Landau Injury Law

In a word, according to Herndon Reston workers comp lawyer Doug Landau, “NO.” Insurance company agents, especially their defense lawyers and so-called “nurses” and “medical case managers” routinely try to go behind our backs and talk to the doctors without the patient or their lawyer’s being present. This is called an “ex parte” contact, and it is a dishonest and cowardly practice.  ABRAMS LANDAU clients with traumatic brain injuries, occupational diseases, fatal conditions and facing surgical decisions have all seen these “nurses” try to insert themselves into the case and interrupt their relationship with their trusted physicians, therapists and family doctors. I have seen defense lawyers from major law firms go visit our client’s treating doctor and represent that THEY were the claimant’s physician ! While the insurance company, the defense lawyers and the third party administrators are allowed to look at medical records when a workers compensation claim is made, there is no law that saws they are allowed to breach the “physician-patient relationship” and talk to the doctors any time they want and outside of the presence of the patient, their family and their counsel.

The Virginia job accident case of Carter v. City of Falls Church Public Utility, V.W.C. File #130-05-07 (1990) gives guidance. My friend and former Alexandria workers compensation trial judge and later Commissioner William O’Neil ruled on this very issue. Commissioner O’Neill held that the employer and insurance company have no enforceable right to oral communication with a physician. It appears to still be good law 20 years after it was written ! The Virginia Workers Compensation Commissioner wrote:

• “Oral communication between a party or servicing agent and a physician is not conducive to insuring a dependable exchange of medical information between the parties as required by [then] Rule 17 [now Rule 4.2]. The Commission will not enforce a right to oral communication with a physician except through an authorized deposition. To do otherwise would result in “ex parte” communications which may never be reduced to writing and which would result in innumerable controversies and encourage circumstances which would not be conducive to productive interaction between physicians and their patients.”

If you or someone you know has been injured in an accident at work, and the insurance company is interfering with their medical care or doctors’ appointments, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as it is very hard to undo the damage caused by this dishonest and cowardly practice.

Richmond Virginia defense lawyer and Mediator Michael Harmon & Herndon Reston area plaintiff's personal injury lawyer Doug Landau after their CLE presentation today

Everyone who knows Herndon injury lawyer Doug Landau knows he likes to talk !  After success at the American Association for Justice meeting of the National Trial Lawyers in February and the Virginia Trial Lawyers Association Annual Convention in March, Landau is “taking it out on the road,” by teaching and giving presentations in Richmond, Roanoke, Norfolk and Fairfax during the month of May.  The lawyers who pay hundreds of dollars to attend these Continuing Legal Education programs, get required legal education and ethics credits and learn the latest development in the laws and personal injury trial practice.  The written materials that went with Landau’s speech were made available electronically, just as was the case at the National Trial Lawyers meeting this winter.

The ABRAMS LANDAU injury lawyer’s presentations will enable participants to hear from plaintiff and defense attorneys on

1. Creative, professional demand packages
2. Settlement conferences/mediation/arbitration
3. High/low agreements
4. Tips for low cost use of technology in demand and settlement
5. When high tech is worth the cost

While Douglas Landau, of Abrams Landau Ltd., Herndon, will be speaking at all four locations, as he has actually tried cases in all corners of the Commonwealth of Virginia, he is paired with a different experienced defense lawyer at each venue.  The top defense attorneys Landau has been teamed with include:

• Michael Harman of Harman, Claytor, Corrigan & Wellman, Richmond (Richmond)
• David Carson of Johnson, Ayers & Matthews, Roanoke (Roanoke),
• Robert Rigney of Protogyrou & Rigney, Norfolk (Norfolk),
• Stephen Crum of Robey Teumer & Drash, (Nationwide Staff Counsel, Fairfax/Northern Virginia).

All clients know that they can call the Landau Law Shop to find out when and where Doug Landau will next be trying cases, speaking, taking depositions, teaching or racing.  This “open book” policy has enabled many ABRAMS LANDAU clients and their friends and families to meet with Doug Landau “close to home” and members of the Law Shop Trial Team without having to travel to the Herndon Reston area, or battle the infamous “Beltway.”

Lawyers Weekly (VLW) reported a case that confirms Herndon Reston area brain injury lawyer Doug Landau’s assertion that there is often videotape of an accident, or its aftermath, if you know where to look.  The Virginia case report stated that the defendant’s tractor trailer smashed into the rear of plaintiff’s vehicle and several other cars waiting at a stop light.  The injured victim’s counsel was able to obtain a video of the actual crash from a convenience store surveillance camera, which was adjacent to the intersection.  Defendant’s driver admitted to state police investigators that he had fallen asleep at the wheel.  Toxicology tests revealed Oxycodone (a strong pain killer drug) in the defendant driver’s blood.

The state police were also able to download the data from the tractor’s ECM or “black box.” Plaintiff’s ECM expert testified that the defendants’ tractor trailer was traveling approximately 64.5 mph (in a 50 mph zone) at the time of initial impact and had not applied his brakes prior to the collision.  At the time of the crash, plaintiff was a passenger in a vehicle traveling to the local community services board for substance abuse counseling. As a result of the impact, plaintiff’s seat was broken and he struck his head on the headrest. Plaintiff was transported to a nearby hospital by ambulance.

The ER physician diagnosed the plaintiff with a closed head injury with edema to the occipital portion of his head, a cervical strain and a right shoulder contusion.  Plaintiff followed up with an orthopedist for his neck and shoulder injuries, but he continued to suffer from daily headaches. Plaintiff was referred to a local neurologist, who diagnosed plaintiff with post-concussion syndrome and prescribed medication for his head pain.  Plaintiff also complained of problems with attention and concentration and visual disturbance when reading. Plaintiff returned to work as a laborer tying steel.  The plaintiff claimed  $14,073 in past medical bills and a life care plan of $773,250 for his future needs.  The case settled at mediation for $900,000 due to the excellent efforts of the lawyers involved.

Incoming VTLA President Matt Murray gives a memorable closing banquest speech highlighting remarkable cases won by Virginia Trial Lawyers on behalf of their injured and disabled clients

Incoming Virginia Trial Lawyers Association (”VTLA“) president Matthew Murray of Charlottesville did an unusual thing at the Annual VTLA Convention closing banquet.  Instead of speaking from the dais, he walked around the hall and singled out several cases for special mention.  Murray recounted, without notes, cases where VTLA lawyers had gone “above and beyond” on behalf of their disabled and permanently injured clients.  It was one of the most memorable and unique acceptance speeches the members had ever heard and it bodes well for Murray’s presidency.

The ABRAMS LANDAU case Murray raised was the case of Ralph Dean, a life long employee of Atlantic Research in Alexandria, Virginia.  Mr. Dean developed berylliosis, a rare disease that only comes from exposure to beryllium, which was being used by his employer in furtherance of he government’s “Star Wars Rocket Program.”  The disease affected Mr. Dean’s ability to breath, much like asbestos disease, but also caused “peripheral neuropathy” which meant that he could not feel with his extremities, and had to go in to a hot shower backwards, as his hands and feet could not tell if the water was scalding.  Workplace injury and disease lawyer Doug Landau filed Dean’s case immediately, as most all of the worthier workers had already died.  The Virginia Workers Compensation Commission denied the case at every single level, and Landau appealed all the way to the Supreme Court of Virginia.  There the job injury lawyer was told by one of the justices that, “it was a matter for the legislature” in denying the case once again.

With little time left in this clients life, Landau filed for Federal disability benefits after the state compensation claim was dismissed on the basis that he did not bring his case within 7 years of his last exposure, even though there was no injury and no disability at that time.  Berylliosis is an insidious, latent disease, like asbestosis or mesothelioma, that does not manifest itself for many years, and even decades.  In the Federal system, the case was again denied until Landau tried the case on remand before an award-winning Federal judge in Tampa, Florida.  There, the ABRAMS LANDAU team not only won the case for full benefice for Mr. Dean, but they also were awarded attorney fees under the “Equal Access to Justice Act.”  The hugs from Mr. & Mrs. Dean were some of the highlights of Landau’s career, and President Murray wanted to share this hard fought victory with the members of the Virginia Trial Lawyers Association.

IWP and ABRAMS LANDAU hosted a lunch meeting today for workers compensation and disability lawyers at Zeferelli Restauraunt in Herndon, Virginia

Once again, ABRAMS LANDAU, Ltd. hosted a luncheon in Herndon for top local lawyers.  Attorneys from Prince William, Fairfax and Loudoun Counties as well as Alexandria, Virginia and Rockville, Maryland were in attendance at this event held at Zeferrelli Restaurant in the “downtown historic district” of Herndon.  Job accident lawyer Doug Landau has previously hosted such lunch meetings at Jimmy’s Old Town Tavern and the ABRAMS LANDAU “law shop” building.  Future meetings are being planned for this summer for those lawyers who could not make it because of court appearances or the St. Patrick’s Day festivities.

In addition to a “free lunch,” there were presentations by Doug Landau, and the Injured Workers Pharmacy’s Jim Bowman on topics relating to helping injured workers, their families and even their doctors.  The Herndon workers comp and workplace injury lawyer shared strategies for helping those injured or killed on the job, while Bowman explained how IWP can fulfill injured workers prescription and durable medical equipment needs.  Furthermore, IWP’s Bowman revealed how his company saves the injured workers money by sending the medications and other medical needs directly to the claimant’s home and how they can provide a prescription history to counsel.  By sending the medicine to the disabled workers’ homes, IWP saves them the mileage expense, parking, wear and tear on their cars and having to pay “out of pocket” and then wait for reimbursement (weeks or even months later).  Also, IWP is not owned by an insurance company.  Landau thanks IWP for their meeting sponsorship and lauds their efforts on behalf of injured workers and their families.

There is one cost item that is common to truck/car crash, slip and fall and dog bite cases.  Purcellville and Middleburg area injury lawyer Doug Landau points out that in each of these cases, the PLAINTIFF must put on proof of her injuries and losses.  Expert medical testimony is generally required for such issues as:

1. permanent injury,
2. future medical treatment,
3. causation,
4. pre-existing conditions,
5. complications,
6. life expectancy,
7. plastic surgery for scars,
8. impairment,
9. job restrictions and
10. disability from work

Doug Landau uses professionally prepared medical illustrations in court and in mediation to prove his client's injuries. This piece of evidence is expensive, but not nearly as expensive as the doctor's testimony in court.

ABRAMS LANDAU, Ltd. was advised this week that a major orthopedic group in the Commonwealth of Virginia has doctors who charge $1,500/hour for preparation, depositions, medico-legal meetings, etc. and $8,000 for court appearance.  In other words, for an injured plaintiff to put competent proof before the judge and jury, $10,000 will be spent for the medical evidence from the treating doctor.  In cases in New York CIty and other “high priced” jurisdictions, it cost much more than $10,000 to properly present medical evidence in court.  Most other expenses pale in comparison, with exhibit notebooks and subpoenas costing less than $100, enlargements of photographs and scene diagrams less than $250, and medical illustrations less than $2,000.  Many law firms that pretend to be personal injury trial firms never invest in these kinds of necessary items.  Doug Landau has seen other so-called “injury lawyers” try cases “on the cheap,” without doctors’ testimony, professional exhibits, subpoenaed witnesses and even translators.  Lawyer Landau advises, “do not be penny wise and pound foolish.  The best advice: get an experienced TRIAL lawyer, one who actually tries cases in court and who invests the necessary time, staff and money that the cases deserve.”

“PICC” (or “PIC line”) is a form of intravenous (”IV”) access that can be used for a prolonged period of time (i.e., extended antibiotic therapy).  However, what most people don’t know is that these lines can also cause significant damage to nerves if not inserted and removed properly.

Warrenton and Fauquier County dog attack injury lawyer Doug Landau has recently been consulted in a case involving precisely this type of damage.  A Warrenton Virginia area client was attacked by dogs when he arrived at a residence to do repair work.  The trained attack dogs came at him without provocation, and he was bitten in his dominant hand.  The would became septic, and the injured worker was admitted to the Fauquier Hospital for treatment and IV antibiotic therapy.  The infection was treated, but when the PICC line was removed, he had tingling, weakness and pain in his upper extremity on the non-dominant side.    This has left the client with bouts of pain, loss of feeling at different points and an inability to get a full night’s restful sleep.  He also cannot make a tight grip or oppose fingers as he had been accustomed prior to the attack and he workers compensation insurance company is withholding benefits and authorization for further medical care.

Any person suffering similar symptoms should immediately contact a doctor.  They should also document all of their symptoms and communicate these to their doctor and other health care providers.  The longer a patient waits to address these symptoms the greater the risk of permanent injury.  If you or someone you know has been injured in an on the job accident or dog attack and would like our assistance, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

In light of grosing evidence of susceptibility to increased brain injury after initial head trauma, the Pentagon is instituting new protocols for soldiers who may have suffered from traumatic brain injury (”TBI”).  Troops caught near a roadside blast or in related vehicle crashes will be pulled out of combat for 24 hours and checked for a mild traumatic brain injury.  This will be the case even if the soldiers appear unhurt or say they are fine, according to a treatment policy the Pentagon is planning to release.  Because the brain is at greater risk for permanent injury right after such head trauma, giving thee soldiers time to recover, heal and get help is a smart move according to Herndon and Reston brain injury lawyer Doug Landau of ABRAMS LANDAU, Ltd.

“The sooner you’re able to treat somebody and get it right, the higher the probability you’ll reduce the long-term impacts (of brain injury). So speed is really important here,” according to Admiral Mullen, chairman of the Joint Chiefs of Staff, who pushed hard for the policy change.  The policy change stems from growing concerns that troops suffer mild traumatic brain injuries (TBI) in combat – or more than one – and they go undetected, Mullen told USA TODAY. “We need to treat … more quickly and then we need to keep track of people,” he said.  The new policy is a major expansion of battlefield medicine because it treats troops based on what happened to them, not just visible wounds, said Air Force Col. Jaffee, director of the Defense and Veterans Brain Injury Center.  For the rest of the USA Today story.

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.

Doug Landau contributes blood to the Herndon Reston INOVA blood drive

In addition to watching the exciting 2010 Olympic Games, Virginia injury lawyer Doug Landau and his wife again gave blood at an INOVA blood drive in the Reston Herndon area that had been delayed by this Winter’s snow storms.  Going to their children’s pre-school, the Landaus saw friends and were able to give blood to replenish the Fairfax Hospital System’s supplies.  Landau’s client’s often need blood transfusions after car crashes, spine surgeries and construction site falls, explosions and lacerations.

Inova Blood Donor Services supplies lifesaving blood and blood products to 15 different hospitals in Northern Virginia and the Washington, D.C., metro area.

INOVA also works with national and international redistribution organizations to get blood where it is needed most.  If you are ready to donate blood:

Call 1-866-BLOODSAVES (1-866-256-6372) or find a convenient donor site or blood drive.

If you want to know more about donating blood, “Giving the Gift of Life”, Please contact us at 1-866-BLOODSAVES (1-866-256-6372) with any questions.

Herndon Reston injury lawyer Doug Landau hopes that everyone reading this post will consider going to a blood drive soon.