Landau Injury Law

Recently, as the result of a McLean party, the host parents were charged with contributing to the delinquency of minors, as there were freshman and sophomores who were drinking. Abrams Landau staff attended a parent safety meeting with a Fairfax County Police Department School Resource Officer this month to learn how to safeguard teenagers and stay abreast of developments in the law. As stated by the Fairfax County Police Officer, there is zero tolerance for driving, under the age of 21, with a Blood Alcohol Content (“BAC”) of more than 0.02 ! That’s a beer ! It is dangerous, irresponsible and impaired judgment and reaction time coupled with an inexperienced driver can lead to (more…)

According to a presentation by a Fairfax County Police Department School Resource Officer attended by Abrams Landau staff, the product “4 Loko” is the equivalent of 4 beers plus caffeine.  Because of the delayed onset of its components, it is like a  “date rape drug.”  One Langley High School girl was found with a blood Alcohol Concentration of 0.34.  Comatose is 0.35.  She was passed out, face down in the parking lot after a High School football game.  Available at 7-11 and other convenience stores, “Four Loko”  has been banned in New York.
The Death of a 14-year-old Arlington girl spotlights the danger of Four Loko.  According to news reports, the girl’s death came the same week that the federal government called for an investigation of similar drinks that blend alcohol and caffeine, calling them “unsafe.” (more…)

One major question that courts look at in determining whether to make social network information discoverable to the insurance defense lawyers is the inured victim website user’s expectation of privacy when that information was posted. Any “public” information that is accessible to any person who happens to click on your profile will almost certainly not be subject to any expectation of privacy, and will likely be discoverable. Even information that is only viewable by the users’ preselected “friends” can potentially lose this valuable expectation of privacy. Therefore, it would be wise for any injured car crash victim using these sites to maximize the privacy settings available to them.

If your social networking pages contain questionable comments, wall posts or photos, you should consider making your profile private to ALL viewers to minimize the risk that this information could be used against you in your injury, workplace accident or disability case.

Furthermore, you should NEVER put anything on these sites that discusses your lawsuit or any injuries (more…)

It might.  Not only is “Big Brother” watching, but the car accident and liability claims insurance companies are as well.  Online social networking websites, such as MySpace and Facebook, have grown exponentially over the last few years.  Facebook, in fact, has recently reported that over 500 million people use their service.  This phenomenon is certainly understandable.  These sites provide a great way to stay in touch with friends, meet new people, and share information with whole communities.  For someone who is involved in a lawsuit, however, there is a potentially catastrophic side to these sites that can quickly unravel even meritorious cases

A recent trend in many courts across the United States involves treating the information posted on these sites as discoverable material.  What this means, is that injured victims who are forced to file lawsuits seeking reimbursements for the harms and losses caused by the defendants’ negligence may be faced with a Court order forcing (more…)

Even in Boarding School there were students whose “illnesses” and requests for “excuse slips” seemed to correspond with major exams.  You may remember the classmate whose illnesses always happened to correspond to test days. There was nothing like an organic chemistry quiz to set his fever to suddenly spike his “symptoms.”  Their strategy goes like this: if you are not ready to face the test, simply crawl back into bed and perhaps take it on another day.

Granted, students with “testday-itis” could not put off the dreaded confrontation forever, but what happens when the habit carries over into adulthood ?  Not everyone is willing to take responsibility for his actions, but most stakes are higher than a math grade after weeks of not studying. For example, if you are injured in an car crash, you expect that the responsible party will be held accountable by the legal system. However, if the other driver decides not to show up on your injury case court date, the consequences (more…)

Following yesterday’s post on “Robotripping,” getting “high” on legal, over the counter (“OTC”) drugs, you are probably concerned and asking, “What can we do to keep our families safe ?”  Today’s post looks at useful information regarding cough suppressants and cold medications that contain dextromethorphan (AKA “Dex”).  According to Consumer Reports:

• Do not give these products to children younger than 4 years of age. If you give these products to children 4-11 years of age, use caution and follow the package directions carefully.
• If you are giving dextromethorphan or a combination product that contains dextromethorphan to a child, (more…)

Who would have thought that cough suppressants and cold medicines would become the new fad drugs for young abusers looking for an easy “high ?”  Just because the cough syrups are sold over the counter (“OTC”) without a doctor’s prescription, it does not mean they are without risks.  At the Landau Law Shop, we recommend that you protect your teenagers from cough suppressants which contain Dextromethorphan (“Dex”).  Dex is the active ingredient in over 120 over the counter cold and cough medicines like Robitussin, Nyquil, Tylenol Cold, etc.  (Hence the term “RoboTripping.”)

The numbers are telling.  A recent survey found that 8% of teens abused these cough suppressants.  The Drug Enforcement Administration (“DEA”) reports that this epidemic has lead to a 70% increase in emergency room visits.  for the years 2004 through 2008.  Over 8,000 people were treated in hospital emergency rooms as the result of abusing Dex.

Teenagers have been known to take excessive doses of Dex.  Often they mix it with another prescription drug or marijuana in order to get high.  This dangerous practice is called “Robotripping.”  In addition to euphoric highs, the practice has been reported to cause a spike in heart rate, blood pressure and body  temperatures and in some cases, death.  Care should taken with these medications.  Mixing prescription drugs, over the counter medications and illegal substances can lead to tragedy. At Abrams Landau, Ltd., we advise  you to protect your family, keep track of the medicines in your household, and be alert for excessive dosages and abuse.  In tomorrow’s post, useful information for you and your family regarding cough medicines that contain dextromethorphan.

While many states do not require that the injured car crash, slip and fall or dog bite victim place a specific amount in their lawsuit papers, because they recognize that injuries, treatment, lost time from work and eventual permanency may be months and years away, Virginia requires a sum certain. The “amount sued for” is also known as the “ad damnum,” and in Virginia, the filing fee paid to the court to start a personal injury case is based upon the amount sought. In the Federal Court system and many states, the lawsuit papers (usually called the “Complaint”), simply state that the case is being brought “in an amount sufficient to satisfy the jurisdictional requirements of this court…” No specific number is necessary, and that way changes in the recovering plaintiff’s condition do not prejudice the case or the victim.

However, in Virginia, a plaintiff cannot recover damages exceeding the ad damnum demand in the Complaint. (more…)

Iowa Congressman Bruce Braley and Herndon Virginia's Doug Landau are both concerned about American medical care costs and efficiency

The costs of medical care are on everyone’ mind these days.  Having worked for the incoming President of the American Medical Association (“AMA”), Doug Landau has long advocated for positive changes in the delivery and economics of the delivery of medical services in the United States.  The subject is complex, and there are many competing voices with competing interests in the debate.  However, having read thousands of pages of treatment records, billing statements and medical care forms, former American Association for Justice Disability Section Chairman Landau believes that one area ripe for enormous savings would be in the area of medical records and forms.

The Herndon Reston area attorney believes that there should be ONE standard form, just as there are standard forms and “Common Applications” for colleges, Medical Schools and other important decision-making processes.  Instead of doctors’ offices and hospitals having to fill out one kind of form for State Farm, another for Allstate and a completely different document for The Travelers, a blue ribbon panel, like the “Super Fund Study Group” should be set up, given a deadline to produce standardized forms for ALL insurance companies, self-insured employers and third party administrators.  This would save time in the health care providers’ facilities, enable easier computerization (and ease the trend toward “paperless” files and offices), and reduce the cost, in terms of time, manpower and money, to all concerned.

Doug Landau and his first boss, AMA President Elect Neurosurgeon Peter Carmel

Celebrating my first boss’s election as President of the American Medical Association (“AMA”) with family and friends tonight at the New York Academy of Medicine was a singular experience, much like the induction ceremony when my father Norman Landau was inducted into the Association of Trial Lawyers of America (“ATLA”, now the American Association for Justice or “AAJ”) Hall of Fame.

Dr. Peter Wagner Carmel is an internationally respected pediatric micro neurosurgeon, medical school professor and mentor.  Having worked with Dr. Carmel at Columbia Presbyterian Neurological Institute in New York City, and seen him “in action” in the laboratory and the operating room, I can attest to his skills as a scientist, surgeon, speaker and teacher.  After leaving Columbia University, Dr. Carmel joined the faculty at the University of Medicine and Dentistry, across the Hudson River in New Jersey.  A leader in cutting edge medical research, and one who has trained many world class surgeons, Dr. Carmel will bring a unique voice to the health care and patient safety debate in Washington, D.C. and advocate for doctors in all specialties in the USA.