Amputee Musician Strikes Chord For Justice In Win Against Drug Company

Virginia (VA) Medical Malpractice Lawyers
Offices in VA Beach, Hampton & Elizabeth City, NC 
 

Injury lawyers across the nation, including Virginia, rejoiced when the Supreme Court of the United States announced the win on appeal by a Vermont woman who lost her arm because a drug manufacturer had failed to properly label and warn about a particular medication. A doctor in Vermont mistakenly used an IV push method to administer a drug called Phenergan for this lady’s nausea and by pushing the medication into an artery rather than a vein caused the tissue in her arm to die leaving her an amputee. The insurance company for the doctor’s office had already settled the claim against it for the doctor using a method which was not approved for this medication and for his medical technician hitting an artery and not realizing it in the administration of the medication.

However, there was a bigger point in that the doctor indicated that the maker of the medication did not warn not to use this method to give the drug even though the drug was known to cause instant tissue death when mixed with arterial blood. The main defense put forward by the lawyers for the drug company was that they had complied with the Federal Drug Administration’s requirements as to the packaging and warning for the medication. This argument is called preemption and has been the best friend to insurance companies and corporations trying to get out of responsibility in various kinds of litigation on behalf of injured people in recent years. The mistake in that argument is that the federal regulations only set the minimum floor for safety and do not mean that the drug is safe or has adequate warnings on the packaging. State law may have more strict standards for what is required for reasonable steps for patient safety than the minimum standards required before the drug can be sold as far as the federal regulators are concerned. We, injury lawyers, who represent families who are hurt by improperly labeled drugs and by medical malpractice know that the state should be free to require something more than minimal safety. I am very proud of this woman and her injury lawyer who fought the giant drug manufacturing interests and insurance companies all the way to the Supreme Court to stand up for what is right.

Shapiro, Lewis & Appleton personal injury law firm is based in Virginia (VA), near the Northeast North Carolina (NC) border, practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm's website is: hsinjurylaw.com, the firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a video library covering many FAQ’s on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

How can you identify a top Virginia injury lawyer for your case? Look no further.

Our Virginia personal injury lawyers have been selected for many accolades.

Two of the VA injury attorneys with our firm, James Lewis and Rick Shapiro, have been named among the Best Lawyers in America since 2008. Lewis and Shapiro have also selected for inclusion in the National Million Dollar Advocates Forum since 2009. Leiws and Shappiro, along with attorney John C. have been recognized as Virginia Super Lawyers for Personal Injury Law since 2010.

Ours was the first personal injury firm in Virginia invited to join Primerus, a select group of highly ethical and respected law firms. Rick Shapiro was named as one of the Top 100 Injury Lawyers in Virginia by the National Trial Lawyers Association.

In October, 2000 our law firm and co-counsel obtained what was then the largest verdict in Virginia's history for an injured person. Our brain-damaged client received an initial award of $46 million that increased to $60 million with interest compounded while the defendant pursued a failed appeal, and was confidentially settled during the appeal.

 

Geographical Areas

Our lawyers handle personal injury cases throughout the eastern United States and work closely with lawyers in other states on signficant injury cases.

In Virginia, we are prepared to counsel and represent injury and wrongful death victims in Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News, Suffolk, Richmond, Petersburg, Roanoke, Salem, Alexandria, Arlington, Fairfax, Fredericksburg, Charlottesville, Ashland, Big Stone Gap and all of the Eastern Shore, including the towns of Accomack, Onancock, Chincoteauge, Wachapreague, Cape Charles, Bloxom, Eastville, Exmore, Greenbackville, Machipongo, Mappsville, Melfa, Nassawadox, Onley, Tangier, Temperanceville, Wachapreague and Wallops Island.

For clients in West Virginia (WV), we are happy to consider personal injury claims from residents of Bluefield, Beckley, Bridgeport, Charles Town, Charleston, Fairmont, Huntington, Lewisburg, Madison, Martinsburg, Morgantown, Moundsville, Parkersburg, Ripley, Sutton, Weirton, Wheeling and any other town or county.

Attorneys with Shapiro, Lewis & Appleton hold licenses to practice in VA, WV, North Carolina (NC), South Carolina (SC), Kentucky (KY), Florida (FL) and Washington, DC.

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have extensive experience handling medical malpractice and doctor mistake cases. Please take a few moments to review our medical malpractice case results. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Portsmouth, Chesapeake, Newport News and Suffolk, VA, if you've been seriously hurt by the carelessness of a doctor, surgeon, nurse or pharmacist.

Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Also, Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

Members of our VA personal injury law firm have also been selected by the National Million Dollar Advocates Forum since 2009. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA medical malpractice firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

We offer free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top five surgical errors you must know about. 

While not every injury case meets our criteria, we offer free initial confidential injury case consultation, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.