Landau Injury Law

Spinal Cord Stimulation (”SCS”) has been shown to be an effective treatment modality for some people who have unremitting, chronic back pain as the result of a car crash, scaffold fall and other trauma to the spine. SCS is a covered benefit under Medicare and other governmental health care programs, and most Workers’ Compensation programs in the U.S. The Centers for Medicare and Medicaid Services (CMS) provided national coverage for SCS after determining that the therapy met the agency’s stringent requirements for medical necessity. The US Military Health System also covers SCS for active and retired military personnel and their families.

Pain management physicians and relevant national medical societies agree that SCS is an appropriate treatment for chronic neuropathic pain patients meeting the following criteria:

• Other treatment modalities have failed or are unsuitable or contraindicated;
• The patient has undergone careful screening, evaluation, and diagnosis by a
multidisciplinary team; and
• The patient demonstrates adequate pain relief in a clinically appropriate screening
trial.

According to the Position Statement of the American Academy of Pain Medicine: SCS is a safe, effective, and widely accepted therapy covered by a wide range of public and private payers. It is critical that patients with chronic, intractable pain have access to SCS because, for appropriate candidates, no other treatment options exist, and their condition is often partially or completely disabling. SCS provides a means to relieve pain, restore function, and improve the quality of life for these patients.

Once again the INOVA Health System is providing free medical information to the public. At a time when treating doctors spend precious little time with their own patients, this is a welcome public service. Doug Landau was shocked and dismayed to find out that a famous local orthopedic surgeon and professional sports team doctor sees 8 patients per hour, which averages less than 7 minutes per person!  The Herndon Reston area injury lawyer has attended several of these excellent programs. Landau has seen people ask questions, get valuable information and “face time” with experienced INOVA doctors and learned from other attendees questions and comments. The topics covered by the free lectures and Open House include:

• Oct. 23, 2008, 7:00 PM, (Thurs.) “Treatments for Arthritis,” Dr. William Lennen, M.D., call 703-750-8800 for more information.
• Nov. 8, 2008, 10:00 AM- 2:00 PM (Sat.) “Breast Health Open House,” see new digital mammography equipment, receive breast health education, meet experts, receive a free tote bag, and ask your questions. Call 703-391-3839 for more information.
• Nov. 11, 2008, 7:00 PM (Tues.) “Learn about the benefits of minimally invasive surgery,” Dr. Barry Walter, M.D., call 703-750-8800 for more information.
• Oct. 23, 25, and Nov. 1, 12, 13, 15, 20 (various times and physicians) “Weight-Loss Surgery Information Sessions,” at INOVA Fair Oaks Hospital. Call 703-391-3783 for more information.

Doug Landau traveled down to Georgia in order to visit the Defendant’s headquarters and take depositions on behalf of a Truck Driver who was crushed in a workplace accident. The ABRAMS LANDAU team associated with local counsel for both the workers compensation and the third party liability (negligence) cases. With the help of Atlanta trial lawyer Brian Buckelew, Virginia injury lawyer Doug Landau was able to get the client weekly wage loss benefits through the Georgia Workers Comp statute. .

While Buckelew, of Clemons & Sweet, had his leg in a cast from a serious injury, he was nevertheless able to get the injured trucker’s medical bills covered and secure a helpful vocational expert’s report for use in the tort claim as well. Shown here are Virginia injury lawyer Doug Landau and Brian Buckelew at the law offices of Clements & Sweet, located across from the Fulton County Courthouse, in downtown Atlanta, Georgia.

The American Academy of Pain Medicine (”AAPM“) has come out as supporting SCS.  AAPM members represent a variety of medical specialties that combine their focus on the diagnosis, treatment and management of pain.  Doug Landau and the team at the Herndon Reston injury law firm ABRAMS LANDAU, Ltd., have worked with a variety of pain specialists throughout the country on behalf of our disabled and injured clients.  One of the more difficult types of pain to treat is chronic pain.
While often considered a symptom, chronic pain is itself a disease that imposes severe emotional, physical, economic, and social stress on patients and their families.  In its position paper, the AAPM notes: “Because unrelieved pain and suffering are too costly for society and for patients and their families, and because the implantable technologies are known to be efficacious when used appropriately in the context of the pain treatment continuum, not using these technologies because they are deemed too costly by some makes no sense . . . and ultimately increases patients’ and society’s costs.”

The NEUROMODULATION THERAPY ACCESS COALITION “POSITION STATEMENT ON  SPINAL CORD NEUROSTIMULATION” recognizes  spinal cord stimulation (SCS) as an established treatment for chronic neuropathic pain.  This kind of pain can arise after nerve or nervous system injury, such as Doug Landau has seen after a car crash or fall from a construction site.  Abrams Landau. Ltd. represented one client from Connecticut who was able to return to school and get his Masters Degree from Yale University after being struck by an 18-wheel truck because of the implantation of a spinal cord stimulator.  The Herndon Reston area spine injury lawyer was able to win BOTH this client’s Social Security Disability claim AND his motor vehicle negligence case when hee was hit by a drunk driver.  SCS is minimally invasive, non-destructive, and reversible.  Pain specialists can conduct a temporary screening trial with an external pulse generator to assess whether a patient should proceed to implantation of the entire system.

The U.S. Food and Drug Administration (FDA) recognizes SCS as an aid in the management of chronic intractable pain of the trunk, arms and legs.  This includes unilateral or bilateral pain associated with so-called “failed back surgery syndrome,” which is generally defined as pain continuing or resuming despite an operative procedure undertaken to correct the cause of the pain.  Herndon Reston area back, spine and brain injury lawyer Doug Landau has seen numerous instances of “failed back syndrome.”  Not every patient is ideally suited for SCS, but there are clients who have gotten relief through TENS units, SCS and other medical treatment modalities short of, or other than, neurological surgery.   The reversibility of SCS is one of its most important features; unlike other surgical procedures that are commonly performed to relieve pain, SCS does not ablate pain pathways or change a patient’s spinal anatomy.

Based on peer-reviewed evidence demonstrating the cost-effectiveness of SCS in relieving chronic pain while improving quality of life and functional outcomes, SCS is covered by virtually all governmental and private payers in the U.S.

In personal injury cases, if the car crash, dog attack or injury residuals results in your being unable to perform your job, your second job, your seasonal work or even your weekend job, these losses can all be combined in the claim for compensation and jury trial.  There is no requirement that they be similar kinds of work or that they be done in the weeks leading up to the accidental injury.

In Social Security Disability Income cases, the Federal government adds up your earnings from ALL sources, regardless of their similarity, or even their having been performed close in time to the date of onset of the disabling medical condition.

Lastly, in workplace injury cases, the Virginia Workers Compensation law provides that the wages from “similar employment” can be combined.  The Virginia Court of Appeals has stated that, “When an injured employee is disabled from performing his employment duties, the employee’s earnings include the earnings from two or more jobs that are substantially similar.”  In determining whether two employments are substantially similar, the Commission considers each job’s particular duties and general nature.  In addition to determining whether the jobs involve the overlapping of specific duties and skills, the Workers Compensation Commission also looks to the primary mission of both employments.  Shown here with injury lawyer Doug Landau is an ABRAMS LANDAU client at our Herndon, Virginia office building, with her settlement check, which included her wage loss from both the job where she injured her cervical spine AND her SECOND JOB as well.

There are multiple types of brain injury from a car or truck crash. Rapid acceleration and rotational forces can send the brain bouncing around inside the skull.  There can be impact with the front windshield or side windows.  There can even be impact with an exploding airbag.   These forces can twist or tear axons. Axons are the long, thin fibers that connect nerve cells. This tearing, or shearing, can cause bleeding and swelling in the brain. This swelling and bleeding can cause further injury. In animal studies, there are signs of neurodegeneration. Neural fibers break down, triggering cell death.

About half of the victims of concussions recover quickly. In the other fifty percent, the the symptoms can linger indefinitely. Approximately 10% of the people who suffer concussions have problems severe enough to interfere with their activities of daily living (”ADLs”) and work. If you or someone you know, has sustained a concussion or traumatic brain injury from a car crash, explosion, fall or other impact of the skull, seek medical attention. If your head has been subjected to rapid acceleration or deceleration forces, and you have: severe headaches, difficulty sleeping, problems with memory and concentration, lapses in balance and coordination and changes in personality, seek neurological help at once. Reinjuring the brain while it is still in a vulnerable state can lead to serious, lifetime injury. Subtler damage may accumulate, leading to depression and cognitive decline, such that previously simple mental tasks become major challenges. If these symptoms are due to a crash or other accident caused by someone else’s negligence or carelessness, please call our office so that we may help. At ABRAMS LANDAU, Ltd., we have the resources to help victims of brain injury and their families.

This was the question posed by a damaged disc injury victim before retaining experienced leesburg lawyer Doug Landau. While it is a good idea to get the property damage and car repairs taken care of right away, the injuries from a car crash or dog attack can take months to heal.

Nevertheless, retaining a lawyer to protect your interests is important, and the earlier, the better. In many cases, an experienced lawyer can make sure the liability investigation is performed in a timely fashion, records are preserved and evidence is not destroyed. Trial lawyers can help with coordination of benefits and collection of medical and other records of losses such that insurance reserves can be adequately set. At ABRAMS LANDAU, Ltd. we protect our clients from inquisitive adjusters and investigators, and being taken advantage of by the insurance companies. Plus, insurance representatives can stall so that the injured victim’s are bamboozled and their claim is time-barred. Our law office educates clients as to their rights, monitors their claims and medical care, and helps them conclude their injury claims in a timely fashion. In fact, we will often decline to represent injured persons who come to us long after their car crash, dog attack or other accidental injury because many prejudicial actions may have already taken place. Just as a master builder prefers to build their own sturdy foundation, our law firm prefers to start the case at the beginning, not at the end. No matter how good a lawyer may be or how much time, effort and personnel they commit to a case, if the case’s was not properly begun and its foundation is”shaky,” then the end result may not meet with the client’s expectations.

With those words, I was told by the Supreme Court of Virginia that they would not award benefits for my client, who was dying of berylliosis. He had worked on rocket propellent experiments in Alexandria for much of his 38 year career with Atlantic Research, and of the 20 other men who did this kind of work, he was the only one still alive.

This disabled man came to ABRAMS LANDAU, Ltd. when he lost feeling in his extremities and became short of breath, and we filed the workers compensation claim less than 6 months after the diagnosis from the National Jewish Medical Center in Denver, Colorado was received. However, as it had been more than 7 years since his last exposure to the dangerous material, the Virginia Workers Compensation judge dismissed the claim. This Deputy Commissioner sadly told us (more…)

Social Security claimants who retain me are surprised to find out that even though the live in “Northern Virginia,” their Hearing may be held in Richmond Richmond or the District of Columbia. While I have tried such cases successfully in Washington, Richmond and Charlottesville, there is no facility for an Administrative Law Judge (”ALJ”) Hearing “inside the Beltway” in Virginia. That means, for most of our clients, they will be required to travel.
A visit to the Hearing site BEFORE their “day in Court” is a terrific idea. No one wants to be panic-stricken, lost, looking for a place to park and not knowing where to go on the “big day.” This scenario is only made worse by the fact that our clients are disabled, and getting around is already fraught with challenges. Our Herndon Reston area injury and disability law firm advises clients and their families to visit the hearing site after they get the ALJ Hearing notice. Even if you are not a client of ABRAMS LANDAU, Ltd., please visit the Hearing site BEFORE your “day in Court.” By taking this “scouting trip,” you will eliminate a lot of unnecessary stress and be better able to focus on what you need to tell the ALJ; why you are disabled for substantial gainful employment.