Virginia Injury Law Blog

Virginia Beach parents, whose baby died suddenly after birth in April, 2005, are trying to reform the Virginia Board of Medicine procedures for public complaints. Their infant died as a result of dangerously low amniotic fluid (oligohydramnios). The mother, who was at high risk because of her age, had undergone chorionic villus sampling, more commonly called CVS, in which a needle is inserted into the placenta to extract tissue. The couple suspects that this procedure caused a small leak of amniotic fluid that was undiagnosed and untreated. The amniotic fluid index was well below the 5 centimeter level that is considered cause for concern. The baby was delivered via Caesarian section and died almost immediately due to underdeveloped lungs, which is a by-product of oligohydramnios.

Continue reading "Virginia Infant Death Spurs Fight for Medical Reform" »

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Posted In: Medical Malpractice

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Victims of medical negligence related to medication errors won a major victory last week. The United States Supreme Court upheld a $6.7 million jury award to a musician who had lost her arm due to a mishandled injection of Phenergan, an anti-nausea medication. The Court rejected the defense argument that federal law limits lawsuits against drug makers.
In a 6-3 decision, the Court held that federal approval of the medication’s safety label did not mean that the manufacturer was shielded from lawsuits like the one filed by the patient.

This is the Supreme Court’s second ruling this term which has turned away business groups’ attempts to argue that federal regulations strip a patient’s rights to seek damages for negligence under state law.

Pierce & Thornton has handled medication error cases for its clients. If you believe you or your family has been harmed by a prescription drug or medication error, call one of our attorney’s for a free consultation.

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Posted In: Medical Malpractice

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A recent research study reveals that hospital deaths are significantly higher when the patient is admitted on the weekend rather than during the week. The study cites lower staffing levels and less experienced hospital staff working weekends as possible explanations for the higher mortality rate.

This same study also concluded that being discharged from the hospital on a Friday has increased risks of death or readmission within thirty days. Early discharge may occur on a Friday in the rush to get patients out of the hospital and therefore, inadequate discharge instructions are given or the increased likelihood of discharging a patient before they are medically stable to go home occurs.

The lesson to be learned here is that one should try to avoid admission to a hospital over the weekend (which, of course, is sometimes unavoidable) or being discharged before the weekend. If you or your family member is discharged on a Friday, be sure to confirm with the physician your understanding of all discharge instructions, including all reasons that you would need to return to the hospital.

At Pierce & Thornton, we have handled numerous medical negligence cases involving a physician’s or hospital’s decision to discharge someone from the hospital before they were medically stable. If you have any questions about this type of case, please call one of our experienced medical negligence attorneys.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Medical Malpractice

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One of the nation’s largest health insurers was accused of overcharging millions of Americans for healthcare. The company, UnitedHealth Group, has agreed to pay a $50 million settlement after investigation by the New York State Attorney General’s office. The investigation arose after hundreds of patients complained to the state about medical care and procedures that were not being reimbursed as “usual, customary or reasonable” charges by UnitedHealth Group. UnitedHealth Group justified its withholding of coverage on the grounds that an “independent” company, Ingenix, had reviewed the care and treatment and deemed it outside the coverage. The investigation revealed that Ingenix is owned by UnitedHealth Group and therefore, questions were raised about the independence of its review process. Many of the patient are contemplating bringing a class action lawsuit against UnitedHealth Group.

Pierce & Thornton encourages you to review your health insurance company’s policies so that you are aware of covered and non-covered medical expenses.

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Posted In: Medical Malpractice

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The danger of children being trapped by defective drain suction remains a problem for about 80% of the nation’s public pools. In 2007, Congress passed legislation requiring safe drain compliance within one year. The National Swimming Pool Foundation reports that approximately 240,000 pools across the nation will fail to comply with the new federal standard before the deadline. This issue, despite litigation against product manufacturers and the enactment of federal legislation, remains a significant risk for our children.

Call Pierce & Thornton if you or a loved one has been affected by this issue.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Personal Injury

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Early detection of colon cancer by colonoscopy may be more challenging than prior studies have shown. A recent study in the Annals of Internal Medicine concludes that nearly 30 to 40 percent of colorectal cancers may not be detected by a colonoscopy. This is a prevention rate far less than that reported historically by doctors. The study further concluded that nearly all cancers on the right side of the colon and about one-third of cancers in the left side of the colon are not visible from the study. The study includes data from colonoscopies performed by internists as well as gastroenterologists, which may have some bearing on the outcome. Despite these new findings, researchers still strongly recommend that patients continue to have the test as a preventative measure.

If you or a loved one has concerns that their colon cancer was not timely diagnosed, call Pierce & Thornton to discuss your potential case.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Medical Malpractice

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On Friday, November 14, 2008, after deliberating for approximately six hours following five days of testimony, a Rockville, Maryland, jury found Dr. Michael Albert, formerly with the dermatology practice of Norman A. Lockshin, M.D., P.A., liable for attorney Richard Semsker’s death from malignant melanoma and awarded damages to the patient’s family in the amount of $5.8 million. Melanoma is a cancer of the cells that produce melanin, the pigment that colors the skin. According to the American Cancer Society, about 62,000 Americans are diagnosed each year with melanoma and about 8,000 die from the disease.

The Semsker family was represented by Norfolk attorney, Jonathan L. Thornton, Esq., of the law firm Pierce & Thornton, PLC, and Patrick A. Malone, Esq., of Patrick Malone & Associates, in Washington, D.C.

“This was a tragic story about a good man and a responsible patient who was dropped through the cracks by his physicians. He could have been saved at any point during a six year period, but there was a total breakdown in communication between his physicians,” stated the Semskers’ attorney, Jonathan Thornton.

Continue reading "Failure to Diagnose Skin Cancer/$5.8 Million Verdict in Wrongful Death Case" »

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Wrongful Death

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You feel like you have an open and shut Virginia personal injury claim where you or your family member has been seriously injured by a negligent driver. The negligence is clear; the injuries are undisputed. A settlement offer is made, but you think the case is worth more money. You and your lawyer decide to take the case to trial because you can get more money at trial, right?

Not necessarily. According to a recent study which examined the results of over 2,000 cases that went to trial from 2002 to 2005, researchers found that the injured parties (and their lawyers) were WRONG 61% of the time they decided to go to trial rather than take the sure thing in settlement. These plaintiffs netted less money from their trials than they had turned down in settlement negotiations, after taking into account the expenses of trial. On average, plaintiffs lost about $43,000 when they erred by going to trail. Interestingly, defendants made the wrong decision to try their cases 21% of the time, but the average cost of their “mistake” was much higher -- nearly $1.1 million.

What does all this mean? Some cases will have to be tried because the offer is zero or simply not a fair one. But, be wary of the attorney who tells you that you have a “slam dunk” case or who promises you a pile of money after you have just told him what happened Law schools don’t hand out crystal balls with their law degrees, and no lawyer can predict how every case will end. Go with experience, go with a lawyer who has tried cases, is not afraid to try cases and knows the positives and the negatives of putting your case in the hands of a jury.

To see a sample of Pierce & Thornton’s recent successes in settlements and trials, click here.

Posted by Jonathan L. Thornton | Permalink | Email This Post

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The use of multiple pain and other prescription medications is leading to deadly results for patients. A recent study indicates that there has been a 700% increase in the number of at-home deaths caused by medication overdoses or errors. The age group most affected were baby boomers in their 40s and 50s. The authors of the study attribute the increase to the combination of medical supervision decreasing while the use of prescription painkillers and other powerful medications -- many of which used to be available only in the hospital setting-- have increased exponentially over the past two decades. Multiple prescription drugs taken at once -- like the sleeping pills, painkillers and anxiety drugs that killed “Dark Knight” star Heath Ledger -- also play a part.

Abuse of prescription drugs plays a role, but the study did not conclude how much. Valid prescriptions taken in error, especially narcotics such as methadone and oxycodone, were reported to account for a growing number of deaths, according to medical experts who reviewed the study. Another interesting finding was the number of people who loan or give their prescription to others -- about 25% have done so -- according to the research. Some advocate more education about the dangers of combining certain drugs with other medications (for example, with alcohol) while others believe that these numbers bring home the message that as a society we have become “drug happy” with the notion that medicines can fix everything.

Pierce & Thornton’s lawyers have represented patients and their family members who have sustained serious injury or death from medication errors.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Medical Malpractice

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A recent government watchdog organization’s report estimates that approximately 563,000 commercial drivers (about 4% of commercial license holders nationwide) have medical conditions that would qualify them for full disability benefits. The medical disabilities include impaired vision, hearing, seizures, heart attacks, sleep disorders, or periods of unconsciousness that could lead to deadly crashes if they occur while drivers are behind the wheel. These statistics are alarming, especially in light of a federal study that reported last summer that the leading causes of serious crashes involving tractor trailer and other big trucks were drivers falling asleep, blacking out or collapsing while operating their vehicles. In 2006, over 5,000 people died in wrecks involving large commercial vehicles, and over 125,000 people were injured in such crashes. Despite these numbers, the agency primarily responsible for regulating the trucking industry, the Federal Motor Carrier Safety Administration, reports that it has not completed eight recommendations that U.S. safety regulators proposed back in 2001. One of the key standards proposed was to set a minimum standard for officials who decide whether a trucker is medically safe to operate a truck. Another standard not yet adopted is a provision prohibiting truckers from doctor-shopping until they find a doctor willing to certify that they are fit to drive. These are eye-opening facts to consider when driving down the interstate at night with eighteen wheelers in front and back of your car.

The attorneys at Pierce & Thornton have experience and expertise in representing families of those seriously injured or killed by the negligence of truck drivers. Please call us if you or your family needs the help of one of our truck accident attorneys.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Trucking Accident

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In Virginia Beach and across Hampton Roads, summer is synonymous with going to the beach or pool and catching rays. However, the dangers associated with unprotected sun exposure have been once again highlighted by a government cancer study released yesterday. The study from the National Cancer Institute found that the rate of new melanoma cases in younger women (15 to 39 years of age) has jumped 50% since 1980, while the incidence among males has stayed relatively stable. Sunbed tanning and more exposure to natural sunlight are cited as possible reasons for the dramatic increase in melanoma among younger women. Each year, approximately 62,000 melanomas are diagnosed in the U.S., and approximately 8,300 people die from the disease annually.

Melanoma is a highly aggressive and the most fatal form of skin cancer if not diagnosed and treated before it spreads beyond its primary location in the skin. If diagnosed while it is still a “thin” (less than 1mm thick lesion), the outcome is favorable, as approximately 90% of melanoma patients are cured. The government’s new numbers about the surge in melanoma cases should make everyone think twice about sunbathing or using a tanning bed without adequate sunscreen or other skin protection.

Pierce & Thornton has extensive experience in representing patients and their families in cases where they have suffered the consequences of melanoma or other cancer not being timely diagnosed by their physician. We have worked with top melanoma experts from across the United States who diagnose and treat melanoma and have gone to trial to seek compensation for those who have lost a loved one due to negligent medical treatment. If you, any family member or friend have any questions about melanoma or other types of cancer that may not have been diagnosed when it should have been, call us for a free consultation.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Medical Malpractice

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A jury recently awarded nearly $20 million to a child and his parents. The medical negligence did not occur in Virginia, but in New York. The child was born in 1998 with cerebral palsy after an oxygen-deprived delivery which resulted in the child being born lifeless. The doctor who delivered the child yanked at his head with forceps for over 20 minutes during the delivery and then another doctor inserted a breathing tub into the baby’s esophagus, rather than into his windpipe. As a result the baby had oxygen pumped into his stomach rather than his lungs, which further delayed the child’s resuscitation. Also, the mother sustained severe injuries during the delivery that required five surgical repairs to her vaginal area and rectum.

Had this egregious care with its horrific consequences occurred in Virginia, the maximum amount recoverable by this family would have been $1.5 million. No matter how egregious the care, or much long term care this child required at whatever cost, or how great the medical bills for the mother’s surgeries post-delivery, more than ten times LESS money would have been the maximum they could have recovered in Virginia. It is precisely this type of case which underscores the unfairness and harsh consequences of the medical malpractice cap for those most seriously injured by medical negligence in Virginia.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Birth Injury

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