Virginia Beach Personal Injury Lawyer

Pharmaceutical Company Fined $1.5 Billion for Wrongfully Promoting Depakote to Nursing Homes

Mark Favaloro — Fri, 11 May 2012 12:56:17 GMT

In yet another case of big companies caring more about their bottom line than their customers, pharmaceutical giant Abbott Laboratories pleaded guilty to misbranding Depakote (divalproex sodium). Misbranding occurs when a company promotes a drug to treat medical conditions that the drug has not been approved for by the U.S. Food and Drug Administration.

Approved to control seizures, prevent migraines and shorten manic episodes in patients with bipolar disorder, the drug was promoted for treating schizophrenia and to minimize aggression in patients with dementia. A trial designed to confirm the safety and effectiveness of Depakote for dementia patients was disontinued when side effects like dehydration, anorexia and drowsiness occurred too frequently. Yet Abbott’s sales force continued to market the drug for this specific use to nursing homes and long-term care facilities. They even offered large rebates if the nursing homes used Depakote in this manner. Tim Heaphy, U.S. Attorney in the Western District of Virginia stated, “This is an elder abuse case.”

While some remain hopeful that lawsuits that cost pharmaceutical companies more than a billion dollars will stop them from taking advantage of nursing homes and putting innocent nursing home residents at risk, others believe that even that amount is not large enough to deter the practice, especially when the profits to be made are so high. When compared to the $13 billion Abbott has made from the sales of Depakote alone, $1.5 billion seems like a small drop in a really big bucket.

About the Editors: The Shapiro, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.

Originally posted at InjuryBoard by Mark Favaloro

Railroaders Beware: Diesel Exhaust Associated With Heart Attacks and Heart Disease

Richard N. (Rick) Shapiro — Wed, 02 May 2012 15:57:59 GMT

Exposure to diesel exhaust fumes on the job has been linked to higher rates of several kinds of cancer and breathing disorders, especially "diesel asthma" or "industrial asthma." As a personal injury attorney in Virginia (VA) who specializes in representing railroad employees who developed debilitating, and sometimes fatal, diseases because they were not protected against toxic and carcinogenic substances, I’ve written many times about those issues and even showed that rail corporations knew as early as the 1950s that chemical components of diesel exhaust fumes were likely carcinogens.

I only recently learned, however, that heart attacks and coronary heart disease are also associated with prolonged diesel fume exposure.

Numerous scientific articles, several published in the New England Journal of Medicine, highlight the fact that diesel exhaust increases arterial stiffness. What I want to do here is make this information about this serious health hazard more accessible for railroad workers and health care providers.

On March 22, 2007 the NEJM published "Emergency Duties and Deaths From Heart Disease Among Firefighters in the United States." Researchers looked into why heart disease, rather than injuries, burns or other health problems, was cited in 45 percent of on-the-job fatalities for U.S. firefighters and found that personnel with emergency response duties had much higher rates of coronary heart disease than did personnel with nonemergency duties.

The researchers then decided to look at biologically plausible explanations for the higher death rate from cardiovascular events among firefighters. Explanations included smoke and chemical exposure, irregular physical exertion, handling of heavy equipment and materials, heat stress, shift work and other psychological stressors. One of the conclusions of this study was that specific duties, including fire suppression, were associated with significant increases in heart disease and heart attack risk.

Another study, reported in the September 13, 2007, NEJM as "Ischemic and Thrombotic Effects of Dilute Diesel-Exhaust Inhalation in Men with Coronary Heart Disease" also explored cardiovascular events and heart attacks among firefighters. The authors exposed patients with stable coronary heart disease to diluted diesel exhaust to determine the direct effect of air pollution on heart function. One of the conclusions was that breathing in combustion-derived air pollutants such as diesel fumes could damage blood vessels around the heart to the extent that an acute myocardial infarction could occur.

Specifically, the researchers identified two distinct and potentially synergistic adverse cardiovascular effects of air pollution in patients with coronary heart disease. While calling for additional investigations, they argued that their findings showed that environmental health interventions aimed at reducing air pollution needed to be considered if policymakers wanted to decrease risks for adverse cardiovascular events.

A similar recommendation might be forthcoming from the authors of "Experimental Exposure to Diesel Exhaust Increases Arterial Stiffness in Man.” Writing in the March 2009 Particle and Fibre Toxicology, researchers noted that breathing air polluted by diesel exhaust and other particulate matter was associated with increased deaths due to heart attacks. While they were unable to pinpoint a cause for this, the authors wrote, that acute exposure to diesel exhaust is associated with an immediate and transient increase in arterial stiffness, even in healthy individuals.

To read more about links between diesel fumes and poor heart health, check out

Particulate Air Pollution as a Risk Factor for ST-Segment Depression in Patients With Coronary Artery Disease, Circulation, September 8, 2008.
Blood Pressure in Firefighters, Police Officers, and Other Emergency Responders, American Journal of Hypertension, January 2009.
Persistent Endothelial Dysfunction in Humans after Diesel Exhaust Inhalation, American Journal of Respiratory Critical Care Medicine, August 15, 2007.

I’ve written before that diesel exhaust contains many of the known carcinogens also present in cigarette smoke, including benzene and formaldehyde. This concerns me because rail employees, who make up a large number of my clients, have some of the greatest degrees of exposure to diesel exhaust exposure while at work. Regardless of whether a person works as a railroad engineer, conductor, carman, locomotive mechanic, trackman or dispatcher, no one employed on a train or in a rail yard can avoid breathing in diesel fumes.

Bus and truck drivers, as well as miners, also have heavy diesel exhaust exposure, but rail employees are particularly at risk. In part, this is because older diesel locomotives do not have air conditioning and crew members must keep cab windows open to keep from being overcome by heat. The other problem is that engines used in the American railroad industry are notoriously inefficient and dirty; they produce vast amounts of air pollution.

RS/EJL

Originally posted at InjuryBoard by Richard N. (Rick) Shapiro

90-Year-Old Nursing Home Resident Awarded $34 Million by Jury

Mark Favaloro — Wed, 18 Apr 2012 09:52:35 GMT

A 90-year-old woman who was denied insurance coverage she had paid for more than a decade has won a multimillion judgment against her insurer.

She and her husband decided to take out a long-term care insurance policy for both of them in case they became unable to care for themselves. Even after her husband died a year later, the woman continued making payments to Mutual Protective Insurance, which later became Medico Insurance Co.

In 2007, the woman was diagnosed with dementia, and she moved into a nursing home in January 2008. The cost of the nursing home was covered by her long-term care benefits. Ability Insurance Company obtained all of the long-term care policies of Medico Insurance and reviewed her case. They denied her coverage because the medical staff at the nursing home said she did not require “continual supervision” and that her doctor had classified her as only “moderately” impaired. Finally in October 2011, Ability Insurance agreed to start paying the benefits she was entitled to after a doctor hired by the insurance company said she required constant care. But they would not pay for the benefits she was denied between January 2010 and October 2011.

The woman and her daughter filed a lawsuit in federal court against Ability in September 2010 for their failure to pay her benefits and ultimately won a $34 million jury award on April 6, 2012. Of the award, $32 million was for punitive damages, which serve to punish the defendant in the hopes that it will deter similar actions in the future. The punitive damages will most likely be reduced because the state has a $10 million cap on punitive damages.

While this case will probably be appealed and the damages won’t be awarded for years, it still shows that even a nursing home resident, one of the most vulnerable people in the U.S., can take on a large insurance company and win. Virginia nursing home residents do not need to be afraid to fight for what is rightfully theirs. With the proper legal guidance and a solid case, anything is possible.

Originally posted at InjuryBoard by Mark Favaloro

Students Send Valuable Message About Distracted Driving Dangers

Richard N. (Rick) Shapiro — Tue, 17 Apr 2012 13:47:06 GMT

Students in Bedford County, Virginia (VA), staged a mock car crash on April 14, 2012, to drive home the dangers of distracted driving.

The simulation involved real cars and real people as injury victims. They were “trapped” in the car covered in fake blood. One injured man was even air-lifted following the “wreck”. Why did they go to such lengths? To teach students the very real consequences of distracted driving, catastrophic personal injuries and deaths. The event was staged by Jefferson Forest High School YOVASO (Youth of Virginia Speak Out) and many students were the actual “victims” of the mock car wreck. It is believed that if fellow students are spreading the message, others may take it more seriously.

This mock car wreck was designed to give students a first-hand look and the devastating consequences that could come from distracted driving. Studies have shown that teenagers are more likely to die or suffer serious injury in car crashes due to driving while distracted. This weekend’s event occurred in conjunction with April being Distracted Driving Awareness Month. It is estimated that close to 80-percent of all crashes involve drivers who are not paying attention. In this article the non-profit, Drive Smart Virginia, shares some tips for drivers to help prevent driving while distracted. Emphasis is put on teenagers and the influence that parents can have on their kids.

As experienced Virginia personal injury lawyers, this issue is very important to us. We have seen too many clients seriously injured, or worse, as a result of distracted driving as the number of car accidents and injuries is skyrocketing and teens are some of the worst offenders. It is imperative that drivers put down their cell phones and do their best to eliminate all major distractions while they are behind the wheel of a car, SUV or truck. And above all we, as adults, must set the right example for our children.

To learn more about injuries and wrongful deaths arising from accidents involving distracted drivers, please read this free guide prepared by an experienced Virginia personal injury lawyer.

Originally posted at InjuryBoard by Richard N. (Rick) Shapiro

Stopping Runaway Vehicles the Aim of New Federal Auto Safety Rule

Emily Mapp Brannon — Fri, 13 Apr 2012 18:22:08 GMT

A proposed fule from the National Highway Traffic Safety Administration would require all motor vehicle makers to install brake-throttle override systems in every new pasenger car, van, SUV, truck and bus. The intent of the update to the Federal Motor Vehicle Safety Standard that relates to acceleration system is to ensure that stepping o the brake pedal will stop a vehicle even if the driver is also depressing the gas pedal or if the accelerator is stuck or trapped by a floormat.

NHTSA's action comes in response to several runaway accidents in which several people were injured or killed. Perhaps the most widely reported incident occurred in 2009, when an off-duty California Highway Patrol officer couldn't bring his borrowed Lexus ES 350 to a stop on the interstate when the accelator stuck and four people lost their lives.

Toyota, General Motors and Ford recently agreed to make brake-throttle override systems standard. Toyota has an expensive history with NHTSA, being fined nearly $49 million for falling to quickly and fully address "sticky accelerator pedals."

As a Virginia (VA) car accident attorney, I agree with NHTSA's proposal. Nothing is more important than being able to stop in time to avoid a crash.

Originally posted at InjuryBoard by Emily Mapp Brannon

Golf Carts Can Be Dangerous, We All Need to Be Reminded

Kevin Duffan — Thu, 12 Apr 2012 17:14:09 GMT

I’ve spent my fair share of hours on golf courses. Even though I'm not very good at the sport, as my friends remind me every chance they get, I find hitting the links to be a great way to spend time with friends and family outdoors in beautiful weather.

But an article in the April 8, 2012, Virginian-Pilot made me think twice about golf cart safety. According to the report, an employee at Trump National Golf Club in Loudoun County, Virginia (VA), suffered injuries when she rolled her golf cart. While the injuries were not serious, emergency responders were called to the scene and the woman had to transported to a hospital for stitches.

Then it struck that practically everyone I’ve ever played with has had a near-accident with a golf cart. Mostly, those incidents could be chalked up to just goofing around, and, certainly, golf carts being driven across park-like terrain don’t really strike most as dangerous vehicles. But a little digging into golf cart safety revealed that serious crashes are on the rise.

As explained in a New York Times article from 2008, injuries from being hit by or falling off of golf carts increased 132 percent between 1990 and 2006. In all, some 150,000 people, nearly one-third of whom werechildren, were hurt golf cart accidents over that decade. Half th reported injuries were related to falling or jumping from a cart or from a cart overturning.

There are lots of reasons for the increase in injuries. Today’s golf carts can go pretty fast -- up to 25 mph. And they rarely have any safety features that are found in most moving vehicles. There are no seat belts or stability mechanisms or even doors to make sure you don’t get thrown from the cart. Plus, golf carts are being used a lot of places besides the grassy course these days—in gated communities, at state and national parks, at colleges and universities, on big business campuses. You might even see them in airports or at big sporting events. All of this puts golf carts on terrain that they weren’t initially designed for and has vastly increased the number of users.

So as we head into spring and summer, it’s a good idea to remember that golf cart safety needs to be taken seriously. Follow this advice when operating any golf cart:

Slow down, especially in wet weather and on hilly terrain.
Brake slowly, especially when going downhill.
Do not make sharp turns at high speeds.
Keep arms and legs in the cart at all times and place both feet on the floor.
Sit back in the seat.
Hold onto the handgrip when the cart is moving.
Use available seatbelts.
CDo not let children younger than 16 drive, and consider not letting let kids younger than 6 ride in carts.

Originally posted at InjuryBoard by Kevin Duffan

A Miracle Today, a Potential Mess Tomorrow: Liability and the Navy Jet Crash in Virginia Beach

Richard N. (Rick) Shapiro — Sat, 07 Apr 2012 12:42:07 GMT

Even more amazing and welcome than the April 7, 2012, announcement that Virginia Beach, VA, fire and rescue crews found no fatalities in the wreckage of the Mayfair Mews apartment buildings all but destroyed in the previous day's crash of a U.S. Navy F/A-18D jet was the practically unbelievable news that only seven people suffered minor injuries from the accident.

The trainee pilot and his instructor both ejected from the doomed aircraft. Their concussions, cuts and scrapes kept them in the hospital for only a few hours. The other casualties, according to the Virginian-Pilot were an EMT who twisted a knee, a police officer who fell while climbing over debris, a bystander who fainted and two people who needed treatment for smoke inhalation.

No deaths in Navy F/A-18D crash: wavy.com

Plane crashes rarely take such a small toll on life and limb, and Virginia Gov. Bob McDonnell is calling the lack of deaths and serious injuries a "Good Friday miracle."

But as many as 100 mostly senior and low-income residents are suddenly homeless. The property damage -- from household possessions to cars and roadways -- is beyond extensive. The cost of the cleanup, repairs and replacements has yet to be calculated, but there is no doubt someone will be on the hook for tens of millions of dollars.

Who that someone will be is unclear right now and also likely to vary from case to case. The Navy is accepting damage claims from all people affected by the accident online and through the mail at Office of the Judge Advocate General, Tort Claims Unit Norfolk, 9620 Maryland Avenue, Suite 205, Norfolk, VA 23511-2949.

Some apartment residents will no doubt file claims against renter's insurance policies, and owners of nearby townhouses surely have property policies. Auto insurance covers just about any damage to a vehicle, but explaining to a claims agent that a "Navy Hornet hit it" may be awkward.

The civilians hospitalized following the crash should certainly use their own insurance to ensure prompt and easy payment for medical services. Later, they should later contact the Navy about receiving reimbursement for out-of-pocket expenses and repayment to their private insurers.

Whether the property management company that owns Mayfair Mews, the City of Virginia Beach, VA, or the manufacturer(s) of the jet equipment that failed and caused the crash will also bear liability also remains to be seen.

Everyone affected by the Virginia Beach Navy jet crash is sure to have unanswered questions, particularly regarding U.S. government liability. Injury and property claims filed by private citizens against federal government agencies and officials alleging negligence fall under the Federal Tort Claims Act, or FTCA. People with extensive injury or property claims should at least consider speaking with a lawyer about their legal rights to receive compensation.

EJL

Originally posted at InjuryBoard by Richard N. (Rick) Shapiro

Preventing Overcorrection Accidents by Teen Drivers in Virginia

Emily Mapp Brannon — Tue, 03 Apr 2012 13:10:51 GMT

One of the most common causes car accidents involving teenage drivers in Virginia is overcorrecting. According to the state's Department of Motor Vehicles, in 2011 alone, 244 car wrecks were caused by teen drivers overcorrecting when their car or truck ran off the edge of a road. Drivers’ education instructors and state safety officials have differing views on how to fix this problem.

Virginia high school driver’s education instructors are including lessons on how to avoid overcorrecting in their classrooms. Some are even teaching it on the road. A teacher at Staunton River High School deliberately sends a student-driven car off the road at a slow rate of speed so the new driver can experience the feeling firsthand and learn how to safely return to the road.

Employees with the Virginia Department of Transportation and Virginia Safety Office believe the key to avoiding these types of car crashes is to consider why the teens are leaving the road in the first place. The major factors are the same as most other car accidents -- being distracted, driving under the influence, being tired and speeding.

If your school's driver education course does not cover responding appropriately after running off the road, you can teach your teen driver the followng strategies:

Do not turn the wheel; continue driving straight even if some of your tires are in the grass.
Take your foot off the gas pedal and slow down.
Find a safe place to reenter the road
Turn on your turn signal and reenter the road when it is clear.

If Virginia residents work together, hopefully the number of these senseless car accidents and injuries can be reduced, and our teenagers will remain safe on the roadways.

Originally posted at InjuryBoard by Emily Mapp Brannon

A Victory for Virginia Beach Bicyclists

Mark Favaloro — Mon, 02 Apr 2012 13:25:43 GMT

“Share the Road” has long been the refrain of bike riders in Virginia Beach, VA. Now, a 3.5 mile bike lane along Shore Drive makes it easier for motorists to do just that.

Shore Drive has seen more than its fair share of serious accident involving cars, SUVs, pickup trucks and bicycles. During 2011, Virginia Beach saw 116 collisions involving motor vehicles and bikes. But it was the death of dedicated biker Daniel Wayne Hersh along Sore Drive on April 19, 2009, that led the city to seriously consider road safety for bicyclists. The fatal accident also prompted Hersh's family to join with the Virginia Bicycling Federation to create a memorial fund to promote bike safety education.

That tragic accident also contributed to the push to decrease the speed limit on a long stretch of Shore Drive from 45 mph to 35 mph. An eastbound bike lane opened on March 24, 2012, and a matching westbound lane is planned for summer 2013. The Virginia Bicycling Federation supported the effort with a $10,000 contribution.

Building bike lanes is crucial to making Virginia Beach a bike-friendly city for both competitive cyclists and leisure riders.

Originally posted at InjuryBoard by Mark Favaloro

Pharmacy Malpractice: Should We Be Concerned?

Mark Favaloro — Mon, 02 Apr 2012 10:39:19 GMT

When it comes to medical malpractice, most people think only of lawsuits against doctors and hospitals accused of failing to provide proper care. Some may also include cases involving major drug companies that put an unsafe product on the market. A significant, but largely unrecognized, health care provider who plays a big role in ensuring or harming patients' health is the pharmacist.

Suits against negligent or irresponsible pharmacists are increasing, however. So what exactly is pharmacy malpractice, and how prevalent is it?

Just like every other person involved in providing health care, pharmacists have high duties to make sure every patient receives the correct medications and is informed how to properly use the drugs. Often, the pharmacist dispensing the medication manufactured by a company and prescribed by a doctor or nurse is the only helath care provider who has access to the patient's complete treatment history, all the information on a drug's potential side effects and interactions and access to the patient immediately before he or she takes the medication. That "last line of defense" role is especially important because pharmacists shoud be able to counsel and, when necessary, train patients on how to take tmedications safely. Unfortunately, pharmacists might behave negligently -- just like any other health service provider:

Negligence in Compounding Medications

While the days of pharmacists actually producing most of the medications you need are gone, some dosage forms can only be made in pharmacies. This is especially true for lquid medications, when pharmacists have to prepare I.V. bags or make an exliri out of drug that usually comes in pill or capsule form. Such reconstituting can be error-prone, and pharmacists who mix or compound medication incorrectly can be liable for negligence.

Negligence in Dispensing Medications

This is the case of the pharmacist simply handing you the wrong medication, the wrong dosage of the correct medication or the right drug with the wrong label containing incorrect instruction on when and how to take it.

Negligence in Teaching and Counseling

One of the most important roles for a pharmacist is helping patients understand what their medications can do if they take the drugs at right time and in the correct dose, what can happen if they miss doses or take too much, what side effects they might experience, what foods or activities they need to avoid while taking the medications, and how all tehir medications interact. Inadequate or incorrect correct is commonly cited in pharmacy negligence cases.

Negligence in Supervision

Often, pharmacists in busy practices must rely on pharmacy technicians and assistants to fill prescription orders and hand drugs to patients. While those individuals have training, nothing can replace the knowledge and experience of a pharmacist, and they must be supervised at all times. Failure to provide adequate supervision to pharmacy staff can constitute negligence by a pharmacist.

With all of the possible places that a pharmacist might misstep, it is not surprising that pharmacy errors are a huge contributor to adverse health outcomes. In fact, nearly 1.5 million Americans suffer from pharmacy medication errors each year, costing the U.S. Health care system nearly $3.5 billion. Some experts believe that as we become more dependent on medications to enjoy long, productive live -- and as pharmacists have more responsibilities for patients' well-being -- those numbers will increase. That means pharmacy malpractice is something we can’t afford to ignore.

Originally posted at InjuryBoard by Mark Favaloro