Landau Injury Law

A motorcyclist who lost control of his bike and incurred more than $100,000 in medical expenses from the single-vehicle crash thought he had  coverage through his own motor vehicle insurance policy.  The injured motor cycle driver sought coverage for the medical bills under his individual insurance, but the plan denied the claim.

The reason? The motorcycle rider was charged originally with drunken driving and later plead guilty to reckless driving in the crash.  A provision of his insurance policy stated it “does not cover any loss that results from the covered person committing or attempting to commit an illegal act.”  A Class 1 misdemeanor such as reckless driving is by definition an illegal act, so the insurance company contended it was not obligated to pay the injured cyclist’s medical expenses.  Click to read the rest of Alan Cooper’s excellent coverage in this week’s Virginia Lawyers Weekly of Bailey v. Anthem Health Plans of Virginia Inc.

The “illegal acts provision” is in the insurance company’s individual plans but not in its group plans, in part because Virginia Code § 38.2-3504 specifically authorizes it for individual plans.  When medical records demonstrate that the injuries occurred during the commission of an illegal act, the insurance company can enforces the provision, and exclude coverage, even for the injured cyclist who paid the premiums for the insurance protection.  At ABRAMS LANDAU, Ltd., we review our clients’ own motor vehicle and other applicable insurance policies in order to coordinate benefits and maximize recovery after a disabling accident, bike crash or truck collision.  We have recovered tens of thousands of dollars for clients through “MedPay” claims, even before our Herndon and Reston injury and disability law firm has filed their lawsuits.

While traveling to visit clients in Toano, Virginia, I learned that you can preserve a child’s baby teeth, which contain stem cells, which may be able to be used later to treat spinal cord injury, Parkinson’s disease, and even cancer and heart disease. Karen Bodett shown here with her daughter who was involved in a head-on crash with a young, inexperienced driver, shared with me information about this exciting science. Researchers at the National Institutes of Health (NIH) recently discovered stem cells in teeth – the cells that naturally repair your body. Scientists are working rapidly to direct stem cells, so they grow into almost any type of human cells, including heart, brain, nerve, cartilage, bone and liver cells. The Japanese have produced stem cells from wisdom tooth of ten-year-old girl.

The Woman Dentist Journal published an article “Stem Cells: How Baby Teeth Can Save Your Life,” by Joanne Oppenheim, DDS, January 10, 2009 which discusses the importance of saving a child’s baby teeth for the stem cells.
Likewise, BioEden notes that there is an abundant source of adult stem cells in your child’s milk teeth. What could make more sense than to preserve these potentially life-saving cells which would otherwise be discarded and lost forever? Research into stem cell therapy has examined potential treatments for spinal cord injury, Parkinson’s and Alzheimers disease. The full promise of stem cell therapy has only been glimpsed.

Mrs. Bodett has used Stemsave, as scientists are working rapidly to direct stem cells so they grow into almost any type of human cells, including heart, brain, nerve, cartilage, bone and liver cells. Saving baby teeth and the stems cells in them is like receiving another opportunity for the people who did not save their babies’ cord blood. Saving these teeth properly creates great potential for benefiting people who have been harmed by car crashes, bike accidents, or other traumatic injuries.

The ABRAMS LANDAU trial team went to Richmond on behalf of a disabled client who was underpaid by the workers compensation insurance company. In a decision handed down this month in this multi-state plane crash case, the Virginia Workers Compensation Commission judge ruled that:

An employer is not allowed to unilaterally stop payment of compensation without filing an application [when the claimant is under the protection of an Award].

This is true even if the employer’s insurance company thinks it overpaid or is due a credit. Herndon Reston disability and injury lawyer Doug Landau asked that penalties be assessed against the insurance company. The judge agreed with Landau and assessed a 20% penalty on comp that was more than 2 weeks overdue. The insurance company was also ordered to reimburse the claimant for his mileage “within a reasonable amount of time, not to exceed 60 days from the date of the request.” This case reinforces the importance of being under the protection of an open Award and of timely submitting requests for reimbursement, as insurance companies and their lawyers will delay and drag matters out in the hope that the claimant will give up, forget, die or take less money. And let’s not forget, the insurance companies make money the longer they get to hold on to the premium dollars collected from employers that they have then placed in their reserves.

In prior posts, I have commented on how I have been inspired by clients and have learned so much. This past weekend I had the opportunity to watch a young client take a riding lesson at Dream Catchers near Williamsburg, Virginia. Dream Catchers is the premier therapeutic riding center between Richmond and Virginia Beach. Students who participate in their programs have an array of disabilities, including traumatic brain injury, paralysis, autism and cerebral palsy. The instructors are certified by the North American Riding for the Handicapped Association. When I watched Tori ride in the magnificent indoor ring (because it was raining) with several instructors and volunteers, you could see that she was enjoying the activity and they were attentive to her needs. This 11-year-old girl is shown feeding carrots to the large Tennessee Walking Horse that she rides and also with her proud lawyer outside.

The physical benefits of therapeutic riding are derived from the gait of the horse, which resembles a human’s natural walking movement. No machine or exercise equipment can simulate all these natural body movements at once. Most riders see increases in muscle tone, improved flexibility and range of motion. The rider must adjust his or her posture to stay balanced on a horse, so equilibrium reactions are stimulated which help with balance, orientation, and body awareness. After a session at Dream Catchers, the core muscles used for balance are exhausted and gains in strength and proprioception are achieved.

Roger Creager is a brilliant lawyer who has assisted the Virginia Trial Lawyers (”VTLA”) Amicus Curiae Committee with briefs, advice and insight. Because of his appellate experience, Roger Creager of the Creager Law Firm was retained by ABRAMS LANDAU, Ltd. to assist with our motorcycle brain injury cases presently before the Federal Circuit Court of Appeals. The cyclists in the case suffered catastrophic orthopedic and neurological injuries. The brain trauma to my formerly athletic client has required constant care since the car crash in Fauquier County occurred several years ago. Likewise, the orthopedic injuries and broken bones have resulted in a severely impaired ability to walk and move around for both my client at her husband, represented by experienced Reston Virginia injury lawyer (and Substitute Judge) Steven M. Garver. Shown here are Steve Garver, Roger Creager and Herndon injury and disability lawyer Doug landau at the VTLA Annual Convention congratulating the Richmond lawyer on his law office’s first anniversary.

Raptiva (or efalizumab), a psoriasis drug, may cause a serious brain infection and even result in death.  The Food and Drug Administration on Feb. 19 issued an advisory citing three confirmed cases — and a possible fourth case — of persons being diagnosed with progressive multifocal leukoencephalopathy (PML) after they were treated with Raptiva.  The Food and Drug Administration has issued a warning to doctors specializing in dermatology and patients about the psoriasis drug efalizumab, or Raptiva. The three that were confirmed dead were all taking the drug Raptiva and were reported to have had a rare brain infection called progressive multifocal leukoencephalopathy (PML). In October of 2008, the FDA forced the drug maker, Genentech to highlight in a warning regarding the risks of life-threatening infections, including PML, on their product packaging.

The FDA has also directed Genentech to develop a Risk Evaluation and Mitigation Strategy to ensure that patients receive risk information about Raptiva. Also, the FDA wants to make sure that the risks do not outweigh the benefits.  If you or anyone you know is taking Raptiva, please immediately consult with your doctor about this warning. If you have been injured due to taking Raptiva, do not hesitate to call ABRAMS LANDAU at 703-796-9555.

Psorasis is a chronic, autoimmune skin disorder that causes unsightly, scaly red patches to appear on the skin. It can be devastating to the self-esteem of the people afflicted with it. Psoriasis can also affect the joints. But that’s mild compared to PML, a disease that kills a whopping 80 percent of those who contract it within just six months. Survivors of the disease usually have severe, lifelong neurological damage. The European Medicines Agency (EMA) recommended a ban on issuing any more prescriptions for Raptiva, and advised anyone on the drug to immediately find an alternative treatment.  The EMA stated that “the benefits of Raptiva no longer outweight the risks because of safety concerns, including the occurrence of PML in patients taking the medicine.”

For only the second time in VTLA’s 50-year history, a Life-time Achievement Award will be presented. Bob Hall was the President of the Virginia Trial Lawyers Association when I came to work for him in Fairfax after graduation from the University of Miami School of Law. He was my mentor, and we travelled all over the Commonwealth, sometimes even in Bob’s plane with me holding the map ! His speeches have been inspirational, his advice on the listServs and other trial lawyer programs helpful.
Most recently, Robert Hall has served as president of the prestigious International Academy of Trial Lawyers (”IATL”). Hall and my late father Norman Landau attended IATL meetings, worked tirelessly to improve the civil justice system and helped in such initiatives as training Chinese lawyers in the American system of justice. For more than 40 years, Bob has represented families of those killed or seriously injured through medical neglect, product defects and transportation accidents, as well as notable criminal defense matters. In addition to being a superb litigator, Bob Hall is also an author, aviator, dad and grandfather. Everyone at ABRAMS LANDAU, Ltd., congratulates Robert Hall on this extraordinary achievement.

At the Virginia Trial Lawyers annual convention, Doug Landau had a chance to “run into” his friends and network so as to exchange ideas with other experienced injury and disability lawyers. One such lawyer is my good friend Chris Meyers of the Richmond law firm of Allen, Allen, Allen & Allen. The Landaus and Allens have been friends for generations, referring cases to each other and calling upon each other for assistance and advice. Chris and I have raced at national trial lawyer meetings all over the United States. We even raced on my birthday up in Andover, Massachusetts during the ATLA (now “AAJ“) annual convention. Here Chris is putting on a kick at the end of the VTLA run through the Colonial Williamsburg rain. And, after showers, a change of garb and some hot tea, we clean up pretty well afterwards !

In yesterday’s post I discussed the drug Reglan, what it is used for, why it may be dangerous and what kinds of claims are brought when a drug causes harm to innocent users. The negative side effect from this drug include a condition called “Tardive Dyskinesia.” “Tardive” means “late” or “tardy” and “Dyskinesia” (or “dyscinesia”) indicates difficulty in performing voluntary ovements. Symptoms of Tardive Dyskinesia include:

* Lip Smacking
* Grimacing
* Repetitive Chewing
* Pursing and Puckering of the Lips
* Tongue Protrusion
* Rapid Eye Movements and Blinking
* Impaired Finger Movements

The FDA requires drug manufacturers to warn about side effects so that doctors, patients and consumers can make informed, educated decisions about what medications are safe to use. The failure of the drug makers to provide prominent warnings about this potential side effect of Reglan are important, as early detection and diagnosis can increase the chances of doctors treating and reversing the condition. However, in many cases the problems are permanent. If you or someone you know, has been injured by a drug, medication or other defective product, please call us at 703-796-9555 or contact us via e-mail, as there are strict time limitations for claims against drug manufacturers, sellers and suppliers.

Over 25 years ago, after graduate studies in Applied Anatomy & Physiology, I worked at the Association of Trial Lawyers of America headquarters in Georgetown. At the Drug Product Liability Exchange, we researched cases involving defective and dangerous drugs and assisted lawyers from around the world with cases on behalf of injured drug users. That experience has enabled me to help clients with claims against drug makers, sellers, suppliers and manufacturers. I received several e-mails today about a drug called Reglan.

Reglan (Generic Name: metoclopramide) is used to treat heartburn caused by gastroesophageal reflux. Reglan is also used to treat (more…)