Virginia Injury Law Blog

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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