Norfolk Personal Injury Lawyer Blog

Yorktown Man Injured When Boom Truck Overturns

A 60 year old Yorktown man was injured when his work truck overturned last Friday.

He was found unconscious and with a head injury behind the Warwick Village Shopping Center in Newport News. He was transported to a local hospital for treatment.

According to Wavy.com, when emergency crews arrived they found a CNR Construction boom truck overturned with the bucket extended near the worker.

The construction accident is currently being investigated by OSHA, however the preliminary investigation revealed that the supports on the boom truck were not in place when the bucket was extended.

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

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

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: What is the time limitation for filing a Virginia medical malpractice claim?

The time limit allowed in Virginia for filing a medical malpractice claim, or statute of limitations, is generally 2 years from the date the injury occurred. So for example:

• 2 years from a misdiagnosis which resulted in an incorrect treatment or even lack of treatment leading to further injury
• 2 years from a prescription error which caused you harm
• 2 years from a surgical error

Depending on the type of case, there may be a few exceptions. For example, in the case that a foreign object is left in the body during a surgery, you only have 1 year from the date the object was discovered to file a lawsuit.

In Virginia it is required that an expert, a certified physician or medical professional, support your claim of negligence before you can file a lawsuit. This can sometimes be a lengthy process and must be done before the statute of limitations or you will not be able to file a lawsuit.

If you think that you may have a potential medical malpractice claim, contact our office to speak with a medical malpractice attorney about your options. We provide free, no obligation consultations.

E-mail Us or call toll free 877-544-5323.

Number of DePuy ASR Hip Implant Lawsuits Rising

On December 3, 2010 the decision to consolidate the DePuy hip implant recall litigation was made, giving all cases filed in U.S. courts to Judge David A. Katz in the U.S. District Court for the Northern District of Ohio. 

During the consolidation, seven pending actions were transferred to Judge Katz from Alabama, California, Kentucky, Illinois, Mississippi, and Utah.  According to the Transfer Order, “The actions share factual issues as to whether DePuy’s ASR XL Acetabular Hip System, a device used in hip replacement surgery, was defectively designed and/or manufactured, and whether DePuy failed to provide adequate warnings concerning the device, which DePuy recalled along with another ASR device,3 the ASR Hip Resurfacing System, in August 2010.”

Since then, according to a Conditional Transfer Order filed on December 15, 2010, a further 96 DePuy ASR lawsuits were filed in 34 different federal district courts.

Do I have A Case?
Patients who have suffered serious side effects following the implementation of a Depuy hip replacement may receive monetary compensation if courts judge in favor of the plaintiffs. To be considered for inclusion, however, you must ask yourself, “Do I have a case?”

Consider these questions about the Depuy hip replacement:

1) Have you or a loved one received a Depuy hip replacement?
2) Have you or a loved one suffered injury as a result of the implant?
3) Did you or your loved one receive medical attention or additional treatment after sustaining the injury?

If the overall answer is yes, you very likely have a case against DePuy.
You may also qualify for compensation through our class-action lawsuit.
Please contact Richard J. Serpe and Richard Lewis today at 877-664-9365

www.Depuy-Recall-Lawsuits.com

“Over the Limit, Under Arrest” Drunk Driving Campaign begins

December is National Impaired Driving Prevention Month and the U.S. Department of Transportation has kicked off their annual holiday drunk driving crackdown Monday, according to Arlington Now. 

This nationwide crackdown known for its tagline “Drunk Driving: Over the Limit, Under Arrest,”  will spend approximately $7 million on TV and radio advertising.

The program began after a 2007 National Highway Traffic Safety Administration (NHTSA) revealed the death toll from drunk-driving crashes over Christmas and New Years holiday was significantly higher than during the rest of the year, according to The Epoch Times.

Department of Transportation Secretary Ray LaHood is highlighting a new “No Refusal” enforcement programthat states can use.  The enforcement strategy allows jurisdictions to obtain search warrants for blood samples from impaired drivers who refuse breath tests.

According to last years data, the NHTSA reported 10,839 deaths involving alcohol-impaired driving crashes, with 753 during the month of December alone.

Related Articles: Drunk and Distracted Drivers

Diabetes medication Avandia linked to death & injuries

Avandia (rosiglitazone) is a drug, developed by GlaxoSmithKline (GSK), used for the treatment of type 2 diabetes.    It was approved by the Food and Drug Administration (FDA) in 1999. However, since the approval of the drug the FDA has continued monitoring several heart related adverse effects that were of concern during clinical trials.  In 2006 & 2007, the FDA requested that the labeling for the drug be changed as new data showed the potential risks of the drug.

Since 2006 Avandia users have reported numerous side effects, some of which caused severe medical problems:

• Headaches and back pain
• Anemia
• Swelling or water weight gain (edema)
• Bone fractures in upper arms, hands, and feet
• Vision problems, including partial blindness
• Upper respiratory infections, similar to colds
• Heart disease, heart attack
• Increased risk of stroke
• Liver failure
• Death

Have you or a loved one been physically injured by the type 2 diabetes drug Avandia? If so, contact our Avandia lawsuit lawyers to learn more on how you can be compensated for your suffering.

Toll Free: 877.644.9365
www.Avandia-Lawsuit-Lawyer.com
Facebook: http://www.facebook.com/avandialawsuit

Time Magazine: Is Avandia the Next Vioxx?

Salsa and Guacamole Large sources of foodbourne diseases

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.

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

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”)

Virginia Auto Accident & Injury Lawyer

Have you been injured in a Virginia car accident? 
Our Virginia Personal Injury Attorneys are available for an immediate review of your case. Car accidents caused by distracted and drunk drivers lead to serious injuries and death every day across the state of Virginia. If you are the victim of a Virginia auto accident, contact our experienced automobile accident lawyers to help you claim your rightful compensation.

Virginia Beach juvenile pleads guilty to manslaughter of friend, teammate

Drunken driving, especially when a new driver is the person intoxicated behind the wheel, is a perilous combination.  A Virginia Beach juvenile – 16 years old – pleaded guilty last week to aggravated involuntary manslaughter and drunken driving in an accident that took the life of his teammate.  Read the Virginian-Pilot article here, courtesy of hamptonroads.com.

The case was not transferred to Circuit Court – if it had, then the juvenile driver would be tried as an adult.  Instead, the case was not transferred after a guilty plea was agreed to in the juvenile court system.

The 16 year old driver, and a teammate on the Kempsville High School varsity baseball team, were traveling on the night of March 7 when the vehicle veered off the road and struck a tree.  The passenger was pronounced dead at the scene.  The young men, police believe, may have been consuming alcoholic energy drinks.

Police noted that the impairment of the driver may have been the result of consumption of an “alcoholic energy drink.”  Gaining popularity over the past several years, most convenience stores that carry alcohol also carry carbonated and caffeinated beverages, containing up to 12% alcohol.  The drinks are gaining popularity among young adults and juveniles who are drinking under age, probably due to their somewhat palatable taste, and energetic feeling they provide.  Even more alarming is that these alcoholic drinks often look (are packaged) like regular, nonalcoholic drinks.

Police say that there is video of the two juveniles purchasing alcohol before the crash.

Carbon monoxide scare at Norfolk shipyard

We’ve all heard of the dangers associated with carbon monoxide exposure – these days, detectors of the silent killer are routinely installed in homes along with fire alarms and smoke detectors.

The Virginian-Pilot reported today that the dangers of carbon monoxide poisoning were felt in Norfolk yesterday, when six employees of a shipyard subcontractor (BAE Systems) had to be transported to a hospital following exposure to “high levels” of carbon monoxide.  The workers were cleaning the tank of a ship which recently returned from Haiti.

Captain Mike Marsala of Norfolk Fire and Rescue told the Pilot that an alarm sounded, as the employees were hard at work cleaning and sandblasting a tank on an assault ship.  Fortunately, the workers were able to vacate the area where the alarm sounded, however, one victim experienced dizziness.  A shipyard spokesman told the Pilot this information, and that the men were transported to Sentara Leigh Hospital where four were treated with oxygen to even out levels in the body, and to ensure safety.  The alarm which alerted the workers underscores the importance of businesses and residences having such devices installed.

The Pilot article elaborates on the job the workers were performing: apparently, they were using a breathing device in the tank of the ship (The Bataan).  An engineer had certified the safety equipment, according to the shipyard spokesman.

At the present time, the Occupational Safety and Health Administration is investigating the incident.