Virginia Injury Law Blog

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.

Posted by Anthony Gantous | Permalink | Email This Post

Posted In: Auto Accident , Brain Injury , Drunk Driving Accident , Personal Injury , Trucking Accident , Wrongful Death

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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.

Posted by Anthony Gantous | Permalink | Email This Post

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

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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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On Friday, November 14, 2008, after deliberating for approximately six hours following five days of testimony, a Rockville, Maryland, jury found Dr. Michael Albert, formerly with the dermatology practice of Norman A. Lockshin, M.D., P.A., liable for attorney Richard Semsker’s death from malignant melanoma and awarded damages to the patient’s family in the amount of $5.8 million. Melanoma is a cancer of the cells that produce melanin, the pigment that colors the skin. According to the American Cancer Society, about 62,000 Americans are diagnosed each year with melanoma and about 8,000 die from the disease.

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.

Continue reading "Failure to Diagnose Skin Cancer/$5.8 Million Verdict in Wrongful Death Case" »

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

Posted In: Wrongful Death

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Although a recent tractor trailer crash that killed three women occurred outside of Virginia, the case raises interesting issues regarding punitive damages. A Missouri jury found a truck driver negligent in rear-ending a line of stopped traffic, but while the jury was considering whether to award punitive damages, the trucking company settled the case with the families of the women who died in the crash.

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.

Continue reading "Trucking Company Settles Wrongful Death Case" »

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

Posted In: Trucking Accident , Wrongful Death

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