Landau Injury Law

Our Herndon Reston area injury law firm was recently contacted by Maryland attorneys regarding a client who was seriously injured when an aftermarket bike stem snapped.  The stem likely snapped due to negligent installation, a manufacturing or design defect, or some combination of these factors.  The attorneys for the injured bicycle rider were looking for a general forensic firm so that they could retain an engineering expert to explain and support their theories of the case.  At ABRAMS LANDAU, Ltd., is not uncommon for a case involving a serious bike crash to involve several theories as to what causes lead to the cyclist’s or peloton’s injuries.  Theories in the bike stem fracture claim, like the “working diagnoses” on the popular television shows “House,” “CSI” or “E.R.” include:

1. “Negligent installation” means that when the stem was attached to the bike, it was done so improperly, which caused the injuries to the purchaser or user.  
2. “Manufacturing defect” means that the bike stem was designed properly, and installed properly, but some step(s) during the manufacturing process caused product failure and rider or peloton injury.  An example is where the metal contains defects or is not heated/cooled to the correct temperature and thus is not as strong as called for in the bicycle design specifications.
3. A “design defect” means that the bicycle stem was negligently designed, such that even if correctly assembled, it would still break and cause harm to the ultimate user.

When one thinks of filing appeal briefs, the image of piles of paper comes to mind.  However, the Fourth Circuit Court of Appeals is now moving towards electronic filings and documents.  Lauren Holtzman and I have received “electronic case filing” (”ECF”) training at the United States District  Court for the Eastern District of Virginia, in Alexandria.  With the new changes going into effect this month, we are learning along with everyone else who appears before this Federal Court which hears appeals from Virginia and the other courts located within its “circuit.”   Unlike the trial of this catastrophic brain injury and paralysis case, several judges will decide the appeal.  These specially trained and experienced appeals judges will not hear from live witnesses to this devastating car and cycle crash, nor would they learn from the live testimony of the various medical, economics and life care planning experts.  The judges of the Fourth Circuit will review the briefs of the parties and then decide whether to affirm the trial judge’s rulings, reverse or remand for further proceedings.

I can tell you this, it’s not because I like to read insurance policies !The reason I ask for copies of MY OWN CLIENT’S Insurance policies is so that I can see what coverage is available in case the driver who crashed into them has no insurance (or very low limits of liability coverage).  The insurance policies on other cars and vehicles in my client’s household are also important.  There may be additional insurance protection from a spouse, parent or other relative’s insurance.  In those cases where the Defendant driver has no car insurance, the insurance my clients and their families may have is critical.  It may enable my clients to get full or more complete compensation.  The insurance company pays the judgement and then can pursue the negligent defendant for their money in what is known as a “subrogation claim.”  So, that is why I ask to look at ALL the insurance policies to see what coverages may be available to help pay for what has been broken, repair what needs to be fixed and provide resources for healing and care.

Driving down to Fredericksburg, past the Courthouse where many serious injury cases have been won, Doug Landau could not help but notice the temperature rising to record levels.  Nevertheless, the Triathlon Trial Lawyer performs well in high heat and humidity.  He was confident, having won the Biathlon (Swim-Run) at the Spotsylvania YMCA 2 years ago.  And the Reston Herndon injury lawyer was excited to be biking on Route 1, Jefferson Davis Highway.  After a slow pool swim, Landau picked off competitors and arrived with a screeching transition for the run through the woods and bog.  Doug was able to finish first in the Masters category, second among the men and third overall. Landau noted that the 2 competitors ahead of him had a combined age of less than his 47 years !  He enjoyed biking past the Spotsylvania Circuit Court house, where he has tried personal injury and workers compensation cases over the last 25 years.  .More exciting than collecting his awards, Landau enjoyed helping 7-year-old “Racin’ Mason” Allen to race in her first triathlon.  This wonderful Fredericksburg girl had just had her first swim practice this week.  Her father, Edward Allen of Allen, Allen, Allen & Allen, purchased her pink bicycle the day before the race !  Mason swam with a smile, and finished in style.  

This important concept explains both short and long term neurologic deficits in patients whose trauma did not produce either contusions, hemorrhages or lacerations sufficient to account for the deficits. Frequently, the latter lesions are minimal but the deficit is severe. Sometimes, notes Herndon Reston brain injury lawyer Doug Landau, there is a minimal laceration (cut) or not cut at all, but the neurological damage is significant. This is often harder on the innocent crash victim because they have no “Red Badge of Courage” to display to friends, family or their physicians to buttress their claims of disability, deficit and suffering. This, in turn can cause anxiety, depression and fear, especially in cases in the long and trying litigation process adds Landau.

How does Diffuse Axonal Injury occur ? What has happened is that rotational and other movements of the brain during trauma has resulted in injury to numerous axons in both cerebrum and brain stem. Brain injury trial attorney Doug Landau explains that this can happen as the result of a sharp, fast back-and-forth movement of the skull, or a rapid twisting of the head from an impact, or a high-velocity combination of (more…)

In keeping with the ABRAMS LANDAU, Ltd., “open date book” policy, here are events for which the Herndon Reston area injury lawyer has registered. Many clients have come to watch Doug Landau try a case. Here are dates so that you can also see him “tri” a race !

[Shown here is Doug Landau with a check. This was not from another successful case on behalf of a disabled, brain injured or bike crash client, but for a 10 mile race in upstate New York. While Landau does not “run for the money,” he has won valuable prizes all over the United States and abroad as an Age Group and Masters Amateur triathlete, road racer, track athlete and triathlete. As is his custom, the All American multisport athlete donated this check to a local school.

Doug Landau’s next race will be the nationally famous Columbia Triathlon at Centennial Lake, MD on Sunday, May 18th, 2008. This Olympic Distance triathlon may be TheAthletesLawyer’s longest race of the year. The last time he competed in this Columbia Triathlon Association event, he did so as a relay team, finishing in second place. As Doug Landau has not entered the Virginia Triathlon Series this year, he will be returning to races, such as this, that he has done in the past and will try new events as well.

Memorial Day will see him raising funds for the Sterling Fire Department (more…)

When an injured victim of a crash is brought into an emergency room, x-rays are often ordered. However, Herndon Reston area brain injury lawyer Doug Landau notes that while such diagnostic testing, while good for showing broken bones and fractures, does not show many kinds of brain injury. For example, a cyclist or motorist injured in a crash may have a subdural hematoma (sometimes spelled, “haematoma”) which may not show up in the Hospital immediately on a post-accident x-ray.
A Subdural Hematoma is a collection of blood that pools under the dura. Because x-rays do not “see” blood as easily as hard, boney structures, Doug Landau advises that these are sometimes missed. The dura is a relatively tough connective tissue (collagenous) membrane, about the thickness of parchment paper. It is firmly attached to the under surface of the skull, and in the spinal canal, it is separated from the bony structure (more…)

In an event that raises funds for the Special Olympics, put on by the wonderful “FinsWheels and Feet” crew, Doug Landau, the “TriathlonTrialLawyer,” began his 2008 Triathlon Season.

After several days of rain and cold weather, some participants were in wetsuits for the short outdoor pool swim !  The race began with a 250 meter serpentine swim. Passed repeatedly in the frigid pool, Landau managed a pedestrian 4:55.39 for 63rd. After his “pokey” swim, The Athletes Lawyer passed many of those who swam faster in the first transition in a blistering 00:41.70. Next, the racers biked 20km., completing 2 laps through the rolling Virginia Run Community located across the street from Bull Run Elementary School in Centreville, VA. Landau posted 33:38.9 for an average speed of 22.1 mph, for 10th best bike split. T-2 was on frozen feet and took 1:06.45. Running on what felt like stilts in 46 degree weather was difficult, but Landau managed 6:22 pace for the last 2 miles and a 20:30.45 5km. to post the 15th fastest run split in his Newton Racing flats.

With a total time of 1:00:52.8, the Triathlon Trial Lawyer was 8th overall against some 400 other athletes. The Herndon Reston area disability, brain injury and workers comp lawyer was also 2nd in his age group, in his first Triathlon of 2008. Having finished 10th in 2005 and 8th in 2006, Landau was pleased with his performance, if not his time and age group placing. [Shown here is the TriathlonTrialLawyer Doug Landau getting his age group award from Race Director and “Riptide Sports” Shandra Richardson and the Race’s Shark Mascot !]

In the previous posting, brain injury lawyer Doug Landau listed Direct Effects of head trauma and brain injuries.  In addition to those sometimes permanently disabling effects of an impact or blow involving the skull and brain, the Herndon Reston trial attorney notes that there are “Secondary Effect” which can also be quite devastating to the innocent victim of a bike or car crash.  Listed below are Secondary Effects of brain injury and head trauma:

B. SECONDARY EFFECTS OF BRAIN INJURY AND HEAD TRAUMA:

1. Cerebral edema or swelling

2. Herniations of brain tissue

3. Infection

4. As a result of traumatic brain damage, there may be permanent localizing neurologic defects or post-traumatic epilepsy.

See, www.pathology.vcu.edu/trauma.html

Traumatic lesions, whether they are the product of closed or penetrating injuries, and whether they are coup or contra-coup, may be said to have direct effects, and secondary effects.  Brain injury lawyer Doug Landau notes that it is important to have an experienced specialist examine and test for the subtle effects of a closed head injury and brain trauma.  Direct Effects of head trauma and brain injury, whether from bike crashes, falls, motor vehicle accidents, falling merchandise, or sudden acceleration/deceleration events, are listed below:

A. DIRECT EFFECTS

1. Skull fracture

2. Hemorrhages–epidural, subdural, subarachnoid or parenchymal

3. Lesions to brain–contusion, laceration [ the most minor “lesion” has no identifiable gross or microscopic counterpart in human material and is the concussion which produces unconsciousness].

4. Diffuse axonal injury [DAI]

(In the next post, Doug Landau will cover Secondary Effects of head trauma and brain injury.)