Virginia Beach Personal Injury Lawyer

GM and Chrysler Bankruptcies Means Car Accident Victims in The Lurch

Jim Lewis — Fri, 03 Jul 2009 14:21:00 GMT

With GM and Chrysler restructuring in bankruptcy after filing for Chapter 11, both motor companies have been freed from legal obligation for current and pending lawsuits.

This has left numerous victims, who’ve been severely injured due to mechanical errors or structural vehicle failures, in the lurch without much recourse for financial compensation.

Roughly 14,548 claims were filed against GM and Chrysler in the past five years alleging injury or death, according to Safety Research & Strategies.

"These claims are going to be wiped out," said Sean Kane, president of SRS.

A perfect example is back in 2007, 10-year-old Amanda Dinnigan was riding in a GMC vehicle when the car hit a tree, according to newsday.com. As a result of the accident, Amanda was left a quadriplegic and her family sued GM alleging the vehicle's seat belts were defective. The chances of Amanda collecting any financial compensation to cover treatment and/or recuperation are slim and none.

Unfortunately, Amanda’s story will become all too common in the months and years to come. The average combined casualties per year for both GM and Chrysler is 3,415. These claims are expected to continue at the same pace while the companies are reconfiguring in bankruptcy. This will result in roughly 3,400 new casualties each year in the next few years, according to SRS.

As an injury lawyer with 20 years of experience representing clients who’ve been severely injured in car accidents , I think it’s outrageous GM and Chrysler are essentially getting a free pass from their legal obligation to these victims by the bankruptcy courts.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Jim Lewis

Michael Jackson's Doctor- Potential Liability For Prescribing Controlled Substances/Drugs-Analysis of California State Board of Medicine Regulations

Rick Shapiro — Thu, 02 Jul 2009 22:05:50 GMT

Michael Jackson's name is all over the headlines as the public is not only mourning the great, late singer/performer, but is virtually obsessed with the cause of his sudden death. One of the things police are clearly investigating is whether there was any wrongdoing by one of his personal California physicians. Since Michael Jackson was in California, the issue of whether controlled substances or non-controlled medications were improperly or illegally administered by a doctor would be governed by the Medical Board of California as well as California State criminal law.

One of the Business and Professions Code sections in California states that

"No physician and surgeon shall be subject to disciplinary action by the Board for prescribing or administering controlled substances in the course of treatment of a person for intractable pain."

(Business and Professions Code Sec. 2241.5(c). Clearly, the State Board of Medicine allows a physician, such as Michael Jackson's physician, to administer controlled substances if the late singer suffered from intractable pain, but based on many first person reports of his last several weeks, it is dubious whether he suffered intractable pain. Diprivan is a medication/drug supposedly provided to Jackson and there are allegations that he may have been injected with this potent drug the day he died. Actually, no one knows what the toxicology results will show of Jackson's autopsy-everything right now is hearsay. [Update: I have been advised that this drug may not be a controlled substance, but more on that is discussed in a related article-see below].

Based on a position paper of the Medical Board of California in effect in 1994 and revised in 2007, it would be difficult to charge a physician for a violation of the Code of California based on prescribing a controlled substance for pain (autopsy results are pending) based on this provision also:

"A physician and surgeon may prescribe for, or dispense or administer to, a person under his or her treatment for a medical condition dangerous drugs or prescription controlled substances for the treatment of pain or a condition causing pain, including, but not limited to, intractable pain. (b) No physician and surgeon shall be subject to disciplinary action for prescribing, dispensing or administering dangerous drugs or prescription controlled substances in accordance with this section." Another portion of the State Board pain guidelines states that the above section "does not affect the power of the Board to discipline a physician and surgeon for any act that violates the law, including gross negligence, repeated negligent acts, or incompetence … prescribing on the internet; failure to keep complete and accurate records of purchases and disposals of controlled substances; writing false or fictitious prescriptions for controlled substances, or prescribing, administering or dispensing in violation of the pertinent sections of the Health and Safety Code.

My take is that an accidental overdose of a prescription medication in California (not commenting on North Carolina or Virginia) would not likely be a violation of the State Medical regulations/code, and especially given the position statements of the State Board of Medicine, it would take much more than an accidental overdose to charge one of Jackson's doctors with a state board regulation violation.

However, the issue of other possible criminal law violations, and medical malpractice causing a wrongful death, are wholly different issues. A doctor may be civilly liable for medical negligence, if this caused Jackson's sudden death. A doctor injecting a drug that is not properly prescribed for the conditions Jackson suffered may have all kinds of liability.

Be Cautious of Ladder Defects While Performing Yard Work

Randy Appleton — Thu, 02 Jul 2009 19:35:00 GMT

It’s summer time so the weather is conducive to yard work and general home improvement. Many people plan to utilize a ladder to clean gutters, roofs, etc. but be cautious - ladder defects are not unusual.

A recent report found roughly 225,000 accidents happen each year that are directly related to ladder use, according to greathomeimprovements.com.

As an injury lawyer who’s represented clients injured by ladder defects I understand the dangers of ladder use and what can go wrong.

Before you dust off the ladder in the garage and start using it, follow these basic guidelines – from scif.com - to help ensure the ladder is fit for use…

· Look for loose steps and rungs. The rungs should be sturdy, clean, and not slippery from grease or oil.

· The upright ladder legs should be strong and devoid of cracks, splits, and bent edges.

· The ladder's braces should be sturdy.

· Nails, screws, bolts or other fasteners should be tight.

· The ladder feet should be examined and the non-slip base should be in good repair.

Here’s a video talking about ladder safety…

http://www.youtube.com/watch?v=wdqL0AMM8Zw

However, many ladder injuries aren’t due to misuse but defect. For example, the Werner Ladder 356 series was the subject to controversy, and numerous lawsuits, due to the left front leg buckling and falling down.

If you’ve used a ladder and been injured, I strongly recommend you speak with an attorney. The companies which produce these ladders have a responsibility to make sure they’re manufactured properly.

Originally posted at InjuryBoard by Randy Appleton

Italian Freight Train Derails, Then Explodes Due To Toxic Cargo – At Least Six Dead And 30 Injured

Rick Shapiro — Wed, 01 Jul 2009 19:41:02 GMT

At least six people died and more than 30 were injured when an Italian freight railroad train derailed and two cars filled with a dangerous gas exploded outside Rome, Italy in a Tuscan town called Viareggio. According to the AP, the derailed Italian freight train smashed one building and caused fire to break out over a large area.

This type of gas explosion on a freight train is remindful of the Graniteville South Carolina (SC) chlorine gas train/railroad derailment disaster. In that freight train disaster, the railroad train derailed due to a switch that was in the wrong position causing the train to derail spewing deadly chlorine gas over a small South Carolina town. The gas spewed and formed clouds and essentially poisoned the entire town of Graniteville, South Carolina, causing illness and injury to hundreds of residents. Our law firm represented dozens of residents with various personal injuries due to the chlorine gas contamination.

This new Italian train disaster highlights the fact that dangerous chemicals and gases are transported daily by railroads on a daily basis. Working for the railroad, and living near the railroad, exposes people to a lot of dangerous potential injuries or wrongful death. What type of safety measures can be taken?

For residents who are very close to a railroad track, it is hard to imagine that a train could derail and smash through one of your homes or apartments. Frankly, the only safety measure as far as being a resident of such a home or apartment is to have a kit in your home with a respirator or gas mask, and have handy all of the emergency rescue information for your area that directs what to do in case of such a disaster.

For railroad workers such as engineers, conductors or other transportation workers in the USA, it is important that workers require that management follow all state and federal regulations that govern the transportation of dangerous chemicals or gases. Railroad in the US are now required to have hazmat (hazardous materials) plans to deal with chemicals. For example, a full scale drill should be conducted by every railroad on a periodic basis so that workers are familiar with what steps to take in case of a hazardous or toxic spill of chemicals, gasses or dangerous substances. In other words, simply having a plan on the books is not going to prepare workers for such a real disaster.

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, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more. Two of the firm's attorneys have served as chair of the railroad law section of the Amer. Ass'n For Justice.

Originally posted at InjuryBoard by Rick Shapiro

Boating Under the Influence of Alcohol More Dangerous than Drinking and Driving

Randy Appleton — Tue, 30 Jun 2009 15:37:00 GMT

It’s summer time and like every year, the boat traffic in Virginia Beach, Virginia (VA) increases exponentially. Unfortunately, so do the incidences of BUI (i.e. Boating Under the Influence). The Coast Guard recently executed Operation Dry Water Weekend from June 26 to June 28 to look for boaters under the influence of alcohol, according to Virginia.gov.

Why is Virginia (VA) making such a big deal about drinking while boating? Because someone operating a boat with a Blood Alcohol Content (or BAC) over .10% is 10 times more likely to die in a boating accident than someone operating a boat while sober, according to boatingundertheinfluence.org. BUI accounts for 34 percent of fatal boat accidents each year.

In fact, it’s more dangerous to drink and operate a boat than to drink and operate a car. Why? Because the marine conditions, including motion, vibration, engine noise, sun, wind, etc. expedites the boater’s impairment when they’ve consumed alcohol, according to the United States Coast Guard.

As an injury lawyer who works for a firm committed to spreading the word about boat safety, I implore you to be a responsible boater. Remember, drinking does not equate to a good time on the water. This is especially true if you get fined or arrested for BUI.

Here’s a video featuring Keith Colburn from the popular television show “Deadliest Catch” discussing the dangers of drinking while boating…

http://www.youtube.com/watch?v=JO-TWp6fYAA

In order to avoid a potential BUI, follow these simple guidelines, suggested by the Coast Guard:

Bring various cool drinks such as soda, water, lemonade, punch or non-alcoholic beer.
Bring plenty of food and snacks.
Plan to limit your trip to a reasonable time to avoid fatigue.
If you dock somewhere to eat and you decide to consume alcohol with your meal, wait a reasonable amount of time (estimated at a minimum of an hour per drink) before operating your boat again.

Originally posted at InjuryBoard by Randy Appleton

Mayor of Washington D.C. Agrees that The Metro Subway System Needs Repair and Improvement

John Cooper — Sun, 28 Jun 2009 00:53:00 GMT

The Mayor of Washington D.C., Adrian Fenty, has been reported saying that this week’s fatal collision of two Metro subway trains illustrates the need for officials who operate the system to upgrade and modernize the fleet.

According to Mayor Fenty safety investigators are still trying to figure out the cause of the crash that killed nine and injured 80 more. Fenty argued that there's no question that the issue of rail car safety is a valid one, conceding that they have to make some changes.

Additionally, Mayor Fenty said “we have to get rid of some of these cars that are not as crashworthy as they should be." He went on to mention that the District of Columbia ranks sixth among about 15 metropolitan areas with rapid transit systems and that improvements are in order.

The Mayor was quoted as saying "we can protect more people with stronger cars." It’s of importance to note that the system is operated jointly by the governments of the District of Columbia, Maryland and Virginia.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the Virginia Beach Injuryboard, Norfolk Injuryboard, and the Northeast North Carolina Injuryboard injury law blog as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

Originally posted at InjuryBoard by John Cooper

Elderly at Higher Risk for Slip and Fall Injury

John Cooper — Sat, 27 Jun 2009 15:16:00 GMT

“Help, I’ve fall and I can’t get up!” We’ve all heard this joke before, but slip and fall injuries are a serious issue for elderly citizens.

The risk of sustaining an injury from a slip and fall increases as we get older and women are at a greater risk than men, according to a report by Colorado State University. A surprising fact is two-thirds of elderly individuals who fall will endure another fall within six months and one-third of slip and fall injuries are attributable to hazards within a home or assisted living facility.

This isn’t a minor issue. Fall-related injuries cost the health system more than any other trauma and estimates indicate the cost to be over $1 billion dollars a year, according to Straight Furrow. The number of people 65 and over requiring hospital care due to a slip and fall injury increased by 10 percent from 2004 to 2006.

As an injury lawyer with 20 years of experience representing clients who’ve been severely injured due to slip and fall injuries, I’m concerned about the safety and care of our elderly citizens. They should enjoy their golden years without the hassle and pain of recuperation and therapy associated with a slip and fall injury.

Something needs to be done regarding the one-third of injuries connected to household hazards. These hazards include items on the floor, loose rugs or carpet, poor lighting, etc. This is especially true of nursing homes and assisted living facilities. You’re entrusting these facilities with the well-being of your elderly loved ones. The least they can do is ensure the living area is devoid of random items on the floor and have proper carpeting and lighting.

Other steps nursing homes should take to prevent slip and fall injuries to their patients include making sure a clear pathway is available from the bed to the bathroom. Also, make sure there are few stairs and steep steps required for patients to walk to specific areas such as kitchens, communal areas, etc.

This is a video talking about preventative measures nursing homes need to take regarding slip and fall injuries…

http://www.youtube.com/watch?v=OfAnV64aVfg&feature=related

If you or a loved one endured a slip and fall injury in a nursing home or assisted living facility, seek medical treatment and then speak to an attorney.

Originally posted at InjuryBoard by John Cooper

Motorcyclists Who Fail to Wear a Helmet Increase Risk of Traumatic Brain Injury

Jim Lewis — Fri, 26 Jun 2009 17:14:00 GMT

When you’re driving along I-64 or I-264 in Virginia (VA) you may see a motorcyclist ride by you like a speeding bullet. As an injury lawyer who’s represented clients who've been severely injured in motorcycle and automobile accidents for over 20 years, I’m concerned about the safety of our mobile citizenry.

What’s even more troubling is seeing someone on a motorcycle without a helmet. I understand the allure of hopping on a motorbike and enjoying a ride on a nice day, but take proper safety measures – namely, wear a helmet.

In 2006, over 4800 motorcyclists were killed in the United States and 65 percent were not wearing helmets, according to the National Highway Traffic Safety Administration (NHTSA). To put that number into perspective, it’s a 127 percent increase from the number of motorcyclists killed in 1997.

When people fail to wear a helmet while riding a motorcycle, not only are they increasing their chances of incurring a traumatic brain injury or other severe injury, they’re also breaking the law.

"Every person operating a motorcycle shall wear a face shield, safety glasses or goggles, or have his motorcycle equipped with safety glass or a windshield at all times while operating the vehicle, and operators and any passengers thereon shall wear protective helmets. . .” according to Section 46.2-910. Motorcyclist to wear helmets, etc.; certain sales prohibited; penalty states:

Here’s a video describing what happens in a motorcycle accident and how it can lead to a traumatic brain injury…

http://www.youtube.com/watch?v=KGosMlmsT3A

They may not be the most stylish safety device, but a helmet reduces the risk of death by 29 percent. In addition, helmets are 67 percent effective in preventing brain injuries to motorcyclists, according to NHTSA.

Originally posted at InjuryBoard by Jim Lewis

Post Traumatic Stress Disorder (PTSD) Likely to be Among the Injuries Suffered by Washington/Maryland Subway Riders in the D.C. Metrorail Train Crash

John Cooper — Thu, 25 Jun 2009 09:24:36 GMT

The lawyers at our law firm have handled many train wrecks, derailments and other accidents in the past including the MARC train that collided with an Amtrak passenger train in Silver Spring, Maryland in the late 90’s. Numerous people hurt in that disaster suffered psychological and emotional injuries including conditions like post traumatic stress disorder as a result of the near death experience of being on a train going at a relatively high speed like 40 or 50 miles per hour and plowing straight into another train. Post traumatic stress disorder is common when you have a situation where the person fears for their own life or sees other people in a situation where they are killed or may have died. The main symptoms are chronic or permanent intrusive thoughts like nightmares and flashbacks of the incident. The scene of the D.C. Metrorail catastrophe was horrific for anyone who was there. The jaws of life had to be used to pull trapped people out of the mangled wreckage, people had to see others flying through the air and thrown about the passenger compartment as chairs came out of walls and the railroad cars were essentially torn apart. Even if a person was lucky enough not to be among the most seriously injured who had to go to the hospital, they may still suffer from this kind of psychological damage just seeing the horror of the collision and the rescue operations. It’s hard to imagine, unless you have been in something like this, and to put yourself in the shoes of the innocent riders who are headed home during rush hour one moment and in the middle of this terrible scene like a disaster movie with people crying, injured, and dead all around.

Normally it takes 6 months of persistent symptoms to properly diagnose post traumatic stress disorder. So it won’t be clear immediately whether you or a loved one who was on that D.C. Metro train has this condition or will have to live with the consequences permanently. However, I would suggest going and seeing some kind of psychiatrist, psychologist, licensed clinical social worker or other medical professional to get checked out if you are concerned about your psychological state. People often forget that broken bones heal over time and sometimes the walking wounded with primarily the emotional scars of a train wreck may have to live with it for the rest of their lives.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal My injury lawfirm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

Originally posted at InjuryBoard by John Cooper

Washington, DC Metro Train Ride Turns Into Terrible Wreck

John Cooper — Tue, 23 Jun 2009 16:15:09 GMT

Jamie Jiao was on a Metro train simply trying to go from point A to point B in the Washington, DC area, just like so many other people on a daily basis. Unfortunately, June 22nd deviated from daily routine and took a devastating turn into tragedy and loss.

Two DC Metro trains collided into each other and, so far, 9 people are dead with many more injured.

"I see the train in front a split second before we crashed. That's all. You don't have time to react or do anything," said Jiao to Jeanne Meserve of CNN. "You just hear really loud noises, as if there was an explosion. I could see things falling apart, tearing apart." Fortunately, Jiao was able to escape with minor injuries.

Washington Mayor Adrian Fenty described the scene of the accident as something “no one should have to see,” according to CNN.

This video describes the scene of the horrible accident and has interviews with survivors…

Video

The trains involved in the accident were traveling on the red line near the Washington, D.C. and Maryland border. Metro trains normally go at higher speeds in this area since there is a longer distance between stops. Trains usually go 55 to 59 miles per hour. However, the speed at which the trains involved in the June 22nd accident have not been officially determined, according to the Associated Press.

What caused this accident to happen? We’ve written about potential causes of the DC metro crash but no official explanation has been brought to light at this time. Clearly, a full investigation is necessary to determine what exactly happened and to ensure a tragedy like this can be prevented in the future.

Some of the names of those killed in the DC Metro crash, according to wtop.com, include Mary Doolittle of Northwest D.C.; Ana Fernandez of Hyattsville; Dennis Hawkins of Southeast D.C.; Lavanda King of Northeast D.C. and 42-year-old Jeanice McMillan of Springfield, Virginia (VA)., the operator of one of the Metro trains involved in the accident.

I want to send my deepest condolences to the friends and family of these individuals and others who lost their lives in this horrendous accident.

Originally posted at InjuryBoard by John Cooper