Landau Injury Law

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.”

Alcohol-related fatalities increased among motorcycle riders in half the states in 2007.  The increase was 7.5% over the previous year.  Motorcycle riders were featured in the government’s $13 million advertising campaign over the Labor Day Weekend.  Many of you may have noticed that law enforcement authorities stepped up their activities against drunk driving during the end of the summer.  At Abrams Landau, Ltd. we have seen alcohol impaired motorcycle drivers cause devastating injuries and lifelong disability.

Is there such a thing as a “Designated Driver” for inebriated motorcyclists ?

Spinal Cord Stimulation (”SCS”) has been shown to be an effective treatment modality for some people who have unremitting, chronic back pain as the result of a car crash, scaffold fall and other trauma to the spine. SCS is a covered benefit under Medicare and other governmental health care programs, and most Workers’ Compensation programs in the U.S. The Centers for Medicare and Medicaid Services (CMS) provided national coverage for SCS after determining that the therapy met the agency’s stringent requirements for medical necessity. The US Military Health System also covers SCS for active and retired military personnel and their families.

Pain management physicians and relevant national medical societies agree that SCS is an appropriate treatment for chronic neuropathic pain patients meeting the following criteria:

• Other treatment modalities have failed or are unsuitable or contraindicated;
• The patient has undergone careful screening, evaluation, and diagnosis by a
multidisciplinary team; and
• The patient demonstrates adequate pain relief in a clinically appropriate screening
trial.

According to the Position Statement of the American Academy of Pain Medicine: SCS is a safe, effective, and widely accepted therapy covered by a wide range of public and private payers. It is critical that patients with chronic, intractable pain have access to SCS because, for appropriate candidates, no other treatment options exist, and their condition is often partially or completely disabling. SCS provides a means to relieve pain, restore function, and improve the quality of life for these patients.

Once again the INOVA Health System is providing free medical information to the public. At a time when treating doctors spend precious little time with their own patients, this is a welcome public service. Doug Landau was shocked and dismayed to find out that a famous local orthopedic surgeon and professional sports team doctor sees 8 patients per hour, which averages less than 7 minutes per person!  The Herndon Reston area injury lawyer has attended several of these excellent programs. Landau has seen people ask questions, get valuable information and “face time” with experienced INOVA doctors and learned from other attendees questions and comments. The topics covered by the free lectures and Open House include:

• Oct. 23, 2008, 7:00 PM, (Thurs.) “Treatments for Arthritis,” Dr. William Lennen, M.D., call 703-750-8800 for more information.
• Nov. 8, 2008, 10:00 AM- 2:00 PM (Sat.) “Breast Health Open House,” see new digital mammography equipment, receive breast health education, meet experts, receive a free tote bag, and ask your questions. Call 703-391-3839 for more information.
• Nov. 11, 2008, 7:00 PM (Tues.) “Learn about the benefits of minimally invasive surgery,” Dr. Barry Walter, M.D., call 703-750-8800 for more information.
• Oct. 23, 25, and Nov. 1, 12, 13, 15, 20 (various times and physicians) “Weight-Loss Surgery Information Sessions,” at INOVA Fair Oaks Hospital. Call 703-391-3783 for more information.

One of the reasons Herndon Reston area injury lawyer Doug Landau travels to meet with lawyers from all over the world is to compare methods of effectively proving injured victims and disabled clients cases.  While working for a large solicitors firm in England Landau learned that the medicine and technology are similar on “both sides of the pond.”  The laws, trials and means of presenting cases in court are different, but being exposed to new ideas and successful strategies has been beneficial.  Shown here are South African lawyer Henry Shields, Pennsylvania Lawyer and WILG Stalwart Todd O’Malley and Mrs. O’Malley and Mrs. Landau at this year’s national trial lawyers convention, which is attended by members from countries all over the world.  Injuries caused by faulty products, drugs and dangerous chemicals have have common facts regardless of where in the world they occur.  Trial lawyers learn from each other and help each other.  That is how the trial lawyers can take on the multi-national corporations, manufacturers and insurers on behalf of the injured and disabled in contingency cases.

The American Academy of Pain Medicine (”AAPM“) has come out as supporting SCS.  AAPM members represent a variety of medical specialties that combine their focus on the diagnosis, treatment and management of pain.  Doug Landau and the team at the Herndon Reston injury law firm ABRAMS LANDAU, Ltd., have worked with a variety of pain specialists throughout the country on behalf of our disabled and injured clients.  One of the more difficult types of pain to treat is chronic pain.
While often considered a symptom, chronic pain is itself a disease that imposes severe emotional, physical, economic, and social stress on patients and their families.  In its position paper, the AAPM notes: “Because unrelieved pain and suffering are too costly for society and for patients and their families, and because the implantable technologies are known to be efficacious when used appropriately in the context of the pain treatment continuum, not using these technologies because they are deemed too costly by some makes no sense . . . and ultimately increases patients’ and society’s costs.”

The NEUROMODULATION THERAPY ACCESS COALITION “POSITION STATEMENT ON  SPINAL CORD NEUROSTIMULATION” recognizes  spinal cord stimulation (SCS) as an established treatment for chronic neuropathic pain.  This kind of pain can arise after nerve or nervous system injury, such as Doug Landau has seen after a car crash or fall from a construction site.  Abrams Landau. Ltd. represented one client from Connecticut who was able to return to school and get his Masters Degree from Yale University after being struck by an 18-wheel truck because of the implantation of a spinal cord stimulator.  The Herndon Reston area spine injury lawyer was able to win BOTH this client’s Social Security Disability claim AND his motor vehicle negligence case when hee was hit by a drunk driver.  SCS is minimally invasive, non-destructive, and reversible.  Pain specialists can conduct a temporary screening trial with an external pulse generator to assess whether a patient should proceed to implantation of the entire system.

The U.S. Food and Drug Administration (FDA) recognizes SCS as an aid in the management of chronic intractable pain of the trunk, arms and legs.  This includes unilateral or bilateral pain associated with so-called “failed back surgery syndrome,” which is generally defined as pain continuing or resuming despite an operative procedure undertaken to correct the cause of the pain.  Herndon Reston area back, spine and brain injury lawyer Doug Landau has seen numerous instances of “failed back syndrome.”  Not every patient is ideally suited for SCS, but there are clients who have gotten relief through TENS units, SCS and other medical treatment modalities short of, or other than, neurological surgery.   The reversibility of SCS is one of its most important features; unlike other surgical procedures that are commonly performed to relieve pain, SCS does not ablate pain pathways or change a patient’s spinal anatomy.

Based on peer-reviewed evidence demonstrating the cost-effectiveness of SCS in relieving chronic pain while improving quality of life and functional outcomes, SCS is covered by virtually all governmental and private payers in the U.S.

Neurological and psychiatric disorders such as traumatic brain injury, stroke, Parkinson’s disease, autism, depression, post-traumatic stress disorder, and chronic pain affect well over a billion people worldwide. These disorders steal away not only life span, but also our selves and identities. More than $1,000,000,000,000 is spent yearly in the battle against these disorders, even in the absence of effective treatments for many of them. Compared with innovations in other fields, like cancer, neurotechnologies have trickled out of labs at a relatively slow pace, yielding a handful of good drugs, a couple of methods for brain stimulation, and a few ways to image and analyze brain structure and activity.

FAA Inspecting physician (and MIT graduate) Dennis Sager, M.D. of Reston shared with Herndon brain injury lawyer Doug Landau information about neuroengineering and the steps being taken to study traumatic brain injury, post-traumatic stress disorder (”PTSD”) and chronic pain, since these are conditions with which many ABRAMS LANDAU, Ltd. clients have been afflicted. Landau learned that MIT has begun experimenting with a hands-on neuroengineering curriculum, in which undergraduate and graduate students actively engage in the process of becoming neuroengineers, learning to solve intractable problems of the brain by actually doing it. Landau visited MIT last year while in Cambridge meeting with a brain injury and vocational experts during the International Neurology Conference.