Virginia Injury Law Blog

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

Tue, 22 Dec 2009 10:06:07 -0500

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

Thu, 17 Dec 2009 16:17:33 -0500

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

Thu, 05 Nov 2009 15:19:37 -0500

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

Fri, 30 Oct 2009 17:14:12 -0500

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

Fri, 23 Oct 2009 15:21:30 -0500

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

Mon, 19 Oct 2009 15:12:58 -0500

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.

Abuse Investigated at Virginia Nursing Home

Mon, 10 Aug 2009 10:00:00 -0500

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.

Automobile Accidents in Virginia Caused By Texting

Tue, 04 Aug 2009 14:06:03 -0500

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.

Virginia Nursing Home Abuse Investigated

Mon, 03 Aug 2009 17:05:27 -0500

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.

Melanoma Linked to Tanning Bed Use

Thu, 30 Jul 2009 15:50:25 -0500

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.

Workplace Dangers Pose Threat to American Workers

Fri, 10 Jul 2009 10:53:22 -0500

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.

Virginia Infant Death Spurs Fight for Medical Reform

Mon, 16 Mar 2009 16:43:27 -0500

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.

Medication Error Verdict Upheld

Tue, 10 Mar 2009 14:31:19 -0500

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.

How to Avoid Death After Hospital Discharge on Weekend

Fri, 23 Jan 2009 08:45:31 -0500

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.

Health Insurer Accused of Overcharging Millions of Patients

Fri, 16 Jan 2009 01:15:00 -0500

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.