Norfolk-Portsmouth Personal Injury Lawyer - Personal Injury Lawyer

Feres Doctrine on Chopping Block After House Panel Vote

Rick Shapiro — Fri, 09 Oct 2009 09:17:00 GMT

I have long advocated for the overturning of the Feres Doctrine, a nearly 60-year-old U.S. Supreme Court ruling that bars active-duty military personnel from receiving compensation for injuries they suffer due to medical malpractice. The rule denies basic protections and protections to the very people who have done the most to earn those rights and protections and guarantee them for other Americans through their service to the country.

So I was pleased to see the members of the U.S. House of Representative Judiciary Committee earlier this week sent legislation that would invalidate the Feres Doctrine to the full House for a vote. According to an Air Force Times report, the Carmelo Rodriguez Military Medical Accountability Act is named after a Marine Corps sergeant who died at 29 of melanoma after military doctors withheld their diagnosis from him for 10 years. Like every other active-duty military member since 1950, neither Rodriguez nor his family could seek justice once the gross malpractice of the military doctors came to light.

The bill to overturn the Feres Doctrine may face tough opposition in the Senate, according to the Air Force Times, but at least federal legislators are beginning to recognize the injustice the rule perpetuates. As a member of law practice dedicated to representing victims of medical malpractice, I know how devastating errors and negligence by doctors, nurses, surgeons and pharmacists can be. I hope military members will soon no longer be left to suffer the consequences of medical malpractice without relief.

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.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Experienced Injury Lawyers in a Navy/Military Town: Why Navy/Military Families Need Top Navy/Military Town Injury Lawyers

John Cooper — Thu, 18 Jun 2009 18:48:00 GMT

The Virginian-Pilot wrote about military members recovering from Traumatic Brain Injuries (TBI) due to battle-related injuries...and car accidents. In a Navy/Military area such as Hampton Roads, Virginia (VA) the chances of a military member getting in a car accident or simply suffering an injury is higher than other parts of the country. This is why it’s important to consult with a top Navy/Military town injury lawyer when/if an accident occurs.

If you’re a military member who’s been in an accident or injured, or you know a military member who’s suffered an injury, you need the best legal advice possible. Someone suffering from TBI or any injury deserves proper representation, especially our brave men and women who serve and protect our country.

I wrote about the importance of top legal advice and representation for military members and their families. My firm – Shapiro, Cooper, Lewis, & Appleton – has represented numerous clients affiliated with the military suffering horrendous injuries. This experience is vital because compiling the necessary records and information to file a claim and develop a case for a client affiliated with the military is different from a civilian. It’s more challenging to obtain medical records and documents of that nature. The lawyer needs to understand the processes in order to expedite the retrieval of this essential information.

An example of our experience includes my colleague Emily Mapp Brannon representing a member of the Navy who suffered a serious eye injury by a drunken patron at a bar. Mrs. Brannon stated, “Many personal injury attorneys would not take a case like this…[but] I knew that my client would likely be disabled from the military in the future-at some time and would possibly lose his career/job as a result of the bar/nightclub's negligence and the violent acts of the drunken customer.”

Our attorneys care about the long-term health of our military men and women.

Another example, my colleague Jim Lewis also represented a member of the Navy when the serviceman suffered severe low back pain after being rear-end collision in a car accident.

Clearly, our firm possesses the requisite experience and legal expertise to represent military personnel and their families. These heroic individuals deserve the very best representation possible after enduring a serious injury.

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

Zicam nasal spray causes loss of smell

Rick Shapiro — Wed, 17 Jun 2009 17:38:00 GMT

The FDA announced consumers should avoid the nasal spray Zicam due to the risk of permanent loss of smell. 130 people have reported losing their sense of smell after using Zicam products since 1999, according to MSNBC.

Zicam is an over-the-counter product which contains zinc, an ingredient scientists say could potentially damage nerves in the nose needed for the sense of smell. Other products affected by the FDA announcement include adult and kid-size Zicam Cold Remedy Nasal Swabs.

Doctors stated the loss of smell could be life threatening since it would prevent an individual from being able to detect a gas leak or a house fire.

As a personal injury lawyer who’s been practicing law for over 20 years, it always upsets me when I hear about an over-the-counter product harming people’s health. This product should have been tested before hitting the open market. However, the FDA stated Zicam Cold Remedy was never formally approved because it falls under the category of homeopathic products, which usually contain herbs, minerals and flowers.

Homeopathic products are not required to go through federal review, which puts people at risk for horrific side effects (e.g. loss of smell). The laws need to be changed to give the FDA the power to regulate such products. The current regulations just aren’t strict enough, plain and simple.

Here’s a video talking about the FDA warning of Zicam nasal spray…

Video

Zicam is produced by Matrixx Initiatives and is a highly profitable product. In fact, it accounted for 40 percent of the company’s over $100 million dollars in sales from 2008, according to MSBNC.

Matrixx settled numerous lawsuits in connection with Zicam recently, but their web site still claims, “No plaintiff has ever won a court case, because there is no known causal link between the use of Zicam Cold Remedy nasal gel and impairment of smell.” I suppose Matrixx is claiming a substantial settlement is not "winning" a court case, but without quibbling, lets all agree that when the FDA says Zicam has caused permanent injury, we can believe it.

Originally posted at InjuryBoard by Rick Shapiro

Less Independent Doctors Could Mean More Medical Mistakes

Randy Appleton — Sun, 14 Jun 2009 23:49:40 GMT

Medical errors are a leading cause of death and injury, according to the Agency for Healthcare Research and Quality. A recent report by the Institute of Medicine estimates that roughly 44,000 to 98,000 people die in U.S. hospitals each year as the result of medical errors. To put that staggering number into perspective, more people die from medical errors than from motor vehicle accidents, breast cancer, or AIDS.

Another interesting trend to note is the decreasing number of independent doctors in favor of doctors working for large corporate health care groups. For example, Riverside Medical Group added 82 physicians, nurse practitioners and physician's assistants in 2008. Sentara Medical Group added roughly 100 physicians in the past two years while Bon Secours Medical Group nearly doubled in size when it added 24 physicians this past year, according to the dailypress.com.

Could there be a connection between mistakes and the expanding size of major health care groups? Possibly. There are certain benefits for doctors to join health care groups. It alleviates the business aspect of running an independent health facility and can provide additional stability.

However, when doctors join a large health group like Bon Secours and Sentara, they’re also subject to certain policies and practices that may increase the workload to a point where the likelihood for mistakes increases. There could also be less one-on-one time between the doctor and the patient since the doctor is beholden to the health group, not their own practice.

Here’s a video talking about medical mistakes:

Video

As a personal injury lawyer practicing for over two decades, I’ve represented numerous clients who’ve suffered horrific injuries due to medical errors. Though some doctors may benefit from joining large health companies, we need to keep an eye on the number of medical errors occurring in Virginia (VA) and throughout the country. If it increased precipitously, we may need to examine this connection further.

Originally posted at InjuryBoard by Randy Appleton

Sexual Assault in Nursing Home Highlights Need for Oversight

Rick Shapiro — Sun, 14 Jun 2009 12:59:00 GMT

An inexcusable act occurred at the Chesapeake Health and Rehabilitation Center. Mark S. Albright, a licensed nurse working at the facility on the 600 block of Kingsborough Square in Chesapeake, Virginia (VA) sexually assaulted a comatose woman.

A nursing assistant witnessed Albright place his mouth on the woman’s breast, but waited several minutes to report the incident, according to The Virginian-Pilot.

This is a disgusting, deplorable incident and Albrigt was rightly sentenced to 10 years in prison. Taking advantage of a woman in a debilitated state is horrendous.

Unfortunately, abuse in nursing homes is far too common in Virginia (VA). According to the National Center for Elder Abuse, during fiscal year 2002, Adult Protective Services received 11,306 reports of elder/adult abuse and maltreatment in Virginia (VA). Of these reports, 7,960 were substantiated.

As a personal injury lawyer who’s been practicing law for 20 years, I always get so frustrated when I hear about nursing home workers abusing patients. We are entrusting these people with the safety and well-being of our parents and grandparents. Many workers violate that trust.

Our firm wrote about the fact that three Virginia (VA) nursing homes were listed on the worst nursing homes in the country by the Centers for Medicare and Medicaid. It probably won’t be long before the Chesapeake Health and Rehabilitation Center make that list unless they take serious actions to overhaul their staff and implement stricter regulations.

Here’s a video describing some of the tell-tale signs of nursing home abuse.

Video

Originally posted at InjuryBoard by Rick Shapiro

Who’s Regulating Who? Allied Terminals Tank Spill Sparks Discussion on Tank Regulations

Emily Mapp Brannon — Fri, 29 May 2009 12:03:00 GMT

The U.S. Chemical Safety Board held a news conference Wednesday to release its final report on the Nov. 12 tank collapse at Allied Terminals. They concluded that the collapse of a liquid fertilizer tank along the Elizabeth River was the perfect example why the inspection and maintenance of above-ground fertilizer tanks should be regulated by the state. The safety board concluded that the spill was caused defective welding on Allied Terminals' Tank 201, which caused more than 2 million gallons of liquid fertilizer to spill out. Additionally, two contractors were injured while performing welding work on the tank.

The federal agency also faulted Allied Terminals for failing to ensure that the welds on Tank 201 met industry quality standards, not performing post-welding inspections on the tank, and directing contractors to seal leaking rivets while the tank was being filled to its maximum level for the first time. Chesapeake city officials said they intend to pursue state laws that will authorize them to regulate large fertilizer storage tanks along the Elizabeth River's Southern Branch.

Seventeen states currently have regulatory programs relating to the storage of liquid fertilizer in above-ground tanks. Delegate John Cosgrove (R – Chesapeake) thinks Chesapeake should follow their lead. "I think it's probably something that needs to be done." He then added that inspection fees could pay any program costs. "We have to look at the seriousness of what happened there. We have to look at the safety of the people around the tanks."

So what about the safety of the people who live around the tanks? What’s being done for them? Several residents who attended Wednesday's news conference were upset about what they called the city's lack of progress. Allied is paying the cleanup bill, which is already in the millions of dollars, but it is an ongoing process. About 200,000 gallons of liquid fertilizer has not been recovered, and may have flowed into the Elizabeth River. State environmental officials discovered high amounts of nitrate and ammonia in parts of the Elizabeth River after the collapse, but those amounts returned to pre-spill levels by March, according to DEQ tests.

U. S. officials have done water monitoring at two private wells, which showed no impact to drinking water. Allied also has done air monitoring at one residential property; they were originally concerned about people being exposed to ammonia vapors, but officials say that is not a concern anymore.

In the meantime, long-time South Hill resident Edora Mitchell waits for her now brown yard to be green again, and for the ditches near her home to be cleared of the liquid fertilizer. I know how toxic chemicals can affect a person’s well-being. I’ve seen it happen, many times. For now it’s a game of wait-and-see to determine if Chesapeake and Virginia will make the right decision.

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.

Originally posted at InjuryBoard by Emily Mapp Brannon

Accident Emphasizes Importance Of Seatbelts In Car Safety

Randy Appleton — Fri, 29 May 2009 11:48:00 GMT

Jacqueline Yarborough of Hampton, Virginia (VA) and Marion Benson of Chesapeake, Virginia (VA), were involved in a serious car accident on May 28, 2009 and had to be airlifted to the hospital from the accident site on I-664, according to the dailypress.com.

Both women were not wearing their seatbelts and the impact of the collision caused them to be ejected from their vehicles. A third car was involved in the accident, but the driver did not suffer any serious injuries, likely due to the fact they were wearing a seatbelt.

As a personal injury lawyer with over two decades of experience, I’m always concerned about the safety of others. I’ve represented numerous clients involved in serious car accidents.

I’m also a commuter, so I practice safe driving measures and implore all drivers to do the same. Wearing a seatbelt is the simplest way to help ensure your safety in case you're involved in an accident.

Not only is wearing a seatbelt essential to improving safety, it’s also the law.

Virginia (VA) code § 46.2-1094 states “Occupants of front seats of motor vehicles required to use safety lap belts and shoulder harnesses…Each person at least sixteen years of age and occupying the front seat of a motor vehicle equipped or required by the provisions of this title to be equipped with a safety belt system, consisting of lap belts, shoulder harnesses, combinations thereof or similar devices, shall wear the appropriate safety belt system at all times while the motor vehicle is in motion on any public highway.”

So when you’re on the road, be sure to buckle up.

Originally posted at InjuryBoard by Randy Appleton

Allied At Fault For Fertilizer Tank Collapse

Randy Appleton — Thu, 28 May 2009 13:30:00 GMT

It’s been determined by an independent federal agency that Allied was at fault for the 2008 fertilizer tank collapse which occurred at Allied Terminals in Chesapeake, Virginia (VA) resulting in four people being injured. According to The Virginian-Pilot, the agency discovered a lack of proper post-welding inspection led to the collapse.

Some of the fertilizer liquid went into storm drains and pipes which flow into Elizabeth River's Southern Branch. This poses a threat to aquatic life, according to the Department of Environmental Quality.

Officials in Chesapeake, Virginia (VA) are going to pursue state laws that will enable them to regulate fertilizer storage tanks along the Elizabeth River’s Southern Branch. It’s commendable for city officials to take these steps, but the damage done to those four victims and the potential ecological damage cannot be erased.

Larry Ladd, a researcher whose presented at the American Chemical Society, suggested that fertilizers such as the kind now potentially effecting Elizabeth River's Southern Branch contain a chemical known as perchlorate which has been connected to thyroid damage.

As a personal injury lawyer with over 20 years of experience, it’s always disheartening to learn about big corporations shirking their responsibility and neglecting the safety of both their workers and citizens surrounding their facilities. Proper oversight and post-welding inspections should have already been put into practice.

Originally posted at InjuryBoard by Randy Appleton

Workers Suffering From Brain Injuries Deserve Equal Compensation Rights

Jim Lewis — Tue, 26 May 2009 15:36:00 GMT

You’re better off dying than suffering a brain injury in the state of Virginia (VA). This is the opinion shared by State Sen. Richard Stuart and many others, according to The Virginian-Pilot.

A heart-wrenching example is Art Pierce, a truck driver who, in 2006, suffered a traumatic brain injury in Stafford, Virginia (VA). His family, including his wife Claire Pierce, believes he suffered the injury after falling from a dump truck he was trying to fix, but no one saw him fall and Art was unable to testify at a hearing.

He never recovered from the injury and died in 2008.

Workers' compensation claims made on behalf of workers who die of other on-the-job injuries are routinely given the benefit of the doubt in hearings and other proceedings.

This is completely unfair and imbalanced. A traumatic brain injury can leave a person incapacitated for years and/or eventually lead to death, just like what happened to Art Pierce. The families of these individuals deserve equal compensation. Art Pierce’s family deserves compensation. The law needs to change.

Unfortunately, SB821, the bill focused on changing the current law was defeated due to special interests and lobbyists for insurance companies and other business groups.

Our firm has battled with insurance companies and business groups aiming to deny proper compensation for brain injuries and related head trauma. As a personal injury lawyer focused on ensuring brain injury victims receive proper compensation, I recently attended the 2009 Litigation Strategies Seminar put on by the Brain Injury Association of America in Las Vegas, Nevada. Because our firm regularly goes to the best attorney conferences, we are aware of the latest medical science and trial tactics to get maximum compensation for our clients who have suffered a blow to the head or a cracked skull in car and truck accidents.

We’re proud to have a track record of success in cases like these. For example, our firm won the largest personal injury verdict in Virginia (VA) history and the case revolved around an individual who suffered a traumatic brain injury.

If politicians continue to shirk their responsibility to make the laws fair, we’ll remain focused on keeping these companies honest by fighting them in the courtroom and ensuring justice to citizens afflicted with traumatic head injuries.

Originally posted at InjuryBoard by Jim Lewis

Chinese-made Drywall is a Major Health Hazard

Rick Shapiro — Tue, 19 May 2009 13:02:00 GMT

U.S. Rep. Glenn Nye (D) of Norfolk, Virginia (VA) visited families driven out of their homes by toxic Chinese-made drywall, according to The Virginian-Pilot. Numerous lawsuits have been filed in Norfolk and Virginia Beach, Virginia (VA) due to this hazardous material.

Colleen Nguyen’s family was suffering major health problems potentially due to the toxic substances found in her home’s drywall. Nguyen’s 11-year-old daughter battled with consistent nosebleeds and a case of strep throat. Nguyen believes there are over 60 cases of toxic Chinese-made drywall in the Hampton Roads area of Virginia (VA).

Issues surrounding Chinese-made drywall are not relegated to Virginia (VA). This is potentially a nationwide problem. Time Magazine reported in March of 2009 about the possible ramifications of toxic Chinese-made drywall.

Drywall is made from gypsum, a soft mineral which is pressed in between thick layers of paperboard. The potentially toxic Chinese-made drywall material may have originated in at least one gypsum mine in China and possibly others, according to the Time article.

As a personal injury lawyer with over 20 years of experience, I recommend checking your drywall for toxicity. If you’re currently dealing with health problems or have encountered health problems, you need to not only consult your doctor to see if any correlation exists but also seek legal counsel.

You may have potentially toxic Chinese-made drywall if you encounter any of these elements, according to NBC News:

The smell of rotten eggs in your home
The back of the drywall has the KNAUF or Knauf Plasterboard, made in Tianjin.
Corroded copper coils in your air conditioner or black-colored coils
Chinese-made drywall is thinner and lighter than typical drywall

Originally posted at InjuryBoard by Rick Shapiro