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Personal Injury Law

Richmond Virginia Personal Injury Lawyer

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Last Entry: May 20, 2010 at 13:22:56

Class Action Alleges Airline "Targeted" Military Pilots With Discrimination

Posted on September 03, 2009
A recently filed lawsuit alleges that Continental Airlines discriminated against pilots actively engaged in service with the armed forces. According to an August 31 news report about the suit, it is alleged that Continental illegally failed to credit time toward seniority and provide benefits to pilots who were called away due to military obligations...

Delivery Drivers Win $22.75 Million Overtime Settlement

Posted on August 28, 2009
According to an August 20th press release, a massive national Uniform provider, Cintas, came to terms recently on an almost $23 million settlement with a class of hundreds delivery drivers to whom it failed to pay overtime compensation. The Fair Labor Standards Act ('FLSA') is the Federal law mandating overtime compensation to persons who work more than forty hours a week...

Race Discrimination Case Wins Class Status at the Fourth Circuit

Posted on August 13, 2009
The generally conservative Fourth Circuit Court of Appeals recently issued a ruling effectively granting class action status to a racial discrimination lawsuit originating out of South Carolina. The case involves alleged racial discrimination at a Nucor Steel plant...

Kill the Feres Doctrine Now

Posted on August 10, 2009
On July 9, a 20 year-old Airman underwent routine surgery on his gallbladder. During surgery, however, a relatively inexperienced doctor nicked his aorta, resulting in the loss of both of the Airman's legs. This tragedy has helped to shine new light on the Feres doctrine, which prevents active-duty members of the military from filing suit for medical malpractice...

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TVA Duplicity Re: Coal Ash Spill

Posted on July 29, 2009
During a recent hearing before Congress, the head of the Tennessee Valley Authority acknowledged a 'larger cultural problem' at the agency as an inspector general's report says it allowed its lawyers to stifle a $3 million study into the cause of a massive coal ash spill to limit its legal liability...

Electronic Cigarettes Come Under Scrutiny

Posted on July 24, 2009
The debate about the deleterious effects of cigarette smoking seems to be largely settled. The public at large is now deluged with anti-smoking messages and cigarette packs are required to prominently display very ominous warning labels. Finally, in the last 15 years tobacco companies have been hit time and time again with large civil judgments in courts across the country...

Continuous Infusion Pain Pumps Causing Cartilage Death

Posted on July 21, 2009
Studies show a strong association between the intra-articular (inside the joint space) use of high volume pain pumps following arthroscopic shoulder surgery and an otherwise unexplainable loss of hyaline cartilage in the shoulder joint. According to a study authored by Hansen, et al...

New Guidelines Help ER Docs Access Mild Traumatic Brain Injury

Posted on July 10, 2009
The American College of Emergency Physicians (ACEP) in collaboration with the Centers for Disease Control and Prevention (CDC) have revised the clinical guidelines related to mild traumatic brain injuries in adult patients, which is expected to lead to better patient outcomes for the more than one million patients treated in emergency department every year for mild traumatic brain injury (TBI), or concussion...

Toxic Denture Creams

Posted on July 09, 2009
Many years ago, I handled a product liability case against a major pharmaceutical corporation in which our client's physicians opined that she developed a fatal pre-leukemic condition as a result of her exposure to benzene in her denture adhesive. Through discovery, we learned that the manufacturer and its predecessor corporations knew of the existence of benzene in its product as far back as the 1970's...

Make Your Doctor Give You Your Test Results

Posted on June 24, 2009
Are you like most people who assume that no news is good news after you've undergone a series of tests ordered by your doctor? If so, you should be alarmed by a recent study, and you should never assume that your doctor will automatically tell you if you have an abnormal test result...

Medtronic Reveals Massive Payments to Doctor Accused of Falsifying Medical Research

Posted on June 18, 2009
A former military surgeon accused by the Army of falsifying a medical journal study involving one of Medtronic's products received approximately $800,000.00 from Medtronic between 2001 and 2009, according to information released on Wednesday by the company...

Tort Reform Means Less Safety(2)

Posted on June 18, 2009
The naive among us who believe that limiting our Seventh Amendment right to trial by jury would benefit most citizens probably also supported Newt Gingrich's plan in the 1990's to privatize the Food and Drug Administration (FDA). Then Speaker Gingrich advocated disbanding the FDA and giving the pharmaceutical, medical device, and food industry oversight of their own industries...

Tort Reform Means Less Safety

Posted on June 12, 2009
The naive among us who believe that limiting our Seventh Amendment right to trial by jury would benefit most citizens probably also supported Newt Gingrich's plan in the 1990's to privatize the Food and Drug Administration (FDA). Then Speaker Gingrich advocated disbanding the FDA and giving the pharmaceutical, medical device, and food industry oversight of their own industries...

Repeal the Feres Doctrine

Posted on May 19, 2009
Cindy Wilson was a 37 year old technical sergeant stationed at Langley Air Force Base. On February 20, 2007, she was to give birth to her first child. Sergeant Wilson was excited that her parents were making the trip from Georgia to experience the birth of their grandson...

Traumatic Brain Injury Effects Kids for Years

Posted on May 13, 2009
According to two studies just published by the American Psycological Association, children who suffer traumatic brain injuries can experience lasting or late-appearing neuropsychological problems. These finding highlight the importance of carefu monitoring of brain damaged children over time...

Frightening News About Buffalo Plane Crash

Posted on May 12, 2009
According to people with knowledge of the National Transportation Safety Board (NTSB) investigation, the captain of a Colgan Air commuter plane that crashed Feb. 12 near Buffalo, N.Y. flunked numerous flight tests during his career and was never adequately taught how to respond to the emergency that led to the airplane crash...

Hold Your Child Out of Sports Following a Concussion

Posted on May 05, 2009
I know many well-meaning parents who are guilty of allowing their child to be rushed back into contact sports following a concussion. Whether the concussion is suffered in a car accident or a sports-related incident, the same issue typically arises- the child wants to go back to sports immediately after getting checked out at the hospital...

"All-Hands Meeting" Called At FDA To Discuss Lax Medical Device Oversight

Posted on April 28, 2009
Nine scientists signed letters to President Obama charging that Food and Drug Administration officials had acted illegally and that patients were routinely put at risk by unsafe medical devices approved by the FDA for sale despite significant and often unanimous objections from scientific reviewers at FDA...

Census Report Confirms Race-Based Pay Disparities

Posted on April 28, 2009
Companies continue to use discriminatory pay systems. Census figures released yesterday confirm that blacks and Hispanics continue to be paid less than whites for higher-paying jobs – and that the differentials are larger than they have been in a decade...

Overtime Claims to be Emphasized by Obama Administration

Posted on April 25, 2009
In two recent articles, the Wall Street Journal reports that businesses are fearing a crackdown by the Obama administration on workplace practices. The Department of Labor will hire 150 new investigators to enforce wage and child labor laws and an additional 100 investigators in its Wage and Hour Division (WHD) to address unpaid overtime and minimum wages under the Fair Labor Standards Act (FLSA)...

Sexual Assault of Child to be Tried in State Court

Posted on April 24, 2009
In an April 22, 2009 opinion, U.S. District Judge Henry E. Hudson refused to allow companies who were alleged to have negligently hired or retained a previously-convicted sex offender who assaulted a child to remove the case from state court to federal court...

Gender Wage Claim Allowed for Failure to Grant Tenure

Posted on April 23, 2009
A U.S. District Court ruled that a Jackson State University professor's gender discrimination claim that she was denied tenure is timely under the recently enacted Lilly Ledbetter Fair Pay Act. This law extends the time to preserve a claim with an EEOC filing time to 180 days (300 days in states such as Virginia which have state deferral agencies) after the last paycheck including the discriminatory pay...

Federal Court Determines Pharmaceutical Sales Representatives Are Not "Outside Salesmen"

Posted on April 02, 2009
On March 30th, a Connecticut Federal court found that the FLSA's 'Outside Salesman' exemption did not apply to Pharmaceutical Sales Representatives. In issuing its ruling the court resisted the temptation to concede to legal fictions created by other courts in order to justify withholding overtime compensation...

Breaking News: Defense Medical Examinations May Be Bogus!

Posted on April 01, 2009
The New York Times reported on a problem in personal injury and workers' compensation cases that is well-known to plaintiff's lawyers. Doctors who perform "independent medical examinations" (more accurately called, "defense medical examinations") routinely falsify their findings to minimize or dismiss real injuries in order to benefit the insurance companies who have hired the doctors to perform the examination...

Supreme Court Issues Ruling on Arbitration That Is Beneficial to Employees and Consumers

Posted on March 11, 2009
The Supreme Court of the United States recently issued a ruling that will likely prove helpful to employees and consumers when their employers or lenders seek to prohibit their access to court. Employers and consumer lenders, including credit card companies, have increasingly sought to preclude employees and consumers from bringing claims in court by including arbitration agreements in their contracts...

Another New Study Shows Long-Term Dangers of Concussions

Posted on March 10, 2009
Not all concussions are the same. Mild traumatic brain injuries (a/k/a concussions) are common in children and young adolescents, especially those who play contact sports. Researchers at Nationwide Children's Hospital found that although not all concussions are the same, they are often treated in the same way – a potential problem when it comes to long-term health outcomes...

Concussions Linked to Suppressed Brain Functioning Years Later

Posted on March 09, 2009
A study in the current edition of the Journal of Neurology supports the conclusion that concussions-medically classified as mild traumatic brain injuries-may cause weakened brain functioning later in life. The study was conducted by researchers in the department of kinesiology and community health at the University of Illionois...

Bus Driver Settles for $5 Million During Trial

Posted on February 24, 2009
A bus driver who lost a leg in a tractor trailer truck crash in Norther Virginia settled his case for $5 million while a Richmond Circuit Court jury was deliberating the case last Tuesday. The driver was driving students from West Virginia to Disney World when a tractor-trailer pulled from the right lane of U...

Vicki Iseman's $27 Million Defamation Case Settles for Zero Dollars and No Retraction

Posted on February 23, 2009
Vicki Iseman, the lobbyist whom the New York Times reported was suspected by John McCain's staff in 1999 of having a romantic affair with Senatory McCain, sued the New York Times for defamation. The Complaint was filed December 30, 2008 in the United States District Court for the Eastern District of Virginia, Richmond Division, and can be viewd by clicking "defamation" in the previous sentence...

Alarming News Regarding Repetitive Head Trauma

Posted on January 27, 2009
Clinical researchers reported today that postmortem examination of the brain of a recently deceased 18 year old high school football player showed early signs of an incurable debilitating brain disease caused by repetitive head trauma. This finding has major significance in ongoing study of the effects of the sports-related concussion, which threatens athletes from Pop Warner football to the NFL...

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