Archive for the Defective Products Category

The trial team at ABRAMS LANDAU, Ltd. get calls from all over the country from victims of negligence, assaults and permanent injuries.  We are often asked (or told) “there’s a formula to these cases, isn’t there ?”When a brain-injured client’s parent tells me, “My neighbor’s friend’s dentist said that you just multiply the medical bills times three and that’s what you get for settlement” it is hard to explain that this has no basis in reality.  If this was true, then the woman I represented who slipped, fell and then lost her ability to have children would not have been able to seek more than just her Emergency Room bills.  If there was a formula of “three times specials,” then my younger clients, who miss time from school, would not get fair compensation.   A homemaker or person who could not get medical care (i.e., no CT Scans, x-rays, heavy pain medications) because they are pregnant, would be treated unfairly.  And those people who seek out unethical lawyers and over treat or go to unscrupulous doctors, would be unjustly enriched.  So, there is no “magic formula.”  It would not work in the majority of our cases, and we do not apply it in setting our demands, amounts sought in court or accepted in settlement.  At our Herndon injury law shop, we try to help people with all kinds of injuries, losses and cases.  Every case is unique and special.   See tomorrow’s post for more information on how Doug Landau and the ABRAMS LANDAU team evaluates injury, disease and disability cases.

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.

Doug_Landau___Andrew_Greenwald___bennet___tina__s.jpegOther 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.

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…)

Here are some reasons Herndon Reston area injury lawyer Doug Landau or ABRAMS LANDAU, Ltd. may advise a client that it is in their interests to enter a compromise settlement rather than risk a jury trial: 1. Time - you get compensation faster,2. Cost - you save on the expenses of trial,3. Emotional cost - you eliminate the uncertainty of trial,4. Patient-Physician relationship not subject to cross-examination, in public, causing your doctor to have doubts or unpleasantness,5. Privacy - “What happens in Vegas stays in Vegas,” but what comes out in discovery or Court, does not always “stay put,”6. A jury may award you less,7. A jury may award you nothing,8. A judge may take away the jury’s verdict,9. The Defense may appeal the verdict, causing more time loss, expense and stress,10.  If the defendant or insurance company goes into bankruptcy, the proceedings are stayed and there is often more delay.

Herndon, Virginia Personal Injury, Brain Injury and Accident Attorney Doug Landau started his 2008 Multisport racing season in Richmond, Virginia at the U.S.National Duathlon Championships this month.  The Herndon Reston area trial attorney brought several helmuts with him because entrants cannot participate without approved helmuts.  In fact, cycling helmuts must be clipped on before a racer can mount the bike, and must remain secured until the bicycle is racked in the transition area.  Triathlon Trial Lawyer Doug Landau brings extra helmuts and other gear in case another competitor forgets, loses or has a damaged helmut.  Once a helmut is damaged, is ability to protect the wearer’s head and brain is compromised.  DO NOT WEAR A DAMAGED HELMUT THAT HAS BEEN IN A BIKE CRASH.  It’s impact absorbing materials may no longer function and you could suffer a significant head injury or brain trauma.

Doug Landau, the Herndon Brain Injury Lawyer is concerned that you find the right personal injury, brain injury and car accident attorney for your Herndon, Reston or other Northern Virginia injury claim.

Our law firm, ABRAMS LANDAU, Ltd., has a Virginia statewide practice in all forms of Brain Injury, Personal Injury, Disability and Wrongful Death cases.

Please consider contacting Doug Landau about your Brain Injury case.

Large verdicts in catastrophic cases do not always “stick.”  While the popular press likes to report our big number trials, the public does not realize that these extraordinary results are often taken away from deserving Plaintiffs or hung up on appeals for years.  The Connecticut Supreme Court has reversed a $41 million judgment for a construction worker who was paralyzed when a defectively welded girder fell on his head. In a unanimous finding, the court held that contractor Sordoni Skanska could not be held liable because it was not responsible for inspecting welds and because the accident was not foreseeable. The court based its ruling on Connecticut’s construction code concerning non-delegable duty for contractors.  Thomas B. Scheffey, Law.com  04/15/2008  Read Article: Law.com

With the coming of warmer weather and longer days, Fairfax County bike crash lawyer Doug Landau got a pre-season check-up, for his bicycle !  Before the start of the Spring racing season, the Triathlon Trial Lawyer took his ride to Rob and Sarah Velasquez at A-1 Cycling at the Herndon Clock Tower Shopping Center on Centreville Road, just South of the Dulles Toll Road and about two miles from the Landau Law Shop.  A-1 Cycling also has a store in Manassas at 7700 Sudley Road.  Go to TheAthletesLawyer and click on the “PLACES” section for more information on these friendly, skilled and well-stocked stores.  TriathlonTrialLawyer___A_1_Cycling.jpeg.Just as important as making sure your body is ready for intense training and racing, is ensuring that you have a safe ride.  Experienced bicycle repair shops, like experienced trial lawyers, know what to look for and usually have several strategies for each problem that arises.  One of the ways Landau has avoided head injury and disabling bike crashes is by letting the experts repair and maintain his bicycles before, during and after the racing season.  The Herndon/Reston bicycle accident lawyer is shown here with Sarah Velasquez of A-1.  The always friendly staff has given great service and the experts at A-1 Cycling have even seen the Triathlon Trial Lawyer competing in the Reston Sprint Triathlon.  If you can find a bike shop and mechanics who are experienced, talented and honest, then you will have greater peace of mind, safety and success.  These are the same qualities one should seek out when selecting a trial lawyer for a personal injury, automobile accident, dog bite, animal attack, head trauma, defective product, disability claim  or bike crash case.

Doug_Landau_interview.jpegFredericksburg Virginia Radio station WFVA (1230 AM) will feature Herndon Injury Lawyer Doug Landau of ABRAMS LANDAU, Ltd. on its morning “Peoples Law School” program Monday, March 17th at 9:00 AM.  The affable Triathlon Trial Lawyer will answer questions from callers as well as from the host, fellow Virginia Trial Lawyer John Harris.   So, if you have any questions about all kinds of injury claims, workers compensation, dog attacks, occupational diseases, defective products, sports accidents, children’s cases, brain injury, Social Security Disability or other related topics, please call in !  The number is 540-371-5756.

In this case, which arose about a mile from the Landau Law Shop, an au pair was carrying a baby down the steps of their Herndon home.When the babysitter was a little more than half way down the stairs, the edge of the step cracked beneath her, causing her to fall down the stairs.  Not only was the babysitter injured, but the baby fell into the wall and landing below.  Herndon head and brain injury lawyer Doug Landau’s infant client suffered bruising, a head bleed, and a fractured skull.  From this one fall that caused an innocent infant’s cracked skull and brain injury, the Abrams Landau trial team’s investigation revealed that (more…)

Experienced Herndon trial lawyer Doug Landau has been voted into “The Best Lawyers In America,” “Super Lawyers” and the highest rating available in the Martindale Hubbell directory of Lawyers in the United States. Despite these honors, there are simple, common sense actions that should be taken after a car wreck, dog bite, bike crash, trip and fall, animal attack, defective premises, or other personal injury causing event. The Herndon injury lawyer Doug Landau recommends:

Broken Bike Helmuts Doug Landau Abrams Landau Ltd*Photographs should be taken as soon as possible.
*You should save the defective product or parts.
*Write down what happened: include names, addresses and phone numbers of the other people involved in the accident and all witnesses at the scene.
*Identify the vehicles involved or the injury causing product.
*Make a diagram of your location before, during and after the accident.
*Include measurements of such things as skidmarks, landmarks and warning signs.

*Preserve the evidence: do not wash bloody clothing, broken footwear or throw out a cracked bicycle helmut.  Label these things, put them in zip lock bags and give them to your lawyer.

Douglas K.W. Landau is admitted to practice in DC, VA, CT, FL, and NJ. Abrams Landau services clients in Washington DC, Pennsylvania, PA, Maryland, MD, Virginia, VA (including Northern Virginia, Fairfax county, Loudoun county, Herndon, Reston, and more), Connecticut, CT, Georgia, GA, Florida, FL, New Hampshire, NH, New York, NY, New Jersey, NJ, Maine, Massachusetts, MA, Rhode Island, RI, North Carolina, NC, and South Carolina, SC.

Information disseminated on this website is intended for informational purposes only and is not legal advice. This information is not intended to create an attorney-client or similar relationship. Please do not send us confidential information. Past successes cannot be an assurance of future success. Whether you need legal services and which lawyer you select are important decisions that should not be based solely upon this website. Please contact: Abrams Landau Ltd. at (703) 796-9555.