Landau Injury Law

If you had acne in the 90’s, you may be familiar with a drug called Accutane. While the drug had a warning label that noted it is “associated with” chronic bowel problems, the Plaintiff’s argued that Roche (the company which manufactures Accutane) did not accurately warn users of the risk of Chronic Bowel Disorder. Roch was ordered to pay $13 million to the three Plaintiffs.

Three patients claimed they developed a chronic bowel disorder as a result of using this drug: one will have to have his colon surgically removed and the other two will require long-term drug therapy.

Fair Labor Standards Act (FLSA) cases involve withholding pay, overtime and unfair wage practices. Examples include:

1. Store managers, assistant managers, and department managers are many times classified as Executive Exempt in order to keep from paying them overtime. They do not qualify for this exemption, because their primary duty is not management, but is more in line with the duties of hourly employees. The Legal Aid Justice Center would like to review the case of any employee who has been classified as any type of manager who is doing work more in line with hourly employees.

2. Companies classifying employees as independent contractors. Many companies try to completely avoid FLSA responsibility by claiming their workers are not employees at all, but are instead independent contractors. When classified as independent contractors, companies can avoid paying overtime, training pay, payroll taxes, workman’s comp premiums, unemployment insurance, etc.

These misclassifications of employees occur in many service related industries. The lawyers of the Legal Aid Justice Center have seen this in the construction industry, delivery services industry, stocking vendors, maintenance crews, food processing plants, dental assistants, waitresses, nail salons, nurses, secretaries, and landscaping crews, just to mention a few.

The Legal Aid Justice Center would like to review any case where a worker is classified as an independent contractor but has very little control over his or her work.

3. Legal Aid Justice Center is also interested in looking at cases dealing with hourly employees who are routinely required to work “off the clock”.

This is a first for me - quoting US Magazine ! But in today’s US Magazine, the question was posed:
Can a Fractured Hip Be Fatal ?

“Mortality rates can reach 24%, with higher risks for senior citizens, the International Osteoporosis Foundation reports. Why ? Long recoveries increase risk of blood clots, infection and other complications.” Described as “the rock of the family,” Marilyn Dunham, Barack Obama’s grandmother passed away in Hawaii before she could see her grandson elected to the Presidency of the United States of America. Our condolences go to the Obama and Dunham families. Issue 717, US Weekly, 11/10/2008, p.66

A long-time client, one whom I had helped successfully in several accident cases, asked this very question. He knew that I handled Social Security cases all over the country. He knew that I had been recognized as one of the BEST LAWYERS and as a “Super Lawyer” for my efforts on behalf of the injured, disabled and their families. Yet his question was a valid one.

After his most recent on the job injury, he developed severe, life-threatening illnesses that rendered him completely disabled from work. His Long Term Disability (LTD) Insurance company offered to provide him with representation, at no cost. However, as I explained to him, there were several “catches.”

1. This “free” representation, was not by a lawyer; in fact, the company had NO lawyers affiliated with it !
2. This “free” representation was not subject to any ethics rules of any State’s Bar Association,
3. This “free” representation was not required to have malpractice insurance, in case things went wrong,
4. If successful, his LTD benefits would be reduced by what he would get from Social Security,
5. If he lost, the LTD carrier could use the medical and other records developed in the case against him to deny continued benefits,
6. This “free” representative was a volume business, that received cases from this insurance company all the time, and thus there is an inherent conflict of interest (if the LTD Insurance Company stopped sending them business),
7. This “free” representative was not located in the same town, county or even state as the disabled worker, so he could not visit this person who was “assigned” to him by the insurance company,
8. The Retainer that the injured worker is asked to sign notes that the “free” representative is “a non-attorney who is participating in the direct fee payment demonstration project.”
9. The fee agreement is signed by a half dozen people, with no explanation as to who they are, what they will do or even their printed names !
10. The injured worker may not even know what this “free representative” even looks like until the day of the Hearing in front of the Federal Administrative Law Judge !

What is a thallium stress test?

Triathlon Trial Lawyer Doug Landau recently underwent a thallium stress test. In the past the Herndon Reston area trial lawyer had performed VO2 Maz tests, stress tests and “time trials.” However, this was a new test for this “Super Lawyer,” as it was not for training protocols or sports medicine, but because of health concerns. After becoming short of breath and even walking in his last several triathlons, Doug finally went to see his Internist, who, in turn, sent him to a Cardiologist for testing. A Thallium stress test is a type of nuclear scanning test or myocardial (myo = muscle, cardial = of the heart) perfusion imaging test. It shows how well (or poorly) blood flows to the heart muscle. It is done along with an exercise stress test on a treadmill or bicycle. Injury and disability lawyer Doug Landau did his thallium stress test in Reston last week.

According to the American Heart Association the thallium stress test is useful to determine:

• Extent of a coronary artery blockage
• Prognosis of patients who’ve suffered a heart attack
• Effectiveness of cardiac procedures done to improve circulation in coronary arteries
• Cause(s) of chest pain
• Level of exercise that a patient can safely perform

When the patient reaches their maximum level of exercise, a small amount of a radioactive substance called thallium is injected into the bloodstream. Then the patient lies down on a special table under a camera (”gamma camera”) that can “see” the thallium and make pictures. The thallium mixes with the blood and heart’s arteries and enters heart muscle cells. If a part of the heart muscle doesn’t receive a normal blood supply, less than a normal amount of thallium will be in those heart muscle cells. For more information, visit the American Heart Association.

Volunteering has long been a part of Doug Landau’s contribution to the community.  He has been a Soccer Coach, Rotary Club Speech and Essay Contest Judge, Red Cross Blood Donor, Fairfax Bar Association “Ask a Lawyer” Booth participant, Circuit Court Tour Guide, Chamber of Commerce Speaker, High Schools Science Fair Judge, Soccer Tournament Field Marshall, “Friday Night Live” Security Crew Member, and Race Volunteer.

However, today was a first,  he was authorized by the Office of the Electoral Board of Fairfax County, Virginia to be a “Poll Watcher” for the Democratic Party.  Because of bad weather and worse traffic, Doug ditched his car and ran to the Cooper Middle School in McLean in order to close the polls and watch the counting of the ballots.  There were electronic voting machines, Optical Scanning Devices and Provisional ballots.  The Herndon Reston area lawyer was able to see first-hand how the actual counting and transmission of the totals is accomplished.

“It was fascinating.  We were not allowed to use cell phones, blackberries, etc., so I had no idea who had won any election until I was driven back to my car after 11:00.  In the precinct where I was the observer, Senator McCain won the voting on both kinds of ballots.  I did not know that Senator Obama had been elected until I finally got gas in Tysons Corner ! I was provided with materials and the laws relative to elections, in case there were any problems or ‘mis-counts.’  However, I was lucky to be assigned to a polling station with experienced and efficient poll workers.  It was wonderful to see such excitement and so many people turn out to exercise their Constitutional right to vote.  I was disappointed to see that many people only voted for the Congressional or Senate seats and not for the Presidential race.  There were also a few ‘write ins,’ including some for people who had dropped out of the race long ago.  It was a wonderful, exhausting and unforgettable night.”

Having traveled to the Capitol of the Commonwealth several times for cases and seminars, Doug Landau returned to the Herndon home of Abrams Landau, Ltd. to find out that he had once again been named as one of “Virginia’s Top Lawyers.” Noting that many of the other lawyers that attended the VTLA Brain Injury Retreat were also listed by Richmond Magazine and the Washington Post, Landau said, “It is quite an honor to be one of the very few small law firms to be selected.” Abrams Landau, Ltd. was the only law firm in the Herndon-Reston area selected for the sub-speciality of Workers Compensation. Doug Landau and experienced legal assistant Dianna Meredith have built a record of successful cases before the state and Federal judges for clients who have sustained on the job injuries, occupational diseases and permanent disability work. Shown here are Mr. Landau and Ms. Meredith preparing another winning case.

Shown here is Lamont Johnson, Navy ROTC.  The Johnson and Landau children grew up in Franklin Farms.  Lamont is the oldest of the three Johnson boys, and he graduated Notre Dame Academy and is attending University in Pennsylvania.  Monty has elected to join the Navy ROTC program, and hopes some day to fly rescue helicopters.  It was not an easy decision for him, but he is a smart, level headed young man, who will no doubt develop into a great leader and succeed in whatever he chooses as his life’s path.  I admire and respect “Monty’s” decision, and I salute his courage during this difficult time in our nation’s history.

At ABRAMS LANDAU, Ltd. we see claims for workplace injury denied because of an alleged failure to wear company issued safety equipment.  If a worker is blinded because they were not wearing safety goggles, the case could be denied.  If an employee sustains a head or brain injury because they did not have their hard hat on, the workers compensation judge can rule in favor of the insurance company for the employer. The general rule is that the violation of a known and enforced safety rule that results in injury precludes the injured worker from receiving compensation benefits.  However, we have won cases where the rules were not publicized, enforced or relevant to how the accident even occurred.  If you or someone you know is injured or disabled due to something striking them in the eye, a brain injury or head trauma, and their claim is denied due to failure to have their hard hat, goggles or other safety equipment, has them contact us at ABRAMS LANDAU, Ltd.

OK, I’ll admit it.  I’m partial to “home made” Halloween costumes.  “Store bought” just never did it for me.  At The Madeira School annual Halloween parade, the various departments try to come up with unique, humorous and relevant.  In years past, the Athletic Department dressed in matching swimsuits, caps and flippers as a “synchronized swim team,” complete with their own kiddy pool.  The Math Department came as the various flavors of “Pi” - apple, cherry, blueberry, shepherds and “American.”

My favorite this year was the Science Department.  In years past, they have done “The Neutron Dance,”  and inspired students to come as hydrogen atoms and ions.  This year the science instructors came in black leather, electric guitars, safety pin earrings and periodic table abbreviations on their backs.  What were they ?  HINT: LEAD Zeppelin, QuickSILVER, Queen’s Freddy MERCURY’s solid GOLD hits…

Give Up ?  They were a “HEAVY METAL BAND !”