Virginia Injury Law Blog

Virginia Jury Returns $2.5 Million Verdict in Medical Malpractice Case

2010-06-30T15:05:55Z

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.

Skin Cancer Detection & Prevention

2010-05-01T05:00:02Z

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.

]]> May 1 marks the beginning of skin cancer detection and prevention month. In Hampton Roads, with our many beaches and even many more tanning salons, it is critical to get yourself and loved ones checked for skin cancer. Checking and monitoring the ABCDEs of your skin are equally important.

A stands for the asymmetry of any moles on your skin.
B means checking the borders of any moles for irregularities.
C is the color of the mole and
D is the diameter.
E, perhaps the most important letter of all, means to keep track of the Evolution (or changes) in any moles or spots on your skin.

Melanoma is a very aggressive skin cancer, but it is virtually 100% curable if it is diagnosed before it has spread beyond your skin. Pierce & Thornton has worked with some of the top melanoma experts in the country in representing clients who have been misdiagnosed in cancer cases. If you believe that you, a family member or friend may have been misdiagnosed by a doctor or hospital, call one of our attorneys today.

Hampton Roads Has Highest Auto Accident Rate in Virginia

2010-04-29T16:09:08Z

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.

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

2010-04-15T16:44:48Z

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.

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

2009-12-22T15:06:07Z

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.

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

2009-12-17T21:17:33Z

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.

Medical Malpractice Rampant at Veterans Affairs Hospital

2009-11-05T20:19:37Z

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.

Rough Year for Dog Bites in Virginia

2009-10-30T22:14:12Z

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.

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

2009-10-23T20:21:30Z

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.

Settlement of Virginia Beach Personal Injury Claims Deemed Insufficient

2009-10-19T20:12:58Z

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.

]]> The $375,000 settlement was recently reached after it was determined that the property owners had just $300,000 of liability insurance and could personally contribute only $75,000 without having to file for bankruptcy. The Virginia Beach Circuit Court Judge presiding over the case, Judge William R. O’Brien, said that he was frustrated by the amount of the settlement. “No matter what they put on here, it wouldn’t be enough,” the judge said during a court hearing concerning how the collapse affected each plaintiff’s life. “These are horrendous injuries that are going to have a tremendous impact on the rest of their lives.”

In lieu of being fully compensated for their injuries, the attorney for the plaintiffs and at least one of the plaintiffs plan to lobby the Virginia Beach City Council to pass legislation forcing owners of resort rental properties to hold higher liability coverage. “They didn’t commit a crime,” the plaintiffs’ attorney said of the property owners. “They just happened to be very irresponsible in having only $300,000 in liability coverage.”

Owners of rental properties and businesses in Hampton Roads are required to maintain their premises in a reasonably safe condition and to warn of all dangerous conditions of which they are aware or reasonably should be aware. If you have been injured as a result of an owner’s failure to properly maintain his or her premises, contact the attorneys of Pierce & Thornton law firm. We will advise you of your rights and tell you if you have a premises liability claim.

Abuse Investigated at Virginia Nursing Home

2009-08-10T15:00:00Z

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.

]]> When a nursing home resident is abused or neglected, in addition to criminal charges being brought against the employee of the nursing home, a civil lawsuit may be brought against the individual and the nursing home itself seeking to recover money damages for the injuries to the resident. If the resident dies, the family members may assert a wrongful death lawsuit against the employee and the nursing home to recover monetary and emotional losses.

If you have questions regarding injuries to a nursing home resident, call one of our attorneys at Pierce & Thornton for a free consultation.

Automobile Accidents in Virginia Caused By Texting

2009-08-04T19:06:03Z

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.

]]> If you are involved in an automobile accident while using your cell phone, you should be prepared for the driver you hit to file a lawsuit claiming that you failed to pay proper attention to your driving, thus negligently causing the accident. Juries are often angered by this type of conduct and will render large monetary awards to the injured driver. Juries have even awarded punitive damages, finding that texting while driving is intentional conduct which shows a conscious disregard for the rights of other people on the road. The consequences of texting while driving may be deadly. If you have been injured in an automobile accident as a result of someone else’s negligence, call the lawyers at Pierce & Thornton for a free consultation.

Virginia Nursing Home Abuse Investigated

2009-08-03T22:05:27Z

A Virginia nursing home and rehabilitation center is the focus of an investigation by the Galax County Police Department, according to a local news agency. Two nursing home employees have been dismissed from employment at the nursing home under investigation. Nursing home abuse and neglect was also recently brought to light here in Tidewater when a malpractice case was settled against a nursing home whose employee had repeatedly sexually abused a patient.

]]> These two cases paint a disturbing picture of what can and does happen to our elderly and most helpless patients in nursing homes. Often, the patient is unable to communicate effectively and report the neglect or abuse. The abuse continues until someone steps forward to report it and legal action is necessary to prevent it from happening to someone else. At Pierce & Thornton, we have handled cases of nursing home neglect and abuse. If you or anyone you know has a family member who has been neglected or abused in a long-term care facility, please contact one of our lawyers for a free consultation.

Melanoma Linked to Tanning Bed Use

2009-07-30T20:50:25Z

In Hampton Roads, it is not unusual to see patrons walking in and out of the many tanning salons along the Virginia Beach oceanfront, as well as salons in Chesapeake, Norfolk, and Newport News. As good as one may look and feel with a suntan, the risks of developing melanoma, the deadliest form of skin cancer, are extremely high. Pierce & Thornton has successfully represented in Court the families of clients whose physicians failed to diagnose melanoma, leading to the clients’ deaths.

]]> A recent study released by the International Agency for Research on Cancer concludes that using a tanning bed before age 30 increases the risk of developing melanoma by 75%. The ultraviolet rays emitted by tanning beds were once deemed to “probably” cause cancer; they are now included in the “most dangerous” category of carcinogens, along with plutonium and radium, according to the IARC study.

In 2009, the American Cancer Society estimates that 68,720 new cases of melanoma will be diagnosed and 8,650 patients will die from it. The incidence of melanoma has increased dramatically in the past two decades. So, before heading out for a tanning session, it would be wise to consider the long-term consequences of using the “electric beach”.

Workplace Dangers Pose Threat to American Workers

2009-07-10T15:53:22Z

Serious injury and death occur in the workplace at an average rate of 15 times a day nationally, according to a recent study by the Occupational Safety and Health Administration. Serious safety violations increased 12% from 2003 through 2007, while the average fine against employers for deadly workplace violations averaged only $11,300. Even in the most serious cases, employers rarely face criminal prosecution. The lack of significant monetary penalty serves little deterrent to employers to provide a safe workplace for their employees. Under Virginia law, a worker injured in the course and scope of his employment can’t sue his employer unless the employer willfully placed him in harm’s way. However, if a third-party or “stranger” to the workplace causes the injury or death, a Virginia employee has the right to bring a lawsuit for injuries incurred.

If you have questions regarding a significant injury at work, call one of the attorneys at Pierce & Thornton.