Virginia Personal Injury Blog

Deer: A Major Danger and Expense on Virginia Roadways

Jim Lewis — Sat, 07 Nov 2009 10:58:03 GMT

Close to 50,000 Virginians will file insurance claims for deer-related accidents at an estimated cost of nearly $15 million, according to the Fairfax Times. Virginia (VA) is currently ranked fifth out of all 50 states for deer-vehicle accidents and the frequency in which these accidents occur has increased 18 percent in the past five years, according to Reuters. It’s clear this is a major safety issue and an added risk while you’re behind the wheel.

It’s terrible if you wind up hitting a deer with your car. We’ve all seen the after-effects on the side of the road and the damage to your car can be extensive. Nevertheless, what’s even worse is to swerve in order to miss the deer and wind up slamming into another vehicle or veering off the road and hitting a tree or light pole. This can lead to a serious injury such as a broken back, lacerations to the face, a traumatic brain injury, or even death.

Don’t get me wrong, I’m not advocating pressing on the accelerator when a deer appears on the road, but the safety of you, potential passengers, and the other drivers on the road takes precedent over a deer.

You also need to be aware that only a comprehensive insurance policy covers deer-related accidents. This is important since 36 million Americans don’t have comprehensive insurance plans, according to USA Today. So not only is a deer accident dangerous, it can be costly if you’re not adequately insured.

The best piece of advice I can give you is be vigilant. The challenge with these deer-related accidents is that the animals leap out of nowhere onto the roadway providing very little reaction time for a driver. This is why you must always maintain eye contact on the road and be ready for anything that comes your way.

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

Originally posted at InjuryBoard by Jim Lewis

Virginia Board of Medicine Reprimands Doctor after Lawsuit-A Case That DID Make a Difference

Ben Glass — Sat, 07 Nov 2009 06:45:47 GMT

The Virginia Board of Medicine has issued a formal reprimand to a doctor who has now promised to refer to a specialist any patient who has complaints of rectal bleeding.

In a case handled by our office several years ago, a Virginia jury awarded $1 million to a patient whose complaints of rectal bleeding and abdominal discomfort went were diagnosed as hemmorhoids for years.

According to the Board of Medicine's order, Alan Joshua, MD has "read additional literature" about colo-rectal cancer and no longer performs flexible sigmoidoscopy or anoscopy on patients with rectal bleeding. Instead, he refers them to colo-rectal surgeons for evaluation.

At trial, specialists testified that had this patient been seen by a specialist earlier, he could have avoided massive rectal surgery that left him injured for life.

The Board of Medicine's Order Reprimanding Dr. Joshua and making Virgina safer is here.

Originally posted at InjuryBoard by Ben Glass

Wrongful Death Suit Reinstated in Virginia (VA) Against Parents Hosting Visting Teen

Rick Shapiro — Fri, 06 Nov 2009 18:41:31 GMT

Courts and juries can find adults who have temporary supervision or custody of children liable for injuries to those children even when the harm resulted from the actions of someone other than the supervising adults.

Summarizing this Nov. 5, 2009, ruling by the Virginia Supreme Court in a single sentence is difficult. As is all-too clear above.

What the ruling means for babysitters, parents who allow their children's friends to sleep over or spend other long periods visiting, or teachers and care providers is that they can be found to have a legal and civil duty to protect other people's children even when the children are not physically with the babysitter, host, teacher or caregiver.

Virginia's High Court voted 5-2 to support this interpretation of adults' child care responsibilities and liability when partially reversing a lower court's ruling that Richmond-area parents could not be held liable for the death of a North Carolina (NC) who was spending the night at their home.

The lawsuit stemming from the car crash death of 14-year-old Jaimee Elizabeth Kellerman now returns to a Virginia circuit court. In 2005, Kellerman died when a car she was riding in and which was being driven recklessly by 17-year-old Nathan DeFrank ran off a rural highway and hit a tree. Kellerman had permission from her parents to sleep over at the home of Paul and Paula McDonough. But, according to a Daily Press report, Kellerman's parents had specifically asked the McDonoughs not to let Jaimee ride with "boys with cars."

The Kellerman family is seeking $15 million from the McDonoughs in a wrongful death suit for being negligent in protecting Jaimee.

I cannot speculate on the outcome of the reinstated lawsuit, but I can say the Virginia Supreme Court has affirmed a high degree of liability for responsible adults in protecting children from the actions of other people. Broad determinations of liabilities are not rare, especially in regards to wrongful death claims. In light of this, and particularly the ruling in the Kellerman case, I can only advise adults asked to supervise minors (i.e., anyone under 18 years of age) to exercise the greatest care in ensuring those children's safety--a rule nearly all parents already follow but one which this tragic case underscores..

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

Road Kill: Pedestrian Accidents Often Result in Wrongful Death

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

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

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

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

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

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

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

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

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

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

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

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

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

Originally posted at InjuryBoard by John Cooper

Driver Fatigue Contributes to Serious Car Accidents

Jim Lewis — Thu, 05 Nov 2009 20:56:58 GMT

Millions of people were reportedly involved in car accidents, or came very close to getting into a serious car accident, due to driver fatigue, according to a study conducted by the National Sleep Foundation. Over 100 million people admitted they’ve driven while feeling drowsy.

As someone who regularly represents car accident victims, I cannot overemphasize the importance of being alert while behind the wheel of a car.

"People who drive when they are tired put their lives at risk, as well as the lives of others on the road," said Raquel Rothe, who owns Sleep EZ Diagnostic Center based in Salem, Virginia (VA).

Here are some warning signs that indicate you may be suffering from driver fatigue…

- Unable to focus

- Feeling restless and irritable

- Heavy eyelids

- Trouble keeping your head up

- Swerving while on the road

If you notice these symptoms, pull over and take a quick nap. Or, stop at a Sheetz or 7-11 and grab a cup of coffee (maybe a Red Bull for the hardcore caffeine addicts). To try and preempt these fatigue symptoms, get at least eight hours of sleep prior to a long drive

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

Originally posted at InjuryBoard by Jim Lewis

Toro Turn Mowers Too Hot to Handle, Result in Burn Injuries

Paul Thomson — Thu, 05 Nov 2009 09:01:00 GMT

Liquid-cooled models of Toro Z Master ZRT Mowers were recently recalled. There have been six burn reports thus far, caused by the coolant overflow container becoming over-pressurized and spraying hot coolant on the mower's operator. About 4,100 defective mowers have been produced, including models Z580, Z580-D, Z593-D and Z595-D, all of which use fuel-injected, liquid-cooled Kawasaki gas or liquid-cooled Kubota diesel engines. Review a complete list of recalled models, via the Consumer Product Safety Commission. Stop using these mowers at once in order to avoid getting serious burns! Consumers may also contact Toro for a free repair kit.

Originally posted at InjuryBoard by Paul Thomson

AstraZeneca’s Seroquel Subject of $520 Million Settlement

Greg Webb — Wed, 04 Nov 2009 17:58:05 GMT

AstraZeneca, a pharmaceutical company, has reached a $520 million agreement to settle two federal investigations and two whistle-blower lawsuits over the sale and marketing of its best-selling psychiatric drug Seroquel. According to research firm IMS Health, Seroquel was the top selling anti-psychotic medication in 2004 with about $17 billion in sales. AstraZeneca joins a list of drug manufacturers forced to pay billions of dollars to settle inquiries filed by former company insiders.

AstraZeneca disclosed one of the investigations related to physicians who participated in clinical trials involving Seroquel and another related to off-label promotion of the drug. However, a company spokesman refused to give more specifics about the physicians or clinical trials under investigation. He also said the company was in final negotiations to settle the whistle-blower lawsuits and reach a corporate integrity agreement with the U.S. Justice Department.

As a result to the company’s aggressive marketing campaign, Seroquel has been used for children and elderly patients for indications not approved by the Food and Drug Administration (FDA); doctors are allowed to prescribe any approved medication for off-label uses. AstraZeneca has also said that as of October 9, it has been served with 14,444 civil lawsuits over Seroquel’s misleading marketing because many of the patients using the drug have developed diabetes and other health problems.

Originally posted at InjuryBoard by Greg Webb

Norfolk's Harbor Walk condos, built with Chinese drywall, to get new developer

Emily Mapp Brannon — Wed, 04 Nov 2009 17:30:54 GMT

The beleaguered Harbor Walk condo project in Norfolk’s Ocean View neighborhood is being taken over by new developer Franciscus Co., months after it was revealed that the old developer – Henin Group of Florida – had been using defective Chinese drywall, The Virginian-Pilot reported.

Residents began to discover earlier this year that their luxury condominiums had been built with Chinese drywall that is believed to emit corrosive gases that damage metal and injure people.

Franciscus will be the third developer for the project. Meanwhile, innocent property buyers are suffering. I hope builders and government leaders work diligently to make these people whole.

My colleague Jim Lewis wrote about the Chinese drywall issue earlier this fall when leaders toured tainted homes in Hampton Roads; my colleague Rick Shapiro was one of the first to sound the alarm back in May.

One resident, Jeffrey Dunn, told the Pilot earlier this year that his condo has Chinese drywall and he’s had to ask BB&T Corp., his bank, to give him more time to pay his mortgage.

“If they don’t extend the forbearance, I’ll have to borrow money from family,” Dunn told the Pilot. “At this point my savings is gone.”

A number of Harbor Walk homeowners have sued over the defective drywall, as well as expensive moisture problems in many of the condos.

Homeowner Michelle Germano told WAVY-TV that her condo smelled like rotten eggs. She lost two treadmills, a TV, a refrigerator, a washer and a dryer, she told the TV station.

Franciscus told the Pilot that it hopes to restart the project soon. Only about 81 of a planned 237 units have been completed, the Pilot reported.

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 injury attorneys host an extensive injury law video library on Youtube . In addition, 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.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

One Dead, Three Injured in Virginia Beach Car Accident

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

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

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

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

Originally posted at InjuryBoard by John Cooper

Toyota Unintended Acceleration Incidents

Paul Thomson — Wed, 04 Nov 2009 09:58:32 GMT

For those interested in hearing an analysis of the Toyota Unintended Acceleration incidents, from the perspective of a vehicle defect expert, you may want to read this.

Originally posted at InjuryBoard by Paul Thomson