Archive for the ‘Headline’ Category

Is Brain Damage from Lead Permanent?

Friday, September 9th, 2011

 

Medical studies have examined whether children’s school performance is related to their exposure to lead. These studies have demonstrated that many academic skills and performance suffer from that exposure. These studies have also demonstrated that for school skills and performance are persistent problems which resulted in learning disabilities and a very high rate of failure to graduate from high school. These studies also demonstrate that these academic problems have an enduring and negative impact on success in real life.

In one of the most important research projects in the field Dr. Herbert Needleman followed a group of children who had been exposed to lead. He published a medical article in the New England Journal of medicine providing his findings of an 11 year or follow-up for these lead poisoned children. The children with the highest lead exposures were seven times more likely to drop out of high school. Higher lead levels were also associated with lower class rank, increased absenteeism, lower scores on vocabulary and grammatical reasoning tests, significantly slower finger-tapping speed, longer reaction times, poorer hand-I coordination, and lower reading scores. These impairments of reading skills were sufficiently extensive to be labeled reading disability (indicated by scores to grades below the expected scores).

Recent studies have used cutting edge diagnostic procedures such as MRI and MRS to assess direct measures of brain damage. These studies have given strong support to the conclusion that brain damage from lead poisoning is permanent. In the fall of 2006 and important paper was published in the Journal of Pediatrics providing stunning visual representations of the brain damage from lead poisoning.

 There have also been efforts to determine whether brain damage from lead can be reversed by providing chelation therapy to children. Regrettably, these studies show that very little can be done medically for children once they are lead poisoned. These studies point to the need to undertake aggressive steps to eliminate any chance of lead exposure for young children. In addition, these studies have demonstrated that brain damage from lead does not stop occurring as children get older. To the contrary, even lead exposure for school age children has been demonstrated to result in permanent loss of intelligence.

 

Norfolk Tide Light Rail Accident; Second Car Collision before opening

Wednesday, August 17th, 2011

Another collision has occurred on 2nd Street and Brambleton Avenue between a car and a light rail train in Downtown Norfolk. This will be the second accident involving a Tide light rail train in less than a week, with just 2 days before its grand opening. 

 

According to WVEC, Haywood Waller was driving a 1992 Ford van on 2nd St, attempting to make a right onto Brambleton Avenue when he collided with a moving light rail train. Mr. Waller was taken to the hospital with minor injuries, no one else was hurt.

He has been issued a summons for disregarding a traffic direction signal.

HRT President and CEO Philip Shucet told WVEC, “People need to look at the signs and obey them,” said Shucet.  “I don’t think the train collided with the van.  I think the van collided with the train, but our investigation will have to be done to verify this.”

Last week, the Norfolk light rail train was involved in a hit and run at the same intersection.  A blue Toyota Camry clipped the light rail train, knocking off the left front quarter panel, and drove off.  This was the first car and light rail accident to occur before the opening of the Tide. 

The Tide is still scheduled to open for riders on Friday.

Carbon Monoxide Poisoning Leading Cause of Unintentional Deaths in US says CDC

Tuesday, August 16th, 2011
Centers for Disease Control and Prevention (CDC) research has revealed that carbon monoxide (CO) poisoning was the leading cause of unintentional deaths in the United States between 2000 and 2009. 
  • Non fire related CO poisoning accounts for approximately 15,000 emergency room visits and 500 deaths annually. 
  • 68,316 CO exposures were reported reported to poisoning centers between 2000 and 2009
What is Carbon Monoxide?
According to OSHA, “Carbon monoxide (CO) is a poisonous, colorless, odorless, and tasteless gas. Although it has no detectable odor, CO is often mixed with other gases that do have an odor. So, you can
inhale carbon monoxide right along with gases that you can smell and not even know that CO is present. CO is a common industrial hazard resulting from the incomplete burning of natural gas and any other material containing carbon such as gasoline, kerosene, oil, propane, coal, or wood. Forges, blast furnaces and coke ovens produce CO, but one of the most common sources of exposure in the workplace is the internal combustion engine.”
Why is Carbon Monoxide Harmful?
Carbon monoxide reduces the amount of oxygen delivered to the body’s vital organs such as the heart or the brain. When exposed to large enough amounts of CO it can cause you to suffocate or lose consciousness within minutes. 
What are the Symptoms of CO poisoning?
The most common symptoms of carbon monoxide poisoning include:
  • headache
  • dizziness
  • weakness
  • nausea
  • vomiting
  • chest pain
  • confusion
  • loss of consciousness
  • suffocation
  • death
Carbon Monoxide Poisoning Lawsuits
Carbon Monoxide is produced as a result of the incomplete burning of elements containing carbon.  It forms when there is not enough oxygen to produce carbon dioxide (CO2). 
Injuries and death usually occur when equipment is not properly installed, maintained, or there is inadequate ventilation.
According to an OSHA CO fact sheet, places you may be exposed to harmful levels of CO include:
 
 

  • boiler rooms
  • breweries
  • warehouses
  • petroleum refineries
  • pulp and paper productions

 

  

  • steel production
  • docks
  • blast furnaces
  • coke ovens 

 

Occupations that may cause someone to be exposed to high level of Carbon monoxide include:
 
 

  • Welder
  • Garage Mechanic
  • Firefighter
  • Carbon-black maker
  • Organic chemical synthesizer
  • Metal oxide reducer
  • Longshore worker

 

 
 

  • Diesel engine operator
  • Forklift operator
  • Marine terminal worker
  • Toll booth or tunnel attendant
  • customs inspector
  • Police officer
  • Taxi driver

 

If you or a loved one have been seriously injured by carbon monoxide poisoning due to someone else’s negligence, contact our Attorneys for a free consultation

$358.5 Million to Sixteen Children Exposed to Dangerous Amounts of Lead

Tuesday, August 9th, 2011
A jury in St. Louis has awarded $358.5 million to sixteen children who suffered injuries when they were exposed to dangerous amounts of lead from a nearby smelting plant.
According to Reuters, Fluor Corporation, Alpha Natural Resources Inc., and Doe Run Investment Holding Co. would pay $320 million in punitive damages, and $38.5 million to compensate them for health issues and lost lifetime wages.
The children range from 11 to 26 years old and alleged that emissions from the Herculaneum, Missouri based smelting plant caused them injuries including ADD and lowered I.Q.s.
According to AboutLawsuits.com, the complaint alleged that the owners of the plant released lead air pollution knowing about the potential health risks.  It also says that they failed to ensure emission levels were safe and failed to alert the public about the potential risk of lead poisoning.
Fluor Corp. plans to appeal the verdict.
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Over the past few decades, there have been significant measures taken to reduce the risk of poisoning through exposure to lead. Our cars are now required to run on unleaded gasoline. The use of lead-based paint is now banned. 

We have limited our exposure to lead for a good reason: lead is a toxic substance that can adversely affect brain development in children, damage the nervous system or kidneys, or even result in death.

We now know that children suffer from permanent brain damage with even extremely small amounts of lead in their blood. The American Academy of Pediatrics calls the situation unacceptable and has called for more action to eliminate this problem once and for all.  Children suffer greatly from exposure to lead. 

  • In large doses, this toxin can cause permanent physiological damage, but even in small doses, the effects can last a lifetime.
  • Brain and nerve function in young victims can severely alter a child’s ability to learn and perform.
  • Teachers reported that students with elevated tooth lead concentrations were more inattentive, hyperactive, disorganized, and less able to follow directions.
  • Additional follow-up of some of those children showed higher rates of failure to graduate from high school, reading disabilities, and greater absenteeism in the final year of high school.
  • Elevated bone lead concentrations are associated with increased attention dysfunction, aggression, and delinquency.
Over the years, Richard Serpe has gained a reputation as being a fierce advocate for the rights of those who have suffered from the careless pollution of their environments. He made history in Virginia when he received a $2,000,000 verdict, which is the largest verdict in the state for a victim of lead poisoning. He has successfully argued for his clients before state and federal courts and has dedicated his career to helping the victims of environmental poisoning receive fair and just treatment. 

If your children have suffered from lead poisoning, and you feel that your needs and concerns are not being taken seriously,  contact the Law Offices of Richard Serpe for a free legal consultation today.

 

Worker Killed in Accident at Chesapeake Golf Course

Tuesday, August 2nd, 2011

Wavy.com reports that around 10AM yesterday morning, Chesapeake police responded to a fatal industrial accident at the Cahoon Plantation Golf Course in Chesapeake.
Michael Costa of Camden, North Carolina, the maintenance superintendent for the golf course, was identified as the victim in the accident.
According to The Virginian Pilot, Detective Ronnie Young determined that Mr. Costa was crushed by a lawn sprayer and died of mechanical asphyxiation.

The accident is still under investigation by the Police and OSHA.

 

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Related Links

 

Norfolk Light Rail Could Contribute to Accidents and Injuries

Monday, August 1st, 2011

The new light rail system, The Tide, is due to open to the public August 19th and Hampton Roads Transit hopes to prevent accidents by educating people about safety, according to an article in The Virginian Pilot

Combine light rail trains, cars, trucks, bicycles, motorcycles, and pedestrians and it may be inevitable that a collision or an injury occurs.  With any new light rail system, it is expected that accidents and injuries occur more frequently in the beginning as everyone begins to adjust.

According to the U.S. Bureau of Transportation Statistics, in 2005, incidences involving Light Rail Transit systems in the US include:

  • 625 accidents
  • 268 injuries
  • 15 fatalities

Light rail operators have reported during testing this month that, “something happens pretty much every day.”  This however is due, in part, to public negligence. Despite signs and lights, drivers are still running red lights, making illegal turns, and stopping on the tracks.  In 2009, the Federal Transportation Administration reported that 90% of accidents involving light rail trains is caused by “public behavior.”

Hampton Roads Transit (HRT) has added a number of safety measures to prevent accidents in general. These safety measures include:

  • complex computer networks
  • communication equipment
  • radar detectors
  • street signs, signals, speed bumps, and gates
  • audio signals such as bell sounds
  • control systems
  • cameras and black box recorders

SUV Hits Motorcycle in Chesapeake Accident, Motorcyclist loses leg

Friday, July 22nd, 2011

A serious accident occurred between a SUV and a motorcyclist this morning in Chesapeake. The accident resulted in serious injuries to the motorcyclist, including the loss of his leg.

The accident occurred in the 400 block of Mt. Pleasant Road around 6:30a.m., according to WVEC.com.

Police are reporting that the driver of the SUV was taking a left turn onto the 168 Bypass when it collided with the motorcyclist. The impact severed the biker’s leg.

The rider of the motorcycle was taken to the Sentara Norfolk General Hospital by Nightingale.

Charges are pending against the SUV driver who was determined to be at fault.

Motorcycle driver loses leg in accident: wavy.com

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If you or a loved one have been seriously injured in a motorcycle accident caused by someone else’s negligence, we are available to help you understand your legal rights. Contact us to setup a free, no obligation consultation Toll Free 877-544-5323 or Local: 757-233-0009

Motorcycle riders are frequently the victims of careless and inattentive drivers of cars and trucks. Whether the carelessness is caused by a drunk driver, or the all too frequent indifference that motorists exhibit towards motorcyclists, the results of a collision with a motorcycle are all too often catastrophic or fatal.

The major cause remains the failure of other drivers to recognize motorcyclists.

Chesapeake man killed after faulty fuel line causes SUV fire; woman & child injured

Tuesday, July 5th, 2011

An unfortunate accident occurred Sunday when a 2011 Chevrolet Traverse caught fire due to what police are saying was a faulty fuel line killing James Anthony Weschler.

Michelle Weschler and a four year old child in the backseat were able to get out of the vehicle when someone stopped to help them escape.

According to WVEC.com, she was taken to Sentara Norfolk General Hospital and is in critical condition. The child was also injured and taken to Children’s Hospital of the King’s Daughters.

The accident happened occurred near Little Creek Road on I-64.

Mr. Weschler was 38 years old and a Chesapeake resident.  According to the Virginian-Pilot he was in the Navy.

 

Norfolk, Virginia Defective Product Injury & Wrongful Death Lawyers

  • Defective products, such as auto parts of poorly designed cars or medical products, are known to cause physical injury, illness, or even death.  With these types of cases it is not uncommon for serious injury to occur before the defect is found. If you believe that you or a loved one were injured due to a defective product, contact our Norfolk, Virginia injury attorneys for a free consultation. Local:757-233-0009 or Toll Free: 877-544-5323

 

Nursing Home Abuse & Personal Injury

Friday, June 24th, 2011

 

Nursing home injuries, and even deaths, are all too common when: a facility is under staffed, its staff members are poorly trained, or when individual staff members just doesn’t care.

If you are currently exploring the residency of a nursing home, for yourself or a loved one, be sure to do your research. Quality ratings, health inspections, quality measures, and nursing home staffing numbers are all very important factors to know about a facility before making a decision. Medicare.gov provides you with all of this information in addition to other resources and checklists to help you make this important decision.

Nursing home malpractice has many forms:

  • Falls in Nursing Homes
    • According to the Centers for Disease Control and Prevention (CDC), about 1,800 patients living in nursing homes die each year from fall related injuries. A nursing home averaging about 100 beds will report 100 to 200 falls each year.
    • 10% to 20% of nursing home falls cause serious injuries
    • 2% to 6% cause fractures
    • Nursing home staff have a responsibility to conduct a fall-risk assessment, which will aid in the reduction and prevention of patients falling.
    • Negligence may occur when a patient has a pattern of falls and there is a clear failure on the part of the staff to apply any sort of accommodation to prevent future falls.
  • Bed Sores or Pressure Sores
    • As defined by MedicineNet.com, a bed sore is: “A painful, often reddened area of degenerating, ulcerated skin caused by pressure and lack of movement, and worsened by exposure to urine or other irritating substances on the skin. Untreated bed sores can become seriously infected or gangrenous. Bed sores are a major problem for patients who are confined to bed or a wheelchair. They can be prevented by moving the patient frequently, changing bedding, and keeping the skin clean and dry. Also called a pressure sore, decubitus sore, or decubitus ulcer.
    • Most often when a bed sore develops, it is usually a clear sign that the patient is not being cared for properly. Reasons for lack of care may include: negligence, under staffing, or poorly trained staff members.
  • Wrongful Death
    • A wrongful death can occur when the death of a patient has occurred due to the nursing home facility’s negligence. The loved one’s family may bring a wrongful death lawsuit against the facility as a result of it’s negligence.
    • Common reasons for wrongful death include: death due to the lack of accommodation for a patient known for falling, death from infection or serious complication from bed sores, dehydration, malnutrition, medication errors, and abuse.
  • Other serious forms of nursing home injuries may include: physical/sexual abuse, and medication errors.

 

Contact Us
If you or a loved one believe to have been seriously injured due to nursing home negligence our Virginia personal injury / medical malpractice attorneys are available to help you understand your legal rights. Contact our office to schedule a free no obligation consultation.

 

Law Offices of Richard J. Serpe, PC
580 East Main Street, Suite 310 Norfolk, VA 23510
E-mail Us or call Toll Free: 877-544-5323
Local: 757-233-0009


Q: In Virginia, Can I have a claim if I am partly at fault in a car accident?

Friday, June 24th, 2011

In Virginia, you may not file a claim if you in any way contributed to your injuries.

Comparative Negligence vs Contributory Negligence

Comparative Negligence

Almost all states follow the comparative negligence system which allocates a percentage of fault between the individuals involved in the accident. With this type of system a defendant may prove that the plaintiff was partially at fault for the accident, relieving themselves of full liability.

  • “pure” comparative negligence
    • If a plaintiff was awarded $100,000 and the judge determined that the plaintiff was 10% at fault for their injury, they would receive $90,000. Damages are reduced to reflect the their contribution to the injury. This would also apply if the plaintiff were 80% responsible for their injury, and they would receive 20% of the damages.
  • “modified” comparative negligence
    • Most states that follow the comparative negligence system use this modified approach. If the plaintiff is found to be 50% or more responsible for the accident, they may not recover any damages at all.

Contributory Negligence
Virginia is one of the few states that still follow the contributory negligence system. The only other states are: Alabama, Maryland, North Carolina, Virginia, and Washington DC.

The contributory negligence system prohibits an accident victim from recovering any compensation if the defendant can prove the plaintiff contributed to the accident in any way at all.

 

More Virginia Car Accident Frequently Asked Questions

Virginia Personal Injury Attorney


HRT Opens Light Rail in August ; Latest Delay due to safety concerns

Tuesday, June 21st, 2011
After a year and a half of delays and $338 million dollars, HRT has finally announced an opening date for the Tide light rail system. The latest delay in opening the system was because of issues with safety equipment.

The Hampton Roads Transit system has announced that the Tide light rail will officially begin running on August 22, 2011. Prior to its official opening, starting August 19, 2011 they will allow three free days of service to the public.

According to The Virginian Pilot, issues with safety equipment orders, installation, and testing is the cause of the latest delay. Equipment such as light signals and communication systems, are designed to avoid collisions between trains, vehicles, and even accidents with pedestrians.
Even with all of this safety preparation, the negligence of a driver or pedestrian has the potential to cause accidents. HRT is urging that motor vehicle operators and pedestrians to be aware of running trains as additional work and testing continues.

The most worrisome areas are in downtown Norfolk, where in several places, a train and vehicle share the same driving space. In these areas it is critical for drivers and pedestrians to obey new traffic signals and signs to avoid accidents and injuries.



Q: What type of compensation can be claimed in a Virginia Wrongful Death case?

Monday, June 13th, 2011

Q: What type of compensation can be claimed in a Virginia wrongful death case?

If you have lost a loved one due to someone else’s negligence, you may be entitled to damages for certain circumstances under Virginia law.

Virginia Code § 8.01-52: Amount of damages

“The verdict or judgement of the court trying the case without a jury shall include, but not be limited to, damages for the following:

  1. Sorrow, mental anguish, and solace which many include society, companionship, comfort, guidance, kindly offices and advice of the decedent;
  2. Compensation for reasonable expected loss of (i) income of the decedent and (ii) services, protection, care, and assistance provided by the decedent;
  3. Expenses for the care, treatment, and hospitalization of the decedent incident to the injury resulting in death;
  4. Reasonable funeral expenses; and
  5. Punitive damages may be recovered for wilful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others”