Ben's Blog 
Virginia Personal Injury Attorney
- Slip and Fall Cases in Virginia
- September 2008 BenGlassLaw firm newsletter
- August Ben Glass Firm Newsletter
- July BenGlassLaw Firm Newsletter
- Who Do You Sue In a Car Accident Case? Find Out About a Disaster
- Can a Car Insurance Company Deny Benefits for Chiropractic Care, Claiming They are Not "Real" Doctors?
- Reason #25 Why Insurance Companies Can Offer Low Settlements
- Another Good Reason to Have High Uninsured Motorist Limits
- Frivolous Lawsuits by Car Insurance Companies
- Bicycles and Head Phones Don't Mix
Virginia Medical Malpractice Cases
- Roanoke Times Editorial Critical of Virginia's Silly "Cap"
- Doctor Called "Immediate and Serious Threat To Public Health"
- Board of Medicine Acts Against Two Doctors
- One Million Dollar Fairfax Malpractice Verdict in Cancer Case
- "This Case Will Never Go to Trial "
Disability Insurance Claims
- Myths You Hear about ERISA long term disability claims
- New Disability Website Launched
- Huge Loss for Prudential Ins. Co In ERISA disability case
- Another Sc**w Job By a Disability Insurance Compamy
General
- New Book for Women Going Through Divorce
- July 2008 BenGlassLaw Firm Newsletter
- Backyard Play Set Liability and Risks
- Board of Dentistry Members Move to Dismiss Dentist's Lawsuit
- Would you Hire a DUI/DWI lawyer who's qualifications were that he knew how to plead you guilty?
- June Ben Glass Law Firm Newsletter
- April 2008 Ben Glass Law Newsletter
- Ben and Sandi Glass Profiled by Local Newspaper
- This Florida Drunk Driving Verdict is Just Nuts
- Should a Lawsuit Say Exactly What You Are Asking For?
Questions:
Virginia Personal Injury and Medical Malpractice Blog
Read the Virginia Personal Injury and Medical Malpractice Blog to get the latest information.Disability Insurance Claims
Myths You Hear about ERISA long term disability claims
If you are thinking about filing for disability under your employer's long term disability insurance policy, you are bound to get some "advice."Beware.
Some of that advice can sink your claim.
Read about ERISA disability insurance myths here.
Get your own copy of Robbery Without a Gun here.
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Labels: disability insurance claims
New Disability Website Launched
We launched a new disability website to promote our new book, Robbery Without a Gun, Why Your Employer's Long-Term Disability Insurance Plan may be a Sham.Read More about "New Disability Website Launched"
Huge Loss for Prudential Ins. Co In ERISA disability case
The Fourth Circuit Court of Appeals dealt a huge blow to Prudential Insurance Company of America yesterday in an ERISA long-term disability case.The case is Patricia Woods vs. Prudential Insurance Company of America.
The big issue in these cases is whether a federal judge and look at a claim denial "all over again" or whether he has to grant deference to the insurance company denying the claim.
In order to grant deference, the disability plan must have certain magic language in it "granting discretion."
The Court of Appeals ruled that standard language that Prudential uses in its plans does not grant discretion and that claims must be reviewed de novo.
This could effect thousands of Prudential group long term disability insurance policies and is a major victory for claimants.
Attorney Ben Glass is the author or Robbery Without a Gun, Why Your Employer's Long-Term Disability Policy May be a Sham.
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Another Sc**w Job By a Disability Insurance Compamy
Some of the major disability insurance carriers will stop at nothing to keep sticking it to claimants.Its tax time and the insurance companies are sending 1099's to those with whom it entered settlements last year.
At least one company is telling the IRS, via the 1099's that the settlements are taxable benefits, even if the benefit itself was not taxable! If you are getting disability benefits and you paid the premium for the policy, then any benefit you get is non-taxable. That's straight up federal tax law.
A major company is taking the position that "yes, you are right but since this is a settlement we are going to report it to the IRS as taxable."
Pure, outright fraud on the part of this company. The disabled insured is left paying more attorney and CPA bills to straighten out the mess...all because this major insurance company is either stupid as all get out or mean as the devil.
Take your pick. I've seen them both!
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Virginia Medical Malpractice Cases
Roanoke Times Editorial Critical of Virginia's Silly "Cap"
The Roanoke Times has a terrific editorial that clearly demonstrates all of the reasons why, in 2008, Virginia's"cap" on medical malpractice damages remains downright harmful to the most seriously injured in Virginia. There is no malpracice crisis in Virginia and never has been.Here's the article on the Virginia Medical Malpractice Cap
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Doctor Called "Immediate and Serious Threat To Public Health"
Finally, a state getting serious about a doctor with a history of inadequate care.The board of medicine in Boston, Massachusetts has suspended an ob-gyn with a alleged history of serious malpractice complaints, calling her an "immediate and serious threat to public health." Dr. Suzanne B. Rothchild's medical license was suspended after the board reviewed nine cases that alleged inadequate care by her. aAcording to court records. Rothchild has been accused of medical malpractice 12 times since 1993. see full story as reported by the Boston Globe here.
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Board of Medicine Acts Against Two Doctors
For the first time in 20 years, two doctors who gained immunity from suit in catastrophic birth-injury cases have been administratively punished by the medical board of the state of Virginia.I recent hearings, two obstetricians, Dr. Evelyn Anna Ruelaz of Fairfax County and Dr. Regina Burton of Woodbridge, received formal reprimands for the handling of births which resulted in devastating, lifelong personal injuries to infants while they were being delivered.
The reprimands go on the permanent record of a doctor and appear on his or her public profile at www.vahealthprovider.com/search.asp. No monetary penalties come from the reprimands and they have no effect upon a doctor’s ability to practice.
The sanctions reflect a tougher scrutiny of cases of injury during birth. The threshold for punishment was reduced by changes in 2003, which was after both incidents occurred.
A total of 209 sanctions were issued in the year 2006 by the board among 34,813 holders of Virginia medical licenses. However, until these cases, no sanctions had ever been made in birth-act generated cases.
Lee Ann Hershberger related to a medical board panel how her son was born, unable to ever care for himself after she was left unattended for long periods of time by Ruelaz.
According to records, for hours Hershberger labored alone at Inova Fair Oaks Hospital as the heart rate of her baby slowed and oxygen was shut off to him in utero due to multiple medical complications.
Her son is now age 4 and requires 24-hour care because of cerebral palsy, no coordinated use of his limbs, and inability to speak.
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One Million Dollar Fairfax Malpractice Verdict in Cancer Case
On Thursday, January 31, 2008, a Fairfax County jury returned a verdict in the amount of $1,000,000 in favor of one of our clients in a delayed diagnosis of cancer medical malpractice case.The case involved the care that a 45 year old man received from his non-board certified Internist for complaints of rectal bleeding for three years.
The Internist, having performed a flexible sigmoidoscopy, was convinced that the source of the bleeding was hemorroids. We claimed that there was no evidence that the source of the bleeding was hemorrhoids and that the patient should have been referred out to a gastroenterologist for further treatment and a colonoscopy.
The three year delay cost the patient a chance to have his pre-cancerous lesion (polyp) removed with a simple procedure. In the end, he underwent major surgery to remove a part of his rectum. The surgery left him with an almost total loss of sexual function, bowel dysfunction and scarring. He also underwent radiation therapy and almost a year of chemotherpay.
Teaching points:
1. Why see a non-board certified physician? There is a reason that there are certification processes in place. (There is a national certification process for trial lawyers as well!)
2. Rectal bleeding can be very, very serious. If in doubt, get a colonoscopy, it is the 'gold standard' for discovering rectal cancer.
3. Colon and rectal cancer is slow growing, thus, early detection is very important and affords the best chance of a 100% total cure from cancer.
4. The insurance company (there is an insurance company behind almost every medical malpractice case) did not offer any money to settle the case, thus subjecting their doctor to four days of scrutiny.
5. Each case is different and must be evaluated on its own merits. This verdict does not represent what you may recover in your case.
If you believe you have a case of medical malpractice, you should first read my book, Why Most Malpractice Victims Never Recover a Dime.
Before you call a lawyer, please read The Truth About Lawyer Advertising.
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"This Case Will Never Go to Trial "
I wish I had a dollar for every time a prospective new client assured me that their case was so good that he would never go to trial.While most civil litigation settles I would bet that most medical malpractice cases in Virginia actually go to trial. There are several reasons for this.
1. The insurance companies are protected by Virginia's cap on medical malpractice damages. they know that on their worst day what their losses will be and if there are multiple defendants found guilty of malpractice each will share in the total loss. This reduces the risk to take cases to trial. Why settle a bad case when it may turn out that you can greatly reduce your payment by bringing other doctors down with you?
2. Insurance companies will spend any amount of money to defend a case. They will search high and low for experts to defend the care of their doctors. At the beginning of my career I helped the insurance companies defend doctors. When we got a new case in to defend we might send the case out to five or six doctors for reviews. We might get five negative reviews but then choose the doctor who is willing to go out on a limb to defend the case. Insurance companies have a limitless amounts of money that enables them to expert witness shop.
3. These cases are much more difficult than you can imagine. Even when other local doctors have pulled you that another doctor messed up most will never say that in public at a trial or deposition. This is because the medical profession and medical societies and insurance companies put a tremendous amount of pressure on doctors who say anything bad in public about other doctors. They will find themselves shunned at medical meetings or perhaps unable to get insurance themselves. In some cases other doctors have brought professional ethics charges against doctors who testified for patients.
All of this means that it doesn't matter, in Virginia, how badly you were treated or how clear the malpractices... your case is likely going to trial and it will require hundreds of hours of work and tens of thousands of dollars in expenses.
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Virginia Personal Injury Attorney
Slip and Fall Cases in Virginia
We get about two calls a week from folks who have slipped and fallen in a store or other public or private premises. In most cases the injured person has slipped on a substance (as opposed to tripping on an object.)I've written an article on the subject of Virginia slip and fall claims to help answer some questions that people have.
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September 2008 BenGlassLaw firm newsletter
Attorney Ben Glass discusses "winners and losers;" another silly lawyer marketing website; contingency fees and a really funny sign about "flavored lemonade" in his September 2008 law firm newsletter.Read More about "September 2008 BenGlassLaw firm newsletter"
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August Ben Glass Firm Newsletter
The August issue of the BenGlassLaw firm newsletter is now available on-line.Topics discussed include:
The "magic formula" for settling personal injury cases
"Time, there never seems to be enough of it."
Ben Glass on TV
Can you sue after your kid gets expelled for drinking?
Here's the August issue.
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July BenGlassLaw Firm Newsletter
Did patient die because doctor hung up phone?How to really manage your time.
How to deal with an insurance adjuster.
Fibromyalgia and disability, why Prudential got hammered
and more....... The July issue of our firm newsletter is here.
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Who Do You Sue In a Car Accident Case? Find Out About a Disaster
Look what happened when a Virginia car accident victim decided to take the car insurance company on on his own.The ending isn't good. Here's the story about this car accident.
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Can a Car Insurance Company Deny Benefits for Chiropractic Care, Claiming They are Not "Real" Doctors?
Here's an interesting question about chiropractic care and insurance companies in Virginia.Here's Ben Glass's answer to that question.
Reason #25 Why Insurance Companies Can Offer Low Settlements
The insurance companies know how very expensive it is for a plaintiff to take their case to court. Some doctors charge outrageous fees (and have outrageous cancellation policies) for testifying and the insurance companies know this.
Here is a great blog post on the high cost of trying a personal injury case.
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Another Good Reason to Have High Uninsured Motorist Limits
Think this guy was driving around "fully insured" and able to compensate his victims?A man who has already served a full sentence for an accident which left a Chesapeake woman with severe personal injuries five years ago because he was “hotdoggin” drunk on a motorcycle will be heading back to prison.
On Monday, April 28 Chief Circuit Court Judge Mark Davis sentenced Joshua Bristol to spend five years in prison for maiming and another year for drunk driving. Two years and six months of the sentence for maiming were suspended provided that Bristol successfully completes two years of supervised released.
On July 4, 2003, Bristol struck April Mapp-Sawyer outside of Three Cheers restaurant and lounge in the parking lot in Cradock.
Mapp, who is unable to remember the incident, received severe personal injuries and has been unable to return to work since the accident.
Bristol first received a conviction for the charges in 2004, but appealed. The conviction was overturned by the Virginia Supreme Court in November 2006 because the court ruled that blood test analysis should not have been admitted as evidence because he was not officially placed under arrest when he consented to the test.
Bristol had already served his sentence of the first convictions when the high court gave its ruling.Prosecutors in Portsmouth decided to bring back the charges and Bristol was convicted again of the same charges in March.
Teaching Point from Attorney Ben Glass:
Dirtbags can legally drive in Virginia without insurance. It's one of those wacky things that go on here. Even if he bought insurance, he probably bought the minimum.
You can buy up to a million dollars of uninsured coverage from most car insurance companies.
They don't want you to know about it and they certainly don't (most of them) want to sell too many of those policies.
Why?
Because when they sell you a policy like that they are really insuring the dirtbag.
Not a good deal for them.
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Frivolous Lawsuits by Car Insurance Companies
Insurance companies: give them an inch and they'll take a mile.We represent a very nice lady who was very seriously injured. The lady who hit her pleaded guilty to causing the accident.
This major insurance company begged us not to sue... "send us your demand... send us your medical records...we want to settle."
We sent them everything..
we waited
and waited
and waited
and then filed suit.
What's the first thing the insurance company did? Filed its own suit against the driver of our client's vehicle (our client was a passenger.) Purely 100% frivolous. Their lady pleaded guilty!
This is an example of what insurance company's due to muck up the system.
Delay
Delay
Delay..
then blame someone else.
Next time this insurance company says "we want to settle...don't sue..." they won't even get a return phone call.
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Bicycles and Head Phones Don't Mix
There is a tragic story last week out of Orange County, Virginia. Apparently a 15 year old was riding his bicycle on Route 612 when a car approached him from the rear.According to published reports, the car mosed into the oncoming lane to pass the cyclist. The young boy, however, then turned left in front of the car.
According to Virginia State Police Sgt. F.L. Tyler, the young cyclist was wearing headphones as the time of the accident. Unfortunately, he died from injuries sustained in the accident.
The obvious but sad lesson is that wearing headphones while bicycling (and, for that matter, while running near traffic) is a recipe for disaster.
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General
New Book for Women Going Through Divorce
Virginia Beach, Virginia, divorce attorney Charles Hofheimer has written a terrific new book that is a must read for women going through divorce in Virginia. The topics covered in What Every Virginia Woman Should Know About Divorce are here and you can quickly order this book for yourself.Read More about "New Book for Women Going Through Divorce"
July 2008 BenGlassLaw Firm Newsletter
The July 2008 newsletter from Virginia Personal Injury Attorney is available. Ben Glass reveals why "Perfection is for Dummies."Read More about "July 2008 BenGlassLaw Firm Newsletter"
Backyard Play Set Liability and Risks
Ever wonder what happens if a neighbor's child falls and gets hurt while playing on your backyard playset? Should you post signs first? Should you just keep them out of your yard?Ben has answered this Virginia personal injury question here.
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Board of Dentistry Members Move to Dismiss Dentist's Lawsuit
Members of the Virginia Board of Dentistry, have moved to dismiss a federal lawsuit filed by a dentist that has been the subject of proceedings. Farid Zurmati, DDS, had filed suit against eleven individuals, alleging, in part, that his civil rights have been violated.Here is the response filed by the members of the Board of Dentistry.
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Would you Hire a DUI/DWI lawyer who's qualifications were that he knew how to plead you guilty?
Some lawyer advertising is beyond outrageous. Problem is that most consumers don't know the difference BEFORE they hire a lawyer.DUI1.com a mega-lawyer directory website that advertises that it has "qualified lawyers to represent you if you are charged with drunk driving" sent out an email to thousands of lawyers across the United States today. It was seeking more "qualified" lawyers to pay it to be listed on their website.
The problem?
The only qualification they apparently solicit is that the lawyer KNOW HOW TO PLEAD THEIR CLIENT GUILTY!
I kid you not. First, go to their website and see what it says.
Then, click here to see the email they sent out on June 25, 2008 to lawyers.
Look, before you hire any lawyer, get The Truth About Lawyer Advertising. Its avaiable through Amazon and the link is at the top right hand corner of this website.
June Ben Glass Law Firm Newsletter
Our firm newsletter for June 2008 is now posted. Look at it for some important information about the 2008 Marine Marathon.The 2008 June Ben Glass Law firm newsletter is here.
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April 2008 Ben Glass Law Newsletter
The April 2008 Ben Glass Law newsletter is here.Read More about "April 2008 Ben Glass Law Newsletter"
Labels: Ben Glass Law Firm Newsletter
Ben and Sandi Glass Profiled by Local Newspaper
Here's a very nice article done by one of our local newspapers. We are still looking for runners to join our Marine Corp Marathon team for 2008. If you are interested in joining us, go to www.TeamLWB.com.Read More about "Ben and Sandi Glass Profiled by Local Newspaper"
This Florida Drunk Driving Verdict is Just Nuts
Some verdicts are just nuts (sorry to some of my friends who don't think plaintiff's lawyers should criticize any verdict.)The case is tragic but the verdict is crazy.
In Florida, two drunk kids get into a car and the car crashes into a tree. One teenager dies and the other is paralyzed.
According to court documents, Archbishop Coleman Carroll High School
was partially negligent in the accident that killed Michael
Sánchez-Agramonte and left Gabriel Maynoldi in a wheelchair.
The sue everyone, including their private high school, whose faculty knew about the party and didn't alert police.
They also sued a bunch of other people, including the person who bought the alcohol.
Let me understand this... they voluntarily drank..they voluntarily broke the law...they voluntarily got into a car and crashed it into a tree.
Tragic...but they didn't hurt anyone but themselves.
Verdicts like this (and its not the jury's fault, apparently Florida has some very liberal laws) hurt everyone because they make a great story for tort reformers to tell to condem us all.
This case would never have seen the light of day in Virginia. Our laws are tough on drunks and on the folks who get into the cars with drunks. There would be zero liability to a school who knew about the party in advance and even zero liability for the person who bought the alcohol because the kids voluntarily drank it.
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Should a Lawsuit Say Exactly What You Are Asking For?
In the state of WestVirginia, legislation which would prohibit specific
financial demands for damages in personal injury and wrongful death cases from
being included by attorneys has drawn support from both trial attorneys and
defense counsel.
Earlier in March, the state’s Legislature passed House Bill
4120, which would prohibit such demands in ad damnum clauses. Exceptions are
provided by the bill for cases when a specific amount is necessary for
obtaining or preserving jurisdiction or otherwise required by an existing
statute or rule. A similar law for medical malpractice cases is already in
place.
West Virginia Governor Joe Manchin received the bill on Monday, March 17 after
it was unanimously passed by both the House and Senate.
Teresa Toriseva, president of the West Virginia Association for Justice,
mentioned two lawsuits filed in 2007 which helped trigger public perception
about “frivolous” suits, although both were outside of “the accepted practice
of responsible attorneys.”
In one case, a judge in Washington,
D.C. filed a $54 million suit
against a dry cleaner for losing a pair of pants. The other was a West Virginia suit for
million filed against McDonald’s for putting cheese on a hamburger.
According to Toriseva, both received national attention but would not have
attracted any attention had the attorneys filing the cases not included large,
unjustified financial demands. She says that the legislation would help ensure
that the evidence in the case fully supports the damages being sought.
Bob Massie, a Huntington, West
Virginia attorney, says that it will help the perception of West Virginia’s judicial
system. He says that some attorneys were abusing the practice for the sake of
publicity or attention, which harmed the state through the backlash.
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Labels: tort reform
Marine Corps Marathon 2008
The Marine Corps Marathon is October 26, 2008. Registration opens April 30.Ben Glass will be running the marathon again this year and he and his wife, Sandi, invite you to run the 2008 Marine Corps Marathon with a terrific charity, Love Without Boundaries.
Love Without Boundaries is an international organization dedicated to improving the lives of orphans in China.
You can get information about running the 2008 Marine Corps Marathon with Ben Glass and Love Without Boundaries here.
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Labels: 2008 Marine Corps Marathon
Major Law Firm Directory Websites Exposed
If you are looking for a lawyer and think that trolling those mega law firm directory websites is going to get you anywhere, do yourself a favor and read this new report first.You can download this report on the Truth About the Mega Lawyer Directory Websites here.
Written by Mischelle Davis of the Davis Law Group.
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N.C. Attorney Brent Adams is Right About ERISA
Brent Adams has a post over at InjuryBoard where he exposes the dirty little secret behind ERISA law. Basically, claimants get hammered not because of the law itself, but because of the perversion of the law that has come from the federal courts, starting with the Supreme Court of the United States.Here's the sad fact: employers could put an end to the travesty of ERISA by eliminating six words from every health benefit and disability plan.
Employers, if you care a wit about your employees, you should insist that no plan has these words:
WE HAVE THE DISCRETION TO DETERMINE BENEFITS.
These are the words that allow the insurance companies to tread all over your employees. Policies with "discretionary language" in them are literally no benefit at all.
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"If you’ve been in an accident, call me. Quick! Right now! I can get you the money you deserve. It costs you nothing. I care about you!"
Ever seen a lawyer ad like that said:
If you’ve been in an accident, call me. Quick! Right now! I can get you the money you deserve. It costs you nothing. I care about you!
Pretty silly, isn't it? That's not the way it works yet that's what I see in some lawyer ads. Doesn't give you a whole lot of useful information, does it? Check out most of the TV ads. That's the message they are delivering.
If you've been in an accident or been hurt by a medical practitioner, you might not need a lawyer, but you should get the books I have written for consumers to read BEFORE talking to an insurance claims adjuster or hiring an attorney. The books are free for Virginia resident.
Get Why Most Malpractice Victims Never Recover a Dime
The Five Deadly Sins That Can Wreck Your Virginia Accident Case.
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Ben Glass Authors The Ultimate Success Secret
Ben Glass has teamed up with internationally known entrepreneurial genius Dan Kennedy to write the Ultimate Success Secret. Based on years of experience teaching, coaching and working with some of the brightest entrepreneurs in the world, the authors take a good hard look at just what it is that seperates "successful lives" from "ordinary lives."This Ben Glass Dan Kennedy authored book is only available here and an on-line order form is here.
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New Cleft Home in China
As many of you know, my wife, Sandi and I have experienced the wonderous world of international adoption. Our youngest son, Kevin, was born with a cleft lip and palate in China. We have learned that many children born in China with a cleft lip/pallete will die from malnutrition.
This shouldn't happen. Cleft surgery is a miracle for these kids. Problem is that they sometime can't get enough nutrition BEFORE surgery to get their weight up enough to HAVE surgery.
That is changing.
Love Without Boundaries, an international organization of volunteers from around the world is changing lives for children in China. Now, Love Without Boundaries is building a home where children born with cleft lip/palate can go to get the care and nutrition they need to be healthy enough for surgery.
Check out www.LWBCleftHome.com. Its a wonderful organization.
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Nurse Finds Reliance Standard Disability Policy Not Very Good
The Fourth Circuit Court of appeals has upheld the denial of disability insurance benefits to a nurse, finding (once again) that policy language in a Reliance Standard Insurance company's long-term disability policy REALLY DOES MEAN that you are only eligible for payments under the total disability definition is you can't to ALL of the material duties of any occupation.Here's what this means to consumers and employers. MOST disability policies will protect you if, because of sickness or illness, you can't work. MOST policies will pay benefits if you can't work, even if you could actually do some of the duties (but not enough that anyone would actually employ you.)
Now, Reliance can sell any policy it wants but employers and employees who have bought a policy from Reliance should know that they only qualify for benefits if they CAN'T DO ANYTHING.
The court quoted Reliance's reason for denying benefits:
Reliance notified McKeldin that she did not qualify for long-term disability benefits under the Plan beyond thirty-six months because she could perform some material duties of occupations that her education, training or experience would reasonably allow.
The Court said that under this policy an insured who can perform one or more of the material duties of her job, but not all, is not "totally disabled."
Imagine if you were a quadriplegic actor who could still read. Reading is a material duty of being an actor. If reading were all you could do, you would not be entitled to benefits.
What if you were a baseball player who could bat but not run. NO BENEFITS!
Again, we are not critical of Reliance. It can sell any product it wants.
We are critical of employers who buy policies that offer virtually no protection.
The case is McKeldin v. Reliance Std. Life Ins. Co., No. 06-1743, 2007 U.S. App. LEXIS 24289 4th Cir. Oct. 17, 2007) (unpub)
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"Just Sign Right Here, Maa'm"
A Carroll County, Virginia judge has thrown out a purported "settlement" between a car accident victim and the insurance company. The insurance company argued that an oral agreement between the car accident victim and a senior claims adjuster was consummated in February 2006. The insurance company argued that the plaintiff had agreed to accept $1500 for pain and suffering and lost wages and up to $10,000 for any medical expenses incurred through the end of the month. The plaintiff claimed that she did not understand the agreement to be a settlement of all of her claims.The plaintiff apparently had met with a claims adjuster just two days after the accident. They discussed the property damage claim and she gave medical authorization releases to the adjuster. Over a week later she received a phone call from a different adjuster. They discussed several aspects of the claim and while the plaintiff thought that she was signing forms to settle for property damage claim the insurance company thought that it was settling the entire case.
When the plaintiff filed her lawsuit the judge had to make a ruling as to whether the "settlement" was valid or not.
The judge ruled that there had been no "meeting of the minds" and us there was no valid settlement.
Note from Virginia personal injury Attorney Ben Glass: having discussions with her claims to adjuster and signing forms so soon after an accident can lead to problems later. The biggest problem is that the insurance adjuster knows the rules and the claims process and you don't. Some claims can be settled without an attorney but Virginia car accident victims are encouraged to read Five Deadly Sins That can Wreck your Virginia accident case before signing any insurance company forms.
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Drive Drunk and Lose Health Insurance Benefits
In Lennon v. Metropolitan Life Ins. Co, the 6th Circuit had joined that chorus of courts that have denied health insurance or life insurance benefits to someone who drives drunk and hurts or kills themselves.The court held that such "accidents" are not accidents at all when you drive drunk and get in a crash. The plan administrator was not wrong to deny benefits.
Obviously, you should never drive while intoxicated. Besides all those other good reasons like you might get arrested, hurt someone or face increased insurance rates, you might also find that none of your hospital bills are paid and, if you die as a result of your foolishness, your family may be denied benefits.
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"Malpractice Settlements are Skyrocketing"
You hear that a lot, don't you?"The price of medicine is going sky high because of frivolous medical malpractice settlements."
Not true.
The reality is that good cases tend to get settled (except in Virginia when the injury is catastrophic, then the insurance company, protected by Virgina's "cap" on damages, almost always throws the dice) for reasonable amounts. The real world is that insurance companies don't pay significant money to claims they could win in court.
A new report proves just that point. Read "The Fairness of Malpractice Settlements."
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Video Surveillance Sinks Claim..or Worse
A federal judge in Texas has not only denied an ERISA long-term disability claimant's claim, but, on learning that the insurance company caught the claimant on video doing things she had said she couldn't do.ERISA long-term disability claimants must assume they are being videotaped. We see it in almost every case. If you get caught misrepresenting your condition you waste your lawyer's time and the Court's time.
In this case, the court went so far as to call the claim fraudulent and suggested that the lawyer submitted a fraudulent claim.
The full opinion Lemon v. Liberty Life Assurance of Boston is here.
To order Robbery Without a Gun, an expose of the long-term disability insurance industry, just click on this link.
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When Will They (Drunk Drivers) Learn?
When will they learn?"They"
Drunk Drivers
"They"
Teenagers who drink and drive.
The Washington Post is reporting that a Westfield High School student has been charged with involuntary manslaughter in the death of Kathleen Becker, wife and mother.
Now the prosecutor will be asking the court to try the young lady defendant in adult court. Commonwealth's attorney James E. Plowman was quoted in the Post as saying "We are trying to send a message about underage drinking."
What will it take?
The unnamed teenager may find herself not only doing jail time but civilly liable for compensatory and punitive damages to Becker's family.
What a tragedy.
One death and two families in turmoil.
What will it take?
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The Insurance Company Settled at the Mere Mention of Our Name
Have you seen that television commercial that depicted insurance company claims adjusters in a room saying that the case had to be settled because of who the attorneys were on the other side?The ads all feature actor Robert Vaughn "endorsing" the firm. What do you think Robert Vaughn knows about finding a lawyer?
Does anyone think that insurance companies really settle, no matter what the facts are, based on who is representing the victim?
Nope.
These ads are so tacky that attorneys using them in Indiana were disciplined.
Want to know more?
Go to www.TheTruthAboutLawyerAdvertising.com
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Important Personal Injury Video
There is a new video that reveals the truth about the tort reform effort.Read More about "Important Personal Injury Video"
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Underinsured? Whose fault is that?
At least two times a month I get calls from potential clients who have been involved in serious automobile accidents but for whom I can be of no assistance. I spoke to a woman the other day who had been rear ended by a large SUV. She suffered a serious injury to her neck and faces the prospect of multiple surgeries and an inability to work at all in the future.The bad news is that despite the clear liability and substantial damages the person who hit her has minimal insurance coverage. The potential claimant, too, had failed to adequately protect she and her family with the purchase of an adequate amount of uninsured motorist coverage.
This woman ended up getting frustrated and mad at me because I could not solve her problem. The problem is that she had failed to adequately investigate and purchase uninsured/underinsured motorist insurance. As I have written many times in the past on my website and in my newsletter this insurance is cheap and frankly is the best deal out there for consumers. If you are a reader of this blog or my newsletter and you have not consulted with your insurance company to find out how much it costs to buy at least $500,000.00 of underinsured motorist coverage then “shame on you.” If you still do not know what I am talking about order my book, “How to Buy Automobile Insurance in Virginia.”
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A disgraceful action by a lawyer (and judge!)
There's a lawyer (and administrative law judge) in Washington, D.C. who is suing a dry cleaners for $65,000,000 (Yes, MILLION).That's crazy.
He's moaning about something they did with his pants. They already offered him $12,000 to settle.
Hope the judge hearing HIS case socks it to him. This is ridiculous and one has to wonder whether any tort reformers have but him up to this just to create a "poster child" for lawsuit reform.
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April 2007 Virginia Personal Injury Newsletter
Our free Virginia Personal Injury and Medical Malpractice newsletter is now available for free PDF download. Fairfax, Virginia Personal Injury Newsletter.Read More about "April 2007 Virginia Personal Injury Newsletter"
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$200,000 Defamation Verdict In Fairfax County
A Fairfax County Jury has returned a verdict of $200,000 in a defamation case where it was alleged that an employee of a company made statements that were untrue to a government security clearance investigator.Read more about this Fairfax, Virginia defamation verdict here.
May 15, 2007
New trial awarded in defamation case. A Fairfax circuit judge has ordered a new trial in this case based on a newly-released decision by the Supreme Court of Virginia.
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New Jersey Leads in Info About Docs
Which state provides the most accurate, up to date information about doctors to the public on the Internet?
A report released in October by Public Citizen says that New Jersey provides the most detailed information about its doctors on the Internet. Its site provides general profiles of over 30,000 physicians licensed in the state as well as information about their malpractice judgments, disciplinary actions, and criminal convictions.
In contrast there is very little "real" information available at Virginia's doctor web site. North Dakota, however, ranked last in valuable information available for patients.
End
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Supreme Court Whacks Ford Co. Attorney
Kudos to Fairfax Circuit Court Judge Jonathan Thacher, and the Supreme Court of Virginia, for taking the lead against a common defense tactic..."frivolous defenses."Judge Thacher fined, and the Supreme Court upheld, an attorney for Ford Motor Company for filing pleadings in a personal injury lawsuit in Fairfax, Virginia that "were not grounded in a reasonable belief in the facts."
You can read more about sanctions against the Ford Motor Company attorney here.
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Another "Thanks" for this website
Going beyond most lawyer websites, which are often not much more than a glorified Yellow Page ad, at www.BenGlassLaw.com we try to provide useful information.Today I received this very nice "Thank You" from someone who didn't hire us (not everyone needs a lawyer, contrary to what you hear on most ads!) but who found the information at www.BenGlassLaw.com useful.
The information on your website has been MOST helpful to me, as I have been forced to navigate the legal system alone. If I do recover any damages, I will be certain to remember you and the information you have so kindly availed to ordinary citizens like me.
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What are the ERISA "Rules"
Here are some of the rules that a disability insurance company handling an ERISA case are supposed to follow.Read More about "What are the ERISA "Rules""
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Contact Ben Glass Now
You can send a confidential message to Ben Glass right now or call at 703-591-9829Read More about "Contact Ben Glass Now"
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New Legal Marketing Blog
New effective, ethical and outside the box marketing for lawyers blog.Read More about "New Legal Marketing Blog"
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Effective, Ethical and Ouside the Box Marketing Blog
New website by attorney Ben Glass teaches, effective, ethical and outisde the box marketing techniques.Read More about "Effective, Ethical and Ouside the Box Marketing Blog"
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One More Reason To Speak To A Lawyer First
I was in Fairfax Circuit Court the other day and I listened in while a Virginia automobile accident victim’s attorney argued that a certain letter the victim had written to the insurance company (before he was involved) should not be read to the jury in her personal injury trial.Apparently, before hiring an attorney this woman had tried to handle her claim on her own with the insurance company and had tried to settle the case. In a letter written to the insurance company she said, “I don’t think I will need any more medical care.” As it turned out her condition worsened and she needed several surgeries. Her attorney was arguing that the letter she wrote to the insurance company was not admissible for any purpose.
The judge ruled that she had made an admission of fact in that letter and that the letter could be read to the jury.
Tip from Virginia personal injury attorney Ben Glass: You may not need a lawyer to represent you in every case but you should seek the advice of a lawyer and you should find out as much information about the claims process as you can before you give recorded statements or sign papers or send letters to an insurance company. Most lawyers will consult with you at little or no cost. This lady made a major preventable mistake in her claim and it undoubtedly will come back to haunt her at her trial.
If you have been injured in an accident in Virginia and are considering talking to the insurance company without hiring an attorney, at least get our free book on Virginia Car Accident Claims.
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What They Say About Our Books
As many of you know, we strive to provide more solid information to consumers than any other law firm. We do this by publishing a variety of free books, some critical of insurance companies and some critical of misleading or non-informative lawyer advertising (Pit bulls, fistfulls of cash and gory accident scenes don't give you any useful information, do they?)We get positive feedback, have a steady flow of new cases and, importantly, are helping to improve the image of trial lawyers in the United States.
Here's part of an email I got this morning:
"...When I get the disability package I will read it. Without being "nice" I can honestly say, the information you sent (about malpractice) was the best I ever read on the subject, and the clearest on any subject from any lawyer. I hope I don't need your services, but if I do, you've got the job."
Our books are:
The Truth About Lawyer Advertising
Five Deadly Sins That Can Wreck Your Virginia Accident Case
Why Most Malpractice Victims Never Recover a Dime
Robbery Without a Gun..Why Your Employer's Long-Term Disability Policy May be a Sham
Ben Glass
Virginia
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Feedback from "Why Most Malpractice Victims..."
As most visitors to www.BenGlassLaw.com know, we strive to provide the best information to consumers before they hire a lawyer or deal with the insurance company themselves.Here is some feedback that we got recently regarding "Why Most Medical Malpractice Victims Never Recover a Dime."
"I did get the book and several booklets. Read every word by the way. I discussed the pertinent facts with several members of my family, which I had outlined in brief summary in my message to you. Finally I spoke with my wife, who was the person most directly effected by the errors of the several surgeons. At any rate, despite acknowledged issues arising from the case - mostly time, pain and suffering plus the added medical expenses, her (our) greatest need is for an honest admission of wrong doing - in short - an apology from the doctors. She realizes this is unlikely to happen and has no desire to pursue the case, regardless of its merits. I defer to her choice in this matter.. She feels that the doctors are not incompetent jerks - they simply made mistakes and demonstrated unsound judgement which resulted in unfortunate consequences.
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ERISA Disability Benefits Denied
A Federal District Court Judge in Alexandria has ruled in favor of Hartford Life Insurance Company on a claim brought under a long-term disability policy that it issued.ERISA governed this long term disability benefits claim.
Even though the claimant was receiving Social Security Disability Benefits the court found that the claimant had not proven that he is disabled from working in any occupation. The court found it persuasive that the claimant’s primary treating physician for his back problems, and the only physician who had ever placed restrictions on claimant’s ability to work, agreed that the claimant was capable of working in a light occupation. The insurance company also produced two independent medical reviews that supported the denial of the claim.
Virginia residents can get their copy of the free book Virginia Disability Attorney Ben Glass has written by going to www.TheDisabilityBook.com
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Whoops, Wrong Sided Surgery
Surgery that occurs on the wrong patient, or on the wrong side is apparently a lot more common than reported in the medical literature. According to the Archives of Surgery, in fact, you'll read more about it in the general press than in the medical literature. (They appear to attribute that fact to "shame." The article suggests that surgery on the wrong patient, or the wrong side is preventable--I sure hope so! The researchers looked at several databases demonstrates that WSPEs occur across all specialties, with high numbers noted in orthopedic and dental surgery. Here's a web site I found that's devoted to this form of medical malpractice. Here's what on doctor says about the study and how he prevents wrong sided surgery from happening to his patients.Read More about "Whoops, Wrong Sided Surgery"
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WHEN IS AN ACCIDENT NOT AN ACCIDENT.
The answer is that if you have many types of health insurance which only pay if you are "accidentally" injured you will not get the benefit of that policy if you are a drunk driver. The Fourth Circuit Court of Appeals has recently reaffirmed longstanding law that an insurance policy may properly deny coverage for your medical bills if you were drunk and driving when the accident occurred.The case involved an accident in Parkersburg, West Virginia and the drunk driver had a blood alcohol level of 0.15 percent. This was 50 percent higher than the legal limit in West Virginia. The court held that it was reasonably foreseeable and thus not an accident that a drunk driver would hurt himself.
This follows a national trend in which almost 100 percent of the courts who have ruled on the issue have held that the denial is proper. The case is Eckelberry v. ReliaStar Life Insurance Company.
If you have been injured in an accident then you should read The Five Deadly Sins That Can Wreck Your Virginia Car Accident Case, (free to Virginia residents.)
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You'll Get More Money Without An Attorney
Many of the calls we get come from claimants have become fed up with insurance company tactics.What we hear is that some claims adjusters have made statements that disparage the claimant, her doctor or personal injury attorneys.
A Nationwide Mutual Insurance Company made some statements that disparaged a particular personal injury attorney. The Supreme Court of Virginia has ruled that the statements were not matters of opinion and that the attorney's defamation lawsuit against the adjuster and the insurance company could go forward.
Read More About how ""You'll Get More Money Without a Personal Injury Attorney" may end up costing Nationwide Insurance Company a lot of money.
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Virginia Still In Dark Ages with Drunk Drivers
Virginia remains in the dark ages regarding the responsibility of adults to NOT serve alcohol to minors.According to news reports, defendants in a recent Fairfax County civil lawsuit had knowingly served alcohol to minors in their homes. They then allowed the minors to leave the house, driving their cars.
One of the cars was then involved in a fatal accident.
Question: which of these theories of liabilities will hold the adults responsible for their negligence?
--negligent failure to exercise ordinary care for the safety of minors
--negligent failure to assess the age of the minors they were serving alcohol to
--child neglect
--contributing to the deliquency of a minor
Answer:
NONE
Following well established Virginia law, Fairfax County judge Kathleen McKay through out the lawsuit against these adults.
Virginia needs to come into the this century.
According to an article on liability for serving alcoholMost states impose liability on social hosts where:
Alcohol is served to a minor
The host was reckless in serving alcohol or should have recognized the extent of the guest’s intoxication and not served him or her more alcohol.
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The High Cost of Malpractice Insurance--Explained
Here we go again. The public is constantly bombarded with misinformation from insurance companies about "the high cost of insurance."What you don't see are the really, really stupid decisions that insurance companies make that lead to them paying more for their lawyers and then more to the patient.
Case in point. We represent a very nice gentleman who underwent an operation earlier this year. During the operation a sponge was left inside his body and for several months he suffered. He then had to undergo another (totally unnessary) operation to remove the sponge.
There are some lawyers who would immediatly file suit, issue a press release and cause all sorts of commotion.
We wrote the hospital and the surgeon, making a reasonable settlement demand. Here's what happens next:
Hospital gets lawyer who says, "contact surgeon, it's his fault."
We get letter from surgeon's nit-wit insurance company that says "hospital's fault--not my job to count sponges."
(In case you think I kid, you can see the letter here.)
So there will be a lawsuit and again, there will be cries of "too many lawsuits."
Who's to blame?
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More Insurance Company Lies
I still can't believe the lies that claims adjusters make to accident victims.I spoke to a potential client last night about her Virginia car accident case. She was rear-ended, and her SUV was totalled.
The defendant is insured by a major automobile insurance company with a reputation for being "on your side."
The potential client had given this insurance company authorization to go and poke around in her medical records (probably a bad move--we don't recomend giving insurance companies unfettered access to your medical records--especially when you have not reviewed those records yourself yet.
Here's what happened. (Insurance company does not have the records yet but medical bills exceed $5,000)
Call from adjuster to accident victim:
Adjuster: I'd like to offer you $1,400 for your inconvenience to settle your claim.
Victim: How can I settle? I'm not better and I'm not finished treatment?
Adjuster: most people settle in the first thirty days.
Victim: Why do they settle
Adjuster: Because if they don't settle in the first thirty days it takes a long time to settle and most people can't afford to go that long without paying their medical bills
Comment from Ben Glass: not only is this a lie but it borders on the unauthorized practice of law. An attorney advising a client would help the client identify all sources of coverage for the medical bills, including health insurance and medical payments coverage under their own car insurance policy.
I've seen enough of these "we'll offer you a little something for your inconvenience" cases to figure out that this is a pattern of conning accident victims in to signing binding releases which protect the insurance company.
You should never sign an insurance company release without understanding what you are giving away. Most personal injury lawyers will chat with you for free to make sure you understand your rights.
Ben Glass, Fairfax, Virginia
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Woman Wins After Lack of Consent for Hysterectomy
A judge has let stand nearly $1.6 million of a $1.75 million Washington medical malpractice award jury award to a 26-year-old woman who said she did not give proper consent when an osteopathic doctor performed a hysterecomy on her three years ago.In granting the hospital a new trial, the judge reduced the original $1.75 million jury award to $1.575 million by subtracting the amount associated with the hospital's responsibility.
Seattle Pi.com has the story on this medical malpractice case.
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Late Diagnosis of Colon Cancer
In any misdiagnosis of cancer case the patient must prove that the healthcare provider failed to take the steps necessary to start on a path to diagnosing the cancer and the patient must prove that had the cancer been diagnosed earlier his treatment options and ultimate care and prognosis would have been substantial different. We often see cases where it is clear that a cancer has been missed, but the time delay to the actual diagnosis of the cancer is so short that the treatment would have been exactly the same.Read More About the Late Diagnosis of Colon and Rectal Cancer
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Who Can Testify In a Brain Injury Case
One of the most frequently asked questions about brain injury cases in Virginia is "who is qualified to testify about a victim's brain injury?"The Supreme Court of Virginia has answered this question, at least as it involves a psychologist who tried to testify about some testing and his conclusion about the brain injury.
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Driving While Intoxicated in Virginia
Driving While Intoxicated and being charged with DWI/DUI in Virginia are very serious offenses.If you drive drunk and hurt someone you could face jail time, loss of your license, enormous increases in your car insurance and punitive damages up to $350,000.
If you have been charged with DUI/DWI (Driving While Intoxicated) in Virginia you should contact the person Ben Glass believes is Virginia's Premier DUI/DWI Driving While Intoxicated Attorney, Bob Battle.
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Federal Judge Highly Critical of MetLife
This ERISA long-term disability case against MetLife is almost unbelievable. We applaud Michigan Federal Judge Richard Enslen for telling it like it is.This case is a “must read” for anyone who thinks there is a balanced playing field when filing for disability insurance benefits under ERISA.
Here are some quotes from the opinion (which follows)
What the Federal Judge Said About MetLife’s “Formula” for Operating a Profitable Business
Metropolitan Life Insurance Company has arrived at a formula for operating a profitable insurance business. It simply does not allow piddling things like facts to intrude upon its employee benefit claims decisions.
You can read more about MetLife and a denial of long term disability benefits to a disabled claimant.
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More Doctors Doing Plastic Surgery?
The Washington Post Health Section had a good article on July 4th about how more and more doctors are "branching out" to do plastic surgery in their offices.The reason?
Money.
You see, most cosmetic plastic surgery is not covered by insurance. This means that the doctor can charge for, and collect, full price.
This is not necessarily a bad thing but more and more we are seeing cosmetic plastic surgery malpractice claims arising from doctors who really have no business doing the surgery. They are not plastic surgeons!
As with attorneys, you really ought to pick a board certified specialist to do your surgery. Why would you go to a family doctor who has taken a weekend course in "vein stripping" just because it is convenient.
Alexandria, Virginia Plastic Surgeon Eric Desman has a terrific website with really good information about how you can pick the right surgeon for your care.
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Virginia Cracks Down On Underage Drinking
On July 1, 2006, several new laws aimed at curbing underage drinking take effect in Virginia.House Bill 1208 This bill, sponsored by Delagate Brian Moran, D-Alexandria, would require that a person must be 21 years old or older
or to be accompanied by his parent, guardian, or spouse in order to be served alcohol in another person's home. Governor Kaine signed the legislation, which is effective July 1, 2006.
House Bill 1210 This bill, sponsored by Delagate Brian Moran, D-Alexandria, would require that underage drinkers who purchase or
possess alcohol or people who purchase alcohol for underage drinkers, would have a mandatory six month suspension of
their driver's license. It has passed the House and the Senate. HB 114 is incorporated in the bill. Governor Kaine signed the bill which is effective July 1, 2006.
Senate Bill 396 This bill prohibits people from serving alcoholic beverages to underage guests in their homes. The measure is aimed at curbing underage drinking at high school graduation parties and fraternity keg parties. The bill, sponsored by Senator Ryan McDougle, makes an exception for adults serving alcohol to their children or to underage guests accompanied by a parent, guardian, or spouse over 21. Governor Kaine signed the legislation which is effective in July 1, 2006.
Benjamin W. Glass, III & Associates fully supports the efforts to cut down on underage drinking. Parents should be advised that is is now a clear (and more easily proven) offense to host a beer party (or for that matter to turn a blind eye to one) in their homes.
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Your Disability Policy May Be a Sham
While many employers do provide good, solid long-term disability insurance coverage some policies aren’t worth the cost of the fancy paper they are printed on. People are often shocked to find that even though their doctors fully support their disability and, in some cases, they have been awarded disability benefits by the Social Security Administration, their employer’s plans are so bad that the insurance company does not have to pay benefits. We believe that the vast majority of these bad policies represent employers who simply have been duped by the insurance companies. Our experience is that employers and human resource personnel often have no real idea of how bad their own disability program is.Find out more about what provisions you don't want to see
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Disability Policy Discretionary Clauses
Imagine this, you make a claim for disability benefits from a major disability insurance company. The claim is denied.You are allowed an appeal of that claim, but your appeal goes back to the same insurance company that just denied your claim.
Under federal law you are allowed to file a law suit against the disability insurance plan, but under those same laws that give you permission to file a law suit, you learn that the decision of the insurance company is presumed to be correct – you must prove that the insurance company was not just wrong, but completely wrong and unreasonable.
Read more about disability insurance company discretionary provisions.
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Is This Advice From GEICO Any Good?
Just got off the phone with a potential client. She was rear-ended an injured by a truck. GEICO is her own insurance company. The truck is insured by a different company.GEICO purportedly advised her that she should contact the truck's insurance company directly and settle her case without a lawyer because a lawyer would only cut into her recovery.
If this reported conversation is true (and the potential client sounded very credible) GEICO is basically practicing law without a license.
GEICO may be right. Some cases don't need a lawyer and yes, in some minor injury cases the client can get more money by not getting a lawywer involved.
The problem is that NOBODY can make that judgment within days of an accident, with no investigation. I find it incredible that a reputable company like GEICO would give this advice to one of their own insureds.
The fact is that if you have been injured you may not need a lawyer, but you darn well better get some quality legal advice before making the decision to deal with the insurance company on your own.
I challenge GEICO and all other Virginia insurance companies to make my book available to it's own insureds who are injured in a Virginia accident. Hell, I'll make it available for free.
You can get a copy of the Ultimate Guide To Virginia Accident Cases here.
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Virginia State Bar to Crack Down on Deceptive Advertising
The Virginia State Bar is cracking down on deceptive lawyer advertising that confuses the public.
This time its those lawyers who advertise for cases they don't intend to handle themselves.
Why would a lawyer advertise for a case he has no intention of handling?
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Suffolk Malpractice Case Sent Back for New Trial
The Supreme Court of Virginia has ruled that a Suffolk jury should not have been permitted to reduce its verdict based on the patient's choice of hospital after his signs of impending stroke worsened.
Read more about this Virginia Medical Malpractice Case and see the entire opinion here.
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Supreme Court Refuses to Help "PitBull" Lawyers
According to an article on Reuters this morning, two Florida lawyers on Monday lost a U.S. Supreme Court appeal that argued the state violated their free-speech rights by disciplining them for their television advertisements featuring a pit bull dog.
The petition for certiori to the United States Supreme Court was authored by Rodney Smolla.
The Reuters article on lawyer advertising is here.
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Tort Reform Now
I was in my doctor's office the other day and saw one of those "scary" posters on his wall about fighting medical malpractice lawsuits. You know what I mean, one of those that "warns" you that your medical bills will increase unless we continue to change the laws in Virginia.
I wonder if these folks ever really think about what they are saying. Do they really understand what "tort reform" is and how it would devastate their families if they had a claim?
I doubt it. Anyway, I think tort reform is a good idea, for anyone who truly understands it and voluntarily signs away their rights. So I've develope a medical malpractice tort reform form. Go ahead. Print it out and give it to your doctor before he takes your child to surgery. Have a real in-depth discussion with him based on the form.
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Low Impact Does Not Mean No Injury
Here's an interesting new opinion from New Jersey. Typically, in car accident cases where there is little property damage to the car, the insurance defense attorney holds up pictures of the cars and says "we couldn't have done that much damage to her neck, just look at the cars."
A New Jersey appellate court has now held that this type of argument in auto accident personal injury cases, is forbidden, without expert evidence supporting the argument.
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Rockingham County Malpractice Verdict
A Rockingham County (VA) jury decided that a physician's treatment of a collapsed lung in a woman who suffered from Complex Regional Pain Syndrome was improper, and awarded the woman $300,000 after a recent four day trial.
Read more about this Virginia medical malpractice verdict.
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$3.5 Million Defamation Verdict
A Fairfax jury as returned a $3.5 million verdict for a defamatory performance evaluation. The verdict was returned against Raytheon Corporation.
The plaintiff contended that the company brought in a recruiting company to evaluate the performance of president of one of Raytheon's subidiaries. She was told that her comments would be confidential but they eventually made their way back to the president.
She then contended that he retaliated and defamed her in a performance evaluation. She was subsequently terminated from Raytheon for reasons she contended (and the jury accepted) were false.
Ratheon had offered $300,000 to settle prior to trial. The case is being appealed to the Surpreme Court of Virginia.
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Government Going After Lawyers and Referral Fees
The government will indict two very rich plaintiff's class action lawyers, within the next month, according to a press release issued by their law firm, Milberg Weiss Bershad & Schulman and reported by Boomberg.com.
The indictment will allege that these leading securities fraud class action lawyers participated in a scheme that not only paid referal fees to other lawyers (which is OK, so long as client consents) but directed some of the fees to the clients.
This will be a very interesting case to watch as this law form reportedly has settled over $30 billion, yes billion in cases.
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Ephedra Maker to Pay $34 Million
A New Jersey supplement maker has agreed to pay $34 million dollars to settle claims related to the sale of Ephedra containing supplements in diet pills.
This payment will settle 138 cases.
Accoring to the article in the Star-Ledger (New Jersey)
Perhaps the most well-known complaint came from the family of Baltimore Orioles pitcher Steve Bechler, who died in February 2003 of heat stroke. His death was partly blamed on his use of Xenadrine. Court documents show that lawsuit is part of the global settlement; however, specific amounts for each case are confidential.
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D.C. Examiner Exposes Lawyer Advertising
The conservative newspaper, D.C. Examiner, wrote an interesting editorial exposing sleezy lawyer advertising.
I thought it was interesting and consistent with my views, and replied:
I'm a plaintiff's personal injury and medical malpractice attorney in Fairfax. I fully agree with the position you take calling for courts, legislatures and state bars to reign in lawyer advertising.
You correctly identify the "lottery mentality" that ads featuring million dollar bills evoke. Here are some other problems with ads that depict large sums of money, pit bulls, flying saucers and gory accident scenes:
1. Jurors are often biased against even legitimate claims because of the tasteless advertising of the few.