Landau Injury Law

Hundreds of times I have heard injured victims say, “but the doctor told me…” only to have insurance defense counsel cut them off with “Objection ! Hearsay !” Which is usually granted by the judge, causing the witness to look around, confused, and then never get the vital testimony into evidence. An experienced trial lawyer who actually takes cases to court will know how to deal with “the Hearsay Rule” and get relevant evidence before the judge and jury in a car crash personal injury case. The Hearsay Rule basically means a witness cannot (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.

For injured workers in Virginia, “marketing” is the defense that trips up many claimants’ otherwise meritorious claims every year. In many states, the injured worker must present evidence that they have taken reasonable steps to market their residual physical capacities and abilities to return to light duty work. The kinds of evidence permitted can take many forms. The judge will want to see consistent, reasonable and documented attempts to return to work that is consistent with the treating doctor’s light work restrictions and limitations as well as the injured worker’s education, training, transferrable skills and employment experience. Abrams Landau clients have succeeded in meeting this burden of proof in Virginia, Maryland and DC comp claims with the following evidence:

• Virginia Employment Commission cards showing “weekly contacts”
• Day planners with weekly entries

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Going 3-for-3 in Virginia Triathlon Series sprint races this season enabled Herndon Reston injury lawyer Doug Landau to work on his speed for the USAT National Championships and qualify for the World Championships. Racing all over Virginia also enabled the Triathlon Trial Lawyer to visit with clients and counsel as well. While no other lawyer we know of does this, Landau makes public his trial and triathlon schedule so that clients, their friends and families can see him “in action” and talk to him in person about what is expected when it comes time for their “day in court.”  Upcoming Races, Cases and Places include:

• 10/13/2010 Alexandria (VA) Circuit Court, Defendants Motion to reduce the amount of a recent personal injury case verdict achieved by ABRAMS LANDAU on behalf of an innocent motor vehicle passenger in the morning, Virginia Workers Compensation hearing, job accident case hearing, Manassas midday, and Fairfax Bar and Medical Society Legislative Meeting, Falls Church (VA) in the evening (!)
• 10/15/2010 Virginia Workers Compensation hearing, job accident case hearing, Manassas
• 10/16/2010 Hagerstown (MD) Duathlon (running and bicycling !)
• 10/23/2010 Litchfield County (CT) Bike Tour with the Litchfield Hills Cycling Club during Lakeville (CT) High School volunteer weekend
• 10/25/2010 Social Security Administration, Washington, D.C., Disability Hearings
• 10/26/2010 Virginia Workers Compensation Commission, workplace accident hearing, Fairfax
• 10/30/2010 Either Leesburg or Fairfax (VA) 5km. road running race
• 11/2/2010 Virginia Workers Compensation Commission workplace injury hearing, Fairfax
• 11/4/2010 Virginia Workers Compensation hearing, job accident case hearing, Manassas
• 11/6-7/2010 University of Miami School of Law, Coral Gables (FL), Reunion and co-counsel meetings
• 11/13/2010 Virginia Trial Lawyers Advanced Workers Compensation Seminar, Richmond (VA), Arthur Ashe Athletic Center Health Expo and Richmond Sportsbackers Marathon Festival 8km. road races
• 11/20/2010 Herndon (VA) Community Center Annual Turkey Trot 5km cross country race (in the afternoon, blocks from the office !)
• 11/25/2010 Ashenfelter 8K Classic, Glen Ridge (NJ), on Thanksgiving Day, the United States Track & Field-NJ Championship Road Race, benefiting the Glen Ridge Educational Foundation
• 12/9/2010 Virginia Workers Compensation Commission, workplace accident hearing, Fairfax in the morning, Washington, D.C. Trial Lawyers continuing education meeting in the evening in the District of Columbia

If you want to see Landau “in action” at these or other events, please e-mail or call the Landau Law Shop (703-796-9555) beforehand, as insurance companies settle on the eve of trial,  judges postpone trials and races get canceled due to weather or other unforeseen events, and your time is valuable.

Doug Landau & AMA President Elect Peter Carmel at the New York Academy of Sciences this week

NOT some “bean counter,” corporate administrator or insurance company representative. When it comes to patient safety, I agree with American Medical Association President-Elect Peter Carmel, M.D., Dr. Carmel is a professor and chief of neurological surgery (adult and pediatric) at UMDNJ.

He is also an internationally recognized expert in pediatric neurosurgery, who previously held the position of professor of clinical neurological surgery and the director of the division of pediatric neurosurgery at College of Physicians and Surgeons, Columbia University, in New York City. Because he has saved and helped thousands of brain damaged and spinal cord injured patients, he knows first-hand how important the decisions to treat, operate and medicate can be. They are often life and death decisions, and delay can be fatal.

To have people who are not medically trained or who have a profit motive making critical health care decisions steals the patient’s right to self determination, leads to expensive delays in treatment and invades the province of the treating health care providers. While everyone involved in health care delivery is acutely aware of rising costs and increasing patient safety, the trend toward taking the decision-making authority away from doctors and placing it in the hands of corporate executives and insurance managers will lead not only to greater expense, delay and utilization, but will disrupt the sacrosanct doctor-patient relationship and erode confidence in the medical profession.

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.

The rubber stamp used to be  lethal weapon in an insurance company’s arsenal.  A “DENIAL” by a health insurance company used to be the final word on treatment for many American families.  However, it’s a new day for American consumers; the Affordable Care Act enlarges the rights of insureds to appeal denials.  These rights include the right to an independent, external review board.  This appeal process can also be used when health insurance coverage is cancelled.  I would encourage all readers to avail themselves of this new law if they or a loved one have received a denial of needed medical care from their health insurance plan.

The Affordable Care Act is a comprehensive health care reform law that was enacted in March 2010. Insurance companies will not be able to deny claims without a chance for appeal.  In new health plans, you now have the right to demand that your health plan reconsider a decision to deny payment for a test or treatment. That also includes an external appeal to an independent reviewer.  The regulations will apply to new health insurance plans starting September 23, 2010.  “Until the [Federal health care law] reform, only a select number of states honored external review,” says Erin Moaratty, a spokesperson with the Hampton Virginia nonprofit Patient Advocate Foundation.

Patient Advocate Foundation’s Patient Services provides patients with arbitration, mediation and negotiation to settle issues with access to care, medical debt, and job retention related to their illness.  “Now every state is required have a process for external appeals.”  Review boards have reversed about 45% of appealed denials, according to my friend Candy Sagon’s excellent article in the September 2010 AARP Bulletin

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.

Sometimes, despite the best preparations, the insurance company’s “hired gun” medical examiner still finds a way for the Defendant to avoid responsibility for the harms and losses the car and bike crash, dog attack or other type of accident caused.  You have prepared for the Insurance Medical Exam (the “IME”) and the report is unfavorable.  The Reasonableness of your medical care, the necessity of the treatment, the costs and the causal connection to your car crash are all called into question.  What can you do ?

Leesburg, Fairfax and Loudoun County injury lawyer Doug Landau knows that there is no medal for simply going along with an Insurance Medical Exam and cooperating with Defense Counsel

Your next strategy is to have a medical examination by a doctor whom you get to choose or have an appointment with your treating doctor.  If the IME doctor does not correctly report your injuries, your own unbiased physician can present a more credible description of your injuries. Your attorney can tell you how to arrange an examination from your own doctor, and advise you on who should attend the exam and how to create a record of it. Your legal counsel may have specific questions for our doctor and may also send a copy of the insurance medical examiner’s report for comment, so that your attending doctor gets “the last word.”

Finally, there are some cases where a judge can order a independent medical exam. This typically occurs when mental or physical injuries are in dispute.  If the parties are at odds as to which physician to use, the court may decide the physician. In some instances when an exam is compelled, your attorney may be allowed to attend the exam as well.  However, that might  make counsel a witness, which would create problems at trial if there was a dispute as to what was said and done.  A better practice, which we use at ABRAMS LANDAU, is to send a nurse or medical doctor to our clients’ medical exams if a dispute is likely at trial as to what actually transpired.  It is expensive, but may prevent even great harm being done to the innocent victim of a car crash or dog attack.  An experienced Virginia and Washington DC personal injury trial attorney can protect you from the pitfalls of the Insurance Medical Exam.