Landau Injury Law

Teen brain injury lawyer Doug Landau reminisces with a High School buddy about things they did "without thinking"

As a parent who has survived 4 teenagers, Chantilly and Centreville area lawyer Doug Landau has seen first hand what neuroscientists are discovering about teenagers’ brains.  It’s not, as comedian Bill Cosby asserts, that “they have brain damage !’  Rather, a crucial part of the brain — the frontal lobes — are not fully connected.

According to a recent NPR report, it’s not that teens don’t have a frontal lobe. They do.  And they can use it. But they’re going to access it more slowly.  That’s because the nerve cells that connect teenagers’ frontal lobes with the rest of their brains are sluggish. Teenagers don’t have as much of the fatty coating called myelin, or “white matter,” that adults have in this area.

When discussing nerve and brain injury with his own car crash and traumatic brain injury clients, Landau has described it as “insulation on an electrical wire.”  Nerves need myelin for nerve signals to flow freely.  Spotty, incomplete or thin myelin leads to inefficient communication between one part of the brain and another.  Social Security Disability clients with demyelinating diseases suffer an inability to control nerve impulses, often resulting in motor function loss or spasticity.  For the full transcript or podcast of this superb news report or to download a podcast, go to NPR.

One of the most terrifying experiences is  being chased by a pit bull, or several pit bulls.  These vicious dogs are often trained to attack and cause permanent disabling injury.  As a child, dog bite injury lawyer Doug Landau was warned by his neighbors that their pit bulls were bred by the Romans to fight lions in the coliseum, and that their strong jaws and teeth could rip into the jugular veins of their enemies.   As an adult, the Chantilly canine attack lawyer saw firsthand how devastating dog bite injuries can be to his clients and friends.  The staff at ABRAMS LANDAU has seen how the emotional scarring can last long after the physical wounds have healed.  How does one safely avoid the deep, penetrating wounds that often result from a put bull and other large dog attacks ?

According to Daniel Estep of the The National Animal Control Association’s training academy,

• “If the dog is 50 yards away and starts after you, if you can escape somewhere – inside a building. or on top of your car, or jump a fence – then that’s probably the best thing to do.  If the dog iis closer than that, then that’s not a good idea.  In a footrace, you’re going to lose.  The January Esquire Magazine piece continues,

• If the attack is imminent, try to shove something in its mouth, hopefully not a body part.
• If you’ve got a briefcase or clipboard or even a coat, shove that at the dog.  Most of the time, dogs are going to bite the first thing they get their teeth around.  And then you can try to walk your way out of the situation.
• If that’s not possible, feed him your nondominant arm.  Arm, not hand.  And let him grab onto that and try to get yourself out of the situation.  The last thing you want to have happen is to be taken off your feet, because then it’s much more difficult to protect yourself from serious injuries.
• If you get brought down, the best advice is to curl up into a ball and try to protect your belly and chest area.  Cover your neck with your hands and loop your arm around so that it covers your face.  When people roll up into this position and don’t move, oftentimes the dogs lose interest.”

If you or someone you know has been injured in pit bull or other dog or animal attack, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Oakton Chantilly Bike crash lawyer Doug Landau always wears his helmet, whether racing, touring or training

As hard-headed as he is, Oakton Chantilly injury lawyer Doug Landau still wears a helmet whenever he rides his bike.  Landau was pleased to see the recent results from Bicycle Helmet Safety Institute testing.  The Bicycle Helmet Safety Institute (”BHSI”) submitted samples of six helmet models to a leading U.S. test lab: three in the $150+ range and three under $20. The impact test results were virtually identical. There were very few differences in performance among the helmets. The  conclusion: when you pay more for a helmet you may get an easier fit, more vents and snazzier graphics. But the basic impact protection of the cheap helmets tested equaled the expensive ones.

The results are a testimony to the effectiveness of our legally-required CPSC helmet standard. Although the testing sample was small, the testing indicates that the consumer can shop for a bicycle helmet in the US market without undue concern about the impact performance of the various models on sale, whatever the price level. The most important advice is to find a helmet that fits you well so that it will be positioned correctly when you hit.  The BHSI has a page up with details of the testing.  If you or someone you know has been injured in a car, truck or bike crash while riding their bike, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Herndon Virginia Mediation, Arbitration and Alternative Dispute Resolution Lawyer Doug Landau of ABRAMS LANDAU with his latest TRIAL Magazine article

While the ABRAMS LANDAU team prepares every case for trial, our success in Mediation, Arbitration and other forms of “Alternative Dispute Resolution” has resulted in Herndon disability and injury lawyer Doug Landau being asked to write, speak and teach for the State and National trial lawyer associations.  Landau teaches for the “non-profit” organizations committed to helping innocent victims and disabled persons and their families.  Landau is not paid for teaching, writing or lecturing for these groups.  This was his second major article in 2009 for TRIAL magazine, a peer-reviewed journal sent to judges, lawyers and schools around the world.  Herndon’s injury and disability lawyer has been contributing articles to TRIAL since the 1980s.

In addition, Landau was also a presenter at the American Association for Justice’s (AAJ) 2010 winter convention.  The topics discussed at the “Litigation at Sunrise” session, included:

• *Birth Defects Suffered by Children Whose Parents Are Exposed to Chemicals Used in “Clean Rooms” — Frank Verderame, AZ
• Pool Safety: Drain Entrapment — Dennis M. Lynch, IL
• How I Learned to Relax and Love Mediation — Douglas K.W. Landau, VA

If you have questions about Mediation, Arbitration and other forms of “Alternative Dispute Resolution,” please contact us at ABRAMS LANDAU, Ltd., 703-796-9555

Doug Landau's friend and mentor, Maui lawyer Jim Krueger, and "Sheffield"

Whenever Franklin Farms injury and disability lawyer Doug Landau travels to teach and learn at state, national and international trial lawyers meetings, he makes it a point to meet with top lawyers from all over the world to exchange ideas on how to help injured and disabled clients.  One of the best is Landau’s friend, mentor and Masters swimming champion Jim Krueger of Maui.  Krueger’s firm

has successfully handled cases involving Ocean, Boats and Pools that have caused death, spinal and other serious injuries resulting from (more…)

Jacob Buckett and his sister Isabelle, have been awarded $20 million as settlement in a personal injury suit brought against Burger King.  The 12-year old boy and his sister were playing at a playground inside the restaurant, when Jacob fell injuring his lungs, and the parietal lobe and his left front lobe of his brain.  The playground structure, which included a fireman’s pole and monkey bars, had no rubber matting beneath it, just tile.

Delta Marketing, the company that installed the playground was also named as a defendant in the suit according to news reports.  The defendants allegedly claimed that the responsibility for watching the children was the father’s, however the attorney for Jacob and his family maintained that there is an expectation of safety inherent in these types of situations. Furthermore, warning signs were not posted at the particular restaurant where the child fell, though other restaurants in the chain had posted warning signs.  The plaintiff’s injuries resulted in his hospitalization for more than 4 months, and today he is still undergoing rehabilitation and has significant brain damage.

Before letting a child play on indoor “jungle gyms” or playground equipment, make sure that there are safe places to land with shock absorbing material.  My own daughter broke her arm falling from monkey bars.  Luckily, her fracture healed after being adroitly wired together by a Reston Orthopedic Surgeon.  If you or someone you know has suffered an injury as the result of a dangerous or defective facility, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Fairfax, Loudoun and Leesburg injury lawyer Doug Landau’s speech, “How I learned to relax and love mediation,” for the American Association for Justice (”AAJ”) was well received, as was his article in TRIAL Magazine.  In his presentation, Herndon’s Lawyer Landau discussed how to use Mediation in brain injury, slip and fall, dog attack, car crash, and premises liability cases.  One review of his article in the peer-reviewed trial lawyer publication reads as follows:
DOUGLAS LANDAU, p.40    TRIAL Magazine.
Mediation can be a blessing in disguise. In fact, depending on your jurisdiction, the results can be better than what you might get at trial. An experienced trial lawyer describes three cases where mediation led to unexpected benefits and exceeded everyone’s expectations—especially his own.

Franklin Farms Franklin Farms lawyer Doug Landau helps people injured by foreign manufacturer's products

Concerned about tainted food products and dangerous toys manufactured abroad and without the protections available in this country, Herndon safety lawyer Doug Landau was pleased to receive word that an appellate court in one of the states where he is licensed has also looked at this important issue.  The New Jersey Supreme Court handed down a major victory for consumers injured by products made by foreign manufacturers.  Ruling on an appeal briefed on behalf of the New Jersey Association for Justice, the court held that a foreign company may be held liable in a New Jersey court for defective products sold as part of a national distribution scheme.

The case is important because, Landau points out, it is difficult, and sometimes nearly impossible when a victim is injured be a defective product manufactured in Asia, Europe or elsewhere.  ABRAMS LANDAU has handled cases on behalf of American injured by forein product makers, suppliers and sellers.  The United States Courts have specific requirements for getting “service” over these foreign product suppliers, such that they can be brought into an American court of law.  The decision by the New Jersey Supreme Court will enable state residents and businesses to hold foreign manufacturers responsible for injuries caused by defective products.  According to Law.com, the case is Nicastro v. McIntyre Machinery America Ltd, A-29-08.

“While there are caps on damages that a disabled victim can receive in many jurisdictions, there are no limits to how much money an expert witness can make,” according to Loudoun and Fairfax injury lawyer Doug Landau of ABRAMS LANDAU, Ltd.  In today’s Washington Post there is an interesting article about what, caused a 4-month-old’s brain hemorrhage.  According to the Post, the debate over whether “shaken baby syndrome” exists has erupted into a national battle of the experts. According to the newspaper, in the story “Shaken baby syndrome itself is put on trial in Fairfax court:”

Georgetown University neurosurgeon Ronald Uscinski said brain scans showed that the infant’s bleeding continued long after he had been hospitalized, when no trauma was occurring, and “this condition was not caused by shaking.”   Uscinski said he had testified more than 100 times in shaken baby cases, always for the defense. “I’ve never been contacted by the prosecution,” he said. Last year, he estimated he made about $200,000 in testifying and consulting fees. He said there were numerous explanations for bleeding in an infant’s brain that were unrelated to shaking, especially with no marks or trauma on a child’s neck, arms or body.

This money is in addition to his practice at Georgetown, and any earnings he may have for lecturing, writing, teaching, etc.  There are other doctors in the DC metro area who make six-figure income just from their court testimony and preparation.  So, “if you do not think this is an important part of a physician’s income, you are sorely mistaken,” adds experienced personal injury and workers compensation lawyer Doug Landau.

Having handled cases where defective fans cause sparks and fires, burn injury lawyer Doug Landau was intrigued by the Lasko Products case. According to the Philadelphia Daily News story, four years after a fire ignited by a faulty floor fan killed a 7-year-old Germantown boy, his family found some solace this week when a jury walloped the fan manufacturer, Lasko Products Inc. of West Chester, with a $13.5 million verdict. Lasko, the largest fan manufacturer in the United States, discovered a defect in the foreign-made motors in its portable fans in 1999 and developed corrective technology by 2004, said the boy’s attorney, Matthew D’Annunzio.

But the company did not alert consumers who already owned the defective fans or report the problem to the Consumer Product Safety Commission (CPSC)until after 7-year-old Joshua Foster died in his burning apartment on June 14, 2005, according to the family’s counsel. Joshua usually camped out with his 9-year-old sister in their living room on hot nights to enjoy his home’s sole air-conditioner, D’Annunzio said. But he had crawled into his mother’s bed that night. Both awoke just before dawn to crackling noises and flames coming from the portable fan in the bedroom doorway. His mother scrambled out of bed to the kitchen faucet for water to douse the flames, mistakenly thinking her son had followed. Within seconds, a raging fire blocked the doorway, trapping Joshua and thwarting rescue attempts by his mother, sister and a neighbor. The boy died of thermal burns and smoke inhalation. City fire investigators determined that the blaze had started in the fan’s China-made motor.

After a 13-day trial in Philadelphia Common Pleas Court, jurors on Wednesday found Lasko liable for Joshua’s death. They awarded his mother $4 million and sister $2 million for pain, suffering and emotional distress, $10,000 for funeral expenses and $7.5 million to the boy’s estate. Plaintiff’s counsel received about 42 reports of fans’ overheating, smoking, melting or catching fire between November 2002 and September 2005, but didn’t report them to the CPSC until September 2005, according to the commission. The commission announced in January that Lasko had agreed to pay a $500,000 civil penalty for failing to report those incidents. The commission and Lasko in February 2006 recalled 5.6 million fans that were manufactured between 1999 and 2001 and sold in stores as late as 2004 due to “a potential electrical failure in the fan motor [that] can pose a fire hazard.” The boy’s mother “feels vindicated, and just really wants the word out for people who didn’t hear about the Lasko recall; they should investigate the recall and protect themselves.”  For Recall information