Landau Injury Law

The Virginia Workers Compensation Statute says the rehab personnel (as well as insurance adjusters) are entitled to “copies” of medical reports.  “Copies” does not include verbal reports.  It is Doug Landau’s position that they have no right to speak to the doctor, the nurses or the doctors’ staff.  Yet the insurance company people try to do it ALL THE TIME !  And, if you let them do it, they will use this “off the record” contact against you, your case and your family.

That having been said, most doctors have been brain washed into believing that they have to talk to insurance representatives, including rehabilitation personnel.  Talk to your doctors.  Your treating specialists, your family doctor and all health care personnel you see in conjunction with you case.  Tell them you DO NOT WANT THEM TALKING with anyone from the insurance company.  They can get copies of reports of your treatment for the workers comp injury, and the bills related to your care.  BUT, conversations outside your presence are NOT OK !

More than half of all fall-related deaths by the elderly are caused by brain injuries.  .This is according to the Center for Disease Control and Prevention (”CDC”) in a first-of-its-kind study.  According to the CDC investigation, the severity of brain injuries resulting from falls may not be patently obvious, even to healthcare professionals..In other words, there may not be bleeding, swelling of the skull, bruising or other indicia of brain trauma or injury according to Herndon Reston area injury lawyer Doug Landau, shown here with his membership certificate, demonstrating his over 25 years of commitment to PUBLIC JUSTICE, from this public interest law firm’s very inception..Data for the study were gathered from records of 16,000 deaths in which unintentional falls were determined to be an underlying cause of death.  For the rest of the article, see Mike Stobbe’s 6/24/08 piece in The Washington Post.

Doug Landau does not believe in “cookie cutter” life care plans.  The Herndon Reston area injury lawyer has hired nurse case consultants and certified life care planners for long-term disability cases for customized review, assistance and testimony.  It is a significant expense, but without this important evidence, it is often impossible to present testimony as to future needs and costs of care.

Each life care plan is individualized to the client’s medical situation and may include; home care/facility care, projected therapeutic modalities, diagnostic testing, durable medical equipment (DME) wheelchair needs, wheelchair accessories and maintenance, orthopedic equipment needs, orthotics/prosthetics, aids for independent function, home furnishings and accessories, improvements to the home, safety equipment, drug and supply needs, future medical care, transportation, architectural complications, therapy, leisure or recreational equipment, and vocational/educational plan.  At ABRAMS LANDAU, Ltd. we know that clients with multiple orthopedic injuries, neurological losses, mental deficits and paralysis need more than just money for doctors’ visits, they need a wide range of services and products to ensure adequate protection of their health.

The American College of Physicians (”ACP”) recommends that you see a doctor IF:

1. Pain runs down the leg below the knee
2. The leg, foot, groin or rectal area feels numb
3. Fever, nausea or vomiting, stomachache, weakness, or sweating occurs
4. Bowel or bladder control is lost
5. Pain was caused by an injury
6 Pain is so bad you cannot move around
7. Pain does not seem to be getting better after 2-3 weeks.

The ACP and the American Pain Society published guidelines on the diagnosis and treatment of low back pain in December, 2007.  For a “Summary for Patients” of these guidelines, go to www.annals.org/cgi/reprint/147/7/

Many people have low back pain at some time in their lives. It can become chronic, meaning that it comes and goes over months to years.

In the “ANNALS OF INTERNAL MEDICINE” it is suggested that

IF YOU HAVE LOW BACK PAIN:
*Do not lift heavy things or do strenuous work
*Try to keep doing everyday activities an walking, even if it hurts
*Do not stay in bed longer than 1-2 days, because it can make your recovery slower

These recommendations, published by the American College of Physicians (”ACP”) in the May 6, 2008 volume, also contain this advice:

TO HELP YOU FEEL BETTER, TRY SOME OF THESE THINGS AT HOME:
*Medicines from the drug store to reduce pain, (acetaminophen, ibruprofen - read the labels !)
*Heating Pads or hot showers
*Massage

See tomorrow’s post for suggestions from the ACP as to when you should see a doctor. For more information, in English and Spanish. try the American Academy of Family Physicians (http://familydoctor.org/online/famdoces/home/common/pain/treatment/117.html)

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.

Other 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…)

This important concept explains both short and long term neurologic deficits in patients whose trauma did not produce either contusions, hemorrhages or lacerations sufficient to account for the deficits. Frequently, the latter lesions are minimal but the deficit is severe. Sometimes, notes Herndon Reston brain injury lawyer Doug Landau, there is a minimal laceration (cut) or not cut at all, but the neurological damage is significant. This is often harder on the innocent crash victim because they have no “Red Badge of Courage” to display to friends, family or their physicians to buttress their claims of disability, deficit and suffering. This, in turn can cause anxiety, depression and fear, especially in cases in the long and trying litigation process adds Landau.

How does Diffuse Axonal Injury occur ? What has happened is that rotational and other movements of the brain during trauma has resulted in injury to numerous axons in both cerebrum and brain stem. Brain injury trial attorney Doug Landau explains that this can happen as the result of a sharp, fast back-and-forth movement of the skull, or a rapid twisting of the head from an impact, or a high-velocity combination of (more…)

When an injured victim of a crash is brought into an emergency room, x-rays are often ordered. However, Herndon Reston area brain injury lawyer Doug Landau notes that while such diagnostic testing, while good for showing broken bones and fractures, does not show many kinds of brain injury. For example, a cyclist or motorist injured in a crash may have a subdural hematoma (sometimes spelled, “haematoma”) which may not show up in the Hospital immediately on a post-accident x-ray.
A Subdural Hematoma is a collection of blood that pools under the dura. Because x-rays do not “see” blood as easily as hard, boney structures, Doug Landau advises that these are sometimes missed. The dura is a relatively tough connective tissue (collagenous) membrane, about the thickness of parchment paper. It is firmly attached to the under surface of the skull, and in the spinal canal, it is separated from the bony structure (more…)

In the previous posting, brain injury lawyer Doug Landau listed Direct Effects of head trauma and brain injuries.  In addition to those sometimes permanently disabling effects of an impact or blow involving the skull and brain, the Herndon Reston trial attorney notes that there are “Secondary Effect” which can also be quite devastating to the innocent victim of a bike or car crash.  Listed below are Secondary Effects of brain injury and head trauma:

B. SECONDARY EFFECTS OF BRAIN INJURY AND HEAD TRAUMA:

1. Cerebral edema or swelling

2. Herniations of brain tissue

3. Infection

4. As a result of traumatic brain damage, there may be permanent localizing neurologic defects or post-traumatic epilepsy.

See, www.pathology.vcu.edu/trauma.html