Virginia Beach Personal Injury Lawyer - Shapiro

Beach Attorney Recognized for DUI Prosecution Efforts

Rick Shapiro — Tue, 24 Nov 2009 10:20:00 GMT

Local prosecutor Charisse Black last week received a national award for keeping alcohol- and drug-addled divers off the streets of Virginia Beach.

Mothers Against Drunk Driving tapped Black as one of 15 recipients of its 2009 President's Criminal Justice Award for "her thorough gathering of facts, complete knowledge of current Virginia DUI laws and her ability to convict the majority of the cases she presents." Black's supervisor, Commonwealth's Attorney for Virginia Beach Harvey Bryant also praised Black for "seeing that those who drive drunk are convicted and punished without delay.' Bryant also said that "Charisse embodies the ‘get tough’ attitude that this office has toward drunk drivers."

I am happy to add my congratulations to Black and to express my appreciation for her work. Drunk and drugged drivers cause untold tragedy in our area and across the United States. While statistics on fatalities, injuries and monetary damages caused by drivers impaired by drugs and alcohol are kept, those numbers do not come close to telling the story of how DUIs can ruin and end lives.

Prosecuting drunk and drugged drivers is only part of the solution, of cpursse. Drivers need to take responsibility and stay out their cars if they have been drinking or doing drugs. Also, as we kickoff the holiday party season, hosts and guests need to watch their friends and head off potential drunk drivers by ensuring safe rides homes for those who need them.

Until people do assume their full responsibilities, however, it is good to know that prosecutors like Black are protecting us.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of 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.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Virginia Beach, Portsmouth Ban Solicitations in Medians at Busy Intersections

Rick Shapiro — Thu, 12 Nov 2009 08:24:00 GMT

Portsmouth City Council last night followed the lead of their Virginia Beach counterparts in imposing a ban on fundraising and other solicitations by individuals standing in the medians of busy intersections. The move, reports the Virginian-Pilot, was prompted by safety concerns and what "Portsmouth police estimated (to be) a tenfold increase in the number of solicitors" at intersections since the start of 2009.

Encouragingly, Hampton Roads cities are enacting bans on in-median solicitations even though the region already does a relatively good job of protecting pedestrians. The independent Transportation for America and the Surface Transportation Policy Partnership just reported in Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths that, taken together, Virginia Beach, Norfolk and Newport News ranked in the top fifteen of the safest U.S. regions for pedestrians.

The report, whose findings were highlighted in the Nov. 10 Virginian-Pilot, also noted that 39 people were killed while walking or standing along Tidewater roadways during 2007 and 2008. Statewide, Virginia saw 286 pedestrian fatalities during the reporting period.

So, obviously, much work remains to be done to keep pedestrians safe. City Council members in Virginia Beach and Portsmouth have taken important steps in keeping people out of harm's way by banning solicitations in traffic medians and at red lights. Despite these new restrictions, though, pedestrians and drivers will still need to take responsibility for avoiding accidents.

My colleague John Cooper posted an excellent list of rules for pedestrians on this blog a few days ago. I will take this opportunity to offer the following advice to drivers:

Check for pedestrians or bicyclists on all corners when approaching an intersection or parking lot.
Stop behind and in front of any bus taking on or letting off passengers, especially school children.
Do not block crosswalks when stopping at red lights or stop signs; blocking a crosswalk can force pedestrians and bicyclists to veer into the path of on-coming traffic.
Understand that people in a crosswalk always have the right of way.
Do not speed.

EJL

Originally posted at InjuryBoard by Rick Shapiro

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

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

Demystifying Injury Litigation: What Is a Deposition and How Do I Get Ready for It?

Rick Shapiro — Wed, 21 Oct 2009 10:34:55 GMT

This article explains depositions and how they work, and is not limited to Virginia or Carolina where I primarily practice. It is part of a continuing series of articles where Injuryboard injury attorneys explain the basics of the injury law legal system (see the end of the article where I provide links to all of the prior injury case legal issue blog posts).

In one of the last posts of my Injuryboard colleagues, Steve Lombardi discussed how insurance adjusters can use recorded statements against injured persons, and distilled the reasons insurance adjusters take statements to two simple truths:

Insurance adjusters talk to those filing claims for two reasons and only two reasons.

Reason 1. See if they can get you to say something that gives them a reason to deny your claim.

Reason 2. See if they can get you to say something that allows them to pay you less than the law reasonably requires.

The adjuster get's bragging rights at the office if he does.

Like Lombardi's advice above, when the insurance lawyer/defense lawyer takes an injured person's deposition the single, paramount purpose is to use that deposition against you at any trial. Here are some key points:

What is a court deposition?

A legal deposition in an injury lawsuit is a formal process where the injured person testifies under oath, which usually means one of the parties--either the injured person's attorney or the defense or insurance attorney, assures that a licensed court reporter/stenographer is present to record the injured person's testimony, which then can be used in certain ways in the injury case. Every state and federal court specifies a written court procedure on exactly how a deposition can be conducted, and other provisions specify how it can later be used once it is typed up by a court reporter. Also, these written court rules specify that such a deposition can be videotaped and some court rules even provide that a deposition may in fact be videotaped and without a court stenographer present. Court reporters are highly trained and most states require licensure.

Is the court reporter from the court?

This is not a stupid question that I have been asked by clients. Some are surprised to learn almost always the "court reporter" is an independent licensed stenographer that is not an employee of the court system (some courts do employ court reporters, but those court reporters transcribe court hearings or trials. Depositions are normally not held at the courthouse but rather at any suitable conference room or an attorney's office conference room). In every city there are court reporting firms that have licensed court reporter stenographers on staff who are essentially independent contractors. An attorney simply calls up a court reporter for the area and asks that the court reporter cover a deposition and that court reporter is paid through a bill provided to the injured person's attorney or if the deposition is requested by the insurance lawyer or the defense lawyer, that lawyer is obligated to pay the appearance costs and fees for typing up each page of the deposition they order. Ultimately, no matter who wants a copy of the deposition transcribed, the court reporting company bills per page for the deposition transcript, and these days attorneys often receive both a hard copy and an e-mail copy of the deposition testimony of the witness. The longer the deposition, the more pages, which translates to more cost billed by the court reporter.

In my injury case deposition who can be present when I am deposed?

Normally, the parties to the case, their attorneys, a party’s claims adjuster or corporate representative, and a court reporter are the persons present at a deposition. Other persons can be present if everyone consents. They are often done in a conference room at a law firm.

What is so important about my deposition?

A lot. Okay, it's not a serious as being interrogated by the FBI for a criminal matter. But, for your injury case your testimony under oath that can be used at trial or any hearing just like if you were sitting in the witness chair testifying at a trial (some states do have a limitation on whether a deposition can be used or filed as part of a hearing in advance of a trial and those complicated rules are beyond the scope of this outline). So, the insurance lawyer or defense lawyer is keenly interested in whether your testimony holds water, is believable, and the biggest mission of the lawyer on the other side of the case is to try to show that you are not a good witness, are a liar, or are not sure about facts that you say support your case. The deposition process is extremely important and valuable to the court system because not only must you as the injured person be believable, but we will take the deposition of the person that caused your injuries or corporate representative of a company that caused your injuries and we are also entitled to show that the “defendant” driver, or company officials cannot be believed or that their conduct was careless. It's an equal opportunity truth seeking device for both the injured person and that person or company being sued for careless or negligent conduct.

How can they use my deposition against me?

Here's how: every word you say is typed up into a transcript. Each word can and may be used against you in a civil injury trial. If the case cannot be settled, and we imagine that the case finally gets before a jury, the injured person puts on all of their witnesses and evidence prior to the party being sued. When the time arrives for the defense lawyer to present evidence and witnesses, that defense/insurance lawyer can stand up in front of the jury at one time they choose and read passages or individual questions and answers from your prior court deposition--even if you are not actually on the witness stand testifying! In other words, that lawyer can simply pick parts of your deposition out and read them to the jury, even if you're not testifying at that time. That's pretty powerful use of the deposition but it's only any good if the insurance lawyer catches you in some unbelievable testimony. Defense attorneys don't stand up and read parts of your deposition that reinforces how honest you are and how serious your injuries are! They only want to read something that makes fun of you or seeks to paint you as a liar. Here I should note that if the company's representative makes unbelievable statements or bald-faced lies, your injury attorney has the same rights to read parts of that company representative's testimony to a jury during the presentation of all of the evidence supporting your injury case.

What deposition advice can you give me in general?

Not a lot because this article is too generic. Nonetheless, a highly competent injury attorney takes the time to review all of the main issues that are likely to come up in a deposition with their client, listens carefully to the client's version of events and explains how an attorney may try to twist their words against them. Depending upon how serious the issues are in the case I may spend hours meeting with a client to prepare them for a deposition. Words of wisdom include never lie, never think you can cover-up an issue that you personally believe is irrelevant to your present injuries, as it is up to your experienced injury attorney to learn what you think is irrelevant and then advise you of the law that applies or whether some legal privilege applies that can protect you from disclosing that information. This type of thing is exactly why you decided to hire an attorney so full disclosure is important in confidence as the attorney-client privilege protects certain kinds of disclosures that the law deems inadmissible in an injury case. Just don't make that decision in your mind without disclosing it to your attorney. Do not think that the other attorney may never find out about some pre-existing medical care that you kind of decided is not relevant. Real bad idea-you must cover with your personal injury attorney. We handle some high-stakes litigation involving serious and catastrophic injuries as well as the routine injury case. In some serious/catastrophic litigation it is not unusual for private investigators to stake out injured persons and we explain this to our clients, as the ramifications can be serious.

Yes, I have certain ways I explain this process to a client after sitting through 100's of depositions but only my actual clients will get that specific advice. I trust you understand.

Any injured person should never attempt physical activities inconsistent with their doctors restrictions but all sorts of issues relating to your physical condition like whether you suffered any pre-existing condition of relevance can arise in a deposition. If you are out of work from a serious injury, there will likely be an inquiry about all of your prior jobs and employment and you must disclose to your lawyer if you were fired for many prior position and why, and you must disclose any and all prior injury related claims that you have ever filed whether you believe they are relevant or not. We deal with lawyers that subpoena high school transcripts, division of motor vehicle driving records, other background checks etc.

Because the deposition process is part of actual litigation, I cannot go far beyond the very generic in this blog post. It is not exaggeration to say that your own deposition as an injured person is probably the most important thing in your case prior to trial.

Here are a number of good injury law blog posts from my Injuryboard colleagues:

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling serious injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, SC, WV, KY and DC. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit this blog and the Norfolk Injuryboard as pro bono public information services.

RNS

Originally posted at InjuryBoard by Rick Shapiro

New GPS-Based Software May Be One Solution to Texting & Driving Epidemic

Rick Shapiro — Tue, 13 Oct 2009 05:09:00 GMT

The controversy surrounding texting while driving is not only a local Virginia (VA) and Carolina (NC/SC) issue but has received national attention as Transportation Secretary Ray LaHood described texting while driving as an epidemic.

A summit was held to address the issue of distracted driving and virtually everyone in attendance was trying to figure out a way to prevent texting while you’re behind the wheel of a car. Well, Michael Adler of a company called Websafety may have developed one high tech solution: software which will disable texting capabilities on a cell phone when driving over 10 m.p.h. by accessing GPS technology and calculating vehicle speed. This texting disabling technology sounded intriguing so I interviewed a Websafety representative to learn more about this high tech method using GPS technology to disable texting.

Q. Tell me about your company, how long has it existed and did your company invent this technology?

A. Websafety has been developing the Websafety Software for the past three years. The product has been available formally for less than 30 days. Yes, Michael Adler, the founder of Websafety, out of Dallas, Texas developed the software.

Q. How does a user implement your product?

A. Once the user buys a year subscription, the user downloads the software through the Websafety website-back office.

Q. Are you selling this to individual users or to cell phone companies, or both?

A. Both - our mission is to stop the use of cell phones in moving vehicles through all different means-as quickly as possible to reduce the amount of deaths caused by text messaging while driving.

Q. Can you tell me about any companies or areas using your products and how it is working?

A. So far we are having great success because Websafety is committed to successful downloading and fulfillment of the software.

Q. What does it cost per user?

A. Depending on the amount of computers and cell phones a family wants protected, anywhere from $149 to $499 per year.

Q. Where can someone learn more about Websafety?

A. www.mywebsafety.com/kidsafe

Hopefully, as awareness surrounding distracted driving continues to grow, technology addressing such issues like texting while driving will be made widely available and we can take a step forward in improving driver safety across the nation. Until then, be sure to read more on Websafety and check out our law firm’s special report on distracted driving. It seems to me that large cell phone companies should enable a monthly fee service to disable texting while a vehicle is moving even at 5 mph! What careful parent would not pay a small fee to assure that their teenager using a cell phone on their account must act responsibly?

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. PA

Originally posted at InjuryBoard by Rick Shapiro

Demystifying Injury Litigation for Clients: What Are Interrogatories?

Rick Shapiro — Sat, 03 Oct 2009 10:01:25 GMT

When I tell a client that we have received interrogatories on their case their level of anxiety skyrockets if they have not been involved in civil personal injury litigation before. And why do they call these questions interrogatories anyway? Leave it to lawyers to have a six syllable word titled "interrogatories" instead of just calling them “questions." We could save four syllables and drop the arcane legal phrase "interrogatories" entirely. In any case, a set of interrogatories includes a series of questions where one party in a civil lawsuit can require that another party answer the questions under oath.

All About Interrogatories

Okay, Steve Lombardi explained in his post (see end of article) how not to answer interrogatories: don’t make up stuff, and don’t answer in a Bushism and mangle the English language. Devon Glass, played it straight in his post listed below. I am giving the straight scoop about how your answers must be honest and your attorney must know the gory details and decide what exactly must be disclosed.

Many states have a 30 day time limit for responding and some states like Virginia have a 21 day response time frame in state court. Every state has a set of civil procedure rules that govern these questions and many other aspects of discovering information from another party. There is a whole body of evidence law and discovery law in each state which interprets what types of questions can be asked but it is sufficient to say that most questions that have some possible relevance to the lawsuit can be inquired into.

PLAINTIFF’S ANSWERS TO DEFENDANTS INTERROGATORIES AND

RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS

NOW COMES, the Plaintiff, by counsel, for her answers to Defendant’s Interrogatories and responses to Request for Production of Documents, states as follows:

Can the other party ask about legal advice or discussions between you and your attorney?

Absolutely not. This is an example of protections of the the attorney-client privilege and normally an attorney will answer with an objection asserting the attorney-client privilege. It would be up to the judge in the case to overrule this type of privilege. There are a number of other special privileges that protect information. Typically, when a party sends a set of interrogatories to our client, we send the pleading on to our client and explain to them that they should answer all of the questions that deal with factual matters such as how the accident happened, what parts of the body were injured, a list of all medical providers treated with and those types of questions. We will tell the client that if a question involves a legal issue that is unclear, that we will assist the client with that answer and get the client's approval to a final complete set of answers to interrogatories before it is filed. Answers to interrogatories must be normally be notarized, and if a client resides in a different city the final set of answers will be notarized, and mailed back to our office.

What is the significance of interrogatories in a lawsuit?

One point is that the other party lawyer can stand up in court and show a jury the interrogatories/question and a client's answer so long as the attorney notifies the court that it intends to make this information known to a jury. Also, interrogatories, because under oath are essentially testimony of a party. When a party gives an answer under oath it is essentially stating a client position on that point and it is hard to change that testimony in the future. Naturally, circumstances can change-- such as a physical condition can grow worse, and if the condition or situation changes, it is appropriate to file a supplemental answer notifying the other party of the additional or supplemental information. In some cases, we may file 10 to 15 times supplemental answers on behalf of a client, updating information.

Especially because interrogatories may be read to a jury, any attorney must be careful and review all answers with a client before they are placed under oath. I've had the experience of several clients not fully disclosing information about a prior injury or a prior condition that they didn't think was relevant-- and did not want to tell me about-- so they did not feel it needed to be listed. Once I have reviewed all of the information with the client, I've convinced the client that under the law they must provide the information even though they don't believe it is relevant. The test in virtually every state and federal court is that if the information may in any way lead the opposite party to some relevant point in the case, it must be disclosed. It is clearly good legal advice to a client to always disclose what could possibly be required because simply giving the answer under oath in an interrogatory, in no way means that the information could be utilized at trial with a jury. In other words, there is a lot of information in injury litigation that must be disclosed, but there is a much tighter requirement about what evidence is admissible to a jury and a judge will exclude all kinds of things that might have been disclosed in the interrogatory answers, but are later ruled not admissible at trial. A perfect example would be disclosing that a client was in a prior car accident 15 years ago and suffered personal injuries. If the current case involves a right elbow injury, and the prior injury was a left foot injury, the prior foot injury must be disclosed, but would normally not be admissible at trial as long as we can show it has no relevance to the nature of the current personal injuries in the current car accident that is in litigation.

The purpose of this great series of articles by my Injuryboard injury attorney colleagues is to give injury clients basic information if they are involved in a lawsuit for the first time, and to explain mysteries of the civil injury litigation process:

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition Devon Glass | Lansing, MI

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 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). 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

The Dangers of Yaz and Yasmin Prescription Drugs

Rick Shapiro — Thu, 01 Oct 2009 21:33:00 GMT

Yaz and Yasmin, the two most popular birth control pills in the United States, are not perfect prescription drugs. In fact, the side effects they inflict on young women can be horrendous, even life threatening. It seems that the numerous warnings and side efffect list is getting longer and longer.

The controversy began when the Food and Drug Administration (FDA) ordered Bayer to correct their misleading advertisements which touted Yaz and Yasmin as not only a great birth control pill, but also capable of fighting acne and premenstrual syndrome. However, women who take Yaz and Yasmin are at a higher risk for gallstones, gall bladder removal surgery, stroke, blood clots, symptoms of depression, a breast lump, sudden numbness, confusion, problems with vision, speech, or balance, chest pain, pain spreading to the arm or shoulder, nausea, and sweating. Following gall bladder surgery women may face gallbladder removal side effects. As far as blood clots, pulmonary embolism (PE), deep vein thrombosis (DVT) and even pancreatitis have been reportedly linked to Yaz.

Here is the original misleading Yaz advertisement…

http://www.youtube.com/watch?v=b6nbaEBYR2k&feature=related

Here’s the corrective Yaz ad….

http://www.youtube.com/watch?v=EO-G8O0lHq0&feature=related

Bayer was required to run corrective ads in 27 states informing the public that Yaz did absolutely nothing to help with acne or PMDD. The company spent over $20 million on the ad campaign; a mere drop in the bucket considering the drugs market share.

Yaz and Yasmin are the two biggest selling birth control pills in the world and generated close to $2 billion in sales for Bayer.

The issue took a tragic turn when Swiss health regulators stated Yaz is potentially connected to the death of a young woman who suffered a pulmonary embolism.

As an injury lawyer who’s represented people seriously hurt by dangerous drugs, I’m extremely concerned about the side effects Yaz and Yasmin could inflict upon young women. Here’s an excerpt from a young woman’s post on steadyhealth.com about terrible Yaz side effects:

“I was experiencing numbness of the entire body (primarily on my left side), my hands were cramping up and I felt like I was blacking out. I was brought to [a hospital], they quickly ruled out a stroke since I was so young, but focused on MS and Lupus (those tests came back negative). After 3 days they sent me home with no answers. So after 3 weeks of being in and out of the hospital and doctors offices (with minimal feeling and total weakness of my left side), I was sent up to the Mayo Clinic in Jacksonville. After sitting with the neurologist telling him what was going on and him reading my reports he found the answer- I HAD A STROKE! This is the scary part- my stroke was caused by my birth control. He continued to tell me that in the last 6 months he has seen more and more young women (20's and early 30's) that are having strokes and all have one thing in common- YAZ BIRTH CONTROL, which is the brand I am on.”

The FDA needs to consider taking Yaz and Yasmin off the market along with conducting a thorough investigation of Bayer’s marketing practices. The evidence is mounting against these dangerous drugs and women are having their lives changed forever as a result.

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). We are ready to talk to you by phone right now to discuss your case, 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

Virginia toddler killed after mauling by family dog

Rick Shapiro — Wed, 30 Sep 2009 09:03:12 GMT

An Orange County, Virginia (VA) toddler was tragically killed earlier this week when she was mauled by her family’s pit bull.

The 23-month-old girl has not yet been identified by authorities, according to the Charlottesville Daily Progress.

No one has been charged in connection with this innocent girl’s death. Someone needs to speak for the victims in cases like this, and I am outraged that innocent children can be killed without consequence.

The girl apparently wandered out of the house unseen Sunday evening, Orange County sheriff’s officials told the Daily Progress. The girl’s mother was “preoccupied and did not notice the child leave the house.”

Relatives began looking for the girl, and later discovered her “gravely injured.”

The dog that killed the girl was a pit bull that was with the family for 10 years. After the killing, it was euthanized. Authorities said the dog had never given the family any other problems.

The death took place in the Mountain Track Road area of Orange County, about 35 miles northeast of Charlottesville.

The Free Lance-Star of Fredericksburg reported that the sheriff was called at 6:40 p.m. Sunday when a relative found the girl. Deputies found her unconscious and with multiple injuries throughout her body.

The girl was taken to the University of Virginia hospital, where efforts to save her continued until 9:11 p.m., when she was pronounced dead.

I hope this needless death reminds owners of pit bulls and other dangerous animals that careless ownership can have dangerous – and fatal – consequences.

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.

(MM)

Originally posted at InjuryBoard by Rick Shapiro

Runaway Trailers Kill: Safety Advocate Pushes For New Trailer Safety Laws

Rick Shapiro — Sat, 26 Sep 2009 09:52:56 GMT

After my colleague Wayne Parsons posted a blog article touching on a runaway trailer death case and then I posted a story on a trailer injury case, I received a phone call from Ron Melancon, a Richmond, Virginia area man who has a strong interest in the lack of appropriate safety for vehicle trailers on highways and interstates-www.Dangeroustrailers.org including regular state inspection, reflectorization and adequate safety chains or connecting devices. Have you ever witnessed a runaway trailer, or seen a trailer fall off a vehicle? They injure and kill innocent drivers every week around the nation and can shoot across traffic lanes like a missile. Melancon has made trailer safety regulation his passion after a personal incident he was involved in with a poorly illuminated trailer.

A group of my Injuryboard attorney colleagues are also interested in improved safety on vehicle trailers, and will be addressing runaway trailers and general trailer safety issues in a series of trailer safety articles: Michael Bryant of Bradshaw & Bryant PLLC in Waite Park, Minnesota, David Mittleman and Devon Glass of Church Wyble, PC in Lansing, Michigan, Pierce Egerton of Egerton & Associates P.A. in North Carolina, Steve Lombardi of The Lombardi Law Firm in Des Moines Iowa, Wayne Parsons of The Parsons Law Firm in Hawaii, Rick Shapiro of Shapiro, Cooper, Lewis & Appleton, P.C. from Virginia and Northeast North Carolina (the author).

One big problem according to Melancon is that trailers that weigh less than 3,000 in gross weight are barely regulated by the Federal Government Department of Transportation. Individual states, such as Virginia, North Carolina and others, must decide whether to regulate trailers that weigh less than 3,000. And therein lies the problem: many of the trailer manufacturers around the country don't want regulations. They argue that it will take away jobs and cost a certain number of dollars per trailer. Melancon feels like this is a minimal issue because very small safety changes on trailers that weigh less than 3,000 pounds can make huge differences in health and safety of persons traveling on our nation's highways and interstates. And, he cites tragic injuries and deaths to prove it-like a recent Dinwiddie, Virginia (Va) runaway trailer that killed a young mother-a senseless death easily preventable with some basic trailer towing regulations and laws.

What got Melancon interested in this issue? Well, according to his injury blog on trailer safety, he actually was in an accident where he rear ended a person who had a trailer of the kind you see with lawn maintenance trucks or just other utility companies - it has the wire mesh or steel edges and is sort of a low profile trailer.

According to Melancon many of these smaller trailers towed behind cars and trucks have reflectors and safety lights, which are normally hooked to the car's brake light system-but often are not working. Further, these lights/reflectors often are not mounted close to the back edge of low profile trailers. In other words, at dusk or at night a driver approaching one of these trailers can be confused about where the rear of the trailer actually is-even if the taillights are working. One of the solutions Melancon lobbied for in the Commonwealth of Virginia was to require that reflectorized safety tape or actual reflectors be placed along the back edge of a trailer. VA's then Governor Warner (now U.S. Senator) signed the bill into law in 2004. That VA law reads:

There shall be affixed to the rear end of every trailer that has an unloaded weight of 3,000 pounds or less either two or more reflectors of a type approved by the Superintendent or at least 100 square inches of solid reflectorized material. The reflectors or reflective material shall be applied so as to outline the rear end of the trailer.

Melancon explained that several large trailer companies then lobbied for an amendment to the new law, to water down the safety regulation. The amendment removed reference to trailers 3,000 lbs or less and added:

For the purposes of this section, "utility trailer" means a trailer whose body and tailgate consist largely or exclusively of a metal mesh and whose end extends 18 inches or more beyond its taillights.

Melancon was astounded that Virginia legislators went along with this "legislative fix" which completely diluted trailer safety-it exempted all trailers that were equipped with “taillights” (that often may not work) within 18 inches of the rear. Also, taillights may not work may not be as effective as the reflective tape requirement. The new amendment excluded hundreds if not thousands of trailers. But its not just reflectorization involved, even more injuries and deaths are caused by inadequate or improper safety connections/safety chains between the trailer and the car or truck.

Runaway Trailers Injure and Kill Innocent Drivers

There is a picture in the link that follows of a car tragically crushed by a runaway trailer, the runaway trailer barrelling into the opposite lane ended the life of 20 year old Dinwiddie, Virginia (Va) mom named Caitlyn Johnson, who was simply driving her car lawfully down a Virginia highway.

Currently, Melancon is urging Virginia legislators to restore some reflectorized tape requirement, but also to require that a suitable strength safety chain or similar reliable device always accompany a trailer being pulled by a car or truck, even if weighing less than 3,000 pounds. Runaway trailers are instruments of interstate death and often kill innocent drivers, like the young mother in Dinwiddie Virginia who just recently suffered a preventable wrongful death due to a runaway trailer in Virginia.

Melancon explained to me that if a person in North Carolina or Virginia takes a fishing trip up to Canada that the Canadian police or sheriffs will pull over the vehicle and impound it if it does not have a safety chain connecting the car or truck and the trailer. He says its plain absurd that we don't have a requirement in Virginia (or many other states) that meets the same standard that Canada or the US government requires of trailers over 3,000 lbs!

A runaway 2,900 lb trailer going the wrong way on an interstate can and will cause death and airbags may not prevent you from being killed-especially by an oncoming missile like trailer heading the wrong way on an interstate. Trailer safety pointman Melancon is enlisting the support of every Virginia State delegate or Senator he can for new legislative remedies on regular, meaningful state inspections, on reflectorization, and probably most importantly: new safety chain connector laws. I note that Melancon is not a lawyer and is not in any official paid position on his trailer safety mission. He is simply an advocate speaking logic. These are the best safety people out there because they don't come to the table with any obvious bias one way or the other. Maybe not pure as driven snow, but about as strong a safety advocate as exists.

My take: visit the trailer safety blog that Melancon has been writing and blogging on for years at www.dangeroustrailers.org and send him a message if you would like more information about promoting trailer safety in Virginia or your state along the lines of the logical measures that Melancon has been backing.

Check out a new article on runaway trailers and simple solutions that need to be implemented.

Originally posted at InjuryBoard by Rick Shapiro