw.com (news Author)15064 — Fri, 21 May 2010 08:00:00 EST

The FRA is proposing a new rule that would permanently restrict cell phone use and the use of other electronic devices for on-duty train crews. To learn more, check out this article written by my colleague Randy Appleton...

Cell Phone Ban Could Become Permanent for Railroad Workers

Emergency Response Calls To be Prioritized in Chesapeake, Virginia

blog@www.hsinjurylaw.com (news Author)15066 — Fri, 21 May 2010 08:00:00 EST

Emergency response calls are going to be prioritized in Chesapeake, Virginia (VA). This changes the longstanding policy of giving every emergency call the exact same attention. Is this a good or bad thing? Check out this article to learn the answer...

Emergency Medical Calls To Be Prioritized in Chesapeake, Could Reduce Car Accidents

Virginia Football Coaches Gather To Learn About Brain Injuries

blog@www.hsinjurylaw.com (news Author)14993 — Thu, 20 May 2010 08:00:00 EST

Last week, dozens of high school football coaches from across Virginia gathered in Redskins Park to learn more about how they can help when it comes to football player concussions and other brain injuries. Shockingly, there are an estimated 50,000 concussions in high school football each year across the country, and many of these concussions take place in Virginia. In 2008, two high school football players in North Carolina died of head injuries sustained during a game.

In many cases, medical professionals are not at the scene of a football game concussion accident and high school coaches have to take the lead to ensure that their players receive the proper medical treatment for their brain injury. The weekend seminar, many hope, will make coaches more aware of the problem of brain injuries in high school football and make the right decision about when a players should keep playing, sit out games, or go directly to the hospital.

A central theme of the Virginia head injury seminar was that players who suffered brain injuries often returned to play too quickly – and that the most deadly brain injuries often occurred within ten days of another concussion. Generally, players are up to four times more likely to suffer a concussion if they have recently suffered a brain injury. The take-home lesson? Don’t put players back on the field too quickly, and get them checked out immediately after a head injury.

In addition, the VA football coaches learned that very few concussions involved the loss of consciousness, and that a very serious brain injury can take place without any outward signs of trouble.

Fentanyl Deaths Continue to Increase in Virginia

blog@www.hsinjurylaw.com (news Author)15031 — Thu, 20 May 2010 08:00:00 EST

Fentanyl is responsible for hundreds of lives lost in Virginia (VA). Why is it so dangerous? Because it is 100 times more powerful than morphine, but is winding up in the hands of people who do need such a powerful pain medication. To learn more, check out this article written by my colleague Rick Shapiro:

Dangerous Drug Fentanyl Continues to Take Lives in Virginia

Jury Awards $200 Million to Woman Struggling with Asbestos-Induced Mesothelioma

blog@www.hsinjurylaw.com (blog Author)31944 — Thu, 20 May 2010 08:00:00 EST

A California jury awarded $8.8 million in compensatory damages and a historic $200 million in punitive damages to Rhoda Evans, a woman battling mesothelioma cancer that was caused by her exposure while washing her husband's clothes.

The lawsuit was brought against DWP and CertainTeed. Bobby Evans, Mrs. Evan's husband, worked for DWP from 1974 to 1998. Mr. Evans was exposed to asbestos on a regular basis while working with pipes manufactured by CertainTeed, according to scpr.org. The toxic asbestos fibers remained on Mr. Evans clothing and Mrs. Evans was exposed to the asbestos dust fibers while washing her husband's clothes.

The jury determined this exposure to asbestos helped cause Mrs. Rhodes mesothelioma cancer. The jury also found that CertainTeed knew asbestos caused cancer in the early 1960s but the company continued to manufacture asbestos pipes and did not place a cancer warning on them until 1985, according to Mrs. Evans legal counsel.

This is probably why the jury decided to award such a large amount in punitive damages. Essentially, punitive damages are a form of punishment meant to dissuade the at-fault individual or company from performing the same action again while acting as an example to deter others from mimicking their behavior. The $200 million in punitive damages sends a clear message to big companies that their questionable history with asbestos and continuing to expose their employees to such hazardous substances is unacceptable. This is the largest asbestos-related mesothelioma jury award in the state of California, and one of the largest in the country.

Our firm understands how challenging asbestos-induced mesothelioma cases can be. We represented two railroad workers for claims arising under the FELA, the act governing railroad worker injuries or death claims. All railroads, including CSX, NS, Conrail, Amtrak, and others, were known users of asbestos insulation, in engines and in yard and office buildings. Both of our clients were employed by a Class 1 railroad company for over twenty years. R.T., the earlier of the two clients, contracted mesothelioma due to his exposure to asbestos. R.T. retained our firm very close to his untimely death, so we represented his family and the estate in our case against the railroad. D.H. was the other client and he worked for over 25 years for the railroad in freight switching activities and was unaware that he was working with, or even handling, asbestos. It turns out D.H. was exposed to a number of products containing asbestos materials and asbestos insulation, including train cars, locomotive engines, and office buildings and work places that were insulated with asbestos. Tragically, D.H. also passed away due to mesothlioma cancer. We filed lawsuits for the estates of both clients and battled with the railroad company's defense attorneys. Eventually, we arrived at an acceptable settlement for the families of both clients.

Also, during 2010 we settled a mesothelioma cancer case for a retired railroad engineer who worked during with both steam and diesel engines for decades. He testified about his exposures in a video deposition but unfortunately died before the trial was to occur. The case carried on in his widow's name. We also are representing a former Conrail engineer who also worked on engines with asbestos boilers or generators. He was diagnosed with this terrible mesothelioma cancer during late 2009, over a decade after retiring believing he was in good health. This toxic insulating fiber known as asbestos is as dangerous (due to causing terminal cancer) as any known substance used in occupational settings in the United States.

In our railroad asbestos disease cases, along with Mrs. Evan's case in California, big companies had to pay a price for their inaction and negligence related to asbestos. Punitive or punishment damages are not permitted in railroad injury or disease cases under the FELA (federal law) but are permitted in "common law" negligence claims against companies that are liable for causing mesothelioma or asbestos cancers if evidence shows a willful and wanto, reckless disregard for health and safety. Like, hiding damaging documents about health risks for decades.

So many innocent workers were exposed to these poisonous asbestos fibers over the years and we're now starting to see the consequences. Lives are being ruined. Retired workers who are trying to enjoy the golden years of their life are forced to struggle with mesothelioma, a horrific form of asbestos caused cancer. It's not right and hopefully more jury verdicts like the one in California will send a clear message to all the big corporations, as well as railroads, that making sure the work place is safe for your employees should be priority No.1.

Former Toyota Defense Attorney Alleges Company Hid Documents

blog@www.hsinjurylaw.com (news Author)15008 — Wed, 19 May 2010 08:00:00 EST

My colleague Rick Shapiro wrote an article in the May 2010 edition of Injuryboard Magazine. The article examines the allegations made by a former Toyota defense attorney that the car company intentionally hid documents, memos, and test results from the public regarding the durability and strength of their roof structures on certain car models. This is important since people died in Toyota rollover car accidents where the strength of the roof structures was called into question and may have played a role in these tragic wrecks.

To learn more, check out the Injuryboard magazine article here.

Attorney Discusses Need for Midtown Tunnel Expansion

blog@www.hsinjurylaw.com (news Author)15024 — Wed, 19 May 2010 08:00:00 EST

There is talk of expanding the Midtown Tunnel by two lanes. This could help reduce congestion and may even decrease the number of car accidents in Norfolk and Portsmouth, Virginia (VA). To learn more, check out this article written by my colleague Emily Mapp Brannon:

Midtown Tunnel Expansion in the Works

Richmond Cyclist Dies Of Brain Injury After Running Red Light

jlewis@hsinjurylaw.com (blog Author)31795 — Wed, 19 May 2010 08:00:00 EST

According to the Richmond Times-Dispatch and Richmond Police, a Virginia cyclist was killed on the evening of April 15 after running a red light.

Reports say that 37-year-old Steven Smith of Richmond, Virginia, was riding his bike while not wearing a helmet on Lombardy Street when he rode through an intersection without heeding a red light. He slammed into the side of an SUV that had the right of way on Brook Street. The VA bike accident took place near Virginia Union University. No one in the SUV was injured in the crash.

No charges or citations will be filed in relation to the bike crash, which took place on Monday night at 8:10 PM.

An ambulance rushed Smith to the nearby VCU Medical Center where he died of serious head injuries and brain trauma. Cyclist safety advocates say that wearing a helmet significantly lowers the chances of suffering a fatal brain injury during a bicycle crash.

Virginia Beach Motor Bike Rider Killed By Drunk Driver

jlewis@hsinjurylaw.com (blog Author)31852 — Wed, 19 May 2010 08:00:00 EST

The operator of a Kawasaki Ninja motorcycle was traveling on London Bridge Road in Virginia Beach, Virginia (VA) when a Lincoln Town Car made a left from Bowland Parkway onto London Bridge Rd. This caused the motor bike rider to hit the left rear of the car and get ejected from the motorcycle. They died at the scene.

It turns out the driver of the Town Car was intoxicated. He has been charged with driving under the influence, according to the Daily Press.

The Daily Press report also says that the motorcyclist was operating at a high rate of speed. Some people may construe this statement as implying that motor bike rider was at fault. This may not be the case and no one should jump to conclusions.

A Virginia citizen posted an insightful comment on the Daily Press forum about this car-motorcycle crash:

"It really angers me when a motorcyclist dies we always seem to be going a high rate of speed or we are somehow to blame!!! Was there someone there with a radar gun or was the revving of the engine proof? I think not."

There is a difference between "traveling at a high rate of speed" and "speeding." We'll have to wait and see what the VA's Fatal Crash Team accident report reveals.

Firm Publishes Free Consumer Report About Child Injuries

blog@www.hsinjurylaw.com (news Author)14940 — Tue, 18 May 2010 08:00:00 EST

Learn why you need to read our special report about injuries to minors, children or teenagers...

We answer important questions like:

Will our case go all the way to court?
What financial compensation can be recovered for a permanent injury, scar, or catastrophic injury?
Can the money recovered be used for medical bills or expenses, and when?
Who controls the interest earned before the injured child or teen turns 18?
Is it true that insurance will cover a negligence claim against one of a minor's own parents or other family members?

It's something no parent likes to think about, but you should be prepared for - their child or teenager suffering a serious injury, or the worst scenario of all--loss of life or death. Unfortunately, keeping our kids safe is one of a parents most important roles, but we are not prepared for this awful scenario. You should never make rash decisions like signing documents presented by the insurance company adjuster without investigating the full extent of a minor's injuries, and without the advice of an experienced injury attornrey. Never accept fault without fully understanding what caused the accident-because a parent's own fault does not mean a minor is not entitled to recover. Do not fall into this trap. Get informed by reading our free consumer report (link below).

Young children can be hurt almost anywhere including in a car wreck, house fire, playing with fireworks or an aggressive animal, defective toys, falls at a playground or on a jungle gym, swimming pool-related accidents, and the list goes on. When you add in teenagers, the injuries also include pools, ATV's/go carts, air and paint ball guns and many other activities.

Our firm wrote this free consumer report about child injuries and what you, as the parent or guardian, should and should not do to pursue compensation on behalf of your child in a personal injury claim.

We also discuss how you, the parent or guardian, can make or break a settlement agreement, the likelihood you or your child will need to testify in court, and why hiring the right injury lawyer is critical to ensure you and your child receive maximum compensation.

To learn more, download our free consumer report:

Child Injuries in Virginia and North Carolina: What You Must Know About Claims on Behalf of An Injured Minor/Child

Emily Mapp Brannon Wins Successful Verdict for Injured Client

blog@www.hsinjurylaw.com (news Author)14987 — Tue, 18 May 2010 08:00:00 EST

Attorney Emily Mapp Brannon successfully litigated an injury case involving a client who suffered injuries in a rear end car accident. The total award was $13,000. This was $6,500 more than what the insurance company initially offered. It is proof that hiring a qualified injury lawyer can make a major difference in your injury claim's outcome.

Learn more about this rear end car wreck case here.

Passenger Killed in La Plata Car Crash

blog@www.hsinjurylaw.com (blog Author)31768 — Tue, 18 May 2010 08:00:00 EST

Making left turns are a common occurrence for most drivers. In fact, it is so common that we do not fully appreciate the inherent risk that comes with making a left turn at certain intersections. Take, for example, a recent car crash death in La Plata, Maryland (MD). A Lincoln Town Car made a left turn from U.S. Route 301 onto Route 234 when a truck, traveling from the opposite direction, slammed into the Town Car.

A passenger in the car, Sarah Ann Swann, died as a result of the wreck and the driver suffered serious injuries, according to somd.com.

As this accident illustrates, a left turn can have very serious consequences. There is a good chance the driver of the Town Car approached the left turn as most of us do - as a simple, routine driving exercise - and had no idea what would happen as a result.

Let this accident serve as a reminder of how important it is to be cautious and vigilant when making a left turn at any intersection. Always yield to oncoming traffic (this includes if you are at a green light), use your blinker to indicate you are making the turn and do not make a turn while you are distracted in any way.

Virginia Car Accident Leaves Victim With Brain Injury

jlewis@hsinjurylaw.com (blog Author)31793 — Tue, 18 May 2010 08:00:00 EST

A Virginia woman was airlifted to the hospital with a serious brain injury after crashing her car near Cana on Saturday afternoon, May 1.

According to Virginia Police, 59-year-old Benice Juanita Combs of Mount Airy, Virginia, was traveling along Flower Gap Road toward Old Pipers Gap Road when she tried to avoid a dog in the road. Her vehicle flipped and landed in a yard beside the road – emergency rescue responders had to cut the top off of the car in order to extract the VA car accident victim. Combs was airlifted to a Triad hospital Lifeguard chopper and then transferred to Wake Forest University Baptist Medical Center for treatment for her head injury. Her current condition is not known.

The one-vehicle Virginia car accident did not involve speeding or reckless driving and there will not be any charges or citation in connection to the crash.

"Just Not the Same": The Effects of a Serious Head Injury

blog@www.hsinjurylaw.com (blog Author)31689 — Mon, 17 May 2010 08:00:00 EST

A serious head injury can alter your life forever. The effects may not be immediate or visible, but they are there. Take, for example, Ted Dingler, a physics professor at the Southwest Virginia Community College in Abingdon, Virginia (VA). Mr. Dingler was riding his bike with a group of friends when he was forced off Old Saltworks Road by a truck causing his bike to flip over and his head to slam into the pavement.

Immediately after the bike crash, Mr. Dingler didn't know where he was, didn't even know what a bicycle was, according to tricities.com. But you could chalk that up to just smacking your head on pavement. Unfortunately, the effects of his head injury persist.

"Right now, he doesn't have any memory," said Georgia Householder, Mr. Dingler's girlfriend. "I don't think he knows my name. I think he knows I'm somebody in his life, but he hasn't called me by name. Or his children, I don't think he's called them by name."

Imagine, one day you were enjoying a ride on your bike, and in the blink of an eye, large portions of your memory were wiped away. The names of friends, family, and loved ones are no longer at the tip of your tongue. This is a common side effect of a serious head injury and it's something Mr. Dingler may continue to struggle with for a long time.

This accident also highlights the risks bike riders take when they have to share the road with cars, trucks, SUVs, and other vehicles. The truck which caused this terrible accident was driving recklessly and failed to provide the proper amount of space Mr. Dingler, and his bicycle group, needed to travel on the road.

Even more infuriating is the fact that the truck didn't even stop after it forced Mr. Dingler off the road resulting in the head injury. This means Mr. Dingler will have a more difficult time pursuing compensation through a personal injury claim. Police continue to search for the at-fault truck driver. Hopefully, they will be brought to justice.

Virginia Governor Wants Tolls Along Interstate 95 and Interstate 81

jlewis@hsinjurylaw.com (blog Author)31582 — Fri, 14 May 2010 08:00:00 EST

Virginia (VA) Governor Bob McDonnell is seeking authorization from the Federal Highway Administration to add tolls along the North Carolina (NC) border of Interstate 95 (I-95). This is on top of requested tolls that would be added to Interstate 81 (I-81), but the I-81 project has been delayed.

The argument made is that there are large portions of I-95 in need of improvements and have some of the VA's highest accident rates.

It is true I-95 is one of the busiest interstates in VA and many major car accidents take place on this road. In fact, close to 1,000 serious injuries stem from car wrecks on I-95.

The Virginia Department of Transportation projects adding new tolls could generate between $30 million to $60 million in yearly revenue if they implement user fees of $1 to $2 an axle, according to the Washington Post.

The money generated by those tolls would be used to make safety improvements along the interstate. In fact, from the NC border to Fredericksburg, over $600 million is needed to fund safety improvement projects, according to USA Today. Some of these projects include re-paving roads and filling pot holes.

It's good to see an effort to improve interstate highway safety, but there needs to be strong oversight to make sure any revenue from future tolls is actually used to fund transportation projects.

If Gov. McDonnell receives authorization, the first toll to appear on I-95 would become active in 2012.

VA Hospitals Receive Downgrades Due to Too Many Medical Errors

blog@www.hsinjurylaw.com (news Author)14686 — Wed, 12 May 2010 08:00:00 EST

Five VA hospitals had their "surgical complexity" ratings downgraded because too many medical mistakes were occurring and seriously injuring patients. More reforms need to take place in order to correct these problems. To learn more, check out this article written by my colleague Jim Lewis:

Disarray at the VA: Medical Mistakes Causing Major Problems for Veterans Hospitals

The Potential Connection Between Benzene and Leukemia

blog@www.hsinjurylaw.com (news Author)14654 — Tue, 11 May 2010 08:00:00 EST

Benzene is a chemical commonly found in diesel exhaust fumes. Many railroad workers are exposed to these fumes on a daily basis and may wind up suffering a very serious illness like leukemia as a result. To learn more, check out this article written by my colleague Randy Appleton:

Benzene in Diesel Fumes May Cause Leukemia in Railroad Workers

CSX Railroad's Cute "Breathing" Commercial Hides Sad Truth about Lung Cancer and Mesothelioma Among Railroad Workers

blog@www.hsinjurylaw.com (blog Author)31347 — Tue, 11 May 2010 08:00:00 EST

CSXT, the railroad freight company which controls roughly half of the freight moved by train on the East Coast, has some television commercials they are running trying to improve their image by spending millions of dollars on "feel good" propaganda. The ads show a variety of people breathing like swimmers and little kids blowing bubbles and then talks about how environmentally friendly the company is because with fewer trucks on the road, a railroad is helping the environment. It is true that using trains to transport cargo probably reduces overall emissions compared to trucks. This basic fact is being used by CSX and other railroads, like Norfolk Southern (NS), which controls the other half of the East Coast freight lines, to convince the public how terrific their companies are.

The problem, however, is the dirty little secret that at the same time these railroad companies are bragging about helping the public breathe they are continuing to expose their own workers' lungs to dangerous mixtures of chemicals and pollutants. For example, train crews including conductors and engineers regularly breathe in diesel fumes which contain horrible elements which cause lung cancer. Similarly, the railroads have for decades exposed their workers, including people in the car department and shop crafts, to asbestos, even after having long knowledge of the hazards to human health that this substance posed. Railroad workers continue to suffer tragic, debilitating lung cancers like mesothelioma from the exposures they were subjected to in their workplace.

CSX railroad owes its railroad employees a reasonably safe place to work, but often violates this basic principle causing employees' breathing problems, and even causing them to die from pulmonary illnesses. Other breathing problems that are caused by work with trains, rail cars, and ballast include silicosis and other lung disorders where sand or other harmful substances are breathed in during work.

When I watch these cute ads talking about how wonderful the railroads are, it always makes me think of the workers and their families who have been harmed and who are not "breathing easier" because of the railroad. To put salt in the wound, the railroad companies, particularly CSX, are spending all these dollars on improving their corporate image while they often treat their workers horribly when they have legitimate FELA claims for workplace accidents, illnesses, and occupational diseases. CSX fights tooth and nail paying big bucks to their lawyers and denying the little bit of money necessary to help their workers who have been harmed try to have a better quality of life and enough money to pay their medical bills. Don't believe everything you see on TV!

Attorney Examines Causes of Motorboat Accidents and Drownings

blog@www.hsinjurylaw.com (news Author)14634 — Mon, 10 May 2010 08:00:00 EST

353 people were killed and 1669 were seriously injured while by open motorboats. Personal watercraft (i.e., jetskis) had the second highest casualty rate with 45 deaths and 920 injuries. The top two causes of death in these motorboat accidents were drowning and trauma, which combined for nearly 90% of all deaths. To learn more, check out this article written by my colleague John Cooper.

Common Causes of Motorboat Accidents and Drownings

Serious Jet Ski Injuries Explored

blog@www.hsinjurylaw.com (news Author)14635 — Mon, 10 May 2010 08:00:00 EST

While minor injuries from personal watercraft (i.e. jet skis and skidoos) accounted for the majority of injuries reported (61 percent), a large portion (36.5 percent) covered moderate, serious, severe, critical and maximum injuries. A moderate injury included a fractured pelvis, dislocated knee, major skin lacerations, two or three broken ribs, or retinal detachment. To learn more, check out this article written by my colleague John Cooper.

Personal Injury on Personal Watercraft

Passenger Injured in Norfolk Car Accident

blog@www.hsinjurylaw.com (blog Author)31255 — Mon, 10 May 2010 08:00:00 EST

A car was traveling along East Ocean View Avenue in Norfolk, Virginia (VA) when the driver suddenly lost control of the vehicle and wound up slamming into a lamp pole at the intersection of East Ocean View Ave. and Chesapeake Blvd. As a result, the driver and a passenger were hurt while another passenger suffered life-threatening injuries, according to the Virginian-Pilot.

The details of what exactly caused the car to crash into the lamp pole have not been released, but the early reports indicate speeding by the driver may have been a factor. At this time, police are determining whether or not to file charges.

For the passengers who suffered injuries, a decision will need to be made about filing a personal injury claim against the driver. This can be a very delicate, and sometimes awkward, situation since the driver may be a good friend or family member. Nevertheless, if you're facing large medical bills and a protracted rehabilitation period, you should strongly consider filing an injury claim.

Keep in mind, when you file a claim, it's not a personal attack against the driver (i.e. your friend/relative). You are simply filing a claim against their insurance policy. This is necessary to ensure your medical bills, any lost wages, and pain and suffering are properly compensated.

New Rail System to be Unveiled in California, Could Similar System Be Used in Virginia?

blog@www.hsinjurylaw.com (blog Author)31261 — Mon, 10 May 2010 08:00:00 EST

Metrolink is switching to a commuter rail system in Southern California that features rail cars designed to crumple around the passenger compartment to help absorb some of the impact during a train crash. These new trains include bumpers on the ends of the rail cars that collapse to reduce the brunt of any impact from an accident. Steel inside the bumpers constricts like an accordion, and bolts inside the rail car sheer away to also lessen the risk to passengers, according to Press Enterprise.

Tragic accidents and questions of safety prompted Metrolink to focus on improving rail safety and switching to this new system. Back in September of 2008, a Metrolink train in Chatsworth, California (CA) slammed head-on into a Union Pacific freight train. As a result, 25 people were killed and 135 people were injured. Questions were raised about the safety of Metrolink and the company responded by spending three years on designing this new rail system.

Here's a news report discussing the new safety technology...

Could this type of safety technology make its way to Virginia (VA)? Maybe. There has been plenty of discussion about new rail systems being built in VA. For example, there are plans to extend the D.C. Metro line to portions of Northern Virginia and building a light rail system in the Hampton Roads region.

An emphasis on building safe rail systems should be priority No.1 for contractors and railroad administrators in VA. The D.C. Metro rail system is a prime example of what can happen when safety appears to be neglected. Back in June of 2009, a major Metro train wreck took the lives of nine people and injured 76 people. A string of other train accidents have also occurred on the D.C. Metro rail line throughout the year spurring concerns over passenger safety.

Maybe, just as with Metrolink, the concern over safety will encourage Metro officials in D.C. and VA to re-emphasize safety and reform their system by switching to the new, safer rail cars.

Pedestrian Killed While Crossing Street in Virginia Beach

blog@www.hsinjurylaw.com (blog Author)31280 — Mon, 10 May 2010 08:00:00 EST

In the early morning hours of Thursday, May 6th, Travis Jay Wilson decided to cross 22nd Street in Virginia Beach, Virginia (VA). Tragically, he would never make it to the other side. A car traveling westbound on 22nd street hit Mr. Wilson resulting in his death. He was only 34 years old.

View Larger Map

WAVY.com is reporting that alcohol may have played a factor in this Oceanfront accident, but there needs to be further investigation into this issue. There is a vast difference between someone drinking a beer and someone being intoxicated, but in both instances you can say alcohol may have played a factor.

The WAVY article generated many comments from Virginia Beach residents:

"People fly down 22nd street...even though the speed limit is 25-35 mph. There are never cops on that road when the bars get out..."

"Drivers DO NOT watch for people walking. It seems to me that the driver was going TOO FAST ! WHY was Travis shoe in the middle of the crosswalk if he wasn't walking in the crosswalk?"

Given the feedback generated by this recent crossing accident, there continues to be an issue with pedestrian safety when crossing streets in Virginia Beach. Our firm has written about these risks and handled cases involving injured pedestrians.

For example, we represented two clients who were crossing Atlantic Avenue in the crosswalk at 23rd Street. They had successfully crossed the two southbound lanes and the first northbound lane when they were hit by a car. Our clients suffered fractures of the right tibia and fibula. We were able to reach a successful settlement that ensured our client's medical expenses were fully covered, in addition to pain and suffering.

The accident on 22nd street is very different since the pedestrian, Mr. Wilson, was killed. Unfortunately, this is not out of the ordinary in Va. Beach. It was just two weeks ago that a school teacher was killed trying to cross Shore Drive. In fact, ten people have died trying to cross that road in the last eight years, according to the Virginian-Pilot.

What to Do If You're Hurt in a Car Wreck in Chesapeake, Virginia

blog@www.hsinjurylaw.com (news Author)14591 — Fri, 07 May 2010 08:00:00 EST

Imagine you're driving along Interstate 464 (I-464) in Chesapeake, VA headed towards Great Bridge when another driver slams into the back of your car. The impact is so severe that you suffer whiplash and smacked your head very hard on the driver side window. What should you do and who should you speak to? Find out by reading a new article written by my colleague John Cooper.

When to Hire a Chesapeake Car Accident Lawyer

No Sirens, No Warning: Emergency Vehicles that Do Not Use Sirens Put Drivers at Risk

blog@www.hsinjurylaw.com (blog Author)31079 — Wed, 05 May 2010 08:00:00 EST

You've probably been driving on the road and heard that loud, anxiety-inducing siren from a police car or ambulance. You pull over and watch as these vehicles blow by you with their sirens still blazing.

There is a mutual understanding in this situation - the police car or ambulance alerts you of their presence with their sirens and you pull over to give them room to maneuver so they can get to wherever they need to go. But what happens when these vehicles fail to alert you?

A recent example of the risks associated with an emergency vehicle failing to alert drivers of their presence occurred in Fairfax County, Virginia (VA). A police car decided to run a red light, but failed to use their sirens and wound up slamming into the passenger side of another car. The driver of that car, Ashley McIntosh, died as a result.

The parents of Mrs. McIntosh consulted with an attorney and filed a wrongful death lawsuit against the at-fault police officer. It turns out, under VA law, a police car must use both lights AND sirens while traveling to an emergency. Eventually, a settlement was reached for $1.5 million, according to Virginia Lawyers Weekly.

This settlement won't bring back the McIntosh's daughter, but it will help cover $29,000 worth of medical expenses and $14,000 worth of funeral costs.

Our law firm is working on a similar case where an ambulance driver, not on an emergency call, ran a red light, likely due to personal cell phone use, and this caused a brain injury to our client.

These terrible accidents highlight the importance of emergency vehicles acting responsibly and notifying other drivers of their presence on the road. We fully appreciate the fact that these vehicles need to speed and run red lights in order to get to an emergency, but that does not exempt them from following a basic rule of emergency vehicle conduct - use both sirens and lights while heading to your destination.

Oil Company Tries to Gain Legal Advantage in Oil Leak Disaster

blog@www.hsinjurylaw.com (news Author)14515 — Tue, 04 May 2010 08:00:00 EST

BP is telling local fisherman and business owners that if they have a claim, there is no need to hire a lawyer, just work with their legal department. This is a very questionable legal tactic and shows just how worried BP is about their potential legal liability for this offshore drilling disaster. To learn more, check out the article written by my colleague Jim Lewis.

Oil Slick Leads to Dirty Trick by BP

Oil Leak Could Make Way to Eastern Shore of Virginia

blog@www.hsinjurylaw.com (news Author)14505 — Mon, 03 May 2010 08:00:00 EST

The oil leak from the Gulf of Mexico is larger than the state of Rhode Island. If the leak cannot be stopped, some speculate it could make its way to the Eastern Shore of Virginia. That could cause major problems for the fishing and crabbing economy in this part of VA. To learn more, check out the article.

Massive Oil Leak from Gulf of Mexico Could Make Way to Eastern Shore

Railroad Companies Want More Secret Settlements

blog@www.hsinjurylaw.com (news Author)14486 — Sat, 01 May 2010 08:00:00 EST

Some railroad companies are requiring that all settlements be kept secret. I believe this is wrong since it prevents the public, and other rail workers, from learning about what happened and knowing they have a case if a similar injury happens to them. To learn more, check out this article...

On-the-Job Rail Injury Settlement: Confidential or Open to the Public?

Left Behind: Sponges, Towels, Scissors, and Much More Left Inside Patients

jlewis@hsinjurylaw.com (blog Author)30907 — Sat, 01 May 2010 08:00:00 EST

Just imagine, you've gotten out of surgery in the hopes that whatever was wrong with you was fixed. A few days pass and you don't feel right. You know something is wrong. You may even feel just as bad as prior to surgery. You get checked out and discover something was actually left inside your body during surgery.

This is a horrifying revelation and the damage done to your body can be extensive. Unfortunately, it's not an uncommon occurrence. In fact, a study conducted by the Brigham and Women's Hospital and Harvard School of Public Health found that 1,500 patients every year are the victims of this type of medical mistake.

MRITechnicians.org published an article featuring the top "20 Creepy Things Found Inside Someone" and three of the items were surgical instruments and items left inside someone after surgery. These items included a towel, a 10-inch retractor, and a foot-long spatula-like surgical tool.

Our law firm has experience handling these types of surgical mistake cases. We represented a woman in Richmond, Virginia (VA) who had a hysterectomy and later discovered a surgical sponge was left inside her body (she didn't find this out until six months after the surgical procedure). This created a fistula in her bowel which required a subsequent bowel resection surgery. Fortunately, we were able to reach a successful settlement to help her with medical bills, lost wages, and pain and suffering.

There is no legitimate excuse for leaving a surgical tool, sponge, towel, or any other object inside a patient after a surgery. This type of surgical error is preventable and surgeons need to take a serious look at their pre-and-post surgical procedures in order to figure out when this negligence occurs and how to correct it.

Advancements in Wheelchair Technology Helps Spinal Cord Injury Vicitms

blog@www.hsinjurylaw.com (news Author)14409 — Thu, 29 Apr 2010 08:00:00 EST

The ability to get around is obviously a large concern for those impaired by paraplegia, quadriplegia, or other conditions that severely limit the use of the body. Fortunately, the day-to-day, practical quality of life has already improved significantly with advancements in wheelchair technology.To learn more, check out a new article published by my colleague John Cooper.

Read here:
Wheelchair Improvements for People With Spinal Cord Injuries

The Importance of Med Pay Benefits If You Get Hurt in a Car Wreck

blog@www.hsinjurylaw.com (blog Author)30769 — Thu, 29 Apr 2010 08:00:00 EST

One of the most important aspects of your auto insurance policy is an optional coverage called medical payments or "med-pay" for short. In Virginia, this is offered as a voluntary part of your insurance contract. However, if you don't get it, you are making a mistake. The reason is that it is quite inexpensive and yet makes sure that you have enough money to pay your medical bills, if you or anyone else is hurt in your car, or in someone else's car for that matter.

I am always glad when I find out that the client has med-pay on their own automobile policy. I can collect the amount of their coverage, if they have bills that exceed their coverage, and use the med pay benefits to pay their medical bills so they will have more money at the end of the case.

I do not normally charge any fee to collect the medical payments coverage for my personal injury/car accident clients. Sometimes, you can make the difference between a settlement that makes the client "whole" which means all of their medical bills are paid, their lost wages are reimbursed, and they are compensated for their pain and suffering due to what they've been through.

If the client doesn't have medical payments coverage, then it can sometimes be tougher to end up with a satisfactory outcome because the insurance company for the at-fault driver will simply pay one lump sum, and out of that sum the injured person has to pay any medical bills that they have that are outstanding and have not been paid by any other insurance.

One important thing to note about med-pay is that making a med-pay claim will not increase your insurance rates. The reason is that automobile insurance companies are not allowed to raise your rates in Virginia (VA) for making a claim which is not based upon your fault. It was somebody else's carelessness that caused you to be hurt in your car and therefore no hike in your insurance premium is going to occur, for letting your lawyer or doctor submit for your med-pay.

Most people don't even know if they have this coverage on their policy or not. So I advise you to pick up the phone and ask your insurance agent whether you have it. If you don't, adding it will not cost that much money and will protect you and your family when some other driver rear-ends you or runs into your car.

To learn more about insurance coverage for Virginia car accidents, check out this article.

Sentara, Prince William Health System Competing for Northern Virginia Hospital

jlewis@hsinjurylaw.com (blog Author)30815 — Thu, 29 Apr 2010 08:00:00 EST

The population in Northern Virginia is expected to increase roughly 24 percent between 2009 and 2014. With this growth in residents comes an increased demand in medical services. This is why Sentara is competing with Prince William Health System to build a hospital in the Haymarket area of Prince William County, VA according to allbusiness.com.

The hospital would be near Interstate 66 (I-66) and U.S. 29 just a few miles away from the Prince William Health System's Heathcote Health Center.

Sentara's proposed health care facility would feature 60 beds and four operating rooms. Prince William Health Center's proposal features 80 beds.

A new hospital will mean new doctors, nurses, and medical practitioners in Northern Virginia. This may mean an increase in doctor mistakes, surgical errors, and medical negligence. Every year, close to 200,000 people die due to preventable medical mistakes, according to medicalnewstoday.com. That number is probably underestimating the problem since many states are not legally required to report medical mistakes.

Here's a video illustrating the consequences of medical mistakes...

98000reasons.org: Quanisha Scott from American Association for Justice on Vimeo.

This is an issue that needs to be addressed. Building a new hospital is great, but having patients suffer serious injuries or needlessly losing their life due to medical errors is completely unacceptable.

Firm Publishes New Consumer Safety Guide on Airplane Accidents

blog@www.hsinjurylaw.com (news Author)14364 — Wed, 28 Apr 2010 08:00:00 EST

The law firm recently published a new consumer safety guide on small airplane accidents. Our firm has a unique perspective on this issue since one of our partners, James Lewis, is a licensed pilot. Please take a moment to download the free report and learn about plane owner liability, manufacturer liability for defecitve plane parts, and ways to avoid these types of accidents altogether.

Download "Small Plane Crashes: Avoiding One, Surviving One - Safety Guide" here

Suicidal Driver Takes Life of Innocent Man

blog@www.hsinjurylaw.com (blog Author)30747 — Wed, 28 Apr 2010 08:00:00 EST

Some car accidents are simply that - accidents. Other car accidents are due to negligence or recklessness. For example, someone drinks and drives or is texting while driving. But there are a small number of car wrecks that are completely intentional and disturbing in nature. That's the type of car crash that took the life of Richard Williamson, a devoted father of four and a husband for 47 years.

Mr. Williamson was driving home on Interstate 64 (I-64) after helping his oldest son move into a new house in Virginia Beach, Virginia (VA). As he drove over the High-Rise Bridge, a Toyota Camry came barreling towards him. The wrong way driver initially hit a minivan and then slammed head-on into Mr. Williamson's pickup truck. The impact of the crash killed both Mr. Williamson and the driver of the Camry. The at-fault driver's wife, originally from Chesapeake, VA was in the car and suffered serious injuries, as did the driver of the minivan.

It turns out the at-fault driver was suicidal and intentionally caused the car crash, according to The Virginian-Pilot. The driver even called someone just before the wreck and told them to watch the news.

A car accident like this is so troubling and extremely frustrating. I know the torment depressed individuals can go through is severe, but devising a plan to take your life by causing a car crash where you take the life of an innocent person is just plain wrong. There is no acceptable explanation for this type of action.

As Kristy Williamson, Mr. Williamson's daughter-in-law told the Virginian-Pilot, "It's hard for me to fathom someone wanting to take their own life...but doing it that way and taking someone with them intentionally... it makes you mad, and it makes you sad."

This is a terrible tragedy. No words can ease the pain the Williamson family is going through right now.

Amazingly, the insurance company for the suicidal driver will likely try to get out of paying for the wrongful death based on an exclusion for intentional acts. So, the UM coverage for the Williamson family will probably need to be tapped to provide coverage for the damages, punitive and compensatory. This may seem strange but is probably what will have to happen to help the effected loved ones.

Car-Train Crash in Calumet County Leaves Five Teens Seriously Injured

blog@www.hsinjurylaw.com (blog Author)30624 — Tue, 27 Apr 2010 08:00:00 EST

The students at Brillion High School and the greater Calumet County community were reportedly on pins and needles after hearing a Chevy Impala carrying five teenagers was hit by a Canadian National Railway train on East River Road south of Fischer Road.

Four of the Impala's occupants were brothers and all of them were 18 years of age or younger. The driver and an occupant suffered leg injuries, one occupant suffered an internal injury, another suffered a head injury, and another had body bruises, according to Fox11online.com. Given the damage done to the Impala, it is amazing none of these teens were killed.

The occupant with the head injury should be monitored closely. Head injuries that appear mild may in fact be traumatic brain injuries; the symptoms may just not appear right away and could surface in the coming days.

A somewhat ironic aspect of this car-train wreck is that Canadian National Railway are in the midst of Rail Safety Week where the rail company declared "CN is determined to end the tragic loss of life and debilitating injuries - most of them completely avoidable," according to their own web site.

How did this car-train wreck happen? The details of this rail crossing accident haven't been released yet. Early reports indicate the driver of the Impala did not see the train and the railroad crossing where the collision occurred does not have any lights or crossing signals.

"We don't have any indication that the driver saw the train, but we've only been able to talk to one of the occupants of the car," said Captain Paul Rusch of the Calumet County Sheriff's Department.

There have been 46 railroad crossing crashes and two deaths in the state last year, 68 train crashes and one death in 2008, along with 59 train wrecks and three lives lost in 2007, according to htrnews.com.

Attorney Examines Train Accident in Ettrick, VA

blog@www.hsinjurylaw.com (news Author)14279 — Mon, 26 Apr 2010 08:00:00 EST

There have four train accident deaths in the Tri-Cities area over the past two years. The bike rider hit by the CSX train is currently being treated at Virginia Commonwealth University Medical Center. I hope he pulls through. To learn more, check out this article written by my colleague Randy Appleton.

Accident Involving Pontiac and Tractor Trailer Injures Three People in Chesterfield

blog@www.hsinjurylaw.com (blog Author)30535 — Mon, 26 Apr 2010 08:00:00 EST

We've all missed an exit on the highway every now and again. It's definitely an inconvenience, but not an excuse to take a serious risk and make an illegal turn. Unfortunately, the driver of a Pontiac on Route 288 in Chesterfield, Virginia (VA) made a rash decision and performed an illegal U-turn near Woolridge Road to try and get back to an exit they missed.

While making this illegal turn, the driver ignored oncoming traffic resulting in a tractor trailer slamming directly into the Pontiac. Two people in the car were hurt, as was the driver of the tractor trailer, according to VA Fire News.

It makes you wonder if the driver of the Pontiac had just been patient and traveled to the next exit to make a legal turn to get back to the missed exit this accident may have been avoided. Instead, the driver is injured and could face serious charges.

Passengers in these types of wrecks may want to consider filing a personal injury claim against the at-fault driver's insurance. This can be a delicate, and sometimes awkward, situation since the driver may be a friend or family member. But remember, you're not filing the claim solely against the driver. You're filing a claim against the insurance company. It is not a personal attack against your friend or loved one. You are simply exercising your legal right to obtain compensation to help cover medical expenses, lost wages, and pain and suffering.

Scooter Crash in Staunton Leaves Man Seriously Injured

blog@www.hsinjurylaw.com (blog Author)30587 — Mon, 26 Apr 2010 08:00:00 EST

Riding a motor scooter, moped, ATV, or motorcycle requires a heightened level of caution and vigilance. Why? Because you are fully exposed in an accident and could suffer a very serious injury like a shattered pelvis, broken leg, and/or traumatic brain injury. It is not like driving a car or truck, where you have the frame of the vehicle (and air bags in most cars) to provide some level of protection. In fact, bone fractures occur in about 25 percent of all scooter accident injuries.

Unfortunately, a man in Staunton, Virginia (VA) threw caution to the wind on his scooter by running a red light on Greenville Avenue and wound up slamming directly into an SUV. The scooter operator suffered serious injuries and is in serious condition at University of Virginia Medical Center, according to newsleader.com.

In the year 2000, the Consumer Product Safety Commission reported there were almost 40,000 scooter accident injuries that required medical attention in an emergency room.

These facts are not meant to dissuade you from enjoying a ride on your motor scooter. Just be aware of the risks and exercise caution. Always wear a helmet. You are not legally required in VA, but it is strongly recommended. A helmet is currently the best protection available to prevent a serious head injury. And, as always, obey street signs and traffic signals.

Failing to Order More Tests Can Be Considered Medical Negligence

blog@www.hsinjurylaw.com (news Author)14265 — Sun, 25 Apr 2010 08:00:00 EST

Ordering more tests and seeking the consultation of specialists isn’t always “defensive medicine,” it’s just being a responsible doctor. There are times where it is completely appropriate and necessary for more tests to be conducted and when a doctor fails to do this and a patient dies, it can be considered medical negligence. To learn more, check out this article written by my colleague Jim Lewis.

Additional Compensation Obtained for Baby that Suffered a Traumatic Brain Injury

blog@www.hsinjurylaw.com (blog Author)30489 — Sat, 24 Apr 2010 08:00:00 EST

A 14-month-old baby suffered a traumatic brain injury after a minivan carrying the child was hit by a flat bed tow truck in Richmond, Virginia (VA). The ramifications of this injury, which resulted in permanent cognitive impairment, are life-altering and will likely hinder this child’s development.

A products liability lawsuit was filed and settled confidentially. However, the attorneys representing the child did not stop there. A declaratory judgment action was filed to determine what type of insurance coverage was available on the tow truck’s policy at the time of the truck wreck. A declaratory judgment is usually requested when a party is threatened with a lawsuit but the lawsuit hasn’t been officially filed. It turns out the truck company had a $750,000 policy on the vehicle. A settlement was eventually reached for $675,000.

Pursuing as much compensation as possible for a traumatic brain injury victim is important considering the expenses that may accrued. For example, the average cost of caring for the victim of a traumatic brain injury is roughly $4 million, according to health-helper.com.

Our firm dealt with a similar situation in a case where our client suffered a mild traumatic head injury and required assistance for the rest of his life. We recognized the fact that when we filed our lawsuit, pursuing as much compensation as possible was necessary to help make sure our client would receive proper medical care. Fortunately, we attained a $46 million jury verdict for our client, the largest jury award for a mild head injury in the United States at that time.

The combination of the products liability settlement and the $675,000 from the tow truck’s insurance policy will help the family of the young child handle unexpected expenses and help them to hopefully regain some semblance of their former life. There’s no arguing the fact that their lives have been permanently altered, but this compensation will at least help ensure they get access to quality medical treatment.

Attorney Discusses "Vicarious Liability" in Medical Malpractice Cases

blog@www.hsinjurylaw.com (news Author)14243 — Fri, 23 Apr 2010 08:00:00 EST

If you’ve been hurt due to the negligence of a nurse or hospital assistant, do not hesitate to file a medical malpractice lawsuit. Most lawsuits are filed against the hospital, not just against the employee. To learn more, check out the article written by my colleague Jim Lewis.

Manual Explores Ways to Avoid Big Rig Truck Accidents

blog@www.hsinjurylaw.com (news Author)14227 — Thu, 22 Apr 2010 08:00:00 EST

Traveling alongside a large commercial truck like a big rig, 18-wheeler, or tractor trailer on Interstate 64 (I-64), I-264, or I-664 can be unsettling. This is why the Federal Motor Carrier Safety Administration released an "Accident Counter Measures Manual" to inform truck drivers of ways to avoid getting into serious truck wrecks. My colleague John Cooper wrote about this manual and the risks associated with riding along large trucks on the highway in Virginia (VA). To learn more, check out the article.

Asbestosis Victim Receives $15 Million Award from Jury

blog@www.hsinjurylaw.com (blog Author)30392 — Thu, 22 Apr 2010 08:00:00 EST

Troy Lofton spent his entire career working in the oil industry for ConocoPhillips handling bags filled to the brim with asbestos. He used to rip these bags open and dump the contents into mud hoppers. Mr. Lofton described looking like a “snowman” after performing this task and breathed in asbestos dust for years. He is now struggling with asbestosis and testified in court with tubes in his nose and ears along with an oxygen bottle that assists his breathing 24 hours a day.

The defense attorneys for ConocoPhilips resorted to using the testimony of an “expert” who alleged it was unlikely that Mr. Lofton had asbestosis even though this “expert” did not review Mr. Lofton’s work history with asbestos. The “expert” eventually acknowledged that Mr. Lofton was a pulmonary cripple (i.e. he will never be able to breathe without assistance again), according to Lawyers USA.

The jury didn’t buy the defense attorney’s argument and sided with Mr. Lofton awarding him $15,200,000 for economic damages, pain and suffering, loss of employment, emotional distress, and fear of cancer.

We are very happy to hear about this verdict. It sends a signal to big corporations who’ve used asbestos in the past and failed to adequately inform and help their employees that this kind of behavior is unacceptable.

Our firm understands how challenging asbestos lawsuits can be. It’s very much like David vs. Goliath. These corporations have millions, and in some cases billions, of dollars at their disposal (a majority of which goes to paying defense attorney fees and “experts”).

We’ve represented multiple railroad workers who are struggling with asbestosis and mesothelioma cancer after being exposed to asbestos in the workplace for decades. For example, our firm represented two rail employees of a large Class One railroad. They were conductors and switchmen employed by the railroad for over twenty years. R.T., the earlier of the two clients, contracted mesothelioma. D.H., the other client, was a switchman employed in the state of Alabama (AL). He performed freight switching activities and wasn’t aware that he was working with or even handling asbestos. Nonetheless, it was apparent that D.H. was exposed to a number of products utilized by the railroads that contained asbestos materials and asbestos insulation, including train cars, locomotive engines, and office buildings and work places that were insulated with asbestos.

Tragically, both clients passed away during the litigation process so we pursued justice on behalf of the families. Fortunately, we reached a settlement that was satisfactory to the families, but it wasn’t easy. Railroad defense attorneys routinely delay and try to deny valid injury/disease claims. Just like in Mr. Lofton’s case, the defense brings in so-called “experts” who have been bought and paid for by the defense to strengthen their side of the case. It can be very difficult to reach a settlement or jury verdict. Nevertheless, we are more than happy to take on the challenge and fight for the interests of injured rail workers who’ve been stricken with these terrible asbestos diseases.

The jury verdict for Mr. Lofton will never be able to fully compensate for the torment he has to endure for the rest of his life, but multi-million dollar verdicts in these cases will hopefully awaken a sense of responsibility in these big companies that they need to be responsible when it comes to workplace safety and taking care of their injured workers. But when they don’t, we’ll be there to help the little guy get justice.

Attorney Discusses Truck Accident on Interstate 95 (I-95) in Virginia

blog@www.hsinjurylaw.com (news Author)14184 — Wed, 21 Apr 2010 08:00:00 EST

A dump truck driver was charged with reckless driving after losing control of the truck and hitting 12 cars on Interstate 95 (I-95). Five people are receiving treatment for their injuries at Virginia (VA) hospitals. Fortunately, this truck wreck didn’t result in a loss of life. To learn more, please check out the article written by my colleague Jim Lewis.

Virginia Attorney Discusses the Consequences of Medical Mistakes

blog@www.hsinjurylaw.com (news Author)14203 — Wed, 21 Apr 2010 08:00:00 EST

Nearly 100,000 people die every year due to preventable medical mistakes and this number is probably a conservative estimate since many hospitals don’t require reporting medical errors. My colleague Jim Lewis wrote about a medical mistake made by a surgeon that wound up killing a 76-year-old man in Chesterfield, VA. The victim had three daughters and a wife. To learn more, check out the article.

Bike Rider Hit and Killed by City Truck in Charlottesville, VA

blog@www.hsinjurylaw.com (blog Author)30222 — Tue, 20 Apr 2010 08:00:00 EST

A graduate student at UVA was enjoying a ride on his bike down West Main in Charlottesville, Virginia (VA) when he encountered a city utility truck while it was making a right turn onto Fourth Street. Sadly, this encounter had tragic consequences. The bike rider hit the front right tire of the truck, suffered serious injuries and died from those injuries while being transported to the University of Virginia Medical Center, according to nbc29.com.

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Reports indicate the bike rider was wearing a helmet and charges may be filed against the truck driver, though the accident is still being investigated. An important aspect of this bike accident that needs to be determined is if the truck driver failed to give a signal or did not provide enough time while turning to give the bike rider an opportunity to avoid a collision.

This accident puts a spotlight on the inherent risks bike riders are exposed to while sharing the road with massive vehicles like city trucks. Just one error, either by a truck driver or bike rider, can have tragic consequences.

A bill that would given bike riders an additional foot of clearance on roadways was defeated 54-43 in the House of Delegates back in February. If that bill passed, it would have increased the clearance when cars, trucks, SUVs, etc. pass bike riders from two feet to three feet. While the bill was supposed to increase safety for bike riders on the roads, the counterargument was that it would have had an adverse effect on drivers who try to pass.

Re-examining the issue of providing more space between bicyclists and drivers should be explored in the future. Bike riders are at such a high risk of serious injury on busy roads that something needs to be done to improve their safety.

To the family of the bike rider, my deepest sympathies go out to you. This is one of those terrible moments every family dreads.

Shore Drive in Virginia Beach is a Dangerous Stretch of Road

blog@www.hsinjurylaw.com (news Author)14128 — Mon, 19 Apr 2010 08:00:00 EST

Four people, two pedestrians trying to cross the street and two bicyclists, have been killed in roughly two years on Shore Drive. Is this a coincidence or is there something inherently lacking with the safety of this stretch of road? The latter is more appropriate. Check out Jim Lewis' article to learn why.

West Virginia Tries to Tackle Red Light Runners with "Target Red" Campaign

jlewis@hsinjurylaw.com (blog Author)30162 — Mon, 19 Apr 2010 08:00:00 EST

Huntington and Cabell County police are investing approximately $10,000 in the "Target Red" campaign. Police will look to crack down on red light runners at high volume intersections, including traffic lights where there have been car accident deaths.

For example, police plan to target 1st Street and 4th Avenue in Huntington County, West Virginia (WV), where red light runners caused 13 major car crashes in 2009, according to wsaz.com.

Over 1,000 car wrecks were attributed to “improper stopping” in Huntington. Nationwide, over 260,000 car accidents occur every year from red light runners, according to the Insurance Institute for Highway Safety (IIHS).

West Virginia law states:

§17C-3-4. Obedience to traffic-control devices; official signs to be in proper position, etc; penalty

(a) The driver of any vehicle and the operator of any streetcar shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

(b) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.

Despite recent efforts, WV received a ranking of “poor” from the IIHS for the use of red light cameras. The “Target Red” campaign doesn’t involve an increase in red light cameras, but the increase in police officers monitoring traffic violations could be helpful.

4-Year-Old Smyth County Boy Killed by Norfolk Southern Train

blog@www.hsinjurylaw.com (blog Author)30115 — Sat, 17 Apr 2010 08:00:00 EST

A terrible tragedy occurred in Atkins, Virginia (VA) when a 4-year-old was hit and killed by a Norfolk Southern (NS) train. The child was reportedly playing near train tracks when he was hit by a step on the side of the NS train's engine, according to nbc29.com.

The young child was originally from Smyth County, VA and this accident occurred at 7 p.m. near a mobile home park in Atkins.

My deepest condolences go out to the parents of this young child. Any death due to an accident is terrible, but it's especially gut-wrenching when someone so young is taken from us far too soon.

An investigation has been launched to determine what exactly caused this train accident and one of the first steps investigators plan to take is analyzing video from a camera on the Norfolk Southern train, according to wsbt.com.

Our firm has experience handling train accident cases. For example, we represented a client in Winchester, VA who suffered neck and low back injuries after a train derailed. Our client required multiple pain medication injections to the spinal cord area. Fortunately, we were able to reach a successful settlement of $370,000 so our client could cover medical expenses and pain and suffering.

There have been 103 Norfolk Southern train accidents in VA from 2006 to 2009, according to the Federal Railroad Administration Office of Safety Analysis. Approximately 34 people were killed in those accidents during that period.

Industrial Accident Injuries Could Increase with Off-Shore Drilling

blog@www.hsinjurylaw.com (news Author)14087 — Thu, 15 Apr 2010 08:00:00 EST

President Obama recently lifted the ban on off-shore drilling and Virginia will likely be the first state to pursue to domestic drilling and exploration off the coast. This is likely to lead to a heightened risk of serious industrial accident injuries. To learn more, check out the article.

New Virginia Law Improves Trailer Safety

blog@www.hsinjurylaw.com (blog Author)30022 — Thu, 15 Apr 2010 08:00:00 EST

A major step towards improving trailer safety was taken recently with the passage of Senate Bill 646. This new law requires all trailers have an emergency chain or cable that is capable of keeping the trailer attached to your car, truck, van, SUV, etc.

The law specifically states:

"The connection between any two vehicles, one of which is towing or drawing the other on a highway, shall consist of a fifth wheel, drawbar, trailer hitch, or other similar device not to exceed 15 feet in length from one vehicle to the other. Any such two vehicles shall, in addition to such drawbar or other similar device, be equipped at all times when so operated on the highway with an emergency chain or cable that is structurally adequate to securely stop and hold the trailer being towed."

This regulation addresses a key safety concern for trailers - the fact that there was no requirement to have any type of chain or cable that would help ensure the trailer remains connected to a vehicle while on Virginia (VA) roadways. There have been instances of trailers attached with duct tape and string (talk about dangerous).

Since 1988, over 3,600 people have suffered serious injuries from detached, runaway trailers and 121 lives have been lost since 1975. Many of these trailer injuries and deaths may have been prevented if better regulations were in place to ensure trailers are properly attached to vehicles. Fortunately, this new law will help fix that problem.

The law probably wouldn't have been enacted without the tireless efforts of Ron Melancon, a Richmond, VA man who has been an advocate for improved trailer safety. His web site, Dangeroustrailers.org, placed a spotlight on the issue of reforming trailer laws not only in Virginia (VA), but nationwide. We congratulate him on this legislative victory and hope to see further improvements in trailer safety down the road. We wholeheartedly agree with Ron that no life should be lost and no serious injury should occur due to a runaway trailer.

Injured CSX Rail Worker Appeals Jury Award, Receives Larger Reward

blog@www.hsinjurylaw.com (news Author)14063 — Wed, 14 Apr 2010 08:00:00 EST

A CSX rail worker suffered serious injuries that could affect his quality of life for years to come. The jury's decision on this FELA case failed to provide any compensation for future pain and suffering. The worker decided to appeal and he made the right choice. On appeal, the court decided this was outrageous and increased the worker's reward to compensate for future injury issues. To learn more, check out the article written by my colleague Randy Appleton.

Loss of Life from Auto Accidents Down, But Further Decreases are Needed

blog@www.hsinjurylaw.com (blog Author)29968 — Wed, 14 Apr 2010 08:00:00 EST

We should be proud of the fact the lowest percentage of people have been killed in car accidents in the U.S. since the 1950s. Nevertheless, far too many drivers lose their life, or suffer serious injuries, in car crashes, truck wrecks, and other types of auto accidents that could be prevented.

For example, speeding is a factor in more than 31 percent of car accident deaths, drunk drivers are involved in 32 percent of fatal wrecks, distracted driving plays a role in about 16 percent of crashes, and 55 percent of people killed in auto accidents are not wearing seat belts, according to the National Highway Traffic Safety Administration. In 2009, nearly 34,000 people died in traffic crashes in the U.S.

All of these numbers need to go down.

"Zero is the only thing that's acceptable," said Anthony Kane, director of engineering and technical services at the American Association of State Highway and Transportation Officials.

That's why a new program called "Toward Zero Deaths" was created. Six states - Idaho, Minnesota, Oregon, Utah, Washington and West Virginia - have adopted many of the provisions in the "Toward Zero Death" program.

Utah is a prime example of the improvements that can be made by adopting the "Toward Zero Deaths" program. The state has seen a 15 percent drop in their car accident deaths since beginning the program in 2006, according to USA Today. In fact, Utah decreased auto accident deaths by 24 percent from 2000 to 2005. How did they accomplish this? Well, one of the key components was initiating engineering reforms such as improving rumble strips and median separations. This model could, and should, be implemented nationwide.

Technological advancements also play a crucial in reducing car accident deaths. Some of these advancements include cameras that detect when a driver is sleepy, electronic stability controls that reduce fatalities in rollover accidents, and alcohol ignition interlocks that prevent a drunk driver from starting the car.

If these innovations can make their way into a majority of cars, trucks, and SUVs across the U.S., there's a good chance we'll see the loss of life from auto accidents decrease significantly. Will we ever get to zero deaths from traffic accidents? Probably not; though it's a laudable goal and we should aim to get as close to zero as humanly possible.

Motor Bike Rider Hit and Killed by Jeep in Leesburg, Virginia

blog@www.hsinjurylaw.com (blog Author)29991 — Wed, 14 Apr 2010 08:00:00 EST

James W. Boice of Harpers Ferry, West Virginia (WV) was enjoying an early morning ride on his Suzuki motorcycle when his life came to an abrupt end. He was hit from behind by a Jeep Cherokee at the intersection of East Market Street and Battlefield Parkway in Leesburg, Virginia (VA).

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After the motor bike/SUV crash, Mr. Boice was transported to Loudoun hospital center but died of his injuries, according to wtop.com. He was only 39 years old.

Mr. Boice is survived by his wife of four years along with his parents and two siblings. My deepest sympathies go out to them, and the rest of the Boice family.

Mr. Boice apparently made an impact in the lives of many people. On a Loudini.com article written about this tragic motor bike accident, comments were posted by friends and co-workers of Mr. Boice. One heartfelt post said:

"You see it in the movies, that rare person that touched the lives of hundreds of people. This was James. He lived more in his short years than most of us will ever live. He meant more to more people than most of us can ever imagine. He was the life of every party, a true friend to so many people, generous, compassionate. Everyone loved James. Everyone."

The driver of the Cherokee was charged with reckless driving and may face additional charges.

This tragic accident highlights the importance of constant vigilance while behind the wheel of a car, truck, or SUV. Even a brief distraction or moment of mental haze can result in a loss of life.

Attorney Examines I-495 Truck Accident Death in Fairfax County, VA

blog@www.hsinjurylaw.com (news Author)14041 — Tue, 13 Apr 2010 08:00:00 EST

A woman from Massachusetts was killed when a tractor trailer swerved off the road and hit her while she was standing near the right shoulder of exit ramp I-495 west and I-95 south in Fairfax County, Virginia (VA). The tractor trailer driver was charged with reckless driving. To learn more, check out the article written by my colleague John Cooper.

Bayer Adds Blood Clot Warning to Yaz and Yasmin Packages

blog@www.hsinjurylaw.com (blog Author)29915 — Tue, 13 Apr 2010 08:00:00 EST

Bayer, the manufacturer of the birth control pills Yaz and Yasmin, announced they would expand their warning labels to include information about the risk of developing blood clots from these prescription drugs, according to forbes.com. Bayer claims they are only doing this to cooperate with the Food and Drug Administration's request to add more warning language.

Bayer did not mention the fact that thousands of lawsuits have been filed against them in relation to women suffering horrendous side effects (including major blood clots) after using Yaz and Yasmin. Could the impending wave of litigation against Bayer be their real motivation for adding new warning label language about blood clots? It is possible.

Bayer recently used the defense that their warning labels clearly outline the risks associated with taking these drugs. However, this recent revision of their warning labels debunks that defense since the revision indicates the labels were missing important safety information about a potentially deadly side effect (i.e. blood clots).

The FDA finally made the request after two multi-year studies involving 120,000 women taking oral contraceptives (including Yaz and Yasmin) in the United States and the United Kingdom verified the risk of blood clots.

Even with the recent warning label update, it does not change the pain and suffering so many women have endured, or are still enduring, after taking these dangerous drugs. As Judy Jones, the mother of a daughter who is suffering Yaz side effects, said:

"My daughter has been taking this pill for about 4 years and is having kidney problems and has not had her period for 5months she also says that her bowel movements are not normal after hearing about this pill on the news and reading on line I'm concerned..."

So are we. The side effects of these medications can be severe and even life-threatening. To learn more, please take a look at this free consumer report about the dangers of Yaz and Yasmin (get the report here). After you have had a chance to read the report, consider contacting an attorney to discuss your legal options.

Virginia Beach Doctor Sent to Prison Over Health Care Fraud

blog@www.hsinjurylaw.com (news Author)14018 — Mon, 12 Apr 2010 08:00:00 EST

A Virginia Beach, Virginia (VA) doctor defrauded government health care programs out of over $1 million. This is a prime example of health care abuse, a major problem that costs taxpayers over $1 billion every year. My colleague Jim Lewis wrote about this issue and the prison sentence this disgraced doctor received. To learn more, please take a look at the article.

Attorney Discusses Shocking Railroad Crossing Accident Statistics

blog@www.hsinjurylaw.com (news Author)14035 — Mon, 12 Apr 2010 08:00:00 EST

Statistics released by the Federal Railroad Administration were shockingly high. For example, over 9,500 train accidents occurred in 2009. That means a wreck happened every 12 minutes. To learn more, please read this article that was written by my colleague Randy Appleton.

Attorney Explores Rail Worker Asbestos Exposure and Mesothelioma

blog@www.hsinjurylaw.com (news Author)14011 — Sun, 11 Apr 2010 08:00:00 EST

The railroad industry knew of the dangers of asbestos for decades, but it wasn't until 1989 that the EPA issued a final rule that banned new use of asbestos. The fact that the railroad industry continued to use asbestos materials until the ban was enacted has led to a high percentage of rail company employees with this work-related illness. Unfortunately, it appears the number of rail workers afflicted with this terrible disease will not decrease any time soon. My colleague John Cooper wrote about this issue and the prevalence of mesothelioma victims who worked for Norfolk Southern and CSX. Please take a look at the article to learn more.

I-264 Car Crash Injures Three People, Alcohol and Speeding Likely Factors

blog@www.hsinjurylaw.com (blog Author)29825 — Sun, 11 Apr 2010 08:00:00 EST

The driver of a 2009 Honda Accord was traveling in excess of 100mph on Interstate 264 (I-264) in Virginia Beach, Virginia early Sunday morning (around 1 a.m.) when the car suddenly veered off the road and slammed into a guard rail. This caused the operator of a 2009 Yamaha motorcycle to hit the rail resulting in the rider being flung from the bike. All in all, three people were injured in this accident and will require medical treatment.

Reports indicate the driver of the Accord allegedly had alcohol in their system and that played a role in the accident, according to The Virginian-Pilot. They have been charged with reckless driving.

I hate hearing about these types of accidents since there's a chance they could have been prevented if the at-fault driver exercised more responsibility. Not only did this driver display reckless behavior by getting behind the wheel after drinking, but also for driving at a dangerously high speed.

In Virginia (VA), there were 37,099 car crashes related to speeding back in 2008. Close to half (15,041) of those wrecks involved someone suffering a serious injury like a broken neck, severe burns, shattered pelvis, or traumatic brain injury. Approximately 349 of those wrecks resulted in a loss of life, according to the Virginia DMV.

I understand the desire to get where you're going expeditiously, but speeding isn't the answer. The risks far outweigh the potential time saved. This I-264 accident is a prime example.

Attorney Talks About What a Passenger Should Do After a Truck Wreck

blog@www.hsinjurylaw.com (news Author)13972 — Fri, 09 Apr 2010 08:00:00 EST

A lot of the information out there for truck accident victims focuses on the driver, but what if you're a passenger in this type of wreck? Well, my colleague Jim Lewis recently published an article addressing this issue. Take a moment to check it out.

On Chincoteague Island, Ponies Bring Tourists, Traffic

jlewis@hsinjurylaw.com (blog Author)29740 — Fri, 09 Apr 2010 08:00:00 EST

In his latest post to the Eastern Shore Virginia Injury Attorneys Blog, my colleague Rick Shapiro notes that the population of Chincoteague Island swells by a factor of 10 on the fourth Wednesday of each July, when the ponies swim the channel from Assateague Island. Since we practice in Virginia Beach, Virginia (VA), we know the blessing and challenges of tourism - especially tourist traffic.

EJL

Safety Always a Concern for Drivers Crossing the Chesapeake Bay Bridge-Tunnel

blog@www.hsinjurylaw.com (blog Author)29657 — Thu, 08 Apr 2010 08:00:00 EST

The Chesapeake Bay Bridge-Tunnel is an impressive, beautiful and handy way to travel between Virginia Beach, Virginia (VA), and Accomack and Northampton counties on Virginia's Eastern Shore. In his latest post to the Eastern Shore Attorneys Blog, my colleague Rick Shapiro observes that car and truck accidents on the CCBT can often be severe. He also notes that Bay Bridge operators make many efforts to ensure the safety of drivers.

EJL

Firm Co-Sponsors the Twelfth Annual Bench/Bar Conference

blog@www.hsinjurylaw.com (news Author)13937 — Wed, 07 Apr 2010 08:00:00 EST

The Norfolk and Portsmouth Bar Association is presenting the Twelfth Annual Bench/Bar Conference on Wednesday, April 7 from noon to 6pm. This event is co-sponsored by our law firm.

Some of the legal topics to be covered include:

Civil litigation
Criminal law: post-conviction relief options
Ethics
Family law
Ins and Outs of the Norfolk Circuit Court

Attorney Examines Bay Shore Railroad

blog@www.hsinjurylaw.com (news Author)13950 — Wed, 07 Apr 2010 08:00:00 EST

My colleague Rick Shapiro explored the history of the Bay Shore railroad and some of the recent safety concerns about the long-running rail line in his recent article on our Eastern Shore Blog. For example, the company was forced by public attention brought from the Virginian-Pilot to repair one of its rail crossings in Norfolk because bed planks and crossties had become so worn and damaged that they threatened pedestrians' safety and could cause derailments. To learn more, check out the article.

Horrific Coal Mining Accident in West Virginia

blog@www.hsinjurylaw.com (news Author)13898 — Tue, 06 Apr 2010 08:00:00 EST

At least 25 coal miners were killed in a massive explosion in Charleston, West Virginia (WV). This is one of the worst industrial accidents in recent memory. My colleague Rick Shapiro wrote about the situation and the numerous safety violations that have been brought against the mining company over the years. Check out the article to learn more.

Attorney Talks Importance of Seat Belts

blog@www.hsinjurylaw.com (news Author)13903 — Tue, 06 Apr 2010 08:00:00 EST

My colleague John Cooper wrote about the importance of seat belts and the fact that they reportedly save close to 9,500 lives every year in the United States. Unfortunately, only 68 percent of drivers actually wear their seat belts consistently. If 90 percent of drivers took this simple safety step, roughly 5,500 lives could be saved. To learn more check out this article on our new Eastern Shore VA blog.

Boat Safety is Extremely Important on the Eastern Shore

blog@www.hsinjurylaw.com (news Author)13911 — Tue, 06 Apr 2010 08:00:00 EST

Too many people die every year in boating accidents that may have been prevented if safety precautions had been followed. Sadly, some people neglect safety while on the Eastern Shore enjoying the warm weather on their boat. For example, one third of al boating accident deaths involved alcohol. This needs to change. To learn more, check out Randy Appleton's article on our new Eastern Shore blog.

Eastern Shore Residents Have to Few Health Care Options

blog@www.hsinjurylaw.com (news Author)13927 — Tue, 06 Apr 2010 08:00:00 EST

In her latest post on the firm's newest Eastern Shore Virginia Injury Attorneys Blog, my colleague Emily Mapp Brannon notes that people living in Accomack County and Northampton County have few health care choices. Because the Eastern Shore has just one hospital - Riverside Shore Memorial in Nassawadox - and a single clinic group operated by the Eastern Shore Rural Health System, people living there must often travel long distances for medical care and can find their options for quality and expert health care limited.

Attorney Examines the Issue of Road Rage

blog@www.hsinjurylaw.com (news Author)13869 — Mon, 05 Apr 2010 08:00:00 EST

A report commissioned by AAA revealed over 10,000 car crashes have been caused by some form of road rage between January 1, 1990 and August 31, 1996. At least 218 people were killed in car crashes as result of road rage and nearly 13,000 drivers suffered injuries, according to statisticalforecasting.com. A recent incident involving a dump truck and Jaguar in Woodbridge illustrates the dangers and potential injury risks associated with road rage. My colleague Emily Mapp Brannon wrote about this incident and the general problem of road rage on our roadways. To learn more, please check out the article.

Lawyer Looks at CEO Compensation while Injured Rail Workers Struggle

blog@www.hsinjurylaw.com (news Author)13856 — Sun, 04 Apr 2010 08:00:00 EST

My colleague John Cooper wrote about the compensation package of CSX CEO Michael Ward. He was recently named to Wall Street Journal's "Highest Compensated" list. Unfortunately, while Mr. Ward is raking in millions of dollars, injured railroad workers (many of whom have spent their lives working for CSX) are struggling with mesothelioma cancer and serious injuries. If they decide to file suit against CSX for compensation, many spend years battling with railroad defense attorneys. It appears the focus at CSX, and other rail companies, is to place the emphasis on executive pay rather than employee pay.

Traumatic Brain Injury Goes Undiagnosed for a Year

blog@www.hsinjurylaw.com (blog Author)29446 — Sun, 04 Apr 2010 08:00:00 EST

A woman driving a car in Fairfax, Virgin (VA) was hit by a box truck back in April of 2006 and the accident was severe - her car turned 90 degrees and was propelled over 50 feet before coming to a stop. Today, the woman has no memory of the car accident, or turning 90 degrees, or being forced 50 feet down the road. The loss of memory is a tell-tale sign of a head injury, but she didn't receive a proper diagnosis until May of 2007.

The woman felt "loopy" for three days after the car crash and had the understandable frustration of having to get her nearly-demolished car repaired. She realized what happened was not her fault and wisely sought legal counsel. A lawsuit was filed and the woman was eventually examined by a neuropsychologist who was hired by defense attorneys.

This tactic backfired for the defense since the neuropsychologist declared the woman "suffered significant declines in three separate indices of attention," according to Virginia Lawyers Weekly. As a result, a settlement was reached for $562,500. A portion of this settlement went to cover the victim's medical bills ($11,000) along with helping cover lost wages, rehabilitation, and pain and suffering.

I'm glad to see this woman receive justice. Her situation illustrates just how subtle the effects of a traumatic brain injury can be. She was still able to go about her daily routine and work, but her memory and ability to process information was damaged. It wasn't noticeable right away. As she said, it was a "loopy" feeling that she probably just chalked up to being a car accident.

We should use this case as an example of the importance of getting checked out by a doctor, and a neurologist, after a major car wreck. You may not think you've suffered a traumatic brain injury, but the effects may be so subtle you wouldn't categorize it as "traumatic" and it could just be a "loopy" feeling. Don't delay; get an examination to see if something is wrong.

If it's determined you did indeed suffer a head injury and believe it was due to someone else's carelessness, please contact a lawyer immediately. As this case shows, an attorney can help you throughout the litigation process and work to get compensation for medical expenses, lost wages, and pain and suffering.

Law Firm Publishes New Eastern Shore VA Blog

blog@www.hsinjurylaw.com (news Author)13847 — Sat, 03 Apr 2010 08:00:00 EST

Our law firm recently published a new blog focused exclusively on accident and injury issues on the Eastern Shore. This blog compliments our new specialized practice area blogs in trucking and railroad injuries. Please take a moment to review the site and give us a call if you've been hurt in an accident and live on the Eastern Shore.

Virginia Beach Retirement Home on Verge of Losing Medicare Funds

blog@www.hsinjurylaw.com (news Author)13833 — Fri, 02 Apr 2010 08:00:00 EST

Beacon Shores Retirement Home is set to lose medicare funding in May 2010. Why? Because they've been cited for:

A failure to make sure residents received proper nourishment

Abuse and excessive punishment

Care by nurse/staff who have records of abuse and neglect

My colleague Rick Shapiro wrote about the nursing home abuse that has occurred at Beacon Shores and isn't really surprised they are poised to lose their Medicare funding.

Airplane Crash in Roanoke Kills Pilot, Passenger Seriously Injured

jlewis@hsinjurylaw.com (blog Author)29399 — Fri, 02 Apr 2010 08:00:00 EST

A 1985 single-engine Piper PA-46 Malibu appears to have suffered a serious mechanical failure mid-air and crashed into a UPS freight terminal outside the Roanoke Regional Airport in Roanoke, Virginia (VA). This led to the death of the pilot, Peter Sheeran, and seriously injured the passenger, John Whitmer.

Mr. Whitmer is being treated at Carilion Roanoke Memorial Hospital. He's remains in critical condition, according to CNN.com. I hope he pulls through.

My deepest sympathies go out to Mr. Sheeran's family. As someone who enjoys taking to the skies in small airplanes, I appreciate the risks all pilots take when they're operating an aircraft. This tragic plane wreck goes to show that no matter who is operating the plane, a serious mechanical error can prove problematic. Mr. Sheeran had decades of experience (he was a pilot since the 1970s) but when a critical component on the plane fails, there's very little a pilot can do.

When Mr. Sheeran radioed in to alert Roanoke tower, he said the "control wheels are locked." He may have been referring to the cockpit steering mechanisms that control the plane's elevation and side to side movements, according to Roanoke.com.

This fatal plane crash remains under investigation by authorities from the National Transportation Safety Board, Federal Aviation Administration and Virginia State Police, who are expected to look into "weather, the airplane's maintenance history, log books, radar records and the plane's mechanical components" as a means of finding out what might have caused the wreck, according to justicenewsflash.com.

Chain Reaction Car Crash on I-264 Leaves Four People Seriously Injured, Alcohol May Have Played a Role

blog@www.hsinjurylaw.com (blog Author)29416 — Fri, 02 Apr 2010 08:00:00 EST

Driving under the influence is extremely risky and can have devastating ramificaitons. A prime example is the crash that occurred on Interstate 264 (I-264) in Virginia Beach, Virginia (VA). The driver of an SUV was allegedly under the influence and wound up crossing the median and hitting two other cars. This caused one of these two cars to hit another car and before you know it, you've got a chain reaction car wreck on your hands. Unfortunately, four people suffered serious injuries as a result of this accident, according to The Virginian-Pilot.

Virginia State Police plan to charge the driver of the SUV with driving while under the influence (DUI) and failing to maintain their lane, according to WAVY.com.

Here's a news reports on this car accident...

It's frustrating to hear about these kinds of accidents since this whole ordeal may have been prevented if the driver of SUV exercised a bit more responsibility and didn't drink and drive. Sadly, they didn't and now four people are in the hospital with serious injuries.

If the driver is convicted of the charges, it's likely the insurer of the SUV that started this series of crashes will likely pay out all his/her insurance money at some point. Then, since there are so many people hurt, some survivors of the wreck may have to go to their own auto insurance companies to collect what is called underinsured motorist coverage, once the discovery is made that the earlier settlements or verdicts tapped out the main at-fault person's insurance policy. If you are hurt in this kind of accident you will likely want to get an experienced injury lawyer who can sort through the insurance issues and get you all the compensation you deserve.

For additional information on how to handle a multi-car accident, be sure to take a moment to review these FAQs...

Lawsuits Filed by Republican AGs are Weak, Smack of Hypocrisy

blog@www.hsinjurylaw.com (news Author)13820 — Thu, 01 Apr 2010 08:00:00 EST

13 Attorney Generals, including Virginia AG Ken Cuccinelli, have filed suit against the federal government over the individual mandate provision in the new health care law. These AGs argue the mandate is unconsitutional. However, they overlooked a 1944 Supreme Court case - United States v. South-Eastern Underwriters Association - which clearly states insurance falls under interstate commerce, which would make it subject to the government's commerce clause listed in Article 1, Section 8 of the U.S. Constitution.

My colleague Rick Shapiro wrote about the weak underpinnings of these lawsuits and the staggering hypocrisy of Republicans to file a lawsuit over the individual mandate. Let's not forget that Republican lawmakers railed against so-called "junk" lawsuits during the health care debate. Now they're filing a junk lawsuit to try and overturn a provision in the new law.

Attorney Discusses Fatal Truck Wreck That Was Due to Bad Truck Brakes

blog@www.hsinjurylaw.com (news Author)13822 — Thu, 01 Apr 2010 08:00:00 EST

Two people in a car were hit by a tractor trailer, whose driver allegedly operated the truck knowing the bad brakes were bad. Reports indicate the truck had 10 brakes, but only three were fully operational at the time of the wreck. My colleague John Cooper wrote about this terrible accident and how frustrating it is to hear about these preventable tragedies.

22-Year-Old Worker in Norfolk Killed in Industrial Accident

blog@www.hsinjurylaw.com (blog Author)29370 — Thu, 01 Apr 2010 08:00:00 EST

A 22-year-old industrial worker for J.W. Hill and Son Roofing Company in Norfolk, Virginia (VA) was killed when the fiberglass skylight he was working on at East Coast Repair and Fabrications broke. As a result, the worker plummeted 30 feet to his death, according to WAVY.

This is one of those accidents which remind us how fragile life is. One moment, the worker was putting down sealant at his job and the next moment, he was gone. My deepest condolences go out to the friends and family of this young worker. The grieving process isn't easy, but staying focused on positive memories can help.

Sadly, the loss of life from industrial accidents is not uncommon in the U.S. There were 5,071 fatal industrial accidents in 2008, according to the Bureau of Labor Statistics. Approximately 680 of those accidents involved a fatal fall.

The details surrounding this fatal industrial accident are still unclear. We don't know what exactly caused the glass to break or if anything could have been done to prevent this incident from occurring. The investigation continues.

The Treatment for a Loss of Limb Varies Greatly Around the World

blog@www.hsinjurylaw.com (news Author)13771 — Wed, 31 Mar 2010 08:00:00 EST

The pain and suffering associated with a lost limb can be devastating. It can completely change someone's life. Nevertheless, we have to remember how fortunate we are to be in the U.S., where we have access to some of the best doctors in the world and artificial limbs.

Many underdeveloped counties like Haiti, for instance, do not have this type of access and after a horrific earthquake occurred, thousands of victims who lost a limb were forced to beg for money and food. It's a terrible situation that should remind all of us that even in our darkest days, the situation could be much worse in another part of the world.

Attorney Examines New Regulations Aimed at Reducing Truck Wrecks

blog@www.hsinjurylaw.com (news Author)13786 — Wed, 31 Mar 2010 08:00:00 EST

Drowsy truck drivers account for nearly 13 percent of all truck wrecks. In addition, over 6,000 people are killed in accidents attributed to distracted driving. New regulations are aimed at reducing both distracted driving and drowsy driving by truckers. My colleague Jim Lewis provides some insightful information about these regulations. Be sure to check out the blog.

Children Particularly Prone to Brain Injuries

blog@www.hsinjurylaw.com (blog Author)29178 — Wed, 31 Mar 2010 08:00:00 EST

"March is Brain Injury Awareness Month and a good time to help protect young athletes from suffering long-lasting or permanent effects from concussions."

Dr. Joel Brenner, who directs the Sports Medicine Program at Children's Hospital of the King's Daughters in Norfolk, Virginia (VA), opened a March 9, 2010 Virginian-Pilot editorial with this true, but incomplete, statement. As a father of three -- one a high school wrestler -- and a lawyer who represents brain injury victims, I believe every month, every day, is the right time to protect our youngsters' developing brains.

I also know I am not alone in recognizing this. The Virginia General Assembly this year passed, and Gov. Bob McDonnell has indicated he will sign, legislation requiring expanded education about and care for concussions in high school sports. Contact sports and athletic pursuits such as cheerleading and gymnastics put children and teens at risk for suffering direct blows to the head and falling and hitting their heads. Car accidents are another leading cause of head and brain injuries, ranging from concussions to internal bleeding and skull fractures.

Severe brain injuries can lead to death or permanent disability almost immediately. Mild traumatic brain injury -- the category into which concussions fall -- can lead to problems that last a lifetime, especially when an MTBI is poorly treated or recurs. Not every brain injury can be avoided, but all must be guarded against and resolved to the extent possible.

EJL

Three Killed by Runaway Freight Train Cars in Norway

blog@www.hsinjurylaw.com (blog Author)29080 — Tue, 30 Mar 2010 08:00:00 EST

The term "runaway train" gets used so often to describe situations people have lost control over that the actual pain, suffering, injuries and death an actual runaway can cause goes unrecognized. The tragic reality occurred March 24, 2010 in Oslo, Norway, when cars broke free from a freight train, rolled downhill and out of control for nearly three miles and slammed into a dump truck and terminal building before crashing into the harbor of an industrial rail yard.

Three rail workers inside and around the terminal lost their lives, according to an Associated Press report. Another three yard employees suffered injuries.

Train operators and government officials could not immediately identify the cause of the train wreck. Runaway train accidents and derailments in the United States have occurred because of brake failure, debris or other vehicles on the tracks, damaged tracks and errors by engineers and other train crew members.

Whatever the cause of the train accident in Norway last week, the message is clear: When trains or train cars run out of control, people not even on the train often get hurt and killed. I hope that when the reason for the accident is found, rail operators in Virginia (VA), West Virginia (WV), North Carolina (NC) and Washington, D.C., such as Amtrak, Norfolk Southern, CSX and WMATA (DC Metro) learn lessons from the tragedy and work to prevent a similar incident involving a runaway train.

EJL

Intersection Accident in Virginia Beach Leaves Three People Injured

blog@www.hsinjurylaw.com (blog Author)29199 — Tue, 30 Mar 2010 08:00:00 EST

Three people suffered serious injuries due to a major car wreck at the intersection of Old Forge Road and Presidential Boulevard in Virginia Beach, Virginia (VA). Sadly, one of the victims was a child.

View Larger Map

Reports indicate a car and an SUV approached the intersection, but the car was driving far too fast and failed to properly stop at the stop sign, according to wvec.com. The crash was so severe that the SUV flipped over multiple times and one of the cars burst into flames.

Unfortunately, intersection accidents are a common occurrence in the U.S. In fact, nearly 8,000 people were killed in car crashes at intersections in 2008, according to the Federal Highway Administration. What's even more disturbing is the fact that despite improved intersection designs and more sophisticated traffic engineering measures, the annual loss of life in car wrecks at intersection has not decreased in over 25 years.

Local Va. Beach residents say the intersection at Old Forge Road and Presidential Boulevard is particularly dangerous and drivers need to exercise caution.

"This intersection you gotta be really careful because there are so many close calls here it's unreal," said Jim Sottile, who was close to the scene of the car accident when it occurred.

Mr. Sottile makes a good point. The best deterrent to an intersection accident is being cautious, vigilant and patient at an intersection. Failing to come to a complete stop and rushing through the intersection is a recipe for a major car wreck and serious injuries.

Attorney Discusses Tragic I-65 Truck/Van Accident

blog@www.hsinjurylaw.com (news Author)13705 — Mon, 29 Mar 2010 08:00:00 EST

The deadliest truck accident in Kentucky since 1988 recently occurred on Interstate 65 (I-65). News reports indicate a tractor trailer veered off the road, crossed the median, and slammed into a 15-passenger Dodge Van. This truck/van wreck resulted in 11 lives lost. It's a truly tragic event. My colleague John Cooper discusses the accident and the tremendous responsibility all truck drivers have. To learn more, check out the article.

Attorney Explores Safety Risks of Kit-built Airplanes

blog@www.hsinjurylaw.com (news Author)13682 — Sat, 27 Mar 2010 08:00:00 EST

In 2008, eighty-two people died in airplane accidents involving kit planes, according the Aircraft Owners and Pilots Association's safety foundation. This is why my colleague Jim Lewis decided to explore the inherent safety risks of these types of planes. The statistics are rather disturbing - 18 percent of airplane crashes involve kit-built planes, even though they only account for five percent of flight time. Check out the article to learn more.

Attorney Examines Reconstructive Surgery for Accident Victims

blog@www.hsinjurylaw.com (news Author)13664 — Fri, 26 Mar 2010 08:00:00 EST

There is a misconception that plastic surgeons are simply beholden to supermodels, celebrities and ex-cast members of "The Hills." That is not the case. Many plastic surgeons specialize in reconstructive surgery which is aimed at helping victims of car crashes, truck wrecks, ATV accidents, serious burn victims. etc. That is what my colleague John Cooper wrote about. To learn more, check out the article.

Will Passenger Rail Return to Norfolk?

blog@www.hsinjurylaw.com (blog Author)28954 — Fri, 26 Mar 2010 08:00:00 EST

Plans, money and commitments seem to be falling into place to reintroduce passenger rail service between Norfolk, other cities in south Hampton Roads and Richmond. Initial efforts would involve running Amtrak trains on freight railroad tracks owned and operated by CSX and Norfolk Southern. Within a decade, high-speed passenger trains could be arriving daily at a station in Downtown Norfolk that connects riders to the Tide commuter light-rail system. My colleague John Cooper parses this news in his latest post to the Norfolk Injuryboard.

EJL

Carbon Monoxide Buildup inside Boat Killed Father, Arizona (AZ) Family Claims

blog@www.hsinjurylaw.com (blog Author)28966 — Fri, 26 Mar 2010 08:00:00 EST

An Arizona (AZ) family who had rented a houseboat for a vacation on Lake Powell is claiming that a range of onboard generator, maintenance and gas detector problems led to the carbon monoxide poisoning death of the 62-year-old father. According to a report in the Deseret News, the Howeth family has filed suit against "Aramark Corp., which rented the boat ...; Twin Anchors Marine Ltd., which made the boat; Centek Industries Inc., which manufactured a part in the generator; Marine Technologies, which made the carbon monoxide detectors; and Westerbeke Corp., which manufactured the generator."

The 62-year-old Howeth apparently suffered a heart attack when the houseboat's cabin filled with carbon monoxide. Other members of the family said they suffered less severe symptoms of carbon monoxide poisoning, ranging from vomiting and headaches to confusion and chest pains.

Carbon monoxide buildup inside houseboats and other boats with engines has long been recognized as a serious threat to people's health. The U.S. Coast Guard warns boaters that they can easily mistake carbon monoxide poisoning for seasickness and advises boaters to never switch on a motor or generator without ensuring they have working gas detectors and clear exhaust vents. Running engines while tied up to a dock, near another boat or beside a seawall also puts boaters -- and houseboat dwellers in particular -- for carbon monoxide poisoning.

Most people who go out on the water recognize and accept risks such as drowning, capsizing and getting caught in rough weather. The incident in Arizona should wake boaters, boat makers and boat operators up about other dangers.

EJL

Swiss Regulators Mistakenly Keep Yaz and Yasmin on the Open Market

blog@www.hsinjurylaw.com (blog Author)29005 — Fri, 26 Mar 2010 08:00:00 EST

Swissmedic, which oversees medical devices and medicines in Switzerland, made a questionable decision to leave Yaz and Yasmin on the open market for consumers to purchase. These dangerous drugs may have contributed to the death of a young woman and another woman who is now disabled, according to World Radio Switzerland.

Swissmedic stated the risk of thrombosis (i.e. blood clot) is higher with Yaz and Yasmin, but the risk remains, as they say "within reasonable limits." I couldn't disagree more. A woman in her 20s having her gallbladder removed after taking these dangerous drugs is not "reasonable." A young woman suddenly suffering pancreatitis is not "reasonable."

Unfortunately, the Food and Drug Administration (the American equivalent to Swissmedic) appears to be making a similar error. Even after a wave of lawsuits have been filed against Bayer, the manufacturer of Yaz and Yasmin, by victims who have suffered serious side effects, these birth control pills are still available to the general public.

I believe the longer these hazardous birth control pills remain available to women the more victims will be created who suffer terrible Yaz and Yasmin side effects. The FDA needs to strongly consider taking them off the market.

For more information about the dangers of Yaz and Yasmin, check out these articles and special reports:

Attorney Discusses the Injury Risks for Kids and Household Items

blog@www.hsinjurylaw.com (news Author)13649 — Thu, 25 Mar 2010 08:00:00 EST

If your child has been injured in an encounter with an "attractive nuisance" on someone else's property, you should consider consulting with an attorney. Why? Because it is the responsibility of property owners to take reasonable steps to keep children away from "attractive nuisances" or make these items less likely to cause harm. To learn more, check out the article.

Car, Tractor Trailer and Light Rail Train Involved in Chain Reaction Accident

blog@www.hsinjurylaw.com (blog Author)28935 — Thu, 25 Mar 2010 08:00:00 EST

A tractor trailer filled with plastic bottles was traveling on Gilroy Road in Cockeysville, Maryland (MD) when it attempted to make a right turn into a Hunt Valley Plant. What the truck didn't expect was a light rail train heading straight towards them.

Unfortunately, neither the truck driver nor light rail operator was able to avoid getting into a major collision which turned into a chain reaction wreck involving not only the trailer and train, but a 2009 Honda Civic. The train slammed into the tractor trailer which subsequently hit the Civic, according to The Baltimore Sun.

Here's a news report on this chain reaction crash...

It appears both the driver of the tractor trailer and Civic escaped serious injury, but the light rail operator suffered serious injuries and is being treated at the Maryland Shock Trauma Center. Two passengers on the train suffered injuries as well, according to wbaltv.com.

There's no official word on who was at-fault for this serious crash. Some people believe the truck driver failed to make a complete stop while turning right. Other people the light rail operator should have seen the truck trying to make the turn and applied their brakes.

Residents of the area report that this particular crossing has been a problem for some time. "They've been fighting to get a gate put across here because they've just got the little sign up top that says 'do not cross,' and we had one almost get hit here doing to the same thing this morning. So, I think the MTA better check into getting a gate put down," said Stephanie Bray, who works near the rail crossing.

Baltimore County police are reportedly contemplating bringing charges against the truck driver, though no action has been taken at this time.

Virginia (VA) Truck Driver Gets $2.5M Settlement After Rear-End Accident Worsens Brain Defect

blog@www.hsinjurylaw.com (blog Author)28826 — Wed, 24 Mar 2010 08:00:00 EST

A northern Virginia (VA) delivery truck driver whose potentially debilitating structural brain defect came to light and was made worse by a rear-end accident involving another commercial truck has received an accident settlement of $2.5 million. The settlement covers all of the hundreds of thousands of dollars the accident victim spent on surgeries and other medical treatments following the accident. It also compensates the delivery truck driver for a portion of the wages he lost and will no longer be able to earn.

According to a Virginia Lawyers Weekly report on the accident and settlement, the accident victim did not learn until after the accident that he had been born with a condition in which brain matter could compress his spinal cord, causing significant pain and physical disability. The collision with a flat-bed truck exacerbated his condition and produced many of the symptoms of a traumatic brain injury, including severe headaches, numbness in his face and ringing in his ears, blurred vision, confusion and speech difficulties.

The company that owned and operated the flat-bed truck that ran into the victim's truck while it was broken down and parked on the side of the road out of the flow of traffic initially refused to pay any medical costs or damages because of the delivery truck driver's pre-existing condition. But the victim had almost no symptoms from the condition called Chiari malformation until he was hit. The settlement, then, seems fair and reasonable.

Traffic accidents -- whether they involve cars, trucks, motorcycles or pedestrians -- represent the second most common cause of concussions and other serious brain injuries. When the injury is severe -- hence the medical term "traumatic brain injury" -- men, women and children who suffer them can experience physical and mental problems for years and decades.

EJL

Trasylol is a Dangerous Drug that May Have Killed Thousands of Patients

blog@www.hsinjurylaw.com (blog Author)28880 — Wed, 24 Mar 2010 08:00:00 EST

There was a time when Trasylol, a clotting medication designed to help prevent bleeding, was one of the most frequently used drugs in America. In fact, it was used in one third of all cardiac bypass operations in America, according to CBS News. You'd think a drug used with such regularity was thoroughly tested and safe. Sadly, this was not the case with Trasylol.

Dr. Dennis Mangano conducted a large study including 5,065 patients in 17 countries on the effects of Trasylol. The results were shocking. The study revealed a correlation between Trasylol use and kidney failure. The five-year death rate for patients given Trasylol was 20.8 percent, compared to 15.8 percent for those given another drug, aminocaproic acid and 14.7 percent for those given tranexamic acid, according to U.S. News.

Other Trasylol side effects include increased risk of stroke, encephalopathy (i.e. a brain disorder that can lead to a coma), and heart attacks.

If you think the side effects are bad, the story behind Trasylol is even worse. It was approved by the FDA in 1993, but the warning signs surrounding the drug started to appear well before then. A doctor performed a study on the effects of Trasylol on animals and discovered the aforementioned risk of kidney failure. This study was done way back in the early 1980s. Bayer, the company which manufactured Trasylol, was dismissive of the findings.

Dr. Mangano's study was released in 2006 and his findings were so extensive that Bayer decided to address the concerns by commissioning their own study with a Harvard doctor named Alexander Walker. He wound up substantiating the findings of Dr. Mangano. Shockingly, Bayer decided to withhold this information from the public.

It took Dr. Walker blowing the whistle on Bayer's dubious practices before the FDA took action. After years of delay, Trasylol was taken off the market in 2007, according to the U.S. News article. Dr. Mangano estimates roughly 22,000 lives were lost due to the FDA's inaction.

Here's a video of a 60 Minutes news report about the dangers of Trasylol...

The actions of Bayer are deplorable and the slow response by the FDA is highly questionable. Fortunately, there is a chance justice can be achieved in court. If you were given Trasylol, or you have a loved one who suffered an injury or a loss of life from this medication, I strongly urge you to consider hiring an attorney. This is a dangerous drug and Bayer should have taken action sooner to address the health risks. Please contact our office for a confidential, no-pressure consultation.

Attorneys Discusses Dangers of Running a Red Light

blog@www.hsinjurylaw.com (news Author)13595 — Tue, 23 Mar 2010 08:00:00 EST

Over 150,000 people suffer serious injuries due to red light runners. The time you save from running a red light (maybe two minutes at most) just isn't worth the risk. That's why my colleague John Cooper wrote an article about the importance of stopping at a red light and the deadly ramifications of red light running. Check out the article to learn more.

Reedsville Car Wreck Leads to Six Serious Injuries

blog@www.hsinjurylaw.com (blog Author)28777 — Tue, 23 Mar 2010 08:00:00 EST

A 1996 Chevrolet Blazer tried to make a left turn into a Gas N More on Route 7 in Reedsville, West Virginia (WV) when the nightmare began. A 2002 Pontiac attempted to pass the line of traffic and wound up slamming into the Blazer.

The crash was so bad that it injured six people, including two kids (ages 1 and 3). One of the kids is currently in critical condition and receiving treatment at Ruby Memorial Hospital, according to wowktv.com.

I truly hope the kids are able to pull through and recover from this terrible car wreck. I couldn't imagine being their parents at this moment. The unease and anxiety that comes with having an injured child in the hospital is gut wrenching.

To make matters even worse, the at-fault driver fled the scene of the accident. Fortunately, police were able to track down the car and charged the driver with driving on a suspended license, causing bodily injury, improper passing and fleeing the scene of an accident.

This incident highlights the importance of sticking around the scene of the accident, even if it's your fault. The driver in this car wreck may have still faced charges for driving on a suspended license, but that additional charge of fleeing the scene of an accident will not look good in court. The law in West Virginia regarding hit-and-run accidents is clear:

§17C-4-1. Accidents involving death or personal injuries.

Any person violating the provisions of subsection (a) of this section after being involved in an accident resulting in the death of any person is guilty of a felony and, upon conviction thereof, shall be punished by confinement in a correctional facility for not more than three years or fined not more than five thousand dollars, or both.

Any person violating the provisions of subsection (a) of this section after being involved in an accident resulting in physical injury to any person is guilty of a misdemeanor and, upon conviction thereof, shall be punished by confinement in a county or regional jail for not more than one year, or fined not more than one thousand dollars, or both.

The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of any person convicted pursuant to the provisions of this section for a period of one year.

Not only is the penalty severe for a hit-and-run, but sticking around and trying to help an injured car accident victim is the right thing to do, plain and simple. What if the roles were reversed? Would you really want the at-fault driver to just hit the accelerator and speed off? Of course not.

This car accident also underscores the importance of making proper lane changes and not improperly passing other cars on the road. If the at-fault driver in this wreck had just been more responsible and not tried to make an illegal pass, maybe this major car crash could have been avoided. Unfortunately, we'll never know.

Attorney Examines Mesothelioma Risks for Car Repairmen

blog@www.hsinjurylaw.com (news Author)13572 — Mon, 22 Mar 2010 08:00:00 EST

Many brakes and clutches are contaminated with asbestos and car mechanics are at risk of developing mesothelioma and other asbestos-induced cancers because of their exposure while working at a repair shop. This is what my colleague Randy Appleton wrote about in his newest Injuryboard article.The EPA warned of the risks associated with asbestos for mechanics back in 1986, but the challenge with asbestos cancers is that they don't get noticed for years after the exposure. This means a mechanic in 1986 may not find out they have mesothelioma until today or some time in the future. To learn more, check out the article.

West Virginia (WV) Man Driving Drunk Kills Maryland (MD) Woman

blog@www.hsinjurylaw.com (blog Author)28691 — Mon, 22 Mar 2010 08:00:00 EST

A Hagerstown, Maryland (MD), woman lost her life last Thursday when a man in a pickup truck apparently crossed over the center line of rural U.S. 11 in Martinsburg, West Virginia (WV), and hit her small car head on. The local paper, the Herald-Mail, reported that the pickup's driver failed three field sobriety tests after the accident and was charged with driving under the influence causing death.

The pickup truck driver, identified as 37-year-old Jeffrey Wayne McKinney, had a blood alcohol content of 0.165 when police administered a breath test. A man weighing 160 lbs. needs to drink eight 12 oz. beers within two hours to achieve a BAC of twice the legal limit of 0.08.

Very drunk drivers caused or were involved in 3 of every 10 fatal car, truck and motorcycle accidents in West Virginia during 2006, the last year for which complete data are available. Across the United States, drivers of light trucks -- pickups and SUVs -- caused or died in 42 percent of fatal DUI traffic accidents in 2006.

Any drunk driving death is one too many, and the one in West Virginia on March 18 illustrates how a large number of wrong-way and head-on accidents occur because someone is driving under the influence of alcohol or drugs. Those types of accidents should not and do not need ever happen when people make the responsible decision to stay out of the driver's seat after getting drunk and high. When drunk or drugged drivers do injure and kill, however, my colleagues and I stand ready to work for the victims and make sure they receive justice.

EJL

Tragic Car Accident in Caroline County Highlights Importance of Seatbelts

jlewis@hsinjurylaw.com (blog Author)28692 — Mon, 22 Mar 2010 08:00:00 EST

A terrible car crash occurred in Caroline County, Virginia (VA) involving a mother, her daughter, and another child. The car they were in ran off the side of Route 301 (Richmond Turnpike) and slammed into a tree. The woman died as a result and the two children were seriously hurt. All three were not wearing their seatbelts, according to the Richmond Times-Dispatch.

I want to send my heartfelt sympathies to the friends and family of these accident victims. I'm pulling for the two children and hope they make it through this horrendous incident. As someone who was born and raised in Caroline County, I am truly saddened to hear about this car wreck.

It's so frustrating to hear about a loss of life that may have been prevented. There's a chance, if the woman was wearing her seatbelt, she could have survived the accident. Sadly, we'll never know for sure, but we do know that seat belts save 9,500 lives per year, according to car-accidents.com. We also know that 63 percent of people killed in a car crash were not wearing their seatbelt.

We don't know what caused the car to veer off the road. Was the driver distracted in some way? Were they trying to avoid something in the road? Was there a mechanical flaw? The accident report will provide the final details of what exactly happened.

Attorney Examines Loss of Life after Union Railroad Accident

blog@www.hsinjurylaw.com (news Author)13510 — Fri, 19 Mar 2010 08:00:00 EST

A Union Railroad locomotive engineer was killed in a tragic railroad wreck. They worked for the rail company for 35 years. My colleague Randy Appleton wrote about this terrible train crash and the continued questions surrounding this incident. To learn more, please check out the article.

More Than 100 Infants Injured by Collapses of Recalled Graco Highchairs

jlewis@hsinjurylaw.com (blog Author)28550 — Fri, 19 Mar 2010 08:00:00 EST

Nearly 900,000 Graco highchairs for young infants are being recalled because, according to a U.S. Consumer Product Safety Commission announcement, "The chairs' legs can come out, causing the chair to fall to the ground. Children can suffer serious injuries from the fall."

The recalled highchairs look like the one pictured here. The chairs parents should no longer buy or use have a product identification sticker attached to the underside of the seat that bears the partial model number "3170," "36051" or "74001".

Graco has had a bad 2010. In January, the company complied with a CPSC request to recall an estimated 1.5 million Alano, Passage and Spree stroller and travel systems because hinges on those products had amputated five children's fingertips. Fingertip amputation risks also prompted recalls of Maclaren strollers in 2009.

The CPSC received 105 reports of children suffering injuries, ranging from a concussion to broken noses and cuts, after the Graco highchairs in which they sat collapsed. I am glad to see that the potentially dangerous products will be pulled from the market. At the same time, I am disturbed to learn that yet another product designed for use by society's most vulnerable members -- babies, infants and toddlers -- threatens their safety.

EJL

Virginia Beach Police Crack Down on St. Patrick's Day DUIs

blog@www.hsinjurylaw.com (blog Author)28638 — Fri, 19 Mar 2010 08:00:00 EST

In his latest post to the Virginia Beach Injuryboard, my colleague Randy Appleton notes with approval that Virginia Beach police officers made nine DUI arrests at nighttime checkpoints set up across the resort city on St. Patrick's Day. Such efforts are essential to reduce the number of fatal drunk and drugged driving car, truck and pedestrian accidents. Randy observes, however, that DUI deaths and injuries will only stop occurring when people who drink or take drugs stay out of the driver's seat.

EJL

Teen Passenger Killed in Tragic Car Crash

blog@www.hsinjurylaw.com (blog Author)28643 — Fri, 19 Mar 2010 08:00:00 EST

Two teenagers were in 1995 Saturn Coupe heading down Route 625 (Horners Mill Road) in Westmoreland County, Virginia (VA) apparently headed to school. Sadly, they never made it. The 17-year-old driver ran off the side of the road, over-corrected, and wound up slamming into a tree, according to journalpress.com. The 14-year-old passenger was killed and the driver suffered serious injuries.

My heartfelt condolences go out to the friends and family of the passenger who lost their life. Losing someone close to you is always devastating, but it's even worse to lose someone at such a young age with their whole life ahead of them. The teen was a ninth grader at Washington and Lee High School.

I also want to say I'm pulling for the driver to pull through. They're receiving treatment at Mary Washington Hospital but there hasn't been an update on their condition.

We don't know what caused the driver to lose control of the car. Was there some type of vehicle malfunction? Were they trying to avoid something in the road? Were they distracted? We'll have to wait and see what the accident report reveals.

So, for now, the focus needs to be on making sure the students, friends and loved ones of the deceased teen can get through the grieving process. As Westmoreland School Superintendent Elaine Fogliani said:

"This student's death is a tragic, emotional loss for the entire Westmoreland County Public School family. I am sure all of us will make every effort to comfort and support the family as they attempt to deal with this traumatic loss. There are no adequate words to express our sense of grief and sympathy for the family."

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

blog@www.hsinjurylaw.com (blog Author)28399 — Wed, 17 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

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

blog@www.hsinjurylaw.com (blog Author)28513 — 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.

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.

Gloucester Man Killed by Wrong-Way Driver

blog@www.hsinjurylaw.com (blog Author)28540 — 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.

Attorney Examines Fatal Truck Accident

blog@www.hsinjurylaw.com (news Author)13417 — Tue, 16 Mar 2010 08:00:00 EST

My colleague Emily Mapp Brannon wrote about the tragic accidental death of Gary Landis from Givens, West Virginia (WV). He was repairing the rear axle brakes on his tractor trailer when the truck suddenly lurched forward and crushed him. Unfortunately, these types of trucking accidents are not uncommon. To learn more, please read the article.

Attorney Discusses Hours-of-Services Regulations

blog@www.hsinjurylaw.com (news Author)13419 — Tue, 16 Mar 2010 08:00:00 EST

My colleague John Cooper wrote about the Hours-of-Service regulations for truck drivers and how they are commonly ignored by commercial trucking companies. A possible reason for this neglect is the incentives are for truck drivers to stay on the road as long as possible (since they get paid by the number of miles they drive). This leads to drowsy truck drivers and a higher risk for serious truck wrecks. To learn more, please read the blog post.

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

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.

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

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