Norfolk Personal Injury Lawyer Blog

Pain Pumps Potentially Damaging to Knees

The use of post-operative pain pumps have been widely used in the rehabilitation of patients undergoing a shoulder arthroscopy.  These same pain pumps have been discouraged from use in knee operations.  Pain pumps have come under considerable scrutiny lately because they have been linked to a condition called chondrolysis–a painfully debilitating condition where cartilage deteriorates and the bones grind.   Pain pumps were directed by the Food and Drug Administration to be placed in the muscle tissue around the joint instead of directly into the joint as directed by manufacturers.  Manufacturers insisted on promoting their product despite disapproval by the Food and Drug Administration.  Negligence lawsuits against pump manufacturers are appearing throughout the nation.  Many individuals who have undergone surgery to correct minor injuries are now facing a lifetime of knee and shoulder operations, and more than likely a complete replacement. Anesthetic manufacturers are also coming under fire because it is believed they assist in the deterioration of cartilage.

Baltimore Law Firm Makes News

The law firm of Janet, Jenner & Suggs LLC has some of their top attorneys leading a fight in product liability for shoulder pain pump manufacturers.  About two dozen plaintiffs allege that manufacturers openly  their products into surgeons’ hands without the expressed and written consent of the Food and Drug Administration.  Pain pumps inject local anesthetics through a catheter in the shoulder and have been linked to a condition known as Postarthroscopic Glenohumeral Chondrolysis.  The condition is debilitating and most of the plaintiffs will undergo shoulder replacements.  Chondrolysis and its association with anesthetic infusion devices received national attention in late 2007 when it was reported that pain pumps were linked to irreversible shoulder cartilage damage.  16 lawsuits and one class action have been filed in federal courts.  Plaintiffs allege that manufacturers failed to properly test and warn physicians about inserting the pump directly into the shoulder joint.  Some of the manufacturers liable are the I-Flow Corporation and Stryker Corporation.  AstraZeneca, an anesthetic manufacturer, is also being sued. 

How Safe Are You in a Car Accident?

Nobody wants to be involved in a car accident, but should it happen to you – how would your vehicle perform? There are 2 main sources of crash test information in the United States. The Insurance Institute for Highway Safety (IIHS), a nonprofit research and communications organization funded by auto insurers, and the National Highway Traffic Safety Administration (NHTSA) whose mission is to “save lives, prevent injuries and reduce economic costs due to road traffic crashes, through education, research, safety standards and enforcement activity.” The primary difference between the testing methods of these two organizations is that the IIHS testing uses frontal offset crash testing, while NHTSA uses full-frontal crash testing. IIHS believes that their frontal offset crash testing is more “real world”, as the impact is concentrated on one side of a vehicle’s front end. And they’re right – statistically, few accidents happen the way the NHTSA tests – with a head-on full-frontal collision. However the test results from these two organizations truly complement one another, and consumers should consider safety data from both when evaluating a vehicle’s safety. Vehicle crash test ratings from IIHS can be found on their website, and NHTSA crash test results can be found on the Safecar.gov website. For more information about the recently released IIHS Top Safety Pick award winners and some surprises, please read our related article.

Ten Reasons for Motorcycle Accidents

The Virginia accident lawyers and the Law Offices of Richard Serpe understand the challenges and difficulties faced by motorcycle accident victims. As the number of motorcyclists has increase dramatically over the last 10 years, both because of recreation and economy, so has the number of serious motorcycle injuries and deaths.

It is important for motorcyclists to be well informed of and know basic riding skills and safety. Equipment safety, braking, cornering, lane placement, obstacles, and riding during weather conditions are all things a safe motorcyclist should know about. This information may be obtained through instructional classes provided by DMV’s Virginia Rider Training Program.

Below are ten reasons the National Highway Traffic Safety Administration (NHTSA) says motorcyclists can become involved in an accident:

1. Lack of basic riding skills
2. Failure to know proper operating techniques
3. Failure to know vehicle limitations
4. Failure to be awareness while riding
5. Failure to use defensive driving techniques
6. Lack of specific braking and signaling
7. Failure to follow the speed limit
8. A motorcycle should be chosen for comfortable fit and the cyclist should also be able to put both feet on the ground
9. Lack of  proper equipment for passenger riders
10. Failure to reach and use controls properly

An immediate investigation is not only necessary for car accident victims, but is just as important for the injured motorcyclist. Locating witnesses who can testify to the inattention and carelessness of the truck or car can make a difference between winning and losing your serious motorcycle injury case. Individuals injured in a motorcycle accident should contact the Virginia accident lawyers at the law firm of Richard Serpe immediately.

We represent Virginia motorcycle accident claims in Alexandria, Bedford, Bristol, Buena Vista, Charlottesville, Chesapeake, Colonial Heights, Covington, Danville, Emporia, Fairfax, Falls Church, Franklin, Fredericksburg, Galax, Hampton, Harrisonburg, Hopewell, Lexington, Lynchburg, Manassas, Martinsville, Newport News, Norfolk, Norton, Petersburg, Poquoson, Portsmouth, Radford, Richmond, Roanoke, Salem, Staunton, Suffolk, Virginia Beach, Waynesboro, Williamsburg, and Winchester

How Toxic is Virginia’s Air?

We’ve all heard about global warming, carbon emissions, and increasing pollution on the news. It seems you can’t read a newspaper or turn on the TV these days without being bombarded about these important global issues. Most of the time reports seem focused on the world-wide effects of pollution and carbon emissions, and what this means for the planet as a whole. But do you ever wonder about the air in your own back yard?

Virginians, Take Note

The American Lung Association published their “State of the Air: 2007” report earlier this year, which ranks the Washington-Baltimore-Northern Virginia, DC-MD-VA-WV area as 11th metro area most polluted by short-term particle pollution, 20th for year-round particle pollution, and 11th for ozone pollution. In addition, a recent Forbes study ranking America’s Greenest States ranked Virginia 23rd out of the 50 states. That means 22 states score better for “green” behavior and environmental quality than Virginia.

The State of the Air in Your County

If you’re interested in how the air in your county stacks up, you can visit the American Lung Association’s State of the Air website. Here you can enter your zip code in order to see a report card for your counties air. For example, in our Norfolk, VA zip code 23510, the American Lung Association gave a “B” grade to the particle pollution levels in our air. That’s not bad, especially when compared to some of Virginia’s other counties. The worst air can be found in Northern Virginia – Arlington and Fairfax counties are graded as the worst for both particle pollution and ozone (smog) pollution.

What’s Causing All This Air Pollution?

If you guessed cars and trucks on our roads, you’re partially right. But what you may not think of right away are all the industrial factories and coal burning plants on the east coast that contribute to the worsening of our air.

According to the EPA, emissions from industrial facilities and electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are major sources of ozone pollution. Coal burning plants, which provide about half of America’s electricity needs, are estimated to produce 40% of US carbon dioxide emissions. Carbon monoxide is primarily from motor vehicles, with boats, construction equipment, and industrial processes.

Sulfur dioxide is mainly released into the air by electric utilities (particularly coal burning plants) and is also released by petroleum refineries, cement manufacturing, metal processing facilities, locomotives, and large ships. As for lead emissions, there are a variety of sources. Before lead was phased out in gasoline, 78% of lead emissions were estimated to come from motor vehicle emissions. However these days lead is emitted predominately by metal processing plants, followed by waste disposal, fuel combustion, and other manufacturers.

Why Should I Care About Air Pollution?

While ozone is naturally occurring high up in our atmosphere, closer to earth – in the air we breathe – it is considered a harmful pollutant. It’s an irritating, invisible gas that becomes more common during hot summer months and is especially dangerous to children, teens, senior citizens, and people with lung conditions like asthma. In addition to damaging vegetation and ecosystems, breathing ozone can cause or exacerbate all of the following health problems: chest pain, coughing, throat irritation, congestion, bronchitis, emphysema, asthma, reduced lung function, scar lung tissue, inflame lung lining, and breathing problems.

Particle pollution is probably one of the most dangerous, widespread, and deadly of air pollutants in our outdoor air. According to the EPA, particle pollution is composed of a variety of matter, including acids (like nitrates and sulfates), organic chemicals, metals, and soil or dust particles. Particle pollution – especially very fine particles, like those found in smoke and haze – can cause a variety of serious conditions. And just like ozone, it’s more dangerous to children, teens, senior citizens, and people with lung conditions. According to the American Lung Association, breathing particle pollution year-round can shorten your lifespan by one to three years! Now, consider some of the proven health effects from particle pollution: increase in existing respiratory symptoms, airway irritation, coughing, difficulty breathing, decreased lung function, asthma, chronic bronchitis, irregular heartbeat, heart attacks, strokes, and premature death.

Carbon monoxide is considered very dangerous, as it is poisonous to even healthy people and can seriously affect those with heart or cardiovascular disease. Breathing polluted air can cause chest pain and exacerbate existing heart and lung conditions, as well as cause problems with vision, the ability to work or learn, manual dexterity, and the ability to perform complex tasks. Carbon monoxide also contributes to the formation of ground level ozone.

Sulfur dioxide can cause respiratory problems, reduced visibility in our air, acid rain, damage to plants and animals, and damage to building materials and paints when it falls as acid rain. One of the problems with sulfur dioxide is that it can travel great distances, so problems from pollution aren’t confined to where the pollution takes place. And yet again, our most vulnerable citizens are most at risk from sulfur dioxide – children, teens, and senior citizens.

Lead is well-known to be dangerous to humans, especially with all the stories in the news lately about contaminated toys. Infants and young children are particularly at risk for lead poisoning, especially those in urban areas and those that live near trash incinerators, high traffic areas, lead smelters, battery plants, or industrial facilities. People are affected by lead when it is inhaled or ingested from our water, soil, or dust in the air. Lead can accumulate in the blood, bones, muscles, and fat, and can cause a variety of problems – many of which can’t be reversed. Organ damage, brain and nervous system damage, blood pressure and heart disease, and anemia are all possible side effects from lead. We have additional information about lead poisoning available in our firm’s library.

Can Lawsuits Really Help?

Quite simply, yes! Earlier this year American Electric Power (AEP) settled with the Justice Department for $4.6 billion dollars, which will be used to upgrade power plants in Ohio, West Virginia, Virginia, Indiana and Kentucky (AEP is known as Appalachian Power in Virginia and West Virginia). The settlement is a result of a lawsuit brought on behalf of the EPA, a number of environmental groups, and the states of New York, New Jersey, Maryland, Connecticut, Vermont, New Hampshire, Rhode Island and Massachusetts.

Our own Richard Serpe secured compensation for many Virginia families whose lives were damaged by companies more interested in profit margins than the health and safety of our state’s residents. In fact, Mr. Serpe has secured over $50, 000,000 (fifty million dollars) for clients since starting his career, including helping over 90 Virginia families whose health was damaged by the Abex Corporation.

If your health or the health of somebody you love has been negatively affected by exposure to pollutants, chemicals, other industrial materials or lead, please contact the Serpe Firm immediately. The Serpe firm is a Virginia based practice serving Norfolk, Tidewater, Virginia Beach, and Richmond areas. Mr. Serpe cares about the health of Virginia’s residents, and can help you recover from the devastating effects of toxic poisoning and get you the compensation you deserve.

Law Offices of Richard J. Serpe, P.C.
580 East Main Street, Suite 310
Norfolk, VA 23510
Phone: 757-233-0009
Fax: 757-233-0455

Three Important Things to Keep in Mind When Reviewing Your Auto Insurance Policy

2. Determine if You Have Medical Payments or “Med-Pay” Benefits
We believe the least understood part of automobile insurance is the so-called “med-pay” coverage. Med-pay is different that liability coverage, which protects you from being sued by someone who claims their injuries were the result of your negligence. Med-pay is also different than collision coverage, which provides for direct repair or replacement of your car after an accident. It is essential you understand how med-pay is different and how it can work for you.

Medical payments (“med-pay”) coverage is a type of health insurance which must be offered by all automobile insurance companies throughout the stat of Virginia under Virginia Code § 38.2-2201. The only way this coverage would not be included in your policy is if you specifically declined the coverage in writing. This med-pay coverage is extremely advantageous to you and it is important that you read your policy and make sure you have not declined it.

Med-pay coverage pays the medical bills for you (the person who purchased that insurance policy), as well as any passenger in your car. Med-pay coverage pays these medical bills regardless of who was at fault in the accident! Stated another way, even if the accident was your fault (for example, you were dialing your cell phone at the time of the accident), med-pay coverage which you paid a premium for and should collect regardless of your fault in causing an accident. This is no different from submitting your medical bills to your health insurance provider after you have seen your medical professional for treatment.

The amount of medical bills covered is determined by your insurance policy’s limit as stated in the declarations sheet of your policy. We encourage all of our clients to purchase the maximum amount of medical benefits coverage offered and which they can afford.

It is important to read your insurance policy carefully; as you may be able to obtain multiple medical payment coverage’s (for example, if you insure more than one car.) If you are the passenger in a vehicle and sustain injuries, you may be able to make a claim under the medical payment coverage of both your policy and the policy of the driver.

It is very important to understand that lawyers may not charge a contingency fee to assist people in obtaining med-pay coverage. Be very careful in reviewing any agreement with an attorney to ensure that your rights to collect medical payments without a contingency fee are protected.

3. Understand What Uninsured and Underinsured Motorist Benefits Really Mean
Let’s face it, there are lots of irresponsible drivers out there. Many clients are struck by or severely injured in accidents with drivers who have little or no insurance whatsoever. If the driver of the other car has no insurance and your injuries are severe, the question becomes, “Is it possible to obtain a settlement for my serious injuries?”

The defendant driver may be considered an “uninsured motor vehicle” for a number of reasons. First, he may not have purchased any insurance whatsoever (which is against the law unless he subscribes to Virginia’s program that allows for the deposit of a bond or money in lieu of insurance). Second, his insurance company may have rejected his coverage for any reason whatsoever, including his failure to cooperate with his insurance company. And, third the driver of the other vehicle left the scene and cannot be found or is unknown.

To protect yourself from these types of drivers, you should obtain uninsured motorist insurance coverage. This coverage obligates the insurance company to pay you all sums you are legally entitled to recover (as damages) from the owner or operator of an uninsured motor vehicle. In other words, by paying your premium for uninsured motorist insurance coverage, you protect yourself for your own injuries which have been caused by the negligence of an uninsured motorist.

An important concept for you to understand is the so-called “aggregate” limit for an insurance policy. In accidents where more that one person is injured, insurance companies frequently limit the amount of money they have to pay to any individual person. And, they may also limit the total amount they would have to pay for any one accident. Once these limits have been reached, the policy is exhausted.

An “underinsured motor vehicle” is one driven by a driver whose total insurance policy does not provide enough coverage to pay bodily injuries and property damage afforded by any person injured as a result of the accident. In other words, if the driver who hit you was negligent and had only very little insurance coverage, but you were smart enough to purchase uninsured motorist coverage, your policy will protect you for your injuries over and above the amount of the negligent driver’s insurance.

Bard IVC Filter Claims

Bard IVC Filter Claims

 TOLL FREE 888-9-BARDLAW

The Bard Inferior Vena Cava (IVC) Filter

Dangerous Devices: RecoveryTM & G2TM

Dangerous Product Reports
The use of these defective devices has lead to numerous reports of serious problems and, in some cases, even death.  The legs, or struts, of these devices are known to fracture and migrate to vital organs elsewhere in the body where they may puncture tissue, causing major damage needing immediate attention.  

The G2^TM IVC Filter
They are implanted through a catheter via a needle puncture of the skin to access either the femoral vein or the jugular vein.

Symptoms
Failure of the Recovery^TM or G2^TM IVC Filters can lead to:

Get Help Now
If you or a loved one has fallen victim to the symptoms of these devices, or are concerned about the possible development of these conditions due to this medical device, contact our lawyers today.

 We offer a free no obligation case review, or simply more
information on these class action lawsuits and your legal rights.

Contact us by E-mail or toll free 888-9-BARDLAW 

Our lawyers are available to assist on cases occurring in Virginia, Texas, Louisiana, and are associated with lawyers with whom they work in assisting clients in Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming, Alabama, and District of Columbia.