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Norfolk marina fire damages and destroys multiple boats

Wednesday, April 28th, 2010

Early this morning, an unfortunate blaze sank three boats and damaged multiple others reported The Virginia Pilot, via hamptonroads.com.

The fire occurred at Vinings Landing Marina, which is on the popular road – Shore Drive.  The season is beginning to turn into “tourist time,” and so incidents like these are heavily reported upon during the Summer and Spring months.  Shore drive contains numerous restaurants and other heavily visited attractions.

The fire was reported around 1 a.m., according to Norfolk Fire-Rescue spokesman, Battalion Chief Harry Worley.  According to Mr. Worley, not only were boats damaged; the dock surrounding the boats sustained damage as well.

Fortunately, the fire was contained by Norfolk firefighters with the assistance of Virginia Beach authorities and the Coast Guard.  According to the Pilot, by 2:50 am the fire was put out in its entirety.

Mr. Worley has indicated that the boats will be examined once extracted from the water.  As noted, three boats sank, and thus, it may take some time before any investigation returns results or updates to this story.  It is believed that the fire started on one of the boats that is now at the bottom of the marina.  As a result, the source of the fire – the primary element of the investigation/examination – will require some time and diligence.

Regarding potential environmental issues – the Coast Guard and firefighters at the scene reportedly were able to control the dissemination of pollutants, such as fuel leakage in the water, by implementing “special absorbent pads.”

If any noteworthy or newsworthy developments ensue, check back with our blog frequently and you will be provided with the most current updates.

Below, is a map courtesy of Google Maps, which shows the exact location of the fire.

Water damage in Hampton turns into lawsuit regarding townhouse construction

Tuesday, April 20th, 2010

The Daily Press reported today that in the Hampton’s Cannonball Circle development, some homeowners are saying that the developer and warranty company should be responsible for water damage sustained by their homes.

One couple is reportedly alleging that their town home leaked water ever since they purchased it.  The couple filed a lawsuit for $200,000, and say that the water leakage was a problem for the entire three years they have spent in the home.

Hampton Circuit Court was where this couple filed the complaint.  In the complaint: the couple alleges that they were sold a “2-10 Home Buyers Warranty.” – that warranted the house to be free (for one year) of defects in workmanship, and that materials would be free from defects (for 10 years).  According to the couple, however, the house was leaking water during the very first week they moved in.

According to the complaint, as reported by the Daily Press, an agent of the defendant responded during the first week the couple complained of the leakage – but that did not stop the water from coming in the home during rainfall.

The situation worsened: it got to the point where the couple found a hump in the second floor system as well as cracks in concrete and holes in bricks.

The Daily Report excerpted a portion of the complaint: “[The Defendant] has failed to repair the property so as to bring the property in compliance with the Virginia Statewide Building Code. It will cost in excess of $200,000 to remedy the inadequate workmanship of Pace and the damages which resulted to the property.”

Virginia Beach Human Services in hot water amid data scandal

Tuesday, April 13th, 2010

The Virginia Beach Auditor’s office says eight human services workers have been either fired or disciplined within the last year for accessing personal confidential information of former employees, family members, and clients – according to HamptonRoads.com.  Alarmingly, according to the article, some of the employees were supervisors.

The majority of questionable activity involved the Financial Assistance Department within the agency.  That department is responsible for Medicaid assistance, food stamps, and emergency relief.  One calming aspect of this story is that there appears to be no reported violations of identity theft – a growing issue for the nation as a whole that can wreck havoc on a person’s credit rating.

Virginia Beach Human Services Director Robert Morin said the majority of violations occurred when employees utilized the state database to obtain information about a person they were familiar with.  Confidentiality is important to the integrity of any agency, and Morin told HamptonRoads.com, “We have a zero tolerance policy for [improper use of state databases/information].”

Among the alleged violations include fairly serious reports: one supervisor is alleged to have compelled her employees to obtain data about her spouse’s child.  In addition, HamptonRoads reports that one worker allegedly inquired into the Medicaid benefits of a deceased client for improper reasons.

The disturbing security infringements have prompted an audit and may begin as early as this month.  It is expected to entail a four month wide-ranging security analysis of the agency.  This is all according to city auditor, Lyndon Remias, who commented “We need to look at the magnitude of the problem. . .”

Reportedly, employees notified authorities through a fraud hotline.  The security breaches may not have been discovered if the reports were not called in, since detecting violations is not easy.  According to Virginia Beach officials, the database at issue handles over 200,000 “hits” a month.

CPSC offers guidance: completely remove defective drywall

Wednesday, April 7th, 2010

We recently reported on the issuance of a guidance release from federal authorities for homeowners affected by tainted Chinese drywall.  If you missed that article, you can review it here.  The release (from last Friday) can be viewed here.

Essentially, the guidance releases came from the Consumer Product Safety Commission (CPSC) and the U.S. Department and Urban Development (HUD) – two agencies at the forefront of addressing consumer remediation guidance.  We’ve also reported on legislative proposals that will aim to change policies in various aspects.

Our previous article primarily focused on HUD guidance and information dissemination; today’s article will focus on matters relevant or attributable to the CPSC.

In a joint release you may view here, the head of CPSC (Inez Tenenbaum) is quoted as referring to the guidance as evidence of a “clear path forward.”  She said, “We have shared with affected families that hydrogen sulfide is causing the corrosion.  Based on the scientific work to date, removing the problem drywall is the best solution currently available to homeowners.  Our scientific investigation now provides a strong foundation for Congress as they consider their policy options and explore relief for affected homeowners.”

The CPSC and other agencies have been involved in testing Chinese drywall samples for the presence of harmful compounds and continues to carry out such studies.  The federal agency has stated they will proceed to release scientific findings/studies as they become available.  One aspect that has surfaced thus far is that in the agency’s view, there is a relationship between some Chinese drywall and corrosion in appliances and household components.

For a detailed look at studies analyzing emission samples check out the CPSC staff report here.

Federal authorities provide guidance to Chinese drywall affected homeowners

Monday, April 5th, 2010

Homeowners affected by defective Chinese drywall recently received some direction and guidance to their ongoing struggles.  Many families are trying to move on with their lives, after the homes in which they have resided have been found to contain potentially dangerous drywall, which has been linked to corrosion and other problems. Interim remediation guidance was advanced by two major authorities that have played key roles throughout the Chinese drywall crisis.  The U.S. Department and Urban Development (HUD), and the Consumer Product Safety Commission (CPSC).

See the Public Affairs portion of the HUD website by following this link.

You may view the recent Executive Summary from the CPSC release here.

Scientific studies have been performed by various agencies including the CPSC and Environmental Protection Agency (EPA), as well as HUD.  The recommended protocol can be viewed here: Visit the Drywall Information Center Site.

Removal of the tainted drywall and various corroded household components is recommended due to the risk of cross-contamination.

The CPSC has, in the past, released guidance and educations to homeowners with an aim at helping people distinguish defective or possibly tainted drywall from non-defective wallboard.  The identification of suspect manufacturer markings has also been the subject of issued protocols.

Jon Gant, the Director of HUD’s Office of Health Homes and Lead Hazard Control stated, “This guidance, based on the CPSC’s ongoing scientific research, is critical to ensuring that homeowners and contractors have confidence that they are making the appropriate repairs to rid their homes of problem drywall.”  The release is regarded as the “latest step” and that the process to work with other entities and partners is very important – Mr. Gant even suggested “policy solutions based on. . . .  CPSC’s scientific findings” are around the corner.

There is a plethora of potential policy solutions implicated by the Chinese drywall crisis, ranging from home insurance policy legislation to legislation dealing with the business relationship between the U.S. and China – especially in the context of consumer goods.  Stay tuned as we continue to bring you the latest releases and updates.

Norfolk man pleads guilty to July drunk driving crash

Friday, April 2nd, 2010

The Virginia-Pilot reported today that a 21 year-old man pleaded guilty to two (2) counts of aggravated involuntary manslaughter on Thursday stemming from a horrific accident that took place in Norfolk over the summer.

Patricia O’Boyle, the prosecutor of this case, explained how alcohol was a factor. After the crash, she noted that the accused’s blood alcohol level was 0.18 and also that he had a suspended license.

The accident took place July 11th, at the intersection of Johnston’s Road and North Military Highway. Three people were injured in the crash when a red-light was ignored and a sedan was struck at an estimated 60 mph by the intoxicated driver. Two died as a result of the injuries they sustained, and although a third person in the struck vehicle did not die, he was “badly injured.”

Court records reveal that on the night of the accident, Jamison ran a red light and struck the victim’s vehicle. Two died at the scene, and an eyewitness to the crash estimated that the speed at the time of crash was 60 mph. The third victim was seriously injured – he was injured to the extent that medical professionals felt the need to induce a medical coma for 17 days. He is expected to recover, but has severe scarring on the body (hands, feet, and brain).

The Virginia-Pilot reports that the prosecution will call more witnesses for the sentencing hearing, which is scheduled for June 29. Mr. Jamison could face up to 40 years in prison, even though local prosecutors have chosen to forego pursing the charge of “maiming while driving under the influence.”

3 people rescued from Norfolk plane crash in Arabian Sea

Wednesday, March 31st, 2010

The Pilot Online reported today on an event that took place across the globe, but has local connections to Norfolk.  A Navy plane went down in the Arabian Sea, due to mechanical problems.  These problems led the pilot to notify air traffic controllers in the Arabian Sea, upon an aircraft carrier, that a crash landing was imminent; this occurred after a mission in Afghanistan.

A Navy plane, based out of Norfolk Virginia, crash-landed in the Arabian Sea.  At a point five hours following the accident, one more member of that plane is still being pursued by rescue crews.

The plane was a type used by the Navy for command, control, and surveillance purposes.  At the time of the accident, apparently the plane was on its way to the Dwight D. Eisenhower aircraft carrier returning from service.  The plane is specifically referred to as an E-2C Hawkeye, known for its high-tech radar device what looks like a “saucer.”  It has been in service since the 1970’s, but considered a safe model.

The Virginia Pilot also reported that a Navy Spokesman stated that the plane did in fact notify the controllers on the Eisenhower carrier that due to mechanical issues, a bail-out was necessary.  The plane then landed in the water, approximately five miles from the carrier.  As noted, three of the four have been rescued safely and are in good condition.

Crew members and rescuers continue to look for the fourth crew-member who may be still in peril.  The search underway includes several Navy ships to assist with the rescue mission.  Other aircraft are also involved in efforts to bring this service-member to safety.

Blue food dye offers promise as spinal cord drug

Wednesday, July 29th, 2009

The compound known as Brilliant Blue G (BBG) (the agent that gives M&Ms, Gatorade, and other products their blue appearance) has been linked by researchers to a reduction in “secondary damage” caused by spinal cord injuries.

Researchers at the University of Rochester Medical Center discovered that injecting BBG into rats with damaged spinal cords allowed the otherwise disabled rodents to walk again.  The only noted side effect was that the treated animals literally turned blue, albeit temporarily.

Currently, 85% of spinal cord patients receive no treatment, while the remaining 15% receive steroids.  Researchers seem aimed at expanding the limited array of treatments by conducting studies that seem unorthodox, at least on the surface.

Traumatic brain injuries and spinal cord damage often are sustained in auto accidents, falls due to slippery surfaces, or any jolt or shock to the head, neck, or brain.  The researchers involved in the BBG study plan to approach the FDA for the permission to perform human testing in the near future.

“Our hope is that this work will lead to a practical, safe agent that can be given to patients shortly after injury, for the purpose of decreasing the secondary damage that we have to otherwise expect,” said Steven Goldman, Chair of the University of Rochester Department of Neurology.

Traumatic brain injuries and spinal cord damage are sometimes caused by the negligence of another.  Even when a victim is insured, often times they are left with bills due to partial coverage.  The financial strain placed upon family members and the victim can be discouraging.

Depending upon the severity of the condition, victims may require life-long care which often places an unfortunate financial strain on family members and loved ones of victims.   The Virginia brain injury lawyers at our firm have experience working with doctors across the United States, enforcing the legal rights of trauma victims, as they strive to be the voice of the victim.

If you – or someone you love – has been injured in an automobile accident, do not hesitate to be in touch the lawyers at The Law Offices of Richard J. Serpe, P.C.

Recovering Monetary Damages and Settlement after Brain Injury – Medical Bills (Part I)

Tuesday, July 28th, 2009

Recovering Monetary Damages and Settlement after Brain Injury (Part I)

When a patient has sustained a traumatic brain injury, possessing the knowledge of the typical types of damages can be especially useful information when deciding whether to engage the services of an attorney.  This article will be delivered in a four part series, each of which will address a different category of damages a plaintiff may be able to recover, depending on the facts of his/her individual case.

While the facts of every case will differ, there are several categories of “damages” for permanent brain injuries, from which a plaintiff may be able to recover – These include medical bills (short term and long term), loss of enjoyment of life, pain and suffering, and the recovery of past and future wages/earnings.  Whether a plaintiff is entitled to any of these will depend entirely upon the facts of his or her case.  Speaking with an experienced attorney in this field of law is the smartest idea if one is weighing options.

  1. Medical Bills

Family members of traumatic brain injury victims often are faced with an enormous financial obstacle by way of initial medical bills.  Insurance adjusters may attempt to offer enticing payments to cover mounting medical bills, however, agreeing to such a deal will usually require the victim waive future claims claims for damages.  A person in this situation should never enter into such an agreement, or sign anything until they have an attorney to advise them of their rights.

If a patient’s injuries have required an extended hospital stay including rehabilitation, medical bills will sometimes reach into the six-figure range.  When a person is injured, often urgent care is necessary without inquiry into whether the victim has insurance or is able to pay for the services rendered.

In some situations medical bills may be seemingly small; however, there is no exact “per se” correlation between the severity of a brain injury and medical costs.  If you believed you or a loved one has sustained a traumatic brain injury, it is important to hire an experienced brain injury attorney.  In Virginia, the brain injury lawyers at The Law Offices of Richard J. Serpe, P.C. have a proven track record of success.

You can be in touch with the experienced brain injury attorneys at The Law Office of Richard J Serpe, P.C. by clicking here, or calling them directly at their toll free number – 877 – 544 – 5323

Seizures – A Serious Symptom of Brain Damage

Monday, July 27th, 2009

While there may be numerous indications of brain damage in patients who have sustained a traumatic brain injury, the manifestation of seizures after an accident in a person who has not previously experienced such a condition is a sign of brain damage.  Given the debilitating nature of epilepsy, much research is currently being conducted to produce better and more efficient drugs.

It is important for victims and loved ones to understand the classification of symptoms in relation to brain injuries.  “Immediate” (aka Impact) symptoms are felt at the time of the accident or blow to the head.  “Early” symptoms are experienced within a few days to weeks, and “Late” symptoms are felt within months to years of the injury.

Additionally, brain injuries can be classified depending upon extent of damage (i.e., mild, moderate, or severe).  Brain injuries may occur due to blunt trauma, or can result from an object penetrating the skull.  When the word “mild” is used to describe a brain injury, it often is meant to convey a lack of injury to the brain with few neurological symptoms present.  While doctors are not always able to pinpoint the exact means of injury, it is still important for the patient to convey all symptoms and events in relation to the injury for the best medical care.

Post-traumatic seizures (or epilepsy) is a particularly complex condition in relation to brain trauma, due to the intricacy of the human brain.  For instance, there may be multiple areas of the brain which are damaged, each with the capability of producing seizures.

If you or someone you love has endured trauma to the head, do not wait to contact a doctor.  Obtaining the best representation possible by a licensed attorney in Virginia will ensure that your rights are fully enforced.  The brain injury lawyers of Virginia at our firm are well-seasoned and have some of the best contacts with local doctors in the state.

If you have sustained at brain injury, do not hesitate to be in contact with the attorneys at The Law Offices of Richard J Serpe, P.C.

When to Seek Medical Attention – Head & Brain Injuries

Monday, July 27th, 2009

A traumatic brain injury (TBI) is an acquired condition, occurring when an external force causes trauma to the brain.  No two TBI’s are exactly alike, in that the variation of force, damage, and trauma may produce a varying degree of symptoms.  Symptoms are generally associated with the extent of damage one has endured.  For example, a person who is suffering a mild TBI is more likely to suffer milder symptoms (i.e., mild headache) when compared to an individual who has sustained severe brain damage (i.e., coma).  This is not a bright line rule, however, and anyone who has experienced ANY symptoms following a jolt or shock to the head should see a doctor.  Additional symptoms associated with a mild TBI include impaired memory, behavioral changes, mental or physical fatigue, blurred vision, and dizziness.

A person experiencing symptoms of a mild TBI may be reluctant to visit a doctor, however, the National Institute of Neurological Disorders and Stroke offers the following advice:

“Anyone with signs of moderate or severe TBI should receive medical attention as soon as possible. Because little can be done to reverse the initial brain damage caused by trauma, medical personnel try to stabilize an individual with TBI and focus on preventing further injury.”

The Institute points out that about half of all “severely” head-injured patients will need surgery, thus reinforcing the urgency to seek medical attention after head trauma.   Depending upon the severity of the injury, patients will often need ongoing medical treatment that potentially will not be covered by health insurance.  After an accident, the most important thing is to seek immediate medical treatment if you believe yourself or a loved one has been injured.  The second step is to speak with an attorney if you believe the negligence of another has placed you or a loved one in the situation you are in.  If that is the case, it is imperative to work with experienced attorneys.

The brain injury lawyers of Virginia at The Law Offices of Richard J Serpe, P.C. have the experience needed, and the requisite contacts with the best doctors in the area, to ensure you have the best representation possible.

Brain Injuries and Upcoming Health Reform

Saturday, July 25th, 2009

Traumatic brain injuries (TBI’s) affect over 1.4 million Americans each year, while over 3.17 million people in the U.S. are permanently disabled as a result of a TBI.  Monetarily, this equates to $60 billion annually, a strain on our society underpinned by erratic medical care and lost wages. ¹

Brain injuries are more common than most people think.  By way of comparison to the 1.4 million individuals annually sustaining a TBI, 200,000 people are diagnosed with breast cancer each year, and less than 400,000 are diagnosed with autism.

The Frequency of TBI's in the U.S.

Alarmingly, even though an individual is insured, he or she likely is not covered.  Brain injuries require vast amounts of care, and the fact is – most Americans do not have adequate coverage.

The wars in Iraq and Afghanistan have led to an increasing category of TBI victims; soldiers and veterans.  Luckily, screening for brain injuries has become more routine in our military.  Given the nature of symptoms, and their capacity to show up months after initial injury, long-term screening is suggested.

The current dilemma in America with regard to brain damaged patients is that adequate health care entails a continuum of treatment and care, with certain phases chronologically corresponding to differing treatments.  Currently, most private insurers do not cover the entire spectrum of care.

The Brain Injury Association of America is advocating reforms that include requirements which cover the full spectrum of adequate treatment.

A traumatic brain injury does not discriminate amongst victims; TBI’s may be caused by accidents, falls, assaults, domestic violence, sports injuries, and negligence.  The common denominator of all victims, however, is that each and every patient deserves the full spectrum of treatment options.  Initial treatment, rehabilitation, and ongoing disease management are all pertinent.

Depending upon the severity of the condition, victims may require life-long care which often places a financial strain on family members and loved ones.  As a result of the potentially incapacitating nature of head trauma, it is imperative for the victim and their family that they are represented by the most competent and well established attorneys available.  The Virginia brain injury lawyers at our firm have experience working with doctors across the United States, enforcing the legal rights of trauma victims, as they strive to be the voice of the victim.

Traumatic brain injuries can range from being “mild” in nature to “severe,” so it is important not to dismiss noticeable symptoms (such as impairment in cognition, memory, and behavior) as “normal.”

¹Finkelstein E, Corso P, Miller T and associates. The Incidence and Economic Burden of Injuries in the United States. New York: Oxford University Press, 2006.

If you or someone you love has been injured, do not hesitate to be in touch the lawyers at The Law Offices of Richard J. Serpe, P.C.