Virginia Beach Personal Injury Lawyer

Road Kill: Pedestrian Accidents Often Result in Wrongful Death

John Cooper — Fri, 06 Nov 2009 15:52:25 GMT

When a pedestrian gets hit by a car or truck, the injuries are typically quite severe, including broken bones or even the death of the pedestrian. The pedestrian has the right of way in Virginia if they are inside of the cross walk. If you have to cross anywhere other than an intersection, then the duties on the pedestrian include going across the road in the most direct manner.

Here are some tips to try to avoid being hit by a car as you are walking:

-Make eye-contact with the drivers of oncoming cars, to make sure they see you.

-Follow the age-old advice of "looking both ways before crossing the street."

- Avoid distractions, like talking or texting on your cell phone, or listening to music. You might not notice a car barreling towards you if you are distracted by other things.

- Always watch for traffic, especially cars turning the corner, while you are in the road.

-If you are walking on the side of a street that does not have sidewalks, walk facing the traffic, so that you can see what is coming towards you.

-Never walk behind a vehicle that is backing up. You could be in their blind spot.

-If you are walking at night, try to wear bright colors or reflective clothing.

-If you see a "DO NOT WALK" signal, then you should not walk.

-Always make sure that any children in your care are safely accounted for, and preferably holding on to your hand as you cross the street.

Follow these simple safety tips, and you can improve the odds that you and your loved ones stay safe while crossing the street.

Originally posted at InjuryBoard by John Cooper

One Dead, Three Injured in Virginia Beach Car Accident

John Cooper — Wed, 04 Nov 2009 13:19:42 GMT

The driver of a 2006 Toyota Scion was traveling along Indian River Road in Virginia Beach, Virginia (VA) when tragedy struck. The driver turned too quickly around a curve, overcorrected, and wound up in the opposite lane hitting a Honda Odyssey in a head-on collision, according to WAVY.com.

There were three people in the Honda Odyssey – a wife, husband, and their daughter – all of whom sustained injuries from the car accident. What a nightmare to have a car coming at you the wrong way, in your lane! There is nothing the parent/driver could do, once the other driver made the grave mistake behind the wheel which set the collision sequence in motion.

This terrible incident reminds us how important it is to reduce our speed when making sharp turns around curves on the road.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by John Cooper

Virginia Beach mom dies in Chesapeake crash

Jim Lewis — Tue, 03 Nov 2009 12:30:41 GMT

Katie Young – a Virginia Beach wife and mother of two – died Friday night when the car she was riding in collided with a second auto at Mount Pleasant Road and Stadium Drive in Chesapeake.

The death of Young, 29, is particularly tragic – a national newspaper wrote two days before her death about how her family was dealing with her recent diagnosis of Crohn’s disease.

The Young family has my deepest sympathies. They are bearing a burden no family should ever have to.

Young was a passenger in a Honda that was traveling on Stadium Drive in Chesapeake when it crossed Mount Pleasant Road. A Buick headed east on Mount Pleasant collided with the Honda, and Young was thrown clear by the force of the impact, The Virginian-Pilot reported.

Police have not yet identified the driver of either auto, and no charges have yet been announced.

The crash happened just after 11 p.m. Friday near Colon Hall Stadium and Great Bridge Middle School.

Young lived in the 3900 block of Rainbow Drive in Virginia Beach, the newspaper said. She was married to Justin Young and they had two children together: Justin, 8, and Madison, 5.

Young’s husband had recently restarted his music career – songs and more at justinyoung.com – to help pay medical bills for his wife’s Crohn’s disease.

"You look at the trials that happen in your life and say, OK, why am I going through this? What am I supposed to learn from this? Let's learn this and move on,” Justin Young told the Mormon Times before the crash. “That's how we're looking at it."

Originally posted at InjuryBoard by Jim Lewis

Pedestrian signs erected in Virginia Beach (VA) after pedestrian's death

Jim Lewis — Tue, 03 Nov 2009 08:57:08 GMT

A week after pedestrian Arnold Lee Jones was killed in a tragic accident on Shore Drive in Virginia Beach, city officials have erected pedestrian signs on the busy road.

Eight signs have been installed on the 1.5-mile stretch of Shore Drive from First Landing State Park west to the Lesner Bridge, WAVY-TV reports.

The much-needed improvements come after Jones’s death at the hands of a driver who is known to police but who hasn’t been publicly identified or charged.

The crash, on Oct. 21, comes less than six months after the victim’s younger brother Isiah Jones was senselessly shot to death at Lynnhaven Crossing Shopping Center in Virginia Beach. My genuine condolences go out to the family.

Arnold Lee Jones, 21, lived in the 3700 block of Dupont Circle in Virginia Beach, The Virginian-Pilot reported. He was struck by someone driving a 2001 Toyota Spyder MR2 sports car.

Jones, who was struck in the 2900 block of Shore Drive – about a mile and a half from home – and suffered severe head injuries, WAVY reported. He died at an area hospital two days later.

Jones, known as “Dobbie,” was a student at Tidewater Community College and also coached at Fame All-Star Cheerleading, according to his obituary published in The Pilot. Jones was born Dec. 31, 1987 in Oakland, Calif.

"We're hoping to alert the motoring public to watch for pedestrians crossing mid-block, especially mid-block, and also a campaign to slow down and watch for pedestrians crossing,” city traffic engineer Mike Shahsiah told WAVY. “It's all for traffic safety."

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident injuries in Virginia. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

(MM)

Originally posted at InjuryBoard by Jim Lewis

Early Evidence Shows Red-Light Cameras Are Making Virginia Beach Safer

Jim Lewis — Sun, 01 Nov 2009 10:37:30 GMT

"Virginia Beach police say red light violations have declined at intersections that have been monitored by cameras since March," begins an Oct. 31 Virginian-Pilot article. Some intersections at which cameras operate have seen a 69 percent reduction in cars speeding through stop signals.

Having written previously about the need to enforce traffic laws at busy intersections, I was pleased to learn that drivers in the Resort City have taken to heart the not-at-all subtle reminder--and threat of being ticketed--to always stop at red lights. At the same time, a fatal accident on General Booth Boulevard in mid-October in which the driver at fault appears to have run a red light sent an even greater message that no intersection can ever be completely safe when drivers do not follow traffic laws.

The Insurance Institute for Highway Safety created this profile of red-light runners: "younger, less likely to use safety belts, ... poorer driving records, and drove smaller and older vehicles." Demographic data portrays the "typical" Virginia Beach resident as a 33-year-old with an annual income of just under $30,000. Seat-belt wearing behavior and driving history must be left to speculation, but the typical Beach resident seems young and at least potentially likely to own an older car-- to speed through an intersection when he or she should stop.

This is not to say that most people who live in Virginia Beach ignore stop signals. The recent reductions in red-light running shows that city residents will follow traffic laws when prompted. And that is great to know.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE Best Guide to Car Accident injuries in Virginia and our special report on distracted driving. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now, and we provide free initial confidential injury case consultations. Call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Jim Lewis

Ghost-writers Hired by Drug Companies Write Journal Articles, Then Find the Medical Authors

Rick Shapiro — Wed, 28 Oct 2009 22:45:41 GMT

An amazing series of documents were unsealed by a court in a dangerous drug injury case involving Prempro, a hormone drug. Injured plaintiffs argue that the drug causes breast cancer and other medical problems, but the bomb drop is not the allegations, but what drug giant Wyeth did to "help" create medical journal articles about the safety of its drug.

But the court documents reveal scandalous email and correspondence which purportedly shows that Wyeth "fraudulently and intentionally polluted the scientific literature related to hormone therapy in general and their hormone drugs in particular" in that Wyeth hired ghostwriter physicians or scientists to “author” biased scientific and medical journal articles-but the articles were largely written before the “author” was on board.

A medical journal PLoS Medicine posted about 1,500 of the documents on a website (www.plosmedicine.org/static/ghostwriting.action ). It was through the action of the medical journal and the New York Times that the court decided to unseal a massive number of documents which reveal exactly how the ghostwriting was done for the drug manufacturer-reaching the suggested conclusions well before a “reputable” doctor was ever part of the “study” findings as the study's author.

As further related in an article in Trial Magazine, American Association for Justice, October 2009, PLoS Medicine editors wrote an editorial that stated

"the story told in these documents amounts to one of the most compelling expositions ever seen of the systematic manipulation and abuse of scholarly publishing by the pharmaceutical industry and its commercial partners in their attempt to influence the healthcare decisions of physicians and the general public."

Here is how the ghostwriting generally occurs:

1. A drug manufacturer hires a professional medical writing or communications company which prepares a preferred title, outline and a possible draft of an article;

2. The drug company or its ghostwriters later find the names of proposed medical or scientific authors for the pre-determined article including its slant or bias;

3. The outline or draft is sent to the selected author for approval.

Can we imagine the day that newspaper advertisers write the headlines for newspaper’s and direct the content of the news stories? Or, if Newsweek magazine allowed the advertisers to dictate the topic of stories in exchange for ads in the magazine? But, the Medical journal ghost-writing issue is really more dangerous—as physicians are regularly prescribing medications based on the questionable results of ghost-written articles. It is fairly sickening.

In the Prempro litigation, Wyeth claims that the author, even if pre-selected, substantially controlled the editorial review of the originally ghostwritten articles and that there was no inaccurate science. The attorneys for the victims argue that the drug company exercised clear control over the message of the articles and that ghostwritten articles either downplay, dismiss or minimize a particular drug's adverse health effects. But, according to one physician, Adriane Fugh-Berman M.D, quoted in a Science Daily article, she was approached to be an “author” and the ghost writers often use an “intermediary” medical education company and the true party behind the article is fuzzy or obscured. Fugh-Berman believes that the current voluntary standards for declaring conflicts of interest to readers of medical journals and audiences at medical conferences are inadequate, and that a public database detailing physicians’ and researchers’ conflicts of interest is needed.

The most distressing part of the Prempro ghostwriting scandal is that physicians around the country must do research on the safety and on the health effects of prescription and over-the-counter drugs and look to journal articles as a respected source of information. If peer reviewed medical articles that downplay safety or health concerns seem legitimate, how is a family doctor or internist to know the difference in an unbiased, valid medical journal article or one that is simply ghostwritten on behalf of a drug manufacturer? The answer is there is no easy way to make this determination from reading a journal article that appears in any respected magazine or publication.

One of the ghosting company's indicates it attempts to "develop a consensus statement from [an expert] forum that would be endorsed by a national organization such as the American Heart Association."

A brochure released as part of litigation over health effects of Paxil, an antidepressant drug, also described a program that helped sales representatives facilitate having articles ghostwritten. The brochure said that publishing such articles "will benefit the sales force by expanding the database of published data to support Paxil."

PLoS Medicine in the above-referenced editorial has attacked the process of ghostwriting and called on medical journal editors to "decide whether they want to roll over and just join the marketing departments of pharmaceutical companies" or police the entire process in a more transparent way. Universities and medical journals have policies on ghostwriting but the policing of the process is far from reaching a level of transparency so that consumers as well as physicians can rely upon findings in a medical journal article.

This may require congressional action, because "self-policing" has a snowballs chance of gaining traction. U.S. Senator Charles Grassley has written a letter in August 2009 to the National Institute of Health asking for an investigation of this particular problem and specifically he noted that one or more ghostwriters were actually researchers who had obtained federal funds under NIH grants.

My Take: This is a troubling and growing problem that requires further investigation in order to keep the public safe from dangerous drugs. It has been only recently that the drug companies were forced to stop providing gifts and meals to doctors to foster prescriptions and the systematic "infection" of planted journal articles may be the next area requiring reforms.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling dangerous drugs and prescription drug errors. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) and we have another office in Elizabeth City, North Carolina (NC). Our injury attorneys also host an extensive injury law video library on Youtube. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by Rick Shapiro

Federal Railroad Administration - Railroad injuries statistics down, but deaths increased:

John Cooper — Mon, 26 Oct 2009 14:23:19 GMT

Railroad workers are hard working individuals, in a physically demanding and strenuous job. Although there is a belief that unsafe and poor work conditions are a "occupational hazard," no one should have to work under less than safe conditions. Railroad workers are a group of employees protected under the Federal Employers Liability Act, or the FELA, which was enacted in 1908. This act protects employees from unsafe work conditions, and fellow-employee or employer negligence. Railway workers are faced with long hours, inadequate help, poor job site maintenance, and other possibly unsafe conditions that could cause injury, accidents, and even death.

Railway employees work with many different kinds of equipment, varying in age and state of repair. Employers must provide their workers with adequate equipment in good repair, many railway workers are faced with employers that do not wish to purchase new equipment which may risk injury to the employees that are forced to use outdated machinery and tools.

Railway workers are also constantly stretched on employee staffing and work hours. The railway industry is constantly busy and running at all times of the day. As a result of this, there are time crunches to finish jobs with the employees available. With the current economic crisis, many employers are reducing their staffing as well in order to save on payroll. These furloughs or layoffs sometimes force employees to work alone on jobs that should be done by multiple people. As a result, mistakes and dangerous work behavior can arise.

In fact, railway injuries and deaths are currently on the rise, at a time that many industries have declining injury rates. In 2008, the Federal Railroad Administration which maintains statistics on the railway industry reported that there were approximately eleven thousand injuries in the first eleven months of the year.

For more information on railway injuries and railway injury law, please visit the website of Shapiro, Cooper, Lewis and Appleton, a firm with a rich history of railway injury advocacy for folks hurt on jobs on the tracks. (http://www.hsinjurylaw.com/practice_areas/railroad-accidentsinjury-occupational-injuriesdiseases.cfm) If you, or someone you know has been injured as a railway employee, please do not hesitate to contact someone who can represent you properly and make sure you receive the compensation you deserve.

Originally posted at InjuryBoard by John Cooper

Mise Family grieves over loss in Virginia Beach, Virginia

Emily Mapp Brannon — Fri, 23 Oct 2009 13:48:39 GMT

I am stricken with emotion as I read the most recent story about the Mise family relating to the wreck on October 20, 2009 in Virginia Beach, Virginia. This family of six endured a horrible loss on Tuesday. As a member of a large family, I know how hard it is to raise that many children with two parents. I can only imagine how difficult Mr. Mise’s job will be in the upcoming months and years as he raises these children all on his own.

In a wrongful death case such as this one it is important that the family choose a knowledgable law firm to protect their interests. In order to handle all the details of the Estate, someone must qualify to serve as an administrator of the estate. In the event that the family decides to hire an attorney they should look for someone who is familiar with all of the requirements of a wrongful death case in Virginia and specifically familiar with practice in Virginia Beach, Virginia. Given that the Mise family is not local to Virginia Beach, it will benefit them to hire an attorney that is located in Virginia Beach. Following a wreck such as this one, there is a lot of evidence out there which needs to be collected. It is important that the evidence is preserved in a timely fashion. There were witnesses to the wreck who should be interviewed as well as officers who have information about the crash.

It angers me when I continue to read articles about the lack of seatbelt on behalf of the mother and child. What many people don't realize is that this fact is inadmissible in a courtroom and really has no relevance to fault. I also read that the young daughter was ejected despite the fact that she was in a car seat. This causes me to ask if there was a problem with her car seat, perhaps a manufacturing defect. There are a lot of unanswered questions right now. My thoughts and prayers are with the Mise family as they deal with this loss.

Originally posted at InjuryBoard by Emily Mapp Brannon

X-Ray Risks: Steps You Need To Take to Reduce Radiation Exposure

Rick Shapiro — Thu, 22 Oct 2009 08:59:00 GMT

X-rays, by in large, are a great medical tool which assist doctors in making diagnoses and provide an internal view of the human body without making surgical incisions. However, this technology is not 100 percent safe. There are inherent risks due to the fact that X-rays rely on radiation (as the name implies). As an injury lawyer who represents people adversely effected by radiation exposure, this issue is important to me.

The most disturbing risk is the development of cancer. High frequency and exposure to radiation has been shown to cause genetic damage which leads to cancer, according to the American Cancer Society. Studies show that young people are at a higher risk due to the fact that they accumulate more radiation exposure over the years. Surprisingly, women are more susceptible to cancer development from X-ray exposure than men, even with the same level of exposure.

Here’s a video discussing the risks associated with X-rays:

http://www.youtube.com/watch?v=NWqfAjpr1iQ

There’s also a chance of developing cataracts and skin burns from X-rays. Once again, this usually occurs when you’re exposed to high levels of radiation and with fluoroscopy (i.e. continuous x-ray imaging) procedures, according to the FDA.

These risks do not mean you should avoid X-rays. Here are some simple steps you should follow when it comes to handling X-ray exposure:

Ask if you can use a lead apron or shield can be used
Don’t always ask for an X-ray
Ask your dentist if they use E or F speed film for X-rays since these films are much more efficient and reduce exposure
Remain aware of your X-ray history

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by Rick Shapiro

Mother, toddler die in Virginia Beach (VA) crash

Jim Lewis — Wed, 21 Oct 2009 16:24:42 GMT

Tanya Woodruff Mise and her 3-year-old daughter Lauren Makenzie Mise both died Tuesday night after another driver allegedly ran a red light in a tragic crash Tuesday evening on Dam Neck Road in Virginia Beach.

Criminal charges against the other driver – who has not been identified – are pending, Virginia Beach police said.

Witnesses told WAVY-TV that the Mise family 2003 GMC Yukon sport-utility vehicle was struck by a car that ran a red light at the intersection of Corporate Landing Parkway and Dam Neck Road in Virginia Beach. The accident happened about a mile south of Oceana Naval Air Station.

The Mise family is from Emporia, according to The Virginian-Pilot. The Yukon was being driven by Mise’s husband, 38.

Neither Mr. Mise nor a 2-year-old son were hurt, WVEC-TV reported.

“Physically, they’re both OK,” a Virginia Beach police spokesman told WVEC, adding the he “talked to both of them on the scene, obviously an emotional train wreck understanding the circumstances but physically they’re both going to be OK.”

The crash happened at about 8:30 p.m., The Pilot said. The Mises were headed east on Dam Neck when the driver of a Scion on Corporate Landing ran a red light, The Pilot reported.

Lauren Mise died at the scene, where she was waiting for an air ambulance, according to The Pilot. Her mother died after she was taken by ground ambulance to Sentara Virginia Beach General Hospital.

(MM)

Originally posted at InjuryBoard by Jim Lewis