Virginia Injury Law Blog

Two personal injury claims, both of which involved automobile accidents, were recently settled by the attorneys of Pierce & Thornton. The first accident involved our client being struck from behind while traveling north on Independence Blvd. in Virginia Beach, Virginia. The impact from the accident was severe enough to cause the driver’s airbags to deploy, and resulted in serious personal injuries, including a broken nose, and neck and back injuries. The second car accident also occurred in Virginia Beach and also involved a rear-end collision. As a result of this accident, our client was forced to undergo extensive physical therapy for over a year to be relieved of the pain associated with the injuries from this automobile collision. As part of each settlement, the amount paid by the defendants’ insurance companies is to remain confidential.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious auto, truck or motorcycle accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. The lawyers at Pierce & Thornton have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. 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 free consultation with one of our auto, truck or motorcycle accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

The Virginian-Pilot recently reported that a bicyclist died in the Hampton Roads area after being hit by a van while riding down Northampton Blvd. near the border between Virginia Beach and Norfolk. According to the Norfolk Police, the bicyclist was struck at approximately 12:25 p.m., and was unfortunately pronounced dead at the scene. In a similar story, the Richmond Times-Dispatch also reported on a bicyclist being fatally struck in Richmond by an SUV. Initially, the driver of the SUV fled the scene, but later came forward and admitted being the driver who hit the bicyclist. According to the driver, he unintentionally collided with the bicyclist while driving down a stretch of road that did not have a bicycle lane, was narrow and lined with heavy vegetation.

While the articles did not report the exact causes of the accidents or determine who was at fault, many bicycle accidents, injuries and fatalities are caused by the inattention of the drivers of cars, buses and trucks. Often times, even if the investigating officer cannot determine who caused the accident, a more thorough investigation conducted by a specialist trained in accident reconstruction can properly assign fault and allow the proper party to be compensated for his or her injuries.

If you or a loved one has been involved in a serious bicycle, motorcycle, auto or truck accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other 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 free consultation with one of our bicycle, motorcycle, auto or truck accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

The Virginian-Pilot recently reported that a 19-year-old man died in the Hampton Roads area when his motorcycle collided with a car on Interstate 64. According to the Virginia State Police, the man riding the motorcycle came into contact with a Jeep Cherokee and lost control, ran off the road, hit a guardrail and flew off the motorcycle. Unfortunately, the motorcyclist died at the scene.

While the article did not report the exact cause of the accident or determine who was at fault, many motorcycle accidents, injuries and fatalities are caused by the inattention of the drivers of cars, buses and trucks. Often times, even if the investigating officer cannot determine who caused the accident, a more thorough investigation conducted by a specialist trained in accident reconstruction can properly assign fault and allow the proper party to be compensated for his or her injuries.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious motorcycle, auto or truck accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other 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 free consultation with one of our motorcycle, auto or truck accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

A recent article in The Wall Street Journal reported that medical mistakes kill enough people each week to fill four jumbo jets. The story reported that: (1) U.S. surgeons operate on the wrong body part as often as 40 times a week; (2) about a quarter of all hospitalized patients will be harmed by medical errors; (3) if medical mistakes were classified as a disease, they would be the sixth leading cause of death in America; (4) medical mistakes cost tens of billions of dollars per year; and (5) medical errors often result in expensive and unnecessary medications, tests, and procedures. The article contended that a major cause of these problems is that doctors are far too willing to overlook the mistakes and errors of other doctors. The article went on to state that best way to help fight against this dangerous situation is for patients to demand more accountability of doctors and hospitals and for patients themselves to be better informed. Some practical steps suggested were for hospitals to publicly report their rates of infection, readmission, surgical complications, and medical errors so that patients can be better informed about which hospitals are safest. Other suggestions included encouraging nurses and other staff members to speak up when they notice a potential problem; using cameras in the operating room to better assess whether procedures are being done correctly; and having a more open dialogue about medical mistakes.

It is interesting to note that the number of autopsies being performed to determine the true cause of a patient’s death have declined drastically in the last ten years, thus making it more difficult to prove that a healthcare provider’s mistake caused the death. If you question the true cause of someone’s death, you should insist upon the performance of a complete autopsy. If the hospital or physician refuses, you have the right to have one performed at your own expense. The “cause of death” listed on a death certificate seldom even begins to shed light upon the true course of events that led to the death. You have a right to know the truth.

The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout North Carolina and Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of combined experience in litigating all types of medical malpractice cases. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend. If we can help you, we will. Your consultation is free.

A 56-year-old-man from Newport News, Virginia was recently arrested after causing several automobile accidents while travelling the wrong way on Interstate 664 in Suffolk, Virginia. Prior to his arrest, two Virginia State Police Troopers tried several times to stop and block the driver, but rather than stop, the driver struck the Virginia State Police cars, as well as several other automobiles, causing injuries. The Virginia Troopers eventually stopped the driver’s vehicle at Jefferson Avenue and Dresden Drive in Newport News, Virginia. The driver was charged with driving under the influence, reckless driving, eluding, damage to property and felony hit and run.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious truck, auto or motorcycle accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. The lawyers at Pierce & Thornton have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. 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 free consultation with one of our truck, auto or motorcycle accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia and North Carolina, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

A Virginia jury recently returned a verdict in favor of the family of an 89-year-old woman who was killed in an automobile crash after her car was struck by the defendant’s car as she was proceeding through an intersection on a green light. The defendant, a 90-year-old woman, was traveling in the opposite direction and failed to yield prior to making a left turn immediately in front of the decedent’s car, which caused the vehicles to collide. Although the defendant pled guilty to failure to pay full time and attention, the case was tried to a jury on the issue of damages. After hearing testimony that the decedent suffered a brain hemorrhage from the accident that led to her death approximately 30 days later, the jury returned a verdict in favor of the family of the decedent, who was an active, relatively healthy woman who lived alone.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious truck, auto or motorcycle accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. The lawyers at Pierce & Thornton have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. 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 free consultation with one of our truck, auto or motorcycle accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia and North Carolina, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

A Virginia jury recently returned a verdict in favor of an 84-year-old nursing home patient who sustained an un-witnessed fall in her bedroom. The nursing home patient claimed the fall was caused by the nursing home’s failure to apply and monitor a fall alarm in her bed, which was required by the patient’s care plan. The evidence at trial showed that the plaintiff’s fall caused left arm and left femur fractures, which required surgery, and resulted in permanent injuries and loss of mobility. The defense claimed that a bed alarm was used and that it sounded just before the fall, but that the nursing home’s staff was unable to reach the patient before the fall. After deliberations, the jury returned a multi-million dollar verdict in favor of the patient.

The law firm of Pierce & Thornton has handled nursing home negligence cases throughout Virginia, including cases in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. We are also licensed to practice in North Carolina. The attorneys at Pierce & Thornton have tried, mediated and settled cases involving the incorrect administration or dosage of medication, falls, bed sores, decubitus ulcers resulting in respiratory arrests, myocardial infarctions, heart attacks, infections, brain damage, paralysis and wrongful death. We encourage you to contact our firm if you question the care rendered to you, a family member, or friend at a nursing, assisted living, rehabilitation therapy or hospice facility. If we can help you, we will. Your consultation is free.

The plaintiff’s decedent, age 40, suffered a fracture of his tibia after being struck by a tree. He was evaluated in an emergency department, diagnosed with a fracture and referred to an orthopedist. Over the course of the next several days he experienced chest pain, coughing and shortness of breath and consulted with his PCP who arrived at a presumptive diagnosis of pneumonia and admitted him to the hospital for observation and treatment.

On the second day of his hospital admission a venous Doppler study revealed a deep venous thrombosis in his lower extremity. He was placed on anticoagulation therapy. Lab work revealed compromised kidney function thus a CT of the chest with contrast, which could definitively diagnose pulmonary emboli, was contraindicated. The decedent’s overall medical condition continued to worsen and his physicians continued to work under the presumptive diagnosis of pneumonia.

On the fourth day of admission, the decision was made to perform an open lung biopsy to diagnose the source of the decedent’s continued decline. Heparin therapy was stopped in an anticipation of the surgery. On the day of the scheduled surgery, it was determined that decedent needed to undergo dialysis. The surgery was postponed until the following day. The Heparin was not restarted and the decedent suffered a pulmonary embolus prior to the performance of the surgery the next morning, resulting in his death.

Plaintiff contended that the presumptive diagnosis of pneumonia was wrong and that decedent was showering premonitory pulmonary emboli which ultimately culminated in the fatal pulmonary embolus. Plaintiff further contended that studies should have been performed to rule out pulmonary emboli prior to stopping the Heparin and that the open lung biopsy should not have been ordered. Additionally, the Heparin should have been resumed when the surgery was postponed.

Defendants contended that there was no evidence to suggest the existence of premonitory pulmonary emboli either clinically during the decedent’s hospitalization or based upon autopsy findings and that decedent was, in fact, suffering from pneumonia and progressive multi system organ failure and that he was going to die without the PE. Defendants further contended that it was unlikely that the PE originated from the previously diagnosed DVT in the lower extremity and that, in fact, it originated at the site of the placement of the dialysis catheter which was necessary to stabilize him for surgery. Defendants further contended that no one could say that the PE would not have occurred if the Heparin had been restarted.

Beneficiaries were decedent’s wife and three adult children. The case settled for $1,700,000. The law firm of Pierce & Thornton retained two critical care pulmonologists, a thoracic surgeon, a general surgeon, a forensic pathologist and a PhD economist to prove their client’s case.

Decedent, age 49 at the time of his death, underwent an arthroscopy with synovectomy operative procedure on his left knee in 2006. Eight days post-op defendant orthopedic surgeon diagnosed decedent with an acute deep venous thrombosis involving the gastrocnemius veins of the left lower extremity. He prescribed Lovenox and Coumadin to prevent the further development of DVT and a potentially fatal pulmonary embolus. Decedent remained on anticoagulation therapy for three months with no complications.

In 2008 the same surgeon performed an arthroscopy with an anterior cruciate ligament reconstruction with hamstring autograft operative procedure on the decedent’s same knee. He was not placed on anticoagulation prophylaxis following the surgery. Six days post-op he acutely developed difficulty breathing with choking, chest pain and syncope. After initially recovering, while being transported to the hospital he stopped breathing and was noted to be with pulseless electrical activity. He was pronounced dead shortly after arrival at the hospital.

Plaintiff’s experts opined that decedent was at a higher than standard risk for a potentially fatal PE given his demonstrated history of DVT following the first surgery. They further opined that the second surgery was longer, involved more blood loss, a longer tourniquet time, decedent was two years older, heavier and less ambulatory; all further increasing the risk for clotting. Given all of the above, plaintiff contended that the defendant was negligent in failing to advise the decedent that he was at an increased risk for the development of DVT and PE and further negligent in failing to place him on prophylactic anticoagulation.

No autopsy was performed. Plaintiff contended that the decedent’s clinical course, prior history and terminal ECG’s were most consistent with a pulmonary embolus. The cardiac monitor strips performed on the day of death were consistent with a pulmonary embolus as the cause of a respiratory arrest and inconsistent with a myocardial infarction. The lack of pulmonary edema further supported a pulmonary embolism rather than a myocardial infarction.

Defendant’s expert orthopedic surgeon testified that the standard of care did not require the defendant to place the decedent on prophylactic chemical anticoagulation following the second surgery. He further opined that there were no definitive studies to demonstrate a reduced risk of fatal pulmonary embolism in outpatient orthopedic procedures with chemical prophylaxis/anticoagulation nor were there any guidelines published from the American Association of Orthopedic Surgeons recommending prophylactic anticoagulation in patients having undergone the decedent’s type of arthroscopic procedure. Defendant contended that there was simply no consensus in orthopedic practice on the use of chemical prophylaxis in outpatient orthopedic patients.

Defendant further contended that it was speculation to conclude that the decedent’s cause of death was a pulmonary embolism. Defendant’s cardiology expert testified that the decedent’s prior EKG’s demonstrated a history of a prior myocardial infarction and that his rhythm strip on the day of his death was consistent with a myocardial infarction rather than a pulmonary embolism. He further testified that he saw no clinical signs or symptoms consistent with a pulmonary embolism.

Beneficiaries were decedent’s wife and four adult children. The law firm of Pierce & Thornton retained two orthopedic surgeons, two cardiologists, two hematologists, a forensic pathologist, a pulmonary critical care specialist and a PhD economist to prove their client’s case. The case settled two weeks prior to trial and after the completion of all experts’ depositions for $1,700,000.

Virginia residents should be aware that a recent study by the U.S. Department of Health and Human Services covering the 15 percent of the U.S. population enrolled in Medicare found that each month one out of seven Medicare hospital patients is injured—and an estimated 15,000 are killed—by harmful medical practice. Moreover, treating the consequences of these medical errors cost Medicare approximately $324 million a month, which amounts to 3.5 percent of all Medicare expenditures for inpatient care. Another recent study looked at the incidence of avoidable medical errors across the entire U.S. population and concluded that they affected 1.5 million people and cost the economy $19.5 billion in 2008. The Centers for Disease Control and Prevention has estimated that almost 100,000 Americans now die from hospital-acquired infections alone, most of which are preventable.

These recent studies are in addition to the landmark study conducted over twelve years ago by the Institute of Medicine showing that medical errors in U.S. hospitals kill up to 98,000 Americans a year. In 2000, another estimate in the Journal of the American Medical Association put the total annual death toll at 250,000. It included fatalities resulting from unnecessary surgery, hospital-acquired infections, and other instances of harmful medical practice.

The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout North Carolina and Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of combined experience in litigating all types of medical malpractice cases. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend. If we can help you, we will. Your consultation is free.

A jury in Charlottesville, Virginia recently awarded more than $10.5 million to the family of a woman who died after a concrete mixer truck fell on her car in 2007. The victims were a married couple from southwest Virginia who were travelling on State Route 53 when their car was crushed by a truck owned and operated by Allied Concrete Company. The wife, who was 25 years old at the time, died eight days after the accident. Her husband survived. The driver of the truck later pleaded guilty to manslaughter and served 30 days in jail.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious truck, auto or motorcycle accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. The lawyers at Pierce & Thornton have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. 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 free consultation with one of our truck, auto or motorcycle accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia and North Carolina, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

According to a news reports, the federal government will pay $2.3 million to settle a medical malpractice lawsuit involving a Virginia child born with neurological damage at Portsmouth Naval Medical Center. The parents of the child alleged that inadequate care at the hospital caused their child to be born with developmental disabilities. Specifically, the lawsuit alleged that when the mother was admitted to Portsmouth Naval Hospital with severe cramping in her lower abdomen at 35 weeks pregnant, she was moved to a triage room and connected to a fetal heart monitor that showed abnormalities indicating the fetus was under stress. Instead of notifying a doctor, the staff left her for more than an hour without any intervention. Approximately 2-1/2 hours after she was admitted, doctors performed an emergency cesarean section that showed the placenta had detached from the uterine wall, causing a loss of oxygen to the fetus that led to neurological injuries that are extensive, severe. Unfortunately, the damage to the infant’s brain is permanent.

The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout North Carolina and Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of combined experience in litigating all types of medical malpractice cases, including those against physicians and nurses employed by the federal government. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend. If we can help you, we will. Your consultation is free.