June 30, 2010

Virginia Jury Returns $2.5 Million Verdict in Medical Malpractice Case

A jury in Chesapeake, Virginia awarded a woman $2.5 million in a medical malpractice trial after agreeing with her contention that her debilitating stroke was due to complications caused by a doctor misdiagnosing her diverticulitis. The patient, now 52, suffered brain damage and remains unable to work as a secretary-bookkeeper as a result of the physician’s medical negligence. The jury’s verdict will be reduced to $1.65 million under a Virginia law capping medical malpractice awards.

Pierce & Thornton has handled numerous cases throughout North Carolina and Virginia, including cases in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore involving the misdiagnosis or failure to diagnose a disease or disorder by a physician, including the failure to diagnose and treat various types of cancers. The attorneys at Pierce & Thornton have nearly 50 years of experience in litigating all types of medical malpractice cases. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend.

May 1, 2010

Skin Cancer Detection & Prevention

In Virginia Beach, Skin Cancer Detection and Prevention Month is an important time. I have had the unfortunate privilege of representing two families who each lost a husband and father as a result of melanoma that went undiagnosed by their doctors. Melanoma is the deadliest form of skin cancer and the risk of an American developing melanoma is about 1 in 87, according to the Journal of the American Academy of Dermatology.

Continue reading "Skin Cancer Detection & Prevention" »

April 29, 2010

Hampton Roads Has Highest Auto Accident Rate in Virginia

According to a recent report, Hampton Roads (which is comprised of Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore) had the highest number of car accidents that resulted in injury or death in Virginia from 2006 to 2008. On average, there was a traffic accident in the Tidewater region every 19 minutes, and every 2.5 days someone died from one of those auto wrecks. Nearly 8 percent of all crashes in Hampton Roads involved alcohol, with 41 percent of fatal crashes involving alcohol. The leading causes of non-fatal accidents were following too closely, distracted driving and failure to yield; while the leading causes of fatal accidents were distracted driving and speeding. Nationally, Hampton Roads ranked 17th among 26 similar-sized U.S. metropolitan areas in traffic fatality rates.

Tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious auto or truck accident we can help. The attorneys at Pierce & Thornton have experience and expertise in representing families of those seriously injured or killed by the negligence of car or truck drivers. We can put together a team of qualified investigators and gather the information and data necessary to reconstruct the accident and determine who was at fault. We will consult with all of your health care providers so that we have a complete understanding of the nature and extent of your injuries and how the accident has impacted your life. Call today for an immediate consultation with one of our auto or truck accident attorneys.

April 15, 2010

Family Wins $29.1 Million Verdict In Medical Malpractice Case Against Federal Government

A medical malpractice lawsuit filed under the Federal Tort Claims Act (FTCA), which allows people to sue the federal government for medical malpractice committed at federally funded clinics, was recently decided in favor of the family of a 6-year-old boy who suffered brain damage at birth. As a result of the brain damage injury, the child was rendered a quadriplegic with cerebral palsy. The lawsuit was brought in federal court against the U.S. Government because the negligent doctor worked for a federally funded clinic. The $29.1 million verdict will be off-set by a $6.5 million settlement previously reached with the hospital.

Other claims allowed under the FTCA include those brought by dependents of active duty military members (active duty military personnel cannot sue the government for medical negligence at this time) who are injured or die as a result of medical malpractice by military medical personnel. The attorneys at Pierce & Thornton have successfully handled medical negligence cases against the federal government and have experience in federal court, which is where FTCA cases must be filed. If you have questions regarding potential malpractice committed at a VA facility or other federally funded clinics, call one of our attorneys at Pierce & Thornton for a free consultation.

December 22, 2009

New Federal Program Announced to Reduce the Likelihood of Harm from Medications

Doctors and other healthcare professionals in Virginia and around the country were recently notified of a new program launched by the U.S. Food and Drug Administration aimed at reducing the likelihood of preventable harm from medication use. The “Safe Use Initiative” was started because “too many people suffer unnecessary injuries from avoidable medication misuse, errors and other problems,” said FDA Commissioner Margaret A. Hamburg, M.D.

Millions of people are harmed every year from inappropriate pharmaceutical drug use. Many injuries occur as a result of incomplete access to information about a drug, a patient, or the patient’s condition. “Only through coordinated interventions across all sectors of the health care system can we substantially reduce preventable injuries from using medications,” said Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research. "All participants in the health care community have a role to play in reducing the risks and preventing injuries from medication use.”

The FDA highlighted several risk-reduction projects that may benefit from Safe Use collaborations, including evaluating consumer medication information, communicating about the risk of inadvertent overexposure to acetaminophen, implementing safeguards against surgery fires caused by alcohol-based surgical preps, and avoiding contamination of multiple use medication vials.

Pierce & Thornton has handled numerous cases throughout Virginia, including cases in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore involving physician and pharmacist negligence in prescribing and/or distributing pharmaceutical drugs. We encourage you to contact our firm if you, a family member, or friend were harmed after being prescribed the wrong drug or taking an incorrect dose of medication.

December 17, 2009

Doctors Often Misdiagnose or Fail to Diagnose Women’s Health Problems

Physicians in Virginia and around the country often misdiagnose or fail to diagnose several common women’s health issues, according to a recent health report. Health experts say that many women walk out of doctors’ offices feeling that their symptoms were ignored or have not been taken seriously. They are often told that their complaints are “all in their heads” or that everything will be fine if they would just stop worrying. The report warns that the best way for women to avoid having a disease misdiagnosed or not diagnosed at all is to become educated and empowered by learning the names, risk factors, symptoms, and treatments for the most commonly misdiagnosed women’s illnesses - - and then push to be taken seriously.

The seven most commonly misdiagnosed women’s health issues are: 1. polycystic ovary syndrome (the most common hormonal disorder among women of reproductive age and the leading cause of infertility); 2. fibromyalgia (a disorder of unknown origin that is characterized by widespread pain, numbness, and exhaustion); 3. chronic fatigue syndrome (although nobody knows the exact cause of the extreme fatigue common to this disorder, studies point to dormant viral infections, hormonal imbalance, and stress); 4. lupus (a malfunction in the immune system where the body becomes its own worst enemy); 5. multiple sclerosis (occurs when the immune system attacks the protective covering of the nerves in the brain and nervous system, breaking down communication between the brain and body and sometimes destroying the nerves themselves); 6. rheumatoid arthritis (a disease that attacks the linings of the joints via the immune system, causing swelling, aching, and potential deformity in hands, wrists, hips, knees, and feet); and 7. irritable bowel syndrome (a disorder characterized by chronic abdominal cramping and pain, bloating, gas, diarrhea, and constipation).

Pierce & Thornton has handled numerous cases throughout Virginia, including cases in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore involving the misdiagnosis or failure to diagnose a disease or disorder by a physician, including the failure to diagnose and treat various types of cancers. We encourage you to contact our firm if you question the care rendered to you, a family member, or friend.

November 5, 2009

Medical Malpractice Rampant at Veterans Affairs Hospital

A recently released VA Inspector General report found ongoing problems at a Veterans Affairs hospital where nine patients died in surgery in six months – a mortality level more than four times the expected rate. As a result, VA Secretary Eric Shinseki pledged to send five top-ranking officials to investigate the ongoing medical errors at the government-run facility. The VA report also found other evidence of medical malpractice, including inconsistencies in the tracking of deaths, medical procedures performed by physicians without proper authorization, and inadequate record keeping of patient care.

Medical negligence committed by the government against a military dependent (active duty military personnel cannot sue the government for medical negligence at this time) can be pursued under the Federal Tort Claims Act (FTCA). Under FTCA, a dependent of an active duty military member who is injured or dies as a result of medical malpractice by military medical personnel can pursue a claim in negligence. The attorneys at Pierce & Thornton have successfully handled medical negligence cases against the Federal government and have experience in Federal court, which is where FTCA cases must be filed. If you have questions regarding potential malpractice committed at a VA facility, call one of our attorneys at Pierce & Thornton for a free consultation.

October 30, 2009

Rough Year for Dog Bites in Virginia

Every year, hundreds of people in Hampton Roads and throughout Virginia are the victims of dog bites. In fact, a Norfolk Health Department report listed 860 dog bite complaints in the City of Norfolk through July 2009. Moreover, the Virginian-Pilot has reported several stories so far this year involving deaths and serious injuries stemming from dog bites. For example, a seven-month-old baby was reported in critical condition in Newport News after being attacked by a Pit Bull in February; a four-year-old child was mauled by a Norfolk K-9 dog in June; a woman was attacked by a dog at a Virginia Beach gas station in July; and a man died from wounds inflicted by two Pit Bulls in Loudon County in August. The list goes on and on.

While a majority of states hold a dog owner strictly liable for injuries caused by the owner’s dog, Virginia is among the minority of jurisdictions that adheres to the “one bite” rule. Meaning, every Virginia dog gets "one free bite" and the owner is not held responsible for the dog’s first aggressive act. However, if the dog owner or another person was responsible for the injury by being negligent or breaking a law, such as a leash law, then that person can be held legally liable.

The lawyers of Pierce & Thornton have represented numerous people who have been seriously injured by dog bites. If you need our help, please call today to speak to one of our attorneys.

October 23, 2009

Deaths Occur in Hampton Roads after Fatal Truck Accident in Norfolk and Lethal Auto Accident in Virginia Beach

On October 20, 2009, authorities in Norfolk and Virginia Beach reported fatalities as a result of a truck striking a woman in Norfolk and a two-vehicle crash in Virginia Beach. In Norfolk, a Dominion Virginia Power truck struck a woman crossing Little Creek Road near Granby Street. The woman later died of her injuries at Sentara Norfolk General Hospital. In Virginia Beach, a mother and her daughter died after being involved in a two-vehicle accident at the intersection of Dam Neck Road and Corporate Landing Parkway. They were ejected from the car as it overturned several times. The daughter died at the scene, while the mother succumbed to her injuries after being taken to Sentara Virginia Beach General Hospital. The Virginia Beach Police are still unclear as to who had the right-of-way.

Tragic accidents such as these are an unfortunate part of life. If you or a loved one has been involved in a serious auto or truck accident we can help. The attorneys at Pierce & Thornton have experience and expertise in representing families of those seriously injured or killed by the negligence of car or truck drivers. We can put together a team of qualified investigators and gather the information and data necessary to reconstruct the accident and determine who was at fault. Call today for an immediate consultation with one of our auto or truck accident attorneys.

October 19, 2009

Settlement of Virginia Beach Personal Injury Claims Deemed Insufficient

Despite having combined medical expenses of $555,662 and lost earnings totaling over $70,000 from injuries sustained at a Virginia Beach rental home, 36 plaintiffs are forced to share a mere $375,000 settlement. The injuries were sustained after the collapse of a third-story deck holding several dozen wedding guests at a large six-bedroom beachfront rental home in the Sandbridge section of Virginia Beach. City officials who inspected the collapsed deck found that it had been attached with nails to the exterior of the house, rather than bolted to the frame. Records also showed that the nails had rusted and corroded, and that there was no flashing to shield rain from other parts of the deck.

The injured wedding guests as well as the couple getting married sued the owners of the rental home for negligently failing to maintain the structure. The bride was reportedly told that the deck could support wedding guests.

Continue reading "Settlement of Virginia Beach Personal Injury Claims Deemed Insufficient" »

August 10, 2009

Abuse Investigated at Virginia Nursing Home

Two workers at a nursing home in Galax, Virginia, have been dismissed due to allegations of abuse of residents. The workers are being investigated by the police and criminal charges are expected. There are many nursing homes throughout the Virginia Beach, Norfolk, Chesapeake, Portsmouth and the overall Tidewater area that provide fine care to their residents. However, over the course of 25 years of practicing medical malpractice law, I have seen many instances of abuse and neglect of nursing home residents. Sometimes, there is simply inadequate staffing to provide the necessary level of care for the nursing home residents. Sometimes, the nursing home employees simply fail to provide appropriate care, thus resulting in injury or death to the resident of the home. At Pierce & Thornton, we have handled nursing home cases involving pressure sores, falls, medication errors, abuse and neglect and many other cases involving injuries to and death of residents at nursing homes.

Continue reading "Abuse Investigated at Virginia Nursing Home" »

August 4, 2009

Automobile Accidents in Virginia Caused By Texting

I was stopped at a stoplight in Virginia Beach on my way to work this morning when I saw a car rapidly approaching in my rear-view mirror. Anticipating that the car was not going to stop, I pulled my car into the other lane while the approaching car skidded to a stop in what was the spot where I was sitting. I looked over in amazement to see the driver still texting on his cell phone. If I had not been looking in the rear-view mirror, I’d be writing this from a hospital bed.

A Virginia Tech Transportation Institute study released recently showed truck drivers are 23 times more likely to be in a crash if they are texting, and several fatal accidents have been blamed on drivers or train operators who were distracted by texting. Many people say that the only thing that would make them stop texting is if they actually had an accident or ran off the road while texting. A far wiser choice would be to pull over if you need to send a text or wait until you reach your destination. Many states, including Virginia, have passed laws making it a traffic offense to text while driving. Effective July 1, 2009, Virginia law prohibits vehicle operation while using any handheld device to read, type or send a text message. While some may view this as an unnecessary intrusion of their individual liberties, lives will be saved due to the passage of this law.

Continue reading "Automobile Accidents in Virginia Caused By Texting" »