Landau Injury Law

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…)

The law firm of ABRAMS LANDAU, Ltd. has been apprised of another instance of an insurance defense lawyer misidentifying himself to a client’s treating doctor in order to get information that may be confidential, private and/or irrelevant to the case.   While there are ethical rules governing lawyer conduct, Doug Landau has seen the Virginia Workers Compensation Commission’s reluctance to take forceful action in the face of dishonorable conduct.  In a recent case, a doctor advised our office that a lawyer identified himself as being the “lawyer for the case,” and the lawyer for the injured worker.   Both of these assertions were false.  After the doctor mentioned some things and answered questions, the other lawyer lowered the boom.  We have even seen insurance defense lawyers cross state boundaries in order to interrogate the claimant and their spouse’s family doctor by this same stratagem.

So, be forewarned.  Tell your doctor WHO YOUR LAWYER IS, and that they do NOT have your permission to talk with anyone else.  If the insurance company, their nurse, lawyer, case manager, adjuster, etc., have questions, they can put them in writing, so that everyone can see.  Doing things “behind closed doors,” or “behind everyone’s backs,” (especially the patient’s), does no good for the medical care or the case.  If you are a client of ABRAMS LANDAU, Ltd., PLEASE TELL YOUR DOCTOR TODAY.  They do not have to speak to anyone from the other side outside of your presence, and you should not give them permission to do so.  If you have questions on how to deal with the sharp practices of insurance defense counsel, the carrier’s nurses or TPA’s claims adjusters, please call us at ABRAMS LANDAU today.

The Virginia Workers Compensation Commission ruled this week that our client, a Barista who slipped and fell on wet mats her first week at work, did not refuse to have medically necessary surgery.  While Doug Landau won her original claim, securing significant wage loss and medical benefits, because it had been so long before this injured single mother got her winning decision, she eventually lost her home.  When the doctors recommended she undergo a total knee replacement surgery, the insurance company seized the opportunity to cut off benefits when the client, who had no home, could not schedule the operation because she and her son had nowhere to go to recuperate safely.  The insurance company’s lawyers took the position that the injured worker “must have surgery in order to cure a refusal” of necessary, reasonable and authorized medical care.   As the treating orthopedic surgeon agreed that his patient needed adequate housing so as to avoid post-surgical complications, the Deputy Commissioner found in favor of the disabled worker.  The judge wrote, “we find under the circumstances the claimant’s refusal to undergo surgery at this time is justified.”  The claimant’s benefits were reinstated, retroactively to the date the insurance company filed papers to cut her off.

This just in on the Trial lawyers listServ from our friend Dick Thomas, esteemed Roanoke Virginia Workers Comp lawyer:

We just got a review opinion , written by Commissioner Dudley, reversing the deputy commissioner and awarding benefits. Claimant had a series of injuries over the years, and had bilateral degenerative disease of the hips. In 2003, he fell on his left hip, and the deputy commissioner ruled that the fall aggravated his preexisting degenerative disease. He then developed increased symptoms in the right hip, which his treating orthopedist at the time attributed to overuse from favoring the left hip. He then had a left hip replacement, covered under his award. Further problems with the right hip ensued, resulting in right hip replacement by a different surgeon. The original doctor failed to relate the right hip problem, and the treating surgeon refused to give an opinion.

The Defense was “consequence of a consequence,” and therefore NOT compensable. In other words, the defense lawyer contended that causation was TOO REMOTE and that the employer/carrier should not be held responsible any more. The trial judge (more…)

It is the position of ABRAMS LANDAU trial lawyer that the answers are, “No, No and No.” When a Virginia client with neck, back and spine injuries was recently sent by the insurance company for a “DME” (”defense medical examination”), she was asked to fill out 7 PAGES OF FORMS and BRING ALL HER RECORDS AND DIAGNOSTIC STUDIES ! A “DME” is a medical exam, not for treatment, requested by an insurance company, so that they can have an expert review the claimant’s condition and testify for the defense. [Shown here in the courtroom are the client, the court translator, witnesses, and other ABRAMS LANDAU clients and their family members with legal assistant Dianna Meredith attending a workers comp hearing in Manassas, Virginia as part of our firm’s unique “open door policy.”] (more…)

On Thursday, March 13, 2008, Reston-Herndon, Virginia lawyer Doug Landau presented the tragic case of a motor cycle passenger who was struck by a motorist while traveling with friends. This 36-year-old woman was wearing her helmut, yet suffered traumatic brain injury (”TBI”) which has left her permanently disabled and in need of constant care. This ABRAMS LANDAU client was taken by helicopter to the INOVA Fairfax Hospital ICU, where she was kept on life support. Cycle injury lawyer Landau visited his client at the hospital and observed that she had orthopedic injuries as well. The cyclist had fractures in her leg and had multiple acute, traumatic injuries about her head, body and extremities. Doug Landau also visited her doctors and home.

Before this devastating cycle-car crash that resulted in her permanent brain damage, Doug Landau’s client had been accustomed to riding all over the world by bicycle and motorcycle. She was an executive with an international computer company. More importantly, she was a wife, a mother and a daughter. Now, as the result of her head and brain injuries, she is being cared for by her aged parents and her son is being raised in another country by his father’s family.

In his closing argument to the Federal Court, Doug Landau recited all the losses caused by the defendant driver’s negligence. In describing what had been taken from his client, Landau discussed his interactions with this brain damaged woman, her doctors, husband and family members. Not one to throw large numbers around lightly, the Herndon Reston brain injury trial lawyer asked the Court for an amount in excess of $20,000,000.00 to fix what has been broken, replace what has been taken and care for a woman who can no longer care for herself. ABRAMS LANDAU cycle crash and TBI lawyer Doug Landau is shown here with Reston accident attorney Steve Garver, who was counsel for the driver of the motorcycle. Mr. Garver’s client has also sustained permanent brain damage and is permanently disabled.

What kinds of expert medical opinions did Doug Landau have to get from the doctors in order to assist his client in her Social Security Disability claim ? The ABRAMS LANDAU team was able to request and receive the treating doctor’s opinions that his patient would be able to sit and/or stand for less than 2 hours in an 8-hour day.

.Doug Landau, a past Chairman of the AMERICAN ASSOCIATION FOR JUSTICE Social Security, Disability and Health Law Section, is shown here with current Chair, Carolina Lawyer Eric Buchanon and another presenter after their Legal Education program at the national trial lawyers’ convention.

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Experienced Herndon, Virginia Social Security Disability Income lawyer Landau was able to elicit from the doctors many helpful opinions. Two physicians indicated that Landau’s client would need to take unscheduled breaks on an hourly basis lasting 10 minutes at a time and may need to lie down.

With prolonged sitting, she should elevate her legs to chair level approximately 50% of the time during an 8-hr. day. As for lifting, the claimant’s doctor opined that she can rarely lift 10 lbs. and never lift 20–50 lbs. Herndon Reston area Social Security Disability lawyer Doug Landau was able to elicit from this doctor statements that his client could NEVER squat, climb ladders or stairs. This experienced disability law practitioner was also able to present the Federal Judge with doctor’s opinions that his client had significant limitations with reaching, handling or fingering. These symptoms, along with the arthritis pain (more…)