Archive for the ‘Featured’ Category

Knauf Tianjin makes settlement to repair 300 homes in Florida, Louisiana, Alabama, Mississippi

Friday, October 15th, 2010

Knauf Plasterboard Tianjin, one of the manufacturers responsible for producing defective Chinese drywall, has agreed to repair up to 300 homes in several different states as part of a remediation “pilot program.” If all goes well, this could be just the beginning.

Homeowners whose homes meet the criteria agreed upon will have the insides of their homes gutted, their families will be relocated, and attorney’s fees shall be paid for by Knauf Tianjin and several other companies who settled on the negotiation.

The homes will be repaired according to the protocol developed by the U.S. District Court under Judge Eldon E. Fallon. Essentially, all of the drywall, wiring, air conditioning system components, and other components will be removed and replaced.

Eligible homes:

  • Must contain “substantially all”, defined as 95% or more, of Knauf Plasterboard Tianjin (KPT)
  • Must be located in Florida, Louisiana, Alabama, or Mississippi
  • And must NOT contain any other type of contaminated Chinese drywall

Some Attorney’s are hesitant to take the agreement because homeowners in South Florida, specifically Miami-Dade County, may have difficulty meeting the 95%+ KPT drywall eligibility requirements due to the way drywall was distributed.

According to the Herald Tribune, the federal court has determined the remediation cost to be more than $80 per square foot for an average-size home. They hope to get a better idea of this cost once the remediation protocol has been implemented.

This settlement gives hope to many homeowners who thought their lawsuits would take years before they received any type of help. Knauf Plasterboard Tianjin is the only defective Chinese drywall manufacturer who has responded to U.S. court proceedings, reports the MiamiHerald.

  1. View the actual “Settlement Agreement for the Demonstration Remediation of Homes with Knauf Plasterboad Tianjin Drywall
  2. HUD and CPSC Issue Guidance on Repairing Homes With Problem Drywall
  3. ChineseDrywallClaims.com
  4. Free 5 Step Guide to Determining if your home contains defective Chinese drywall

Defective Bard IVC Filters may cause life threatening injuries

Wednesday, August 25th, 2010

The Food and Drug Administration has put out a warning to doctors to remove inferior vena cava (IVC) filters from patients after the danger of the clot has passed, with the fear that the device may fracture and migrate inside of the patient.

Inferior Vena Cava (IVC) Filters are devices that are used to prevent blood clots from traveling to the lungs or heart and causing a pulmonary embolism.  Studies have shown that pieces of defective IVC filters are known to break off and migrate to organs resulting in punctures, life threatening conditions, and even death.

According to the FDA  more than 900 reports of problems associated with IVC filters since 2005. 

  • 328 : device mirgration
  • 146 : embolizations (detachment of the device)
  • 70 : perforation
  • 56 : filter fracture

IVC Filters are meant for short-term  placement, but are not always removed after the patients risk for PE has passed.  Long term risks may include:

  • Severe and reoccurring pain in the heart or other parts of the body
  • cardiac tamponade (bleeding in or around the heart)
  • pulmonary embolus (blockage of a blood vessel in the lungs by blood clots)
  • hematoma (blood the collects under the skin or in an organ)
  • perforation or puncturing to the vena cava wall and the heart
  • perforation or puncturing to lungs, respiratory compromise, internal bleeding, infection
  • other serious complications/injuries and death

Recently a study was released by the Archives of Internal Medicine concluding that the ”Bard Recovery and Bard G2 filters had high prevalences of fracture and embolization, with potentially life-threatening sequelae.”

Lawsuits
Bard IVC filter lawsuits have been filed.  If you have had a Bard IVC filter implant and experienced injuries due to the fragmentation and migration of this device, contact our lawyers for a free case evaluation. 

Toll Free: 877-544-5323 or Click Here to Email Us

Common Causes of Medical Malpractice

Tuesday, August 10th, 2010
 

 

Medical Malpractice

Virginia Attorney Richard Serpe is currently accepting cases involving those who have been the victims of medical malpractice. Prescription errors, the failure to make a timely diagnosis, birth injuries due to poor practice and serious conditions that were misdiagnosed are common occurrences, and the victims of these errors deserve experienced and dedicated legal counsel. If you or any of your loved ones have been adversely affected by the actions of a medical professional, contact Richard Serpe for a free case assessment today.

When the sick or injured go to see a doctor, they are doing so under the assumption that their needs will be seen to by competent and experienced professionals. For the most part, those assumptions are correct. The vast majority of doctors, surgeons and pharmacists will make the right diagnosis, flawlessly execute complicated surgical procedures, or make sure that the right medications are properly used.

Most medical professionals have their actions tightly regulated by their respective state medical boards, which make certain that the standards of medicine are both kept high and adhered to by those that practice.

Unfortunately, the medical standards of the Commonwealth of Virginia have fallen behind, and it is the patients who are paying the price.

A 2003 article in the Norfolk Virginian-Pilot detailed how the standards of the Virginia State Medical Board are so loose and poorly enforced that even doctors who have been found “grossly negligent” are allowed to keep their licenses and keep practicing medicine. In the three years since the article was published, changes to how the Medical Board regulates the practice of medicine have been negligible, and as a result, more and more Virginians are paying the price.

According to the National Practitioner Data Bank, there were 2,972 cases of medical malpractice wherein the offending doctor was made to pay damages between 1990 and 2004. That is an average of 212 cases of malpractice a year, or just over 4 a week.

Common Causes of Medical Malpractice

Medical Malpractice can be described as the failure of a medical professional to follow established guidelines, which results in patient injury.

Some of the more common causes of medical malpractice are:

Prescription Errors: With the thousands of drugs that are available for almost every conceivable ailment, it is almost inevitable that mistakes will be made when the prescriptions are filled. According to a study by the Institute of Medicine, an estimated 1.5 million patients are sickened, injured or killed by being prescribed the wrong medication.

Birth Injuries or Deaths: Birth injuries can be caused by any number of reasons, including misapplication of forceps or complications that result in a breech birth or caesarean section. The effects of the injuries can be both physical (as is the case with Erb’s Palsy) or can cause serious damage to the brain (cerebral palsy.)

Wrong Diagnosis: If a medical professional diagnoses what is easy instead of what is accurate, he should be made to answer for his decisions if the patient suffers as a result.

Missed or Late Diagnosis: If a doctor does not recognize a condition as serious, the results could be fatal. A medical professional who fails to correctly diagnose a disease or condition until it too late is not helping his patients. If cancer is found early, a patient stands a very good chance of recovery. But if a doctor fails to act on clear warning signs in a patient, he could be held liable if the cancer isn’t discovered until it’s too late.

Failure to Recognize a Developing Heart Attack or Stroke: People with no medical background aren’t expected to be able to tell the difference between a case of heartburn and a heart attack or the difference between a headache and a stroke. But doctors and nurses should be able to easily differentiate between the superficial and the serious.

Richard Serpe: Justice for All

If you have been the victim of medical malpractice, you should realize that you are not alone. And you should be sure to find an attorney that has successfully helped others in recovering damages against negligent doctors or pharmacists.

Virginians in the Norfolk and Virginia Beach area know to call Richard Serpe.

With over two decades of legal practice, Richard Serpe has established himself as one of the most dedicated and effective attorneys in Virginia. With successful arguments before state and federal Courts, he has garnered a reputation among his peers as an attorney that handles difficult cases, and over twenty years of aggressive representation for his clients has led to Mr. Serpe being listed among The Best Lawyers in America as well as obtaining the highest possible peer review rating from Martindale Hubbell. Mr. Serpe has obtained fair and just compensation for Virginians of all walks of life who have been injured due to the negligence or incompetence of doctors.

In addition to using his own expertise and skill, Richard Serpe collaborates with some of the foremost medical experts in the country. Having the perspective and testimony of these professionals helps to make the suffering of his clients clear to judges, juries, and professional arbitrators.

If you or a loved one has suffered an injury due to the negligence or incompetence of a doctor, surgeon, nurse or pharmacist, contact our offices for a free legal consultation today.

Toll Free 877-544-5323 or by Email

 

 

 

 

 

 

 

 

 

Chinese Drywall Signs & Symptoms

Wednesday, July 28th, 2010

Chinese drywall is a devastating problem homeowners across the country are being forced to handle in this tough economic period. If your home is infested with toxic Chinese drywall, it is critical to get highly qualified representation to start an immediate investigation, so that you can make a recovery for your damaged home.  Don’t let your dream home become a permanent nightmare.

Chinese Drywall Signs & Symptoms
Frequent replacement of air conditioning systems or refrigerator components (such as air coils) may be a sign that your home is contaminated. DANGER: If you have experienced loss of “freon” or refrigerant from your a/c system, it may have leaked into your home from sulfur eaten pinholes in your equipment.

  • a strong smell of sulfur / “rotten egg-like” odor
  • frequent failure of electronics and appliances
  • frequent failure of electrical and piping systems, such as air conditioning units (coils)
  • Although not proven to be directly linked to defectice drywall, common health symptoms that were reported include:
    • nose bleeds
    • respiratory problems
    • headaches
    • sinus problems

 

Download our Free 5 Step Guide and investigate your home for Chinese drywall.
www.FreeChineseDrywallReport.com

 

Other Resources:
CPSC: Chinese Drywall Information Center
HUD: US Department of Housing and Urban Development

The Chinese Drywall Blog
Chinese Drywall Facebook

What Car Drivers Need to Know About Truck Accidents

Thursday, July 22nd, 2010

Automobile drivers face enough dangers on the road, and one particularly frightening danger is the possibility of a collision with a tractor trailer. There are a variety of reasons that trucks can cause an accident – sometimes the truck driver is at fault, sometimes motorists in passenger vehicles aren’t being careful enough, or sometimes road conditions contribute to collisions.

The remarkable growth of America’s trucking industry has put more big rigs and truck drivers on the road than ever before. These days, large trucks account for about 1,300 accidents a year in Virginia, and kill over 100 people in the state and about 5,000 people every year nationwide. Motorists need to educate themselves about the dangers of truck accidents, and it can help to know ahead of time what to be aware of if you are unfortunate enough to collide with an 18-wheeler.

What You Need to Know About Truck Accidents

1. Trucking companies have their own lawyers and investigation teams. That’s right, if you’re involved in an accident with a tractor-trailer, you may find the scene of the accident crawling with representatives from the trucking company. They aren’t there to help you, they’re there because they know there is a good possibility they’ll face legal action and they want to gather as many facts as possible as quickly as possible. Protect your own interests if you’re involved in a truck accident and speak to your own lawyer as soon as possible.

2. There are a lot more insurance companies involved in truck accidents. Consider your own driving insurance – you probably just have one insurer, and one policy. Not the case for large trucks. In an accident, there may be multiple insurance companies involved, which can greatly complicate you getting what you deserve for your injuries. Your attorney can help ensure your rights are protected when dealing with the trucking company’s insurance company, the owner’s insurance company, the driver’s insurance company, and possibly others.

3. Large trucks handle differently than passenger vehicles. This statement may seem obvious, but many motorists drive as though the big rig next to them has the same braking and handling capability as their minivan. When sharing the road with large trucks, remember that they have bigger blind spots, they need more time to break – and most importantly, they can weigh up to 80,000 pounds – a great reason to give them a wide berth. Accidents with vehicles of this size mean that attorneys and investigators need to have an appreciation for truck dynamics in order to fully understand your accident case.

4. Tractor trailers have different rules and regulations than passenger vehicles. If you’re involved in an accident with a large truck and you believe you need representation for your case, then you’ll want an attorney who knows these types of accidents. There are a myriad of laws governing the ownership, maintenance, and operation of these enormous vehicles, and its important that your attorney ensure all applicable laws were being followed at the time of the accident.

 You can see from the list above that it is your best interest to find an experienced attorney if you or someone you love is involved in a truck accident. There is no reason that you should face the aftermath of a truck accident alone. Please contact The Serpe Firm, and we can help you face the powerful trucking company lawyers so you can get 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

Lead Exposure – Symptoms, Treatment, and Advice for your Family

Monday, July 19th, 2010

If you suspect that you or somebody in your family – a child, perhaps – has been exposed to lead, you may be wondering what to do now. What are the symptoms? Are there tests you can do yourself? What tests can your doctor or pediatrician run for you? What is the treatment for lead exposure? Are there any long-term health effects? The Serpe firm has complied this helpful summary of facts for anybody who is worried about lead exposure.

What are the symptoms of lead exposure?

Lead poisoning can affect many parts of the body, but the most pronounced effects are on the central nervous system and kidneys. Lead enters the body through the inhalation or ingestion of lead dust or particles, and from there it travels into the bloodstream and organs. Eventually it is deposited in the bones and teeth, where it can remain for decades.

WebMD lists the following symptoms for high levels of lead in adults and children:

  • Stomachaches, cramping, constipation, or diarrhea
  • Nausea, vomiting
  • Persistent, unexplained fatigue
  • Headache
  • Muscle weakness
  • Higher rates of tooth decay

WebMD also lists the following symptoms, however it can be difficult to determine if these symptoms are caused by lead exposure as they are common to other types of illness:

  • Behavioral symptoms in children: Irritability or aggressiveness, hyperactivity, being easily distracted, impulsiveness, learning problems, lack of interest in play, loss of appetite.
  • Behavioral symptoms in adults: Irritability, unexplained changes in mood or personality, changes in sleep patterns, inability to concentrate, memory loss.
  • Neurological symptoms: Poor coordination, weakness in hands and feet, headaches, seizures, paralysis, coma.

Help! I think I’ve been exposed to lead!

We’re all afraid about lead exposure – after all, it’s all over the news. Most of us know about the lead in homes built before 1978, the dangers of lead that used to be in gasoline, and of course we’ve also been stunned by the numerous toy recalls by Mattel, one of the largest toy manufacturers. You may be worried that you or one of your family members have been exposed to lead – particularly if you have a child in your home who may have been playing with lead-tainted toys.

Childhood lead poisoning is still a problem in the United States. The CPSC estimates that 1.7 million children between the ages of 1 and 5 have levels of lead in their blood that are of concern. Children should be screened routinely for lead poisoning as part of a well-baby visit before the age of 2. When you visit the pediatrician for your child’s well-visit exam, the pediatrician will probably make you fill out a form asking questions which can be used to gauge your child’s potential for lead contamination. Questions ask about the age of your home and any ongoing renovation work (that might stir up lead dust in an older home), hobbies that you or another caretaker may have which involves the use of lead (i.e. stained glass work), and more. You may also request that your child be tested, regardless of the results of the questionnaire.

Infants and children are usually tested by a quick finger-stick to collect blood, while a blood draw from a vein is necessary for adults. This will test for lead levels in the blood only, not other internal organs or bones. Additional tests that can be performed include x-rays to look for the presence of lead in your organs and bones, and kidney and urine tests to evaluate renal function.

Considering a home test for lead? Don’t. The most common home test kits, LeadCheck Swabs, have been shown to be inaccurate 64% of the time (you can read our article about these swabs here). The only reliable kind of lead testing is done at certified laboratories (for consumer goods) or through in-home testing by certified lead test companies. You can search for a lead-test company or lead-risk assessor in your area here. The Community Environmental Health Resource Center (CEHRC) provides a great “Lead Test Decision Guide” on their website.

What is the treatment for lead exposure?

If you or somebody you love has been exposed to lead, the first step in a treatment program is to remove the source of contamination. The next step is to ensure that the person suffering from lead poisoning is eating a nutritious diet, as a well-fed body will absorb less lead than a nutritionally deficient body. If levels of lead in the body are very high, chelation therapy may be tried – but it is very important that the source of lead be removed from the patient’s environment first. Unfortunately, it does not appear possible to reverse the effects of lead exposure by using chelation therapy. This is all the more reason to prevent exposure to lead in the first place – a job we expect our government agencies and manufacturers to take seriously.

Are there any long-term health effects from lead exposure?

The Serpe Firm has reviewed key medical literature to determine if the damage from lead poisoning is permanent, and sadly it appears that it is. Please see the article on our website titled “Is Brain Damage from Lead Permanent?”

How can I keep track of lead recalls?

Finally, consider keeping track of recalls involving products containing excessive amounts of lead. The Consumer Product Safety Commission (CPSC) “is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency’s jurisdiction.” Their website contains information about recalled products, and is the most comprehensive source of recall information. You can also search the CPSC website by type of hazard – go to their website here and search by “lead”. In addition, the Centers for Disease Control (CDC) maintains a list of all products recalled for lead contamination. You can look for toys, cosmetics, office products, and more that have tested positive for excessive levels of lead.

If you or somebody you love has been affected by lead exposure, please contact the law office of Richard Serpe, PC immediately. Richard Serpe has the experience you need for your lead poisoning case, and will help make sure you receive the compensation you deserve.

Salsa and Guacamole Large sources of foodbourne diseases

Monday, July 19th, 2010

Recently the Center for Disease Control and Prevention (CDC) sent out a press release stating that salsa and guacamole, especially those served in retail food establishments, are an increasingly important sources of foodbourne diseases.

According to research released almost 1 out of every 25 restaurant related food poisoning outbreaks between 1998 and 2008 can be traced back to contaminated salsa or guacamole.

Magdalena Kendall, an Oak Ridge Institute for Science and Education (ORISE) researcher stated, “Salsa and guacamole often contain diced raw produce including hot peppers, tomatoes and cilantro, each of which has been implicated in past outbreaks.”

  • Non-compliant storages times and temperatures were reported in 30% of the salsa-guacamole-associated (SGA) outbreaks.
  • Food workers were the source of contamination 20% of the time, which my have contributed to outbreaks.

Other Resources:
Food Poisoning Injury Cases
CDC: Food-Related Diseases

Hotel Food Poisoning Settlement
Vernon Hills Chili’s Grill & Bar Settlement

The Virginia lawyers at our firm are available to speak with you for an immediate review of food poisoning cases. Food poisoning is all too frequent in Virginia, and often results in a serious injury which requires extensive medical care and heavy medical bills.

How Insurance Companies Deny, Delay, Confuse, and Refuse

Wednesday, July 7th, 2010

Tricks of the Trade:  How Insurance Companies Deny, Delay, Confuse, and Refuse [pdf]

Brought to you by the American Association for Justice. The publication reveals the tricks of their trade, and what you can do about it! “This report describes some of the most egregious ways the insurance industry attempts to make money at the expense of consumers.”

This is an interesting publication we have in our firm website’s car accident library

Have you been involved in a Virginia car accident?
Contact our Office to setup a free case review by phone or appointment. 
Toll Free: 877-544-5323 or Local: 757-233-0009

www.serpefirm.com

Tragic drowning death of toddler, age 2, at popular Chesapeake park

Tuesday, June 8th, 2010

A tragic scene unfolded Sunday, reported the Virginian-Pilot (click here for source article) – A toddler, just 2 years of age, drowned in the waters of Lakeside Park.  Lakeside Park, a city-owned recreational area, has experienced only two such tragedies involving drowning deaths; this being the second.

Reportedly, the young boy ran astray from his family in the early evening hours – some time prior to 6 p.m.  After authorities were contacted to assist in locating the lost boy, it was the Firefighting Department that eventually made the unfortunate and heart-wrenching discovery.  The young boy was found in the water by the South Norfolk Firefighters and pronounced dead later at the hospital.  Efforts to resuscitate the boy sadly proved to be ineffective.

According to a detective working with an ongoing police investigation, at the present time it seems that the incident was “an unfortunate accident” – (said) Detective Gus Mojica, as reported by the Virginian Pilot.

The article goes on to explain that a former director of the city department which oversees recreation activities, said to his knowledge this is the first drowning to take place at Lakeside Park in around a half century.

According to this source provided by the Center for Disease Control (CDC) (click here for water-related statistics and safety information), males were 3.4 times more likely to die from an unintentional drowning during the year of 2006.

 

The following reference for the aforementioned statistic can also cited to the following source: (Centers for Disease Control and Prevention, National Center for Injury Prevention and Control. Web-based Injury Statistics Query and Reporting System (WISQARS) [online]. (2009) [cited 2009 Nov 24]. Available from: URL: http://www.cdc.gov/injury/wisqars”)

Poll Results Suggest Ebb in Driving While Distracted

Saturday, May 29th, 2010

This blog has often focused on the disastrous consequences of using mobile communications in the car. Under current Virginia law, texting while driving in the state is illegal regardless of the age of the motorist. And drivers under 18 in Virginia are prohibited from using any kind of wireless device in the car. Perhaps because of increased publicity and warnings, a survey conducting by national polling firm now suggests that motorists could be cutting down on using their cell phones behind the wheel, ChicagoBreakingNews reports.

In a national survey of about 1,000 adults, Harris International found that 40 percent of those who text and drive are doing it less this year than last year. And of those in the survey who admitted to talking on their cell phone while driving (67 percent), some 30 percent indicated a decrease.

Results also revealed that 20 percent of drivers with cell phones say they send texts while driving. Among drivers under age 35, usage rises to nearly half of all drivers.

Harris conducted the survey for Nationwide Insurance. A Nationwide executive had this to say:

This is the first survey we’ve seen showing drivers making positive changes in their behavior, but there are still too many drivers who either don’t realize just how dangerous distractions behind the wheel are, or are willing to take that risk. The stigma now associated with distracted driving may also have fewer people willing to admit they do it, but studies continue to indicate that [driving while distracted] DWD causes one out of every four U.S. crashes.

Fortunately, most Virginia motorists drive responsibly, but if you–or someone you love–have been injured in an automobile accident caused by a distracted driver in Virginia, do not hesitate to get in touch with the personal injury lawyers at the Law Offices of Richard J. Serpe, P.C., Toll Free 877-544-5323, for a no-obligation consultation.

Virginia State Police Mobilize For Memorial Day Holiday

Friday, May 28th, 2010

Virginia state troopers will step up traffic safety enforcement efforts for the Memorial Day weekend with increased patrols during an operation that  starts Friday, May 28 at 12:01 a.m. and runs through midnight, Monday, May 31. Operation Combined Accident Reduction Effort (CARE) is a state-sponsored, national program designed to reduce car crashes, accident fatalities, and injuries caused by speeding, drunk driving, and the non-use of seat belts.

“In 2009, Virginia experienced its lowest number of traffic deaths in over a decade during the Memorial Day weekend,” Virginia State Police Superintendent Flaherty explained earlier this week. “I challenge all Virginians to play a role in further decreasing the number of traffic deaths and crashes during this year’s holiday weekend by buckling up, obeying speed limits, and driving sober and distraction-free.”

Last year at this time, state troopers stopped more than 10,000 speeders and about 3,000 reckless drivers. Officers also arrested nearly 200 drunk drivers.

State police will simultaneously continue the Click It or Ticket enforcement project, which runs through June 6.

Traumatic Brain Injury: What To Look For

Wednesday, May 19th, 2010

In a presentation to Virginia trial lawyers, neuropsychologist James P. Wade said that the most important factor in a brain trauma case is the victim’s condition immediately after the injury.

Dr. Wade identified four factors that personal injury attorneys should take into consideration when evaluating a brain-related case:

  • Was the victim unconscious and if so,  for how long
  • Did the victim remember the incident or what happened immediately before and afterward
  • Any “hard” evidence such as a skull fracture, bleeding in the brain, or a seizure
  • the victim’s Glasgow coma scale (CGS) on a 0-15 range as measured by an EMT

Dr. Wade added that mild concussions can sometimes be too subtle to show up on CAT scans but can be detected by neuropsychological tests.

A test of this nature has three parts, each of which must be evaluated individually: organic (cognitive abilities), emotional (state of mind), and motivation (ability to comply with the tests).

If you believe that you (or a love one) have sustained a traumatic brain injury in Virginia, it is always important to hire experienced legal counsel. The Virginia brain injury lawyers 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 and your loved ones have the best representation possible. Call Toll Free 877-544–5323 for a no-obligation consultation.