Virginia Beach Personal Injury Lawyer - Wrongful Death

Plane piloted by Virginia Beach (VA) man was low on fuel, investigators say

Jim Lewis — Wed, 25 Nov 2009 20:10:25 GMT

Mado McDonald, a Virginia Beach (VA) small-plane pilot whose plane crashed in South Carolina earlier this month, told controllers he was low on fuel, The Associated Press reported.

McDonald had flown the Raytheon Beechcraft King Air 200 twin-engine aircraft from Norfolk International Airport to Greenville-Spartanburg International Airport in Greer, S.C. for maintenance at Stevens Aviation.

The crash came the morning on Nov. 9 during what was described by the Spartanburg Herald-Journal as a “service ride,” not unlike taking a car for a drive with a mechanic after a repair.

Investigators found just half a gallon of fuel in the plane’s tanks after the crash, the Herald-Journal said, and eyewitnesses saw the engines “feathering” – going so slow the propeller blades were visible – just before the crash.

The plane crashed onto a highway just short of the airport grounds. Stevens Aviation technicians Ed Wilk and Derrick Holliday have both been released from the hospital, The AP reported, while McDonald remains in good condition at Greenville Memorial Hospital.

The plane is registered to MDTR Holdings LLC of Virginia Beach, The Virginian-Pilot reported, a corporation that shared the same address with the ECPI College of Technology.

The latest revelations come as part of a preliminary investigation by the National Transportation Safety Board. The technicians told the NTSB that the plane took off with just 400 pounds of fuel in it, according to the AP report. The plane crashed just 19 minutes later.

No one on the ground was injured.

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 Jim Lewis

Mise Family grieves over loss in Virginia Beach, Virginia

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

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

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

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

Originally posted at InjuryBoard by Emily Mapp Brannon

Virginia investigators studying boat collisions

Jim Lewis — Sat, 10 Oct 2009 21:11:17 GMT

Virginia authorities are crashing boats – on purpose.

The collisions are part of an effort to learn more about how recreational boat collisions happen and how to prevent them, the AP reported.

"It gives officers a chance to see it, because very few times do police officers have the opportunity to witness a traffic crash, let alone a boat collision," Jim Getz, a coordinator for the National Association of State Boating Law Administrators, told the AP.

The controlled collisions happened in September on an isolated part of the James River near Richmond. The collisions were recorded and photographed, with materials to be disseminated across the country.

Recreational boat accidents are an ever-present danger in Hampton Roads, and I support any efforts to make boating safer. In May, my colleague David Hurt wrote about a boat capsizing near the Chesapeake Bay Bridge Tunnel, an incident that left one man dead and another injured.

And my colleague Emily Mapp Brannon wrote less than a month ago that boating accidents were steeply rising throughout Virginia.

In 2008, 709 people died in recreational boating accidents, according to the U.S. Coast Guard. Of those 709, 60 were killed in collisions. Another 856 people were hurt in collisions.

In the latest project, 12 pairs of boats were crashed into each other. All were donated and were crashed by remote control.

"It is a complex, very dynamic event, and the only way to fully understand it is to study actual collisions, where you know what actually happened and can carefully examine the aftermath," accident investigator and consultant Miles Beam told the AP.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling wrongful death cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA). Our attorneys have handled numerous wrongful death cases and we understand the difficult circumstances which accompany these types of cases. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

(MM)

Originally posted at InjuryBoard by Jim Lewis

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.

(MM)

Originally posted at InjuryBoard by Rick Shapiro

Release of Day Care Worker Involved in Infant's Death Highlights Safety Issues

Jim Lewis — Tue, 25 Aug 2009 06:34:00 GMT

Last Wednesday, Ann Marie Cardinal got out of jail after serving less of half of the sentence she receive in 2005 for operating an unlicensed day care center in Virginia Beach. While Cardinal was, in fact, illegally caring for as many 20 children at her home on Highpoint Avenue in the Shadowlawn neighborhood, what prompted her conviction was the death of Hannah Weiss on Cardinal's watch. Baby Hannah was just 9 months old.

Cardinal was not found directly responsible for Hannah's death, but Cardinal did not have any of the required permits or training to care for large numbers of children in Virginia. When emergency personnel responded to the call about Hannah's respiratory arrest, the EMTs found Cardinal performing CPR incorrectly. Cardinal had also been convicted in 2001 for felony conspiracy to obtain money under false pretenses.

I must agree with the editors of the Virginian-Pilot, who wrote over the weekend, "The events surrounding a 9-month-old girl's death at a Virginia Beach day care in 2005 are egregious enough that they should shame Virginia into changing its child protection laws." Currently, parents and guardians cannot directly access files regarding complaints about Virginia day care centers or operators. Also, the state's Child and Protective Services lacks the staff, resources and authority to adequately detect and close illegal child care operations.

The problem of unlicensed and unsafe day cares persists. Nor is inexpert and potentially harmful child care a problem unique to Tidewater or Virginia. Earlier this month, a Florida jury awarded a family $3 million because a day worker bent their son's leg until it snapped.

So injured children and traumatized families do have some protection in the courts. Still, regulators need to make greater efforts to prevent potential and actual injuries and fatalities before they occur.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border. The firm handles car, truck, railroad, 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. Shapiro, Cooper, Lewis & Appleton’s lawyers are licensed in VA, NC, SC, WV, DC and KY.

EJL

Originally posted at InjuryBoard by Jim Lewis

Pit bulls blamed in death of Leesburg man

Emily Mapp Brannon — Fri, 14 Aug 2009 09:01:00 GMT

Investigators believe two pit bulls dogs are responsible for the death of 20-year-old Carter Delaney, whose body was found in his Leesburg home, The Washington Post reported earlier this week.

Delaney's body was discovered in the basement of his home at 121 Plaza St. in Leesburg with the body of a dead dog. Two more live dogs – American Pit Bull terriers, according to WLTX-TV – were found in the home and taken to Loudoun County Animal Care and Control.

Authorities told the Post that Delaney died from puncture wounds consistent with dog bites found on his body. The two pit bulls are also believed to have killed the third dog, a mixed-breed pug. That dog belonged to Delaney's mother, while the pit bulls reportedly belonged to Delaney's brother.

The dogs were euthanized at the request of the family.

"We are thinking of the family involved, respecting their privacy and giving them time to mourn," Laura Rizer, community outreach manager for Loudoun County Animal Care and Control, told the Post.

While fatal dog attacks are rare – authorities said this was the first such incident in Loudoun County that anyone could remember – they do happen. According to the Centers for Disease Control and Prevention, an average of 16 people a year are killed by dogs.

According to the CDC, 4.5 million people are bitten by dogs annually; one in five (885,000) require medical attention, and 31,000 people require reconstructive surgery.

The CDC has this safety advice for avoiding dog bites:

– Do not approach an unfamiliar dog.

– Do not run from a dog or scream.

– Remain motionless when approached by a strange dog.

– Do not disturb a dog sleeping, eating or caring for puppies.

– Avoid direct eye contact.

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.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Michael Jackson's Doctors- 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. Now, rumors are circulating of Jackson using an alias to secure medications, and if any doctor facilitated such prescription, this could be a criminal law violation. 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 providing or injecting a drug that is not properly prescribed for the conditions Jackson suffered may have all kinds of liability. Also, rumors are circulating about Jackson using aliases to obtain drugs, but these rumors have not been attributed to any named source. Any doctor who knowingly facilitated that type of a scheme has potential criminal liability.

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.

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 John Cooper

Weather Conditions Important for Boating Safety

Randy Appleton — Sat, 06 Jun 2009 18:16:00 GMT

It’s been only five months since two fishermen were killed after their boat was struck by a wave in the midst of bad weather in the Chesapeake Bay of Virginia (VA), according to The Virginian-Pilot.

It’s not uncommon for people to take their boat out when weather conditions are not conducive to such an outing. It may just look “cloudy” and the hopes of enjoying some time on the water before a storm hits is certainly a risky venture.

As a personal injury lawyer with 20 years of experience working with clients who’ve been severely injured in accidents, I strongly advise boaters to check weather conditions regularly.

It’s important to check the weather continually because conditions can change rapidly. If you see a storm forming, be safe and head back to land.

If you see lightning, definitely return to shore. In the United States, lightening kills more people than hurricanes, floods, or tornados, according to the University of Maryland. Lightning can be especially dangerous to Chesapeake Bay boaters in Virginia (VA).

Remember, it’s always better to safe than sorry. Risking the safety of you and your crew for a quick jaunt on the water just isn’t worth the potential pitfalls.

Originally posted at InjuryBoard by Randy Appleton

Boat Safety Begins with Responsibility

Jim Lewis — Fri, 05 Jun 2009 19:16:00 GMT

It’s been nearly a year since Bobby Ray Ussery, a Virginia Beach, Virginia (VA) man died while enjoying a boat ride with his friend, Kurt Jon Riffey of Chesapeake, Virginia (VA). It turns out Riffey was intoxicated while operating the boat. He struck a marker in the Southern Branch of the Elizabeth River and Ussery was hit in the head causing his death on the boat, according to The Virginian-Pilot.

As a personal injury attorney who’s been practicing law for over two decades, the safety of boaters is important to me. Furthermore, it’s so tragic to hear about a boat-related death and recognize it could have been prevented with basic responsibility on the part of the boat operator.

Clearly, Riffey exercised a horrendous lack in judgment and responsibility by drinking heavily and operating a boat. This type of behavior is dangerous, but sadly far too common in the waters of the Elizabeth River and throughout Virginia (VA). In fact, half of all boating fatalities are alcohol related, according to boatingsafety.com.

Boating accidents have increased in Virginia (VA) to the point where the Coast Guard is requesting boaters be more mindful while in the water, according to The Virginian-Pilot.

I implore any one who plans to operate a boat this summer to exercise proper judgment and responsibility – refrain from drinking and operating a boat. I understand the temptation, especially if you’re enjoying a casual outing with friends and family on the water. However, you’re responsible for the safety of not only yourself but your passengers on the boat. If you engage in drinking while on a boat, turn over the keys to someone capable of operating the boat.

This is common sense, but the numbers clearly indicate the message isn’t reaching people. So, in very clear, simple terms: do not mix alcohol and boating. The combination could be fatal.

Originally posted at InjuryBoard by Jim Lewis