Landau Injury Law

Doug Landau, shown here with long-time Reston Triathlon Board Member Chuck James, volunteered at the 2nd annual Reston Sprint Triathlon at Lake Newport Pool.  The Herndon Reston area injury lawyer helped get athletes registered on Saturday.  Raising thousands of dollars for Reston Interfaith made the effort rewarding on many levels.  Doug will be racing tomorrow in this event which sold out in one day !  Multisport events are popular in Northern Virginia, and the race will be staffed by the wonderful people at Set Up Events.  The race is also part of the Virginia Triathlon Series (”VTS”), where racers get points that are tallied at the end of the season to determine overall winners.  Last year, Triathlon Trial Lawyer Doug Landau and 2 of his training buddies each won their age group at this race, and went on to win prizes in the overall series.  Doug races in the competitive 45-49 group, and winning the series last year gives him no guarantees going into his first VTS race of 2008.

In yesterday’s post, we looked at the case of the disabled truck driver and the sworn testimony of the Federal Government’s hired professional witness.  Today, we look at the types of questions I use to cross examine these experts in order to successfully prove my client’s disability case.
At ABRAMS LANDAU, Ltd., we put on evidence that:
1. Our client is unable to perform his previous type of work,
2. Significant limitations impinge on any range of work and eliminate large numbers of occupations a person could otherwise perform,
3. Our client’s present impairments are disabling and have lasted in excess of 12 months,
4. The claimant’s impairments prevent him from engaging in substantial gainful employment, both the types of work he did before and other types of work,
5. This claimant must take unscheduled breaks and will miss  more than 4 days per month according to his own, treating health care providers,
6. The uncontroverted lay (non-expert) testimony shows that others do the: shopping, cleaning, cooking, etc.
7. Claimant does almost nothing around the home,
8. Multiple factors in preclude substantial gainful activity,
9. The judge must consider ALL of the claimant’s impairments in combination, including those that are not severe on their own, when determining whether the P has a severe impairment.  (Pursuant to SSR 85-28, an impairment is “not severe” only where the medical evidence clearly establishes that it has a minimal or non-serious effect on a P’s ability to perform work-related activities),
10. The medical evidence supports a finding of disability, as summarized by the claimant’s treating doctors

In a disability case tried in the District of Columbia, Doug Landau confronted the Federal Government’s Vocational Expert (”VE”), much to the displeasure of the Judge. While Landau did not dispute the expert witness’s credentials or experience, the Herndon Reston area disability and injury lawyer cross-examined the VE armed with the treating doctors’ findings and objective evidence.

This ABRAMS LANDAU client’s spine was injured in a truck accident. This middle-aged gentleman from Loudoun County had a catastrophic back injury when the truck he was driving broke. Unfortunately, he had another lawyer represent him in his workers comp claim, and that attorney would not spend the time, money or effort necessary to work up a potential product liability case. By the time he came to ABRAMS LANDAU, Ltd., on referral from the National Organization of Social Security Representatives, the time limit (”statute of limitations”) had run on his negligence case and he had settled his workers comp claim. (more…)

The American College of Physicians (”ACP”) recommends that you see a doctor IF:

1. Pain runs down the leg below the knee
2. The leg, foot, groin or rectal area feels numb
3. Fever, nausea or vomiting, stomachache, weakness, or sweating occurs
4. Bowel or bladder control is lost
5. Pain was caused by an injury
6 Pain is so bad you cannot move around
7. Pain does not seem to be getting better after 2-3 weeks.

The ACP and the American Pain Society published guidelines on the diagnosis and treatment of low back pain in December, 2007.  For a “Summary for Patients” of these guidelines, go to www.annals.org/cgi/reprint/147/7/

Many people have low back pain at some time in their lives. It can become chronic, meaning that it comes and goes over months to years.

In the “ANNALS OF INTERNAL MEDICINE” it is suggested that

IF YOU HAVE LOW BACK PAIN:
*Do not lift heavy things or do strenuous work
*Try to keep doing everyday activities an walking, even if it hurts
*Do not stay in bed longer than 1-2 days, because it can make your recovery slower

These recommendations, published by the American College of Physicians (”ACP”) in the May 6, 2008 volume, also contain this advice:

TO HELP YOU FEEL BETTER, TRY SOME OF THESE THINGS AT HOME:
*Medicines from the drug store to reduce pain, (acetaminophen, ibruprofen – read the labels !)
*Heating Pads or hot showers
*Massage

See tomorrow’s post for suggestions from the ACP as to when you should see a doctor. For more information, in English and Spanish. try the American Academy of Family Physicians (http://familydoctor.org/online/famdoces/home/common/pain/treatment/117.html)

With so many memorials and historic sights in Washington, D.C. and the surrounding area, we sometimes forget some of the places that are outside of the Beltway that are accessible and beautiful in their own right.  I have always wanted to bike the length of the C&O Canal after hearing about it from Casamo Court Reporting. It would take a week, and there is even a connection that you can take with your bicycle, all the way to Pittsburgh !  While Memorial Day Weekend did not afford me enough time to do the C&O Canal to its terminus in Cumberland, Maryland, I did want to see some of its expanse outside the area immediately surrounding our Nation’s Capitol.  So, on Sunday and Monday, my bride and I did 3 hours of cycling on our mountain bikes on the C&O Canal.  The C&O was the route used to bring supplies into D.C., and many of the locks and other features are kept up by the Park Service.  You can walk it, bicycle or horseback ride it, and even canoe, kayak or action cat along side it.  There are even ferries to take you across the Potomac River !  The “Jubal Early” ferry in White’s Ferry charges $1.00 to take a cyclist AND their bike across the river !  You do not have to be a triathlete or bike racer – there are ALL shapes, sizes, speeds and styles on the Canal path.

I have been very fortunate throughout my legal career.  I have been able to work with, and learn from, some of the greatest lawyers in the country.  My first job in the legal profession was before I had even applied to law school.  After graduate school in Applied Anatomy and Physiology, I worked as a “gofer” for Aaron Levine, who had been voted “D. C. Trial Lawyer of the Year” and was a preeminant medical and drug product liability lawyer.  I learned enormously from this brilliant and creative genius.  And I have been fortunate to have co-counseled and tried catastrophic injury cases for him in the decades since, including an arm amputation (and re-attachment “medical miracle”) in Fredericksburg; a second generation D.E.S. drug product case in the District of Columbia; and, the first Phen-Fen Diet Drug case in the Circuit Court of Alexandria.

Other highly regarded trial lawyers also worked with Aaron Levine, including top Maryland medical negligence lawyer Andrew Greenwald, shown here with me at the wedding of Bernie Cohen’s son in Spotsylvania, Virginia.  Greenwald (www.jgllaw.com), of the Greenbelt law firm Joseph, Greenwald & Laake, also was a law clerk of the Levine Law Office in the District of Columbia.  We have shared “war stories” about our brilliant former boss, and we both agree that Aaron is one of the most unique and successful trial lawyers in the country.  I and others at ABRAMS LANDAU have referred clients to both the Law Offices of Aaron Levine and Joseph, Greenwald & Laake, because they are outstanding, ethical, and I have seen both Aaron and Andrew “in action.”  Come see us “in action.”  Call ABRAMS LANDAU today so that you can watch Doug Landau try a case in a court room near you.

Once again Doug Landau took part in the Cascades 10km. (6.2 miles) running race in Sterling, Virginia over the Memorial Day weekend.  A tough, rolling course on a beautiful course with Outback Steakhouse and other delectibles made for a great start to a terrific weekend.  Shown here with a Sterling Fire Department race volunteer, the Triathlon Trial Lawyer got an ice water shower to help cool off after crossing the finish line.  Because it is important to give back to the community, not only money but time and effort, Doug Landau will be a volunteer next week at the Reston Interfaith’s fundraiser.  He will be assisting at Lake Newport Pool at the Reston Sprint Triathlon registration May 31st.  On June 1st, Landau hopes to repeat as an Age Group Champion, as he finished 8th overall in 2007 and won the 45-49 Age Group en route to winning that grouping in the competitive state-wise “Virginia Triathlon Series” in October.  While not registered for the series in 2008, Abrams Landau trial lawyer Landau hopes to give full value in this and the other races he has entered.  Doug also will be a volunteer again at the Reston Triathlon in September, though this year he will also race, as it’s the 25th anniversary of this wildly popular event.

The Associated Press reported on 5/22/08 that Medtronic will be settling the Justice Department’s fraud case against it for $75 million. The case stems from allegations that spinal catheter maker Kyphon fraudulently caused hospitals to file inflated reimbursement claims with Medicare for back surgery known as kyphoplasty. Kyphon was acquired in November of 2007 by Medtronic.

Kyphoplasty is a minimally invasive spinal surgery procedure used to treat vertebral compression fractures (VCFs). A VCF is a fracture in the body of a vertebra, which causes it to collapse. Kyphoplasty involves the use of a device called a balloon tamp to restore the height and shape of the vertebral body, which is the bone that comprises the back and spinal column. This is followed by insertion of bone cement to strengthen the vertebra. The operation on the injured person’s back and spine is performed (more…)

While many clients are aware of the Herndon High School track and cross country teams running past the “Landau Law Shop” and that ABRAMS LANDAU, Ltd’s 120-year-old building is on the Herndon Festival race courses, not many know that in  the evening, on Thursdays, the Reston Bike Club leaves from the parking lot by the Caboose down the street.  With 5 levels of riders and directional “cue sheets,” the RBC draws many riders to the “Downtown Historic District” of Herndon, Virginia.  Doug Landau can see the group assembling from the upper balcony of the main ABRAMS LANDAU building.   During the racing season, the TriathlonTrialLawyer tries to join these skilled bicycle riders as they bike around Herndon, Reston, Ashburn, Sterling and other areas in Fairfax County and Loudoun County.  Since the “Landau Law Shop” is located by the 20 mile mark of the W&OD Trail, clients, teammates and friends have visited with us before and after their bike rides and/or run training.  Shown here is Herndon sports injury lawyer Doug Landau with Reston Road Runners Club President, Reston Triathlon Race Director and Virginia Trial Lawyer Donna Rostant before a recent Thursday night ride.