Virginia Injury Law Blog

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.

Posted by Anthony Gantous | Permalink | Email This Post

Posted In: Birth Injury , Federal Tort Claims Act , Medical Malpractice , Personal Injury , Wrongful Death

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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.

Posted by Anthony Gantous | Permalink | Email This Post

Posted In: Federal Tort Claims Act , Medical Malpractice , Personal Injury , Wrongful Death

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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.

Posted by Anthony Gantous | Permalink | Email This Post

Posted In: Personal Injury

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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.

Continue reading "Settlement of Virginia Beach Personal Injury Claims Deemed Insufficient" »

Posted by Anthony Gantous | Permalink | Email This Post

Posted In: Personal Injury

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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.

Continue reading "Automobile Accidents in Virginia Caused By Texting" »

Posted by David J. Pierce | Permalink | Email This Post

Posted In: Personal Injury

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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.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Personal Injury

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The danger of children being trapped by defective drain suction remains a problem for about 80% of the nation’s public pools. In 2007, Congress passed legislation requiring safe drain compliance within one year. The National Swimming Pool Foundation reports that approximately 240,000 pools across the nation will fail to comply with the new federal standard before the deadline. This issue, despite litigation against product manufacturers and the enactment of federal legislation, remains a significant risk for our children.

Call Pierce & Thornton if you or a loved one has been affected by this issue.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Personal Injury

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You feel like you have an open and shut Virginia personal injury claim where you or your family member has been seriously injured by a negligent driver. The negligence is clear; the injuries are undisputed. A settlement offer is made, but you think the case is worth more money. You and your lawyer decide to take the case to trial because you can get more money at trial, right?

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.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Personal Injury

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Anyone who drives on Route 264 in Virginia Beach and Norfolk knows about the prevalence of motorcycles, many of them sport bikes operated by young Navy personnel. Some sport bike models can reach a top speed of 200 mph. Motorcycle accidents, not surprisingly, almost always result in serious injury or death to the motorcyclist when an automobile or truck is involved in the collision.

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.

Continue reading "Navy Seeks to Reduce Virginia Motorcycle Accidents and Fatalities with Training Program" »

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Personal Injury

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A Norfolk bicyclist riding along East Little Creek Road died from injuries he sustained when a car struck him last week. No charges have yet been filed against the driver, but the investigation is ongoing. Bicycle and motorcycle accidents are all too common in Hampton Roads, where our highways and secondary roads are extremely congested, particularly in Virginia Beach during the tourist season.

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.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Personal Injury

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A Norfolk jury recently awarded a woman who slipped and fell in a grocery store $1.25 million dollars when she slipped in water that had collected near a freezer. She suffered a disk injury in her spine requiring surgery.

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.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Personal Injury

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