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.

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.

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.

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.

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.

Since October of last year, 32 sailors and Marines worldwide have died on motorcycles. Thirty of those killed were riding sport bikes. In 2006, about 2/3 of Navy motorcycle deaths and nearly 80% of Marine motorcycle deaths were on sport bikes. The Navy is seeking to reduce the number of motorcycle accidents with its institution of a new program with the Motorcycle Safety Foundation.

A recent study published by the National Highway Traffic Safety Administration reports that more than two-thirds of young drivers and passengers killed in nighttime car crashes were not wearing seatbelts. Although seatbelt use nationally has risen to an average of 81% (with 12 states having seatbelt usage of 90% or better), almost 7 out of 10 young people killed in car crashes in 2006 were unbuckled. With Memorial Day weekend here, police and public safety groups are launching a national campaign to increase seatbelt usage over the holiday weekend. Young drivers already bring a dangerous combination of inexperience and fearlessness to the highway, and not wearing a seatbelt only adds to the likelihood of serious injury or death when an accident occurs. Add in the final element of alcohol, which is common in fatal crashes involving drivers under age 30, and one readily understands why young motorists are at greater risk than older drivers. All Virginians should buckle up this weekend and make sure that our children and their friends use their seatbelts as well.

The Supreme Court of Virginia recently ruled that the Foundation that employs the doctors (the University of Virginia Foundation) followed the model of a profitable commercial business and was not a charitable institution and therefore was not immune from suit under the charitable immunity doctrine. The charitable immunity doctrine had previously prevented medical negligence suits from being pursued against the University of Virginia Foundation.

The medical malpractice cap in Virginia imposes its harshest consequences on children and families who are devastated by a birth injury. The settlement with UVA, although in excess of $1.3 million dollars will pay only a small portion of the $9 million dollars in life-long care that this child will need. Pierce & Thornton has experience in medical negligence cases involving injured children. If you or a family member has a child who suffered a birth injury, call Pierce & Thornton for assistance.

In Virginia, punitive damages can be awarded to punish a defendant for conduct that is so reckless or negligent that it amounts to a conscious disregard of the rights (or safety) of others. But no matter how reckless or indifferent a company’s or individual’s actions are, punitive damages in Virginia are capped at $350,000. In other words, the trucking company defending the same lawsuit mentioned above in Virginia would not have had the same concern about punitive damages that they had in the Missouri court. Placing a cap on punitive damages’ awards strips a jury of the ability to condemn and punish outrageous behavior by a defendant that causes death or serious harm to an individual or his family. $350,000 in punitive damages to a large corporation does not send much of a message about the need to hire better drivers or engage in safer practices.

Medical negligence committed by the government against a military dependent, however, can be pursued. Under the Federal Tort Claims Act (FTCA), a dependent of an active duty military member who is injured or dies as a result of medical negligence 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 an FTCA case must be filed.

Last year in Virginia, there were over 130 bicycle and motorcycle fatalities. Were all of the fatalities and injuries to bicyclists and motorcyclists due to careless automobile and truck drivers? Of course not. However, there is a tendency of drivers to not always see or pay attention to bicycles and motorcycles on the roadway. The most common causes of bike and motorcycle crashes are pulling out in front of an oncoming cyclist, running a stop sign or not yielding the right of way to cyclists. Not surprisingly, the majority of motorcycle and bicycle wrecks occur at intersections.

Despite the growing popularity of Harley-Davidson, jury research indicates that jurors still have bias against motorcycle riders versus drivers of cars or SUVs. Perhaps it stems from the way motorcycles sound, the way that some motorcyclists drive or the number of “near misses” experienced by drivers who encounter motorcyclists and bicyclists. Overcoming the bias against bicycle and motorcycle riders is critical to winning a personal injury case involving a cyclist. At Pierce & Thornton, we have handled cases involving serious bicycle and motorcycle injuries and fatalities. If you or a loved one has been injured while driving or riding as a passenger on a motorcycle or bicycle, call one of the attorneys at Pierce & Thornton for help.

The Brain Injury Association of America reports that at least 50,000 of those people die annually from their brain injury while another 80,000 have long-term disabilities with which to contend. The medical cause, diagnosis and treatment of brain injury is a specialized area of medicine, and it is important for the patient to receive necessary neuropsychological testing and training to minimize, if possible, the effects of the brain injury.

Common symptoms of a traumatic brain injury include loss of memory, change in personality, blurred vision, ringing in the ears, severe headache, dizziness, nausea and vomiting. Often times, these symptoms are misdiagnosed as post-concussion syndrome, when, in fact, the injury is much more significant and long-lasting.

Slip and fall cases can be difficult to win under Virginia law. The injured party must prove that a dangerous condition existed on the premises that the owner either knew about (this is called “actual” notice) or should have known about with the exercise of reasonable care. If the premises owner actually created the dangerous condition, then it will be deemed to have actually known about the problem. However, in most premises injury cases, the plaintiff has to show that the condition existed for such a period of time (or had been complained about previously) that the owner should have corrected it. At Pierce & Thornton, our attorneys have successfully handled cases involving injuries caused by hazards or defects on a business premises. We can assist in investigating and preparing your claim if you call us.