Landau Injury Law

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.

“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.

Lawyers who do NOT represent insurance companies and who devote a substantial amount of their time, effort and resources toward helping injured workers and their families met again today in Richmond at the “VTLA Advanced Workers Compensation Retreat.” Doug Landau has remarked, “I always learn about unreported cases, strategies and new ways of helping disabled workers who come to me for help. It is one of the best Continuing Legal Education programs of the year. And the learning does not stop outside of the lecture hall – I sometimes learn more in between and after the official presentations by bouncing ideas off of other attendees from all over the Commonwealth as well as the speakers, judges and medical professionals who are in attendance”

By invitation only, this event is attended by trial lawyers who represent injured workers and their families. Attendees cannot represent insurance companies and there were only three dozen experienced attorneys from all over the Commonwealth who gathered to learn from noted speakers from the Virginia Workers Compensation Commission as well as the legal and medical professions. Shown here are a quarter of the group out for supper in Richmond’s West End.

Top Virginia Trial Lawyers Roger Creager (Richmond), Doug Landau (Herndon - Reston), Barbara Williams (Leesburg), & Lee Livingston (Charlottesville) compared ideas on "independent" insurance medical examiners at the 2009 VTLA Annual Advocacy seminar in Fairfax

Almost every single case involving serious injury, permanent disability or significant wage loss is confronted by an insurance company lawyer demanding an “Independent Medical Examination.” The exam is usually not independent. It is not for treatment, so the “medical” part of the phrase is intellectually dishonest. And as for an “examination,” it’s often more of a cross-examination than a genuine physical exam.

“Independent” medical exams (”IMEs”) are commonplace in personal litigation, workers compensation, and occupational disease cases handled by ABRAMS LANDAU, Ltd. Because they are not truly “Independent,” as we see the same doctors performing exams for the same insurance companies who pay their bills, we refer to these as “defense medical exams” or “insurance medical exams.” A 3/31/09 New York Times investigation titled “Exams of Injured Workers Feed Mutual Mistrust,” reported that, “Often IME doctors are hired by brokers that then have clerical staffs prepare reports based on dictation or checklists completed by the doctors, who often do not read the reports before signing them. The article gives examples of doctors signing reports on exams they never performed. One of the ways Herndon Reston area injury lawyer Doug Landau anticipates this practice is by offering the insurance company a physical exam early in the case, sometimes even before a lawsuit is filed. “The case we select involve serious, objective and usually permanent injuries,” Landau notes. Because we have nothing to hide, I will offer to have my injured client submit to a voluntary physical exam with a qualified doctor, at a reasonable time and place, in lieu of a later examination after suit is filed.” In effect, it is a “put up or shut up” move by the multi-state trial lawyer, known for his unique and innovative techniques.

Top Northern Virginia injury lawyers Sandra Rohrstaf, Tom Curcio, Ben Glass & David Marks attended the VTLA Annual Advocacy seminar on "Expert Witnesses" in Fairfax today

Herndon injury lawyer Doug Landau was out of the office today, but he was not in trial, attending depositions, or traveling to see far away clients or expert witnesses. The ABRAMS LANDAU trial attorney was attending the VTLA Annual Advocacy Seminar in Fairfax. A superb line up of speakers lead to a “standing room only” audience, and an excellent chance to learn about the latest cases, legislation and strategies for helping clients injured by car wrecks, dog bite attacks, bike crashes, slip and fall accidents, defective products and dangerous chemicals. While lawyer Landau maintains a surplus of Continuing Legal Education (”CLE”) credits, he believes it is important to stay current with developments in the law and share information with other experienced victims’ advocates.

Some of the topics in today’s presentations included:

• Direct Examination of the injured plaintiff’s expert witnesses,
• Successfully cross examining Defense Medical Experts,
• Preparing Your Expert Witnesses for Deposition and Trial
• Use of Medical Literature
• Considerations of Structured Settlements

A combination of disabling conditions can be sufficient to prove a Social Security Disability claim.  The disabled worker does not need to have one medical diagnosis only; we have won Federal disability cases where the claimant has several permanent injuries or chronic problems that prevent them from working.  Recently, a Lovettsville client complained of nerve damage in her legs, feet and hands as a result of her chemotherapy treatments.  She is a survivor of breast cancer who was experiencing knee pain, shooting pains in her legs, and was unable to perform any tasks requiring kneeling or standing.

Her treating doctor explained that due to her impairments, the claimant was limited to lifting only 10-pounds occasionally in her 8-hour day.  She had become limited in feeling and grasping.  The worker’s doctor wrote that this middle-aged woman would not likely recover from her symptoms.  As a result of her chemotherapy she sustained chronic peripheral neuropathy. Peripheral neuropathy is “a problem with the functioning of the nerves outside the spinal cord.”

http://millercenter.uchicago.edu/learnaboutpn/aboutpn/whatispn/

The Government hired a medical consultant to examine and question the disabled worker and then give evidence against her in Court.  However, the Government’s doctor’s physical assessments were given little to no weight in the decision because they did not properly recognize the treating Doctor’s consultative examination, treatments or the full effects of ALL of the claimant’s injuries.

Doug Landau represented the claimant, explaining her disease, neurological problems and resulting problems. In the winning decision, the Judge wrote, “ After considering the evidence of record, the [Social Security Administration] finds that the claimant’s medically determinable impairments could reasonably be expected to produce the alleged symptoms, and that the claimant’s statements concerning the intensity, persistence, and limiting effects of these symptoms are generally credible”.  While Landau has helped disabled workers who cannot work because of a crash, major accident or debilitating disease (like Multiple Sclerosis, Hepatitis, AIDS, etc.), the ABRAMS LANDAU team has also been able to assist people with SEVERAL disabling conditions to win their Social Security Disability cases.

Working in emergency medical settings requires a rapid method of assessing the situation and distributing resources to help those injured victims who can be helped effectively. InjuryBoard member Doug Landau has worked with a number of doctors and emergency rescue workers who are required to employ triage techniques regularly. Triage is the sorting of and allocation of treatment to patients.

Triage is often employed for battle wounded and disaster victims according to a system of priorities designed to maximize the number of survivors. Television shows about emergency rooms and medical practices refer to “triage” when there is a sorting of patients according to the urgency of their need for care. A coding system may consist of “coding” victims of a crash, explosion or other disaster affecting many potential patients. Green, Yellow, Red and Black tags are used to quickly inform ambulance and transport personnel about the order in which injured people should be removed from the scene and/or treated by medical professionals.

The S.T.A.R.T. Disaster Triage system was created by Emergency Room doctors, Trauma surgeons, Nurses and Paramedics. It is designed for multi-casualty emergencies, to be used by both professionals and non-professionals. S.T.A.R.T. stands for “Simple Triage And Rapid Treatment.” This simple formula quickly detects potentially life-threatening conditions. The purpose of Triage is to quickly identify those who need help first and give the basic life-supporting treatments as soon as possible to prevent worsening or death. The injured persons marked “Immediate” or having a Red tag will be looked at first for transport to a medical facility; the Yellow tag “Delayed” people will be helped next.

WHAT THE CATEGORIES MEAN:

“I” for “Immediate” category (Red tag) means rapid treatment is necessary because of life-threatening injuries or conditions, such as shock, breathing problems, uncontrolled bleeding, serious head injuries, etc.

“D” for “Delayed” category (Yellow tag) means these injuries though more than minor are not life-threatening. Examples might be sprained ankles, possible broken wrist, ankle, shoulder, or bruises, minor bleeding that has been controlled.

“M” for “Minor” category (Green tag). These are the “Walking Wounded” with only minor injuries or none, and will be tagged last, after triage is done. You will use them to assist you as Helpers and Messengers.

“U” for “Unsalvageable” /deceased (Black / White tag, or write “DECEASED” on whatever tag.) Those with massive irreversible injuries (or) not breathing even after you open their airway.

Doug Landau and the team at ABRAMS LANDAU has seen clients assisted by rescuers using this triage system. We thank those first responders who quickly and effectively employ triage when coming on the scenes of truck crashes, explosions, multi car collisions, train wrecks, plane crashes and other injury producing disasters.

Doug Landau traveled to Florida in order speak on “Hip Fractures in the Elderly” at the InjuryBoard meeting in St. Petersburg. Utilizing his laptop to give the presentation, the Loudoun Fairfax injury lawyer shared strategies for successfully representing older clients whose lives have been altered due to broken hips caused by the negligence, carelessness or recklessness of others.

Hip fractures can occur due to slip and falls, car crashes and defective products. Landau and the ABRAMS LANDAU trial team have helped clients with their cases throughout the United States, and stand ready to help you or a loved one if a broken hip or fractured pelvis have taken away good health, independence and pain free living.

At ABRAMS LANDAU, Ltd., we bring cases where there are permanent scars. Pictures of the scar sites are important exhibits at trial.  When there is a permanent injury, the judge must consider additional legal remedies and give special jury instructions that are critically important if the victim is to get full restitution.  Exhibits that illustrate the injured victim’s scars become part of the “record” if there is an appeal.  Photographs of scarring also enable the Landau injury law team to settle cases in advance of trial since the insurance company, their defense lawyers and the Defendant can all “see” the injury that their negligent conduct has caused.  In cases that are mediated or arbitrated, the judges have appreciated our method of photographing our clients’ permanent scar and injury pictures

However, photographs are more helpful if there is something showing scale in the picture, according to the judges interviewed by Loudoun, Leesburg and Fairfax injury lawyer Doug Landau.  That is why the ABRAMS LANDAU trial team will frequently take pictures of clients’ scars with a ruler, grid, quarter or other item of known dimensions also in the photo or digital image.  By using a ruler or yard stick, the judge and jury can look at the picture and immediately ascertain the length and width of a scar.  We have been successful in getting restitution for our injured clients in our cases involving permanent scarring.  If you or someone you know has a case with permanent scarring, please have them contact us at once.

According to the International Conference on Concussion in Sports, children and teens require different treatment for concussions, head trauma and brain injuries than adults. The guidelines, published in the British Journal of Sports Medicine, say children and teens must be strictly monitored and activities restricted. After a concussion: no return to the field of play, no return to school and no cognitive activity – until fully healed. “These recommendations mark the first time that international experts have focused on specialized treatment for kids,” said Dr. Gerard Gioia of the Children’s National Medical Center in Washington, D.C. “This conference of experts has led the way in developing protocols for adult athletes, and now international protocols take into consideration that the developing brain of the child and adolescent requires special consideration.” In light of the care required by children with concussions, brain trauma and head injury, it is recommended:

• No child or adolescent athlete should ever return to play on the same day of an injury, regardless of level of athletic performance.
• Children and adolescents may need a longer period of full rest and then gradual return to normal activities than adults.
• For children, “cognitive rest” is a key to recovery. While restrictions on physical activity restrictions are also important, cognitive rest must be carefully adhered to, including limits on cognitive stressors such as academic activities and at-home/social activities including text messaging, video games and television watching.