Attorney Blog

Study Says Fatigue Linked to ER Mistakes in Virginia

tsmith@shevlinsmith.com (Blog Author)74146 — Fri, 03 Feb 2012 08:00:00 EST

If you’re under the care of an EMS worker, you’re probably not at your best. You are relying on the ambulance attendant, the crash team and the emergency room crew to care for you. But what if these employees are stressed, overworked, or just plain exhausted?

An article in an upcoming edition of Prehospital Emergency Care has found that fatigue and a lack of restful sleep are major causes of medical errors and patient injuries in emergency settings. The study, conducted by researchers at the University of Pittsburgh, found that fatigued medical professionals were 2 times likelier to cause injury than their well-rested peers, and adverse hospital events were 2.2 times more likely to occur when workers were fatigued.

In the data collected from 511 EMS workers nationwide:

More than half were medically classified as fatigued.
18 percent reported an injury occurring while they were fatigued.
41 percent reported a medical error.
90 percent reported safety-compromising behavior.

The odds of a doctor or nurse compromising safety because of fatigue produced the most worrying statistic, since they were 3.6 times more likely to ignore or disregard safety protocols when exhausted.

Lead author P. Daniel Patterson, an assistant professor in the Department of Emergency Medicine at the University of Pittsburgh School of Medicine, hopes the study will call attention to the dangers of overworked ER staff.

"Emergency medical technicians and paramedics work long hours in a demanding occupation with an unpredictable workload, which can easily lead to fatigue and poor sleep," Patterson said.

If someone you love was injured in a Virginia emergency room, our experienced Fairfax medical malpractice lawyerscan get you the compensation you deserve. Call Shevlin Smith today at (703) 591-0067 for a free consultation.

New Study Says Prostate Screenings Won't Help Elderly Patients in Virginia

mshevlin@shevlinsmith.com (Blog Author)73604 — Tue, 31 Jan 2012 08:00:00 EST

In a bizarre twist of Virginia hospital negligence, a recent study by the Journal of General Internal Medicine found that prostate screening in elderly patients may actually do more harm than good.
The U.S. Preventive Services Task Force recommends that men over 75 years old should not be given the PSA screening test because potential harm (including false positive results and invasive or unnecessary medical treatment) will outweigh any benefits. However, principal investigator Louise C. Walter, MD, found that screening rates for elderly male patients ranged from 25 to 79 percent—even in cases of terminally ill patients.
Walter, MD, a geriatrician at SFVAMC and a professor of medicine at UCSF, discovered that roughly half of American men over age 85 or with four or more serious diseases received prostate-specific antigen (PSA) screening tests. The usual screening rate for men with limited life expectancy, according to the study’s authors, is between zero and 20 percent.
The study involved nearly 700,000 male patients receiving treatment at VA medical centers across the country. The authors are working to reduce inappropriate PSA screenings, but also to educate elderly patients so they can accurately assess the harms and benefits of testing.
While these screenings can save lives, the study found that frail seniors are more likely to suffer from the testing, so the screenings should be reserved for healthy older men.
“Some VA hospitals are screening up to four fifths of their very ill, very elderly patients…but none are targeting screening according to the men’s life expectancy,” Walter said. “Low or high, a hospital’s screening rate had nothing to do with whether the men were sick or well.”
If you or someone in your family has suffered cancer misdiagnosis in DC, the experienced Fairfax medical malpractice lawyer can help. Call Shevlin Smith today at (703) 591-0067 for a free consultation.

Woman Suffers Brain Damage after Virginia Birth Injury

mshevlin@shevlinsmith.com (Blog Author)72853 — Fri, 13 Jan 2012 08:00:00 EST

Justice has been served for Latarsha Creekmore, a Portsmouth woman who almost bled to death after delivering a baby at Bon Secours Maryview Medical Center.
Latarsha Creekmore underwent a Caesarean section birth in early 2005. She spent the night in the hospital, and nurses were given express instructions to monitor her blood pressure, as she had a history of pregnancy-induced hypertension.
In the middle of the night, Creekmore’s heart-rate alarm went off. Court records indicated that nurses failed to check Creekmore's surgical incisions for over six hours; as a result, she had lost nearly half her blood through her stitches. Her sheets were soaked with blood and she was rushed into surgery at 3:30 a.m.
Although Creekmore survived, she suffered severe shock and brain damage.
An investigation revealed that the delivering physician, Sidath Jayanetti, had been the subject of several medical malpractice cases between 2001 and 2007, including a similar delivery error. Jayanetti surrendered his medical license during the trial and is under investigation by the Virginia Board of Medicine.
Creekmore was awarded $900,000 plus costs in a non-jury trial in 2009.
If you or someone in your family has suffered hospital negligence in DC, the advice of an experienced Fairfax medical malpractice lawyer could get you the compensation you deserve. Call Shevlin Smith today at (703) 591-0067 for a free consultation on your case.

Woman Suffers Mastectomy after Delayed Breast Cancer Diagnosis in Virginia

tsmith@shevlinsmith.com (Blog Author)72254 — Sat, 31 Dec 2011 08:00:00 EST

A simple last-name mix-up has caused a woman’s test results to be lost for over a year, resulting in a delayed cancer diagnosis in Virginia Beach.

A few days after 59-year-old Peggy Kidwell attended her regular physical and mammogram, she got a letter saying that her pap screening results were normal. She never received any follow-up about her mammogram, so she assumed it was normal as well.

Unfortunately, the mammogram results contained vital information: Kidwell had breast cancer.

The results went unreported because they were sent to the wrong doctor: there was an orthopedic surgeon at the same medical center with the same last name as Kidwell's gynecologist. The folder containing Kidwell’s mammogram results sat on his desk for a year—until it was tracked down at Kidwell’s next yearly appointment.

The doctor administering her physical informed Kidwell of the mistake, and told her she needed to undergo breast cancer treatment immediately. The delay had given the cancer time to spread to her chest wall, and Kidwell would need a lumpectomy followed by chemotherapy and radiation treatment.

When the cancer reappeared the next year, Kidwell underwent a mastectomy.

While there is no way to tell if the delay made a difference in her case, the sheer magnitude of the error was cause for compensation: Kidwell sued and won her medical malpractice lawsuit.

If someone you love has been the victim of a delayed diagnosis in DC, get advice from an experienced Fairfax medical malpractice lawyer. Call Shevlin Smith today at (703) 591-0067 for a free consultation.

Do I Have a Valid Virginia Medical Malpractice Case?

mshevlin@shevlinsmith.com (Blog Author)69452 — Mon, 05 Dec 2011 08:00:00 EST

When your doctor makes a mistake, the outcome can be tragic for you and your family. You have hospital bills piling up and you're out of work, but you've heard that hospitals have deep pockets and ‘round-the-clock lawyers.

Before you get into a long legal battle, you want to make sure it will be worth it to pursue your medical malpractice case. And it's a good idea, because not all negligent physicians are guilty of malpractice.

In order for your Virginia doctor to be liable for medical malpractice, three things must have occurred:

A medical professional made a mistake while treating you.
You sustained serious harm or injury.
Your injury was a direct result of that mistake.

Many people think that when a doctor makes a mistake, he can easily be sued for negligence. However, if the mistake was corrected or did not cause injury, a medical malpractice case is less likely to succeed. Your doctor has a duty to treat you according to acceptable methods pertaining to your age, health, and condition. This is known as the standard of care, and it is only when the doctor breaches the standard of care that he can be negligent.

Next, you must be able to show that you were harmed after the event took place. There's no medical malpractice case unless you suffered an injury, were unable to work, or were severely limited in function.

Finally, you must be able to prove that the injury was directly caused by the doctor's mistake. In cases of wrong-side amputation or excessive bleeding after an operation, the evidence seems fairly straightforward. But if your injury is more complex, expert witnesses can be called to testify that the mistake was responsible for your injury.

To find out if your DC doctor is liable for malpractice, call the experienced Fairfax medical malpractice attorneys at Shevlin Smith today at (703) 591-0067 for a free consultation.

New Law Gives Virginia Medical Malpractice Victims Access to Hospital Records

mshevlin@shevlinsmith.com (Blog Author)69088 — Sat, 19 Nov 2011 08:00:00 EST

Are you a victim of a surgical error in DC? New legislation gives you the right to access the hospital's investigation report of your injury.

After a medical error has occurred in an operating room, a hospital must conduct an investigation to see how the error took place and take steps to prevent it from happening again. However, until this bill was passed, the hospital did not have to disclose the contents of the incident report to the patient.

House Bill 2373, which passed earlier this year, states that hospitals must release "incident reports prepared by first-hand witnesses regarding occurrences involving actual or potential injury or death of a patient" to the victim and his attorney. These documents, once considered "privileged communications," may be used as evidence in addition to a patient's medical records in a medical malpractice case.

While many patients understand that something went wrong during their surgery, they only get the information that the doctor is willing to give. Under House Bill 2373, medical professionals must account for any errors in plain language, even if the information plainly shows negligence on the part of the hospital or surgical team.

This piece of legislation brings victims one step closer to justice and compensation for their suffering. To learn more from an experienced Fairfax medical malpractice attorney, call Shevlin Smith today at (703) 591-0067 for a free consultation.

FDA Says Majority of Medication Errors Due to Wrong Dosage

mshevlin@shevlinsmith.com (Blog Author)67261 — Fri, 04 Nov 2011 08:00:00 EST

The US Food and Drug Administration says that while many factors affect a patient's chances of medication mistakes, they are most likely to be the victim of a dosage error.

A few examples prove how easy it is for a physician to administer the wrong dosage in Virginia:

A doctor ordered 260 milligrams of Taxol for a cancer patient, but the patient received the wrong medication at the pharmacy. The pharmacist mistakenly prepared 260 milligrams of Taxotere, a different chemotherapy drug with a much higher concentration. When the patient died of an overdose, the error went unreported, as doctors assumed the patient had succumbed to the cancer.
An elderly patient was told to take a 10-milligram daily dose of methotrexate for rheumatoid arthritis. However, the patient should only have been prescribed 10-milligrams weekly, and the 7 times higher dose proved fatal.
A patient was killed when he was injected with 200 units of insulin, which had been abbreviated as "20 U" (the "U" was mistaken for another zero).
Due to a miscommunication, a patient received a fatal overdose of the narcotic fentanyl when his wife accidentally applied multiple patches of the drug to his skin.

These tragedies happen every day-and most of them are entirely preventable. If someone you love was a victim of a dosage error in DC, call Shevlin Smith today at (703) 591-0067 for a free consultation.

FDA Cracks Down on LASIK Surgeons' False Promises

mshevlin@shevlinsmith.com (Blog Author)66836 — Mon, 24 Oct 2011 08:00:00 EST

Truth in advertising is not just for cereal and soda anymore.

The FDA recently responded to potentially misleading information in LASIK surgery pamphlets and TV advertising. The ultimatum, published in the FDA's Letter to Eye Care Professionals, puts a deadline on their May 2009 warning about dangerous surgical misinformation.

Under the terms given by the FDA, eye doctors have 90 days to rewrite their LASIK promotional materials. If they are found to contain any false claims after that period, the surgeon will face regulatory action.

Specifically, LASIK advertising should no longer contain:

Any claims not supported by studies or medical evidence
Omissions or misleading phrasing
Any language that suggests the procedure is "completely safe"

Surgeons responded positively to the change, saying that a potential patient should not base a surgical decision on advertising claims. Members of the medical community also advise those considering LASIK not to choose a doctor just because he offers discounts or coupons.

As trusted Fairfax medical malpractice lawyers, we know that surgeons have a responsibility not only to perform all procedures to the best of their ability, but also to inform their patients of the risks involved. If your surgeon put his profits ahead of your safety, he could be liable for Virginia medical malpractice.

Call Shevlin Smith today at (703) 591-0067 for a free consultation on your surgical error case.

Why don't Virginia doctors realize they have the wrong patient in surgery?

mshevlin@shevlinsmith.com (Blog Author)65337 — Thu, 06 Oct 2011 08:00:00 EST

It's such a simple mistake, but it has overwhelming consequences: a patient expecting eye surgery awoke to discover she had undergone heart surgery instead.

However, there is hope: physicians have been documenting the causes of wrong-patient surgeries, hoping to correct any mistakes before the surgery takes place. By identifying where the mistakes were made in each case, a new study could help doctors correct many wrong patient surgeries in Virginia before they occur.

The study revealed that a Colorado hospital experienced 25 wrong-patient surgeries in a six-year period. Of the five patients that were seriously harmed by a wrong-patient procedure:

Mislabeled biopsy samples were the cause of three different prostate removal surgeries on the wrong patients.
One wrong patient underwent eye surgery because another patient with the same last name was in the office at the same time.
Doctors performed ear surgery in a child scheduled for an adenoidectomy simply because the wrong patient was wheeled into the operating room.

As trusted Fairfax medical malpractice lawyers, we know that there is no excuse for a surgeon to make such an easily avoidable mistake. We have seen the pain that the victims of these surgeries experience, knowing that their trust was broken and their bodies were violated. That's why we work to hold the hospital responsible for their mistakes and get our clients the compensation they deserve.

If you have been the victim of a surgical error in DC, call Shevlin Smith today at (703) 591-0067 for a free consultation.

Do Clinics Have the Highest Rate of Medical Malpractice in Virginia?

mshevlin@shevlinsmith.com (Blog Author)65313 — Sun, 25 Sep 2011 08:00:00 EST

A patient will understandably be anxious about an upcoming surgery. The risks while undergoing a major procedure are worrying, to say the least.

But would you be just as worried about a routine trip to the gynecologist, or an outpatient procedure?

According to a recent study, you should be. Findings in the latest issue of Journal of the American Medical Association strongly suggest that medical malpractice claims are filed just as often in outpatient or ambulatory care settings as they are in surgical ones-and it's a cause for concern.

The authors indicate that top three areas of clinical medicine with the highest risk of malpractice in Virginia are:

Obstetrics / Gynecology
Anesthesia
Outpatient surgery

As experienced Fairfax medical malpractice lawyers, we know that clinic malpractice can cause just as much injury as inpatient mistakes. The authors recognize this as well, adding that clinic malpractice has additional drawbacks: large indemnity payments, high-profile legal cases, and negative media attention for the institution responsible.

Since many people-patients and doctors alike-assume clinics to be naturally less of a health risk that inpatient settings, there is much less care taken to prevent mistakes. A lack of risk management training and fail-safe checks add to the rising number of medical malpractice cases in ambulatory care.

If you have suffered an injury at the hands of a doctor or caregiver, call Shevlin Smith today at (703) 591-0067 to start your free consultation.

Why do so many wrong-site surgeries keep happening in Virginia?

mshevlin@shevlinsmith.com (Blog Author)64914 — Fri, 23 Sep 2011 08:00:00 EST

It sounds like an urban legend: a patient is wheeled into surgery to have his arm amputated. When he wakes up, he is told the operation was a success-but when the blanket is lifted, he discovers the wrong one was removed.

It's hard to believe that surgeons could make such a basic mistake in the operating room. But it gets worse: a new study estimates that wrong-site surgical errors occur roughly 40 times a week nationwide.

In a close study of 8 healthcare facilities, the biggest reasons these errors occurred were:

Problems with scheduling, preoperative or holding processes. Basically, paperwork issues. The study found that verifying documentation in the pre-op stages decreased surgical error rates by half.
Ineffective communication. The person handling the intake is different than the person prepping, who is again different from the surgical team-and any one mistake will continue down the line.
Improper marking. Surgeons may mark the site to be operated on with a single dot, rather than a large, unmistakable X.
Skipped protocol. Many surgeons skipped the final "time out"-the last chance to discover and correct an error-in favor of speeding up the procedure.

If you have been the victim of a wrong-site surgery in DC, an experienced Fairfax medical malpractice lawyer and can hold the hospital accountable for your suffering. Call Shevlin Smith at (703) 591-0067 today for a free consultation.

Which clinics have the highest rate of medical malpractice in Virginia?

mshevlin@shevlinsmith.com (Blog Author)62789 — Tue, 30 Aug 2011 08:00:00 EST

A patient will understandably be anxious about his upcoming surgery. The risks while undergoing a major procedure are worrying, to say the least.

But would you be just as worried about a routine trip to the gynecologist, or an outpatient procedure?

According to a recent study, you should be. Findings in the latest issue of Journal of the American Medical Association strongly suggest that medical malpractice claims are filed just as often in outpatient or ambulatory care settings as they are in surgical ones-and it's a cause for concern.

The authors indicate that top three areas of clinical medicine with the highest risk of malpractice in Virginia are:

Obstetrics / Gynecology
Anesthesia
Outpatient surgery

As experienced Fairfax medical malpractice lawyers, we know that clinic malpractice can cause just as much injury as inpatient mistakes. The authors of the study recognize this as well, adding that clinic malpractice has additional drawbacks: large indemnity payments, high-profile legal cases, and negative media attention for the institution responsible.

Since many people-patients and doctors alike-assume clinics to be naturally less of a health risk than inpatient settings, there is much less care taken to prevent mistakes. A lack of risk management training and fail-safe checks adds to the rising number of medical malpractice cases in ambulatory care.

If you have suffered an injury at the hands of a doctor or caregiver, call Shevlin Smith today at (703) 591-0067 to start your free consultation.

Waking Into a Nightmare: Anesthesia Awareness in Virginia

mshevlin@shevlinsmith.com (Blog Author)60809 — Fri, 05 Aug 2011 08:00:00 EST

A person goes in for surgery. They black out as the procedure starts, but then they wake up...during the surgery. They can't move, can't speak, but they can feel and hear everything that's happening.

You may have seen horror movies with this scenario, or heard some form of it as an "urban legend." But this is exactly what happened to Virginia resident Carol Weiher in 1998.

When Weiher went in for eye removal surgery, she was awake for much of the five-hour procedure, but unable to move or talk-a condition that happens to as many as two patients per thousand.

While many patients report anesthesia error in Virginia, not all are as painful as Weiher's account. Due to varying levels of medication in the body, anesthesia awareness can take many forms, including:

A patient is awake, but cannot feel pain. These patients have adequate painkilling medication, but there is too little anesthesia, causing the patient to regain consciousness.
A patient is awake, can move, but cannot feel pain. There is enough painkiller in these patients, but too little of the anesthesia and paralytics.
A patient is awake, can move, and can feel pain. Patients with insufficient levels of all three drugs can suffer many conditions as a result, most notably emotional trauma and post-traumatic stress disorder.

An experienced Fairfax medical malpractice lawyer can get you compensated for your suffering-and can hold the hospital accountable for its mistakes. Call Shevlin Smith at (703) 591-0067 today for a free consultation.

How likely am I to get an infection from a hospital in Virginia?

mshevlin@shevlinsmith.com (Blog Author)59654 — Fri, 29 Jul 2011 08:00:00 EST

Pretty likely, according to the Center for Disease Control. By their estimates, 1.7 million people will experience hospital-acquired infections every year-many of them resulting in death.

Order our FREE book to learn more about your DC hospital negligence case: Do I Have A Case? A Patient's Guide to Virginia Medical Negligence Law.

Recovering damages for your hospital infection in Virginia requires proving that your infection was a result of hospital negligence. Infections happen a number of ways, but are most commonly due to:

Hand-washing. Not only do some hospital employees neglect to wash their hands, but studies suggest that even those who do wash their hands are not doing it effectively enough to prevent bacterial transmission.
Sanitation. Gowns, bed sheets, pillows, breathing tubes, medical machines-even the furniture in the room can carry bacteria. If the hospital staff has been reusing items or not cleaning its equipment regularly, they may be liable for your infection.
Improper prevention. If a procedure increases the risk of infection, a doctor should prescribe a course of antibiotics to prevent it. If the patient is at severe risk, such as after a burn or extensive surgery, he should be placed in a "clean room" or isolated from any possible infection agent.

As experienced Fairfax medical malpractice lawyers, we not only get you compensated for your suffering, but we can also help stop the hospital from infecting future patients. Call Shevlin Smith today at (703) 591-0067 for a free consultation in your DC malpractice case.

What can I do if my stroke was misdiagnosed by a Virginia doctor?

mshevlin@shevlinsmith.com (Blog Author)58059 — Fri, 08 Jul 2011 08:00:00 EST

Imagine that you're feeling a little dizzy. You think you might have food poisoning, but then your arm goes numb. Your vision is a little blurry, and your head starts to hurt. As you grow increasingly faint, a friend suggests you go to the emergency room-where you are told you are having a migraine and sent home with a prescription.

But it turns out your doctor was wrong. Because you are under the age of 50, he didn't even consider your symptoms to be warning signs of a stroke-and now you may suffer permanently for his mistake.

Order our FREE book for more information on your DC stroke misdiagnosis:
Do I Have A Case? A Patient's Guide to Virginia Medical Negligence Law

A recent study found that many stroke victims are misdiagnosed by physicians in Virginia, making it much more likely that they will suffer lifelong injuries as a result.

A stroke is an interruption of blood flow to the brain that causes the brain to lose oxygen. If not treated quickly, brain cells begin to die-resulting in a number of life-altering injuries, including:

Impaired movement
Loss of speech function
Cognitive and memory problems
Loss of bladder or bowel control
Difficulty swallowing
Muscle weakness
Paralysis
Death

If you or someone you love was misdiagnosed when having a stroke, an experienced Fairfax medical malpractice attorney can help you get the justice you deserve. Call Shevlin Smith today at (703) 591-0067 to start your free consultation.

Think Fast! What to Do if Your Car Crashes into Water in Virginia

mshevlin@shevlinsmith.com (Blog Author)58057 — Mon, 04 Jul 2011 08:00:00 EST

It's the stuff of nightmares: after swerving to avoid an obstacle, your car has landed in a body of water. You've survived the impact, but you can feel the car sinking and the water is starting to leak in. What do you do?

First: take three breaths to focus your mind. Then, follow these steps:

Open the window. If your window is manual, roll it down as soon as you can. If the electric window fails to respond or only rolls partway, you may have to break it using the hammer in your car's emergency kit. If you have no other heavy objects, brace yourself and kick out the front windshield.
Wait for the car to submerge. This may be the scariest part of a water landing. It is vital that you wait for the car to submerge, as opening the door may be impossible due to the force of water pressure. When the car is nearly filled, take a deep breath.
Unbuckle your seat belt. Just before you open the door, remember to unbuckle your seat belt. After you've gotten free of the car, swim to the surface and flag down a passing vehicle to call 911.

Remember: a little preparation can save your life-and a little help can go a long way. If you need help after your Virginia car crash, an experienced Fairfax auto accident attorney can get you the justice you deserve. Call Shevlin Smith today at (703) 591-0067.

Why are "left turn" truck accidents so common on Virginia roads?

mshevlin@shevlinsmith.com (Blog Author)57403 — Wed, 29 Jun 2011 08:00:00 EST

Many people think of truck accidents as high-speed affairs that only happen on highways or busy on-ramps.

But the truth is, many fatal semi accidents in Virginia occur when a truck is going 45 mph or less.

Intersection accidents are a major contributor to the over 100 annual deaths caused by tractor-trailers in Virginia. Many of these are "left accidents," which cause injury and even death as a tractor-trailer attempts to make a left-hand turn on a city street.

So how can a simple left turn can cause a deadly semi crash?

Cross traffic. When a truck turns left, it must cross the oncoming lanes of traffic, a bike lane and a crosswalk-any one of which can result in casualties if the driver isn't paying attention.
Visibility. The left side of a semi has an extended blind spot. If a car has inched into the lane next to a turning semi, the truck driver may not see him in time to avoid a collision.
Wide berth. Trucks usually need more space to maneuver than other vehicles, and this is especially true during turns. If a truck doesn't have enough room to complete a turn, he may go over a curb or into the opposite traffic lane (and sometimes into a pedestrian or driver).

If you or someone you love has been injured in a semi accident, call Shevlin Smith today at (703) 591-0067 to get help from an experienced Fairfax truck accident attorney.

I'm buying a new car. Are side-impact airbags important?

mshevlin@shevlinsmith.com (Blog Author)55849 — Fri, 03 Jun 2011 08:00:00 EST

If you're in the market for some new wheels in Virginia, you're probably looking for some style along with safety. We all want to keep our family safe, but we also want a car we enjoy driving-and while it's easy to know what we want on the outside, knowing what we should ask for on the inside can be tricky.

Luckily, many manufacturers have improved safety features in the last decade-for the driver as well as the passengers. One of these improvements is side-impact airbags, which greatly reduce injuries in the event of a right angle, or t-bone, collision.

How would side-impact airbags help in the event of a DC t-bone crash?

Side-impact crashes account for 25% of all vehicle fatalities-nearly 10,000 deaths per year.
A recent study found that side impact-airbags reduced fatalities in crashes as much as 45%. Airbags that include head protection are even more effective, since most deaths caused by side-impact crashes result from the victim's head hitting the window.
Side airbags are designed differently than front airbags. They are tougher to absorb the impact, and stay inflated longer for extra protection in case the car rolls over.

If you have been in a side-impact collision in DC, we can help you receive compensation for your injuries. Call Shevlin Smith today at (703) 591-0067 for a free consultation with a Fairfax car accident lawyer.

Spring into Safety: Top 5 Ways to Bike Safely in DC

mshevlin@shevlinsmith.com (Blog Author)54855 — Wed, 18 May 2011 08:00:00 EST

The warm weather may be a lovely break from winter's chill, but rising temperatures often mean an increase in bike traffic. Biking to work, shopping or simply for pleasure is a wonderful exercise, provided you take proper precautions.

With these spring safety tips, you can reduce your risk of a DC bicycle accident:

Get a tune-up. Bikes lose more than tire pressure during the winter. Have your cycle tightened, tires pumped and brakes checked before taking to the summer roads.
Wear sunglasses. A good pair of sunglasses not only helps you see cars and obstacles in bright daylight, but also protects your eyes from gravel, leaves, and other debris thrown by passing cars.
Listen to the road. Bikers must be aware of the cars, pedestrians and other cyclists around them at all times. Avoid an accident: leave your headphones at home.
Be seen. Even if you usually only travel in daylight hours, place reflectors on the front and back tires, as well as beneath the seat. Wear bright clothing and a reflective patch on your helmet.
Be prepared. Sudden changes in weather can affect the road surface. Watch out for leaf piles, unexpected frost, or deep puddles.

No matter what the weather, bicycle riders will always be at a higher risk for injury in an accident. If you have been in a bike crash with a motorist, get help from a trusted Fairfax bicycle accident lawyer. Call Shevlin Smith today at (703) 591-0067 for a free consultation.

Are Virginia motorcycle accident deaths on the rise?

mshevlin@shevlinsmith.com (Blog Author)53998 — Wed, 04 May 2011 08:00:00 EST

It's hard to say. According to a recent report by the Governors Highway Safety Association, annual motorcycle deaths fell 2 percent in the first nine months of 2010. The improvement was short-lived, however: in the last quarter of the year, the fatalities began climbing.

Several theories arise as to why the death rate fell in the first part of the year. Some say it was a result of the economy-fuel prices were up, so recreational motorcycle riders chose to forgo their bikes to save on gas. On the flip side, a commuter may choose the fuel economy of his motorcycle over that of his car if gas prices continue to rise. Whatever the reason, a motorcycle accident in Virginia can cause life-altering injuries for its rider.

So how can we stop the upward trend of motorcycle fatalities in Virginia?

Helmets. Federally approved helmets reduce a rider's risk of dying in an accident by as much as 40 percent. Unfortunately, helmet use among motorcycle riders fell 13 percent over the past year.
Improved safety features. Poor braking is a contributing factor in many fatal motorcycle accidents. To combat the problem, BMW Motorrad USA has included anti-lock brakes on all of its 2012 model year cycles. A good move for safety-although BMW only accounts for about 3 percent of cycles in the US.
Hold drivers accountable. Motorists are required to share the road with all types of vehicles. If an irresponsible driver caused your injury, get advice from an experienced Fairfax motorcycle accident lawyer. Call Shevlin Smith today at (703) 591-0067 to get justice for your suffering and compensation for your medical costs.

Medical Diagnostic Errors Occur Too Often

mshevlin@shevlinsmith.com (Blog Author)54479 — Wed, 04 May 2011 08:00:00 EST

Tort reform advocates often cite concerns about the cost of "defensive medicine" as a rallying point to change our current civil justice system for medical malpractice cases. They seek to limit a patient's right to recover for injuries negligently caused by a health care provider on the grounds that it will reduce the practice of defensive medicine and its associated cost. Are these tort reform advocates right in their analysis?

The practice of "defensive medicine" is said to occur when a health care provider orders tests not to ensure the health of the patient, but as a safeguard to protect the health care provider from potential medical malpractice liability. While there is much debate about how much defensive medicine actually occurs, there can be no debate that a significant percentage of medical malpractice cases actually involve diagnostic errors.

Diagnostic errors involve diagnoses that are wrong, missed or delayed. They can occur when a health care provider fails to order a particular test, when there is the miscommunication of information between consulting health care providers, or when a health care provider fails to consider all potential diagnoses. Researchers have estimated that diagnostic errors account for as many as 40,000 - 80,000 hospital deaths per year, and even more bodily injuries per year. In light of these estimates, can health care providers really be ordering too many unnecessary tests, and still be making so many diagnostic errors? As a society, do we really want to limit a patient's recovery for injuries that were caused by the proven negligence of a health care provider?

Hospitalizations Due To Side Effects From Prescription Medications Jump Dramatically

mshevlin@shevlinsmith.com (Blog Author)54219 — Mon, 02 May 2011 08:00:00 EST

As attorneys who specialize in handling medical malpractice cases, we have seen many examples of patients who have suffered significant side effects from taking medications prescribed by their physicians. A report released in April by the Agency for Healthcare Research and Quality has found that the number of hospitalizations due to medication side effects has increased over by over 50% between 2004 and 2008. While medications can certainly help treat a patient's condition, unfortunately they can also cause problems as well. While a physician who prescribes a particular medication, or a pharmaceutical company who manufactures a particular medication, can be negligent in causing the side effects of a patient, that is not always the case. There are occasions when a patient can suffer a known side effect that was properly disclosed to the patient. As a result, it is important that patients understand the risks associated with any medication being prescribed. Before taking any medication, be sure to ask your doctor what his/her experience in prescribing that medication is, what the risks and side effects of that medicaiton are, and whether any other medications you are taking are known to interact with the newly proposed medication.

Cephalohematoma: Symptoms and Dangers of a Common Birth Injury

mshevlin@shevlinsmith.com (Blog Author)53010 — Sun, 17 Apr 2011 08:00:00 EST

A cephalohematoma, or swollen mass on a newborn baby's head, is caused by a buildup of blood between the baby's skin and skull during a difficult delivery.

Cephalohematoma in Virginia is often diagnosed with visual symptoms. For example, a typical hematoma:

Appears by the second or third day of life;
Has a localized swelling with well-marked edges;
Does not usually have any unusual skin discoloration;
Does not go beyond the suture lines of the baby's skull;
Is commonly located over the parietal bone (back of the skull).

In most cases, the hematoma will be reabsorbed without further consequences within a few months. However, because of the type of birth injury and the baby's weakened immune system, the site of a cephalohematoma is at an extremely high risk of infection.

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A study done on twenty-eight newborns with hematomas revealed the following signs of infection:

reddening or discoloration of the skin
increased size of the hematoma over a few weeks
fever
fluctuant mass at the swelling site
poor appetite
irritability

In many of these cases, the hematomas were infected by common staph and E. coli. Three infants developed meningitis, and three more infants died because they could not fight the infections.

Don't risk your child's health! If you believe your baby suffered as a result of an avoidable injury, contact the trusted Fairfax birth injury lawyers at Shevlin Smith today by calling (703) 591-0067.

What Kinds of Fractures Can Be Caused by Virginia Accidents?

mshevlin@shevlinsmith.com (Blog Author)52101 — Mon, 04 Apr 2011 08:00:00 EST

You may have heard the term "fracture" before. When a bone is broken, it often means intense pain and a long recovery time-but are there any other dangers from a fracture?

Depending on the location, a bone fracture in DC could cause the victim serious injury:

Skull fractures. One of the most dangerous types of fractures, as trauma to the skull can cause intracranial bleeding.
Pelvic fractures are commonly caused by seat belts in Virginia car accidents.
Ankle fractures happen when the body goes one way, and the foot another-often when the foot is trapped in an accident.
Spinal fracture risks increase with age, but even young people can suffer a spinal injury if they experience trauma to the head, neck or back.
Collarbone fractures are the most common type of broken bones. Due to the location and fragility of the clavicle, a collarbone fracture can be particularly painful.
Hip fractures occur most frequently in the elderly as a result of falls.
Wrist fractures are often seen after bicycle and pedestrian accidents, as the victim will attempt to use his hands to recover from a fall.
Hand and foot fractures are especially debilitating. Not only do they cause a loss of everyday mobility, but they can cause the victim to lose valuable income while recuperating.

As experienced DC personal injury lawyers, we know that recovering from a serious accident can take time and place a significant financial burden on the victim. If someone else was to blame for your suffering, don't wait. Call Shevlin Smith today at (703) 591-0067 for a free consultation.

How to Survive a Virginia Rollover Accident

mshevlin@shevlinsmith.com (Blog Author)50468 — Tue, 15 Mar 2011 08:00:00 EST

All Virginia car accidents are frightening, but perhaps the most terrifying is a rollover accident. You start to tip, the world spins over and over—it only takes seconds, but it feels like an eternity.

The best way to protect those you love from the dangers of a rollover accident is to be prepared. Here are the steps to surviving a Virginia rollover crash:

Brace yourself. If the car starts to tip, lean into the seat and brace your feet on either side of the pedals. Avoid gripping the steering wheel or leaning forward, as this can break arms or result in traumatic brain injuries. Instead, cross your arms and lean into the vehicle toward the passenger’s seat; this will reduce your chances of a head or spinal injury.
Remain calm. When the car has stopped rolling, assess the damage to yourself and your passengers. If you or anyone in the car is injured in any way, call 911 immediately.
Turn off the engine. If the vehicle lands upside-down, turn the engine off immediately. If the car has landed right-side-up and is still functional, try to move the vehicle to the side of the road, then get out and call for help.
Exit the vehicle. If you have landed upside-down, look out the windows to determine the safest exit, carefully unbuckle your seatbelt, and crawl toward the door. If doors will not open, roll down the window.
Stay out of the road! Several people have survived DC rollover accidents only to be killed by oncoming traffic moments after. Even an upside-down vehicle affords protection from speeding cars; if you can, exit the vehicle on the side nearest to the shoulder. If you have not already done so, call 911 and stay there until help arrives.

Because rollover accidents can commonly result in head trauma and spinal cord injuries, it is vital that you speak with a DC car crash attorney following your accident. Call Shevlin Smith today at (703) 591-0067 for a free consultation.

The Five Rights: Avoiding Prescription Drug Errors in Virginia Hospitals

mshevlin@shevlinsmith.com (Blog Author)49564 — Thu, 24 Feb 2011 08:00:00 EST

When we rely on the care of others, we put our lives in others’ hands. The health care we receive from doctors and nurses must be the best they can do, because we are at our most vulnerable. When prescription drug errors happen in Virginia the consequences can be severe—even fatal.

To avoid prescription drug errors, nurses are taught to abide by the Five Rights:

Right client. A nurse must confirm the patient’s identity by checking his ID bracelet, room number, and asking the patient to verify his own name.
Right drug. Nurses must check that the prescription order is complete and legible, and confirm instructions with the medication three separate times.
Right dose. This includes calculating a specific dose and checking reference materials for confirmation. Especially hazardous drugs must be consulted with another nurse before dosing.
Right time. Nurses must pay attention to events that may conflict with dosage, such as mealtimes and scheduled procedures, and ensure even distribution of medication.
Right route. Since drugs can be administered several different ways, nurses are responsible for distinguishing between inhalant, oral, and injectable doses, and are required to make sure oral doses have been safely swallowed.

Since a single medication error can have catastrophic results, it is vital that these steps be taken before any medication is administered. If you or someone you love was injured because proper drug handling procedures were not followed, we may be able to help you receive compensation.

Contact the attorneys at Shevlin Smith by calling (703) 591-0067 today for information on your Virginia medical malpractice case.

Top 5 Rules for Virginia Construction Zone Safety

mshevlin@shevlinsmith.com (Blog Author)47902 — Mon, 07 Feb 2011 08:00:00 EST

It may seem like Virginia roads are always under construction. It can be frustrating for commuters who need the highways open to get to work each day, hurrying to get to their offices, to have a few cups of coffee at their desks before diving into work.

But for road workers, a car accident in a Virginia work zone isn’t an annoyance—it’s dangerous. Construction zone workers have traffic whizzing by a few feet from their “office,” and they rely on orange cones and speed limit signs to protect them. While drivers deal with detours and slower traffic, road workers are risking their lives on the highway.

Some key safety tips to remember in Virginia road construction zones:

Follow the signs. Even when work is not in progress, following the directions posted on orange construction signs will keep workers—and you—safe.
Don’t assume they see you! When repaving or repairing roads, a worker’s environment is dusty, loud, and very close to passing traffic. These unprotected workers are focused on their jobs, so it’s up to you to focus on safety: Never assume workers will step out of the way of your car, even when traffic is at a stop.
Follow the lines. Work zones often have temporary lines on the road redirecting the flow of traffic. Look out for shifting or merging lanes, particularly if you drive this road often—you may be tempted to “autopilot” your way through.
Obey the work zone speed limit. Depending on sight distances and the type of work being done, the construction speed limit could be much lower than the normal highway limit. Don’t risk it—slow down!
No distractions! While driving through a work zone, you should have as few distractions from the road as possible. Eating, talking on the phone, listening to music and drinking coffee can take valuable seconds off your response time.

Remember: safety is everyone’s business. If you were injured in a roadwork accident in Virginia, call today for advice from a trusted DC personal injury attorney.

Coping with a Spinal Cord Injury in Virginia: Health Risks and Complications

mshevlin@shevlinsmith.com (Blog Author)47360 — Tue, 25 Jan 2011 08:00:00 EST

The most common symptom of a spinal cord injury—or at least the most preoccupying—is paralysis. While some patients may experience temporary loss of movement or sensation, paralysis of the limbs is considered to be less critical than internal paralysis. A spinal cord injury can cause signals to get lost between your brain and your fingers—but also between your brain and your organs. Your body’s ability to self-regulate can be compromised if your spinal cord is damaged, making unassisted survival impossible.

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Some physical complications following SCI include:

Loss of bladder control
Sexual impotence or infertility
Bowel dysfunction
Blood pressure inconsistencies
Bed sores
Inability to regulate body temperature
Chronic pain
Inability to sweat without injury

Since they are immuno-compromised, SCI sufferers also have an increased chance of untimely death due to disease. Most common causes of death among SCI victims are pneumonia, septicemia, kidney failure and pulmonary embolism. Those suffering from neck injuries often need breathing assistance, and may require either short-term or lifelong respiratory support.

As experienced DC brain injury lawyers, we know that the severity of the injury depends on the extent of damage to the spinal cord, the location of the injury, and the treatment immediately following the accident. A person’s recovery in the first six months after the injury is often indicative of his recovery level for the rest of his lifetime.

Even patients with incomplete spinal cord injuries suffer complications. Loss of income and cost of care put an enormous financial strain on SCI sufferers. Only 11% of SCI patients are fully employed one year after their accidents, while 7% are forced to change living situations by moving into hospitals or assisted living facilities. While the cost of living for SCI patients continues to rise, their ability to pay for it drastically decreases. If you need help dealing with an increased cost of living as a result of a spinal cord injury, contact Shevlin Smith today at (703) 591-0067 for advice from a trusted Fairfax personal injury attorney.

Five Places NOT to be Around a Truck: Know Your "No Zones!"

mshevlin@shevlinsmith.com (Blog Author)46475 — Wed, 12 Jan 2011 08:00:00 EST

There are many reasons why Virginia semi accidents occur each day. All too often, these accidents take place because a driver was caught in the truck’s “no zone,” or an area surrounding a truck that the truck driver cannot see using normal vision or mirrors. In a car, we call it a blind spot. Trucks, due to their large size and shape, have more than just one “no zone”—they can have as many as five.

Avoid these dangerous areas around a truck to keep yourself, your passengers, and the truck driver safe:

Front. Most people don’t know that they are often in more danger in front of a truck than behind it. If you are driving directly in front of a truck—under the grill, with a small following distance—the truck driver might not see you because you are too close.
Right Side. The area between the cab and the back of the trailer cannot fully be seen by the driver. If you must drive alongside a truck, stay far enough back to be seen in its mirrors.
Left Side. If you cannot see the driver’s face in his rear-view mirror, he probably cannot see you either. If possible, it is safer to pull alongside the cab in view of the driver’s window.
Rear. Remember: trucks have no rear-view mirrors. The blind spot past a truck’s mirrors is big enough to contain a whole car, so if you’re following a truck, give it several car lengths of space.
Rear Wheels. If a truck brakes suddenly, the trailer has the potential to “fishtail” behind it—swinging into the cars next to it with enough force to propel them off the road, or into oncoming traffic.

If you have experienced pain and suffering as a result of a truck accident in Virginia, call Shevlin Smith today at (703) 591-0067 to get advice from a trusted DC personal injury attorney.

Top 5 Car Seat Safety Tips: Make Sure Your Child is Secure

mshevlin@shevlinsmith.com (Blog Author)45611 — Sun, 02 Jan 2011 08:00:00 EST

Children grow up so fast. It’s hard to know their size from one day to the next, so how can you know which car seat is right for them? And are they even secured in it properly?

There are many guidelines for the proper restraints for children in motor vehicles, but here are a few easy rules to ensure your child’s safety on Virginia roads:

Your child has outgrown his car seat when his head comes up higher than the top of the chair.
Infants are the only children that can be placed in the front passenger seat. However, the child must be secured facing backwards in a newborn-seat, and the seat must be moved as far back as possible.
An infant may only be placed in the front seat if there is no airbag, or the airbag has been deactivated.
Your child’s three-point seat belt must be fastened at all times. Reread the manufacturer’s instructions to make sure you are securing the child properly.
Avoid taking long car trips with infants. Since their muscles are not fully developed, they should not sit in a car seat for longer than 30 minutes at a time.

An experienced DC injury attorney can tell you that children are more at risk in the event of a Virginia car accident than any other passengers. Proper child restraint techniques, combined with safe driving and increased awareness, can help reduce the number of children involved in fatal accidents in Virginia.

What Not to Do After a Car Accident in Virginia

mshevlin@shevlinsmith.com (Blog Author)44313 — Fri, 03 Dec 2010 08:00:00 EST

Imagine you have just suffered a Virginia car accident. You’ve done all the right things: dialed 911, made sure anyone who was injured is stable, and now you’re sitting in the car waiting for the police to arrive. You’ve done everything you should do—but what about what you shouldn’t do?

Do not leave. Everyone involved should be cleared by police and emergency personnel after an accident. Stay at the scene, in your vehicle—and insist the other driver does as well.

Do not become agitated or fight with the other driver. We know these situations are tense, but hostility will only take focus away from those who are injured and need your attention.

Do not admit fault. It can be tempting to assume blame after an accident, but even if you think you are culpable, resist admitting fault to the other driver. Relay the facts when the police arrive, and leave the blame aside.

Do not go home without information. After you are cleared to leave, be sure to get information from the police officers, such as their names and the police report number, before going home.

Do not assume your assurance will cover the accident. Now that you’ve survived the accident, you have a long road ahead to recovery. Call your insurance provider as soon as possible to see what damages you are liable for.

It is surprising how many car accident victims in Virginia assume they have to go through this process alone. If there’s one “don’t” to remember, it is that you don’t have to fight for yourself. If you’re suffering after a DC car accident, call Shevlin Smith at (703) 591-0067 for advice from an experienced personal injury attorney.

Virginia Heart Health: 5 Steps to Living a Long and Active Life

mshevlin@shevlinsmith.com (Blog Author)44059 — Fri, 26 Nov 2010 08:00:00 EST

We’ve all heard the old saying, “an ounce of prevention is worth a pound of cure.” There is no better example of this than your cardiovascular health. As experienced DC injury attorneys, we know it’s far easier to prevent a heart attack—and enjoy the benefits of a healthy lifestyle—than travel the long road to Virginia heart attack recovery.

These simple steps will go a long way toward keeping a heart attack at bay:

Engage in daily physical activity. Thirty minutes a day, as little as three times a week, will go a long way toward physical and mental relaxation.

Maintain a healthy weight. A side effect of weight loss, a healthy weight is also indicative of less fat deposits around the heart.

Be drug-free. Illegal drugs, drinking and smoking all contribute to cardiovascular disease.

Lower your blood pressure. Exercise will help lower blood pressure, but it’s not the only way. Napping, relaxation, or simply turning off your cell phone for twenty minutes can increase longevity.

Manage stress. A daily period of relaxation, meditation, or deep breathing can lower stress levels, putting less strain on your brain and heart.

There are some unchangeable risk factors, such as age, gender, or family medical history, that all play a role in a person’s risk of cardiovascular disease. While some of these may increase your risk, they do not guarantee a heart attack in your future. Decreasing the risk factors you can control, taking positive steps in your physical activity and managing stress can all reduce your risk of heart disease.

Five Easy Steps to Prevent Distracted Driving Accidents in Virginia

mshevlin@shevlinsmith.com (Blog Author)42018 — Fri, 05 Nov 2010 08:00:00 EST

That one little text message to let your spouse know what time you’ll be home may seem harmless, as may the sound of your phone ringing at the bottom of your bag, but think again. These occurrences take only seconds of attention, yet in those seconds, accidents happen.

Studies have concluded that drivers on cell phones have less response time than intoxicated drivers. Many people who would never think of driving while intoxicated continue to text while driving, even though both activities are illegal in Virginia.

Follow these tips to keep Virginia roads safe from distracted driving:

Turn cell phones to vibrate while the vehicle is in motion.

Place your phone where it will not invite distraction.

If using a hands-free device, make sure it is working properly before setting off.

Wait until you park your car and turn off the engine before answering calls.

Increase awareness of distracted driving by telling others and reporting offenders.

As experienced DC personal injury attorneys, we know that drivers don’t intentionally cause car accidents. People live such fast-paced lives that it is tempting to use the time spent in the car as work time. We can be so busy, so focused on staying connected, that we lose sight of what is in front of us—and who might be in front of us. By putting the focus back on the roads, we can reduce the number of accidents caused by distracted driving in Virginia.

Virginia Breast Cancer Testing Reduces Fatalities

mshevlin@shevlinsmith.com (Blog Author)42017 — Thu, 04 Nov 2010 08:00:00 EST

Every October, we are reminded of women who struggle with breast cancer. Since breast cancer is the second leading cause of cancer deaths for women in America, perhaps it is no surprise that we all know at least one person who has fought—and maybe even survived—this horrible disease. Those survivors may have something in common: their victory is often a result of early detection.

The American Cancer Society reports that early detection in breast cancer patients saves thousands of lives every year—with the potential to save thousands more, as more women take advantage of early screening.

Cancer is so deadly because its symptoms overlap with those of non-life-threatening ailments. Often, patients who are suffering from cancer won’t realize it until the stages have progressed to a point where treatment is far less effective. Therefore, breast cancer screening, or testing before symptoms show, remains so effective in preventing late-stage detection. Detection of a mass while it is still small and has not spread to other areas of the body greatly increases a patient’s chances of survival.

Screening methods include:

Self breast exam

Clinical breast exam

Mammogram

If you have an increased risk for breast cancer, then your doctor must be especially vigilant during an examination. A cancer signal that gets missed could mean drastic consequences for you or someone you love. If your physician failed to perform adequate breast cancer testing in Virginia, then call Shevlin Smith today at (703) 591-0067 for information on your Fairfax medical malpractice case.

The High Cost of Spinal Cord Injury Treatment: How to Prevent It

mshevlin@shevlinsmith.com (Blog Author)40765 — Wed, 13 Oct 2010 08:00:00 EST

According to the United Spinal Association, medical treatment for a spinal cord injury can cost between $200,000 and $700,000 in the first year alone. Annual costs for each following year range from $14,000 for less severe cases to up to $127,000 for more severe injuries. These costs are hard for the injured to cope with not only because the costs themselves are high, but also because those living with spinal cord injuries are less likely to be employed.

In the lifetime of a person suffering from a spinal cord injury, their individualized needs will create medical and cost-of-living debt anywhere between $600,000 and $2.8 million dollars. These costs are incurred not only through emergency treatment, such as surgery and immobilization, but also in various forms of therapy.

For instance:

Many SCI sufferers need increased medication to cope with the symptoms of their disability.

Lifelong physical therapy can be required if the victim hopes to retain mobility.

Specialized health care, including psychiatrists and speech coaches, are often needed to improve a sufferer’s quality of life.

However, not all spinal cord traumas carry a lifelong sentence. The sooner you receive medical treatment after an accident, the less likely you are to suffer long-term effects. Time is such a critical factor in these cases that the effects—and costs—change drastically:

Corticosteroids administered just after an accident can reduce swelling around the spine, allowing for immediate surgery.

Removal of objects obstructing the spinal cord can reduce or prevent paralysis.

Immobility after an accident allows for the body to heal without the added stress of its own weight. A hospital inpatient stay allows for bed-rest and traction.

Through proper healing techniques, the physical therapy required may be reduced to only occupational therapy or occasional strength training.

If you did not receive immediate or adequate care for injuries sustained in a Virginia car accident, you may be owed compensation. Call Shevlin Smith today at (703) 591-0067 for information from a medical malpractice attorney.

What Happens When a Hospital is Negligent

mshevlin@shevlinsmith.com (Blog Author)39919 — Thu, 30 Sep 2010 08:00:00 EST

If you or a loved one has been hurt by hospital negligence, then you are likely wondering what happens next. What can you do to address the physical pain and financial hardships caused by the hospital’s negligence?

While the negligent act that caused you harm was out of your control, you do have control over your recovery. When you first suspect that something is not right, you should:

Seek the care of a medical doctor whom you trust. This doctor does not need to be affiliated with the hospital which caused you harm. After an examination, it is important to follow your doctor’s recommendations about follow up care to maximum your chances of recovering.

Seek the expertise of an experienced Washington D.C. and Virginia hospital malpractice lawyer. Your lawyer will evaluate your case and fight hard for your just recovery.

For decades, the dedicated medical malpractice lawyers of Shevlin Smith have been fighting for the fair recoveries for the victims of Washington D.C. and Virginia medical malpractice. Attorneys in our firm understand how significant your injuries are and will do everything that we can to help you.

If you’ve been injured in a hospital, we encourage you to read our free e-book, Do I Have a Case? A Patient’s Guide to Virginia Medical Negligence Law, and contact us today at 703.591.0067 for a free consultation.

2009 Virginia Drunk Driving Statistics Provide Important Information for Virginia Drivers

mshevlin@shevlinsmith.com (Blog Author)38614 — Thu, 09 Sep 2010 08:00:00 EST

For years, the government, community groups and others have been educating the public about the dangers of drunk driving. Virginia statistics indicate that many Virginians are getting the message. However, drunk driving continues to be one of the leading causes of serious car accidents in Virginia.

2009 Virginia Drunk Driving Statistics

In Virginia, drunk driving crashes killed 316 people and injured 6,256 people last year. Additionally, the Department of Motor Vehicles Virginia Highway Safety Office reported 31,434 drunk driving convictions. More than 78% of those convicted of drunk driving were male.

The good news, if there is any, about drunk driving in Virginia is that there was a more than 10% decrease in both fatalities and injuries in 2009.

The Decrease in Drunk Driving is of Little Comfort to the 2009 Victims

If you have been hurt or if you’ve lost a loved one in a drunk driving accident then the statistics are of little comfort to you. You must still find a way to heal physically and financially from the harm that has been caused by someone else’s illegal and negligent behavior.

The compassionate and experienced Northern Virginia drunk driving lawyers of Shevlin Smith are committed to helping you heal. We encourage you to contact us at 704.591.0067 for a free consultation after a Virginia or Washington D.C. drunk driving accident.

Who is Responsible for My Child's Birth Injury?

mshevlin@shevlinsmith.com (Blog Author)38400 — Fri, 03 Sep 2010 08:00:00 EST

As Northern Virginia birth injury attorneys, we are often contacted by clients for the answer to one simple question. They want to know who is responsible for their child’s birth injury, and with good reason. As a parent, it is agonizing to watch your child suffer, it is torturous to consider that your child’s injury could’ve been prevented, and it is expensive to provide the treatment that your child requires as a result of his or her injury.

You Need to Know Who Caused a Preventable Birth Injury

At Shevlin Smith, our experienced childbirth injury lawyers will examine your case from every angle. We will consider how the hospital, the doctor, the nurse, the midwife or anyone else involved in the birth of your child acted and whether they exercised reasonable care toward you and your child.

If we find that any medical professional or entity was negligent we will advise you about your options for recovery. We will represent you in settlement negotiations and any necessary litigation and we will zealously advocate for your recovery.

We know we can’t undo the physical pain suffered by your baby or the emotional pain suffered by your family. However, we can help you with the financial burdens. Call our Washington DC birth injury lawyers today and let us provide you with a free and honest consultation.

Six Symptoms of Heart Attacks Every Woman Should Know

mshevlin@shevlinsmith.com (Blog Author)37582 — Thu, 19 Aug 2010 08:00:00 EST

Women are at greater risk of the serious, often fatal, consequences of a doctor’s failure to diagnose a heart attack than are men. Part of the reason for the increased risk is that heart attacks often present different symptoms in women than in men.

It is therefore important for women to understand that the following symptoms may be signs of a heart attack:

Indigestion
Powerful and extreme fatigue
Nausea and vomiting
Fainting
Chest discomfort or tightness
Neck, shoulder, and jaw pain

What is missing from the list of female heart-attack symptoms is as important as what is included on the list. Many women—in fact up to about half of all women—never experience the acute, chest-clutching pain that we have all come to recognize as the classic sign of a heart attack.

If you exhibit any of these symptoms then it is important to seek immediate medical attention and to insist that your doctor conduct appropriate tests to determine whether you have suffered a heart attack. Your knowledge, and your insistence, may just save your life.

Regardless of your knowledge,however, it is your doctor’s responsibility to properly diagnose your heart attack. If you’ve been misdiagnosed, or lost a loved one due to a misdiagnosed heart attack, please contact a Washington D.C and Virginia medical malpractice lawyer for information about your rights.

Recovering from a Traumatic Brain Injury

mshevlin@shevlinsmith.com (Blog Author)37033 — Tue, 10 Aug 2010 08:00:00 EST

The aftermath of a traumatic brain injury can be a long and extraordinarily arduous road to recovery. Many traumatic brain injury victims require extensive and expensive therapies in order to maximize their potential physical recovery.

Physical Recoveries

The extent of a patient's physical recovery depends on the area of the brain that was injured and the severity of the injury. Many traumatic brain injury patients require physical therapy, occupational therapy, counseling, and speech therapy as well as medical treatment. While medical treatment and recommended therapies may not cure a brain injury, they can maximize a brain injury victim's potential recovery and teach the patient how to live with the injury.

Financial Recoveries

In our experience as Washington D.C. and Virginia brain injury attorneys, we know these therapies to be expensive, and we recognize the financial hardship they cause brain injury victims and their families. Accordingly, our Northern Virginia traumatic brain injury lawyers work hard to identify the person(s) or company responsible for the victim's injuries, and we do everything we can to hold them accountable for the medical costs, rehabilitation costs, lost income, out-of-pocket expenses, and emotional damages suffered by the patient and the patient's family following a traumatic brain injury accident.

Recovering Damages for Hospital Acquired Infections

mshevlin@shevlinsmith.com (Blog Author)35693 — Fri, 23 Jul 2010 08:00:00 EST

Hospital-acquired infections create serious problems for patients. Data indicate that approximately 100,000 people acquire preventable infections each year while in the hospital. For many patients, these infections are fatal. For others, the infections require extensive and expensive medical treatment.

If you have suffered a hospital-acquired infection, or if you have lost a loved one to such an infection, then you may have the right to recover damages if the infection was caused by the negligence of hospital personnel.

Damages for a hospital-acquired infection may include financial compensation for past and future:

Medical expenses
Lost income
Out-of-pocket expenses incurred as a result of the infection (such as household assistance that you did not previously need)
Funeral expenses
Pain and suffering

Hospitals Will Fight Your Just Recovery

Although you are legally entitled to the damages described above if your injuries were caused by a hospital’s negligence, a hospital is likely to fight your recovery. In order to be successful in your quest for damages, you need an experienced Washington D.C. and Virginia medical malpractice lawyer to represent you.

The Virginia and Washington D.C. medical malpractice attorneys of Shevlin Smith are committed to helping the victims of medical negligence. Contact us today for a free consultation and to discuss your case.

Promising Lead in the Possible Cure of Spinal Cord Injuries

mshevlin@shevlinsmith.com (Blog Author)35316 — Fri, 16 Jul 2010 08:00:00 EST

Late last month, the National Institutes of Health reported an exciting development in the treatment of spinal cord injuries. An NIH-funded study found that folate, a type of B vitamin, helps spinal cord injuries heal.

Specifically, the study found that folate stimulated a process known as DNA methylation. This change in DNA could lead to the healing of spinal cord injuries and other neurological injuries. Research already indicates that folate—which is found in green leafy vegetables—and its synthetic form, folic acid, are important to spinal-cord development in fetuses.

Currently, spinal cord injuries are not curable. Additional research is being done to find the optimal levels of folate for healing spinal cord injuries and to see if folate may be the basis of an eventual cure for spinal cord injuries.

Many people with spinal cord injuries face a lifetime of medical costs and lost income. They need a Virginia or Washington D.C. spinal cord injury attorney to help them recover compensation for their injuries.

If you have suffered a spinal cord injury due to someone else’s negligence, then you may be entitled to compensation for your medical bills, lost income, and pain and suffering. Contact the Northern Virginia spinal cord injury lawyers of Shevlin Smith today for more information about your rights.

Your Doctor May be Liable for Your Child's Birth Injury

mshevlin@shevlinsmith.com (Blog Author)33639 — Tue, 22 Jun 2010 08:00:00 EST

Mothers whose big babies suffer birth injuries often have one question. What could have been done differently to protect my child? The Virginia and Washington D.C. birth-injury attorneys of Shevlin Smith are committed to helping you find the answer to your question, and we will fight to hold the appropriate parties responsible for your child’s injuries.

There is a lot that doctors can do to predict the size of babies, and there are appropriate precautions they can take in order to deliver a big baby safely.

For example, obstetricians can:

Screen for gestational diabetes
Treat gestational diabetes
Monitor the size of the baby
Recommend a C-Section when a safe vaginal delivery is not possible

Unlike other types of birth injuries, injuries incurred because a baby is too large for a safe vaginal birth can often be avoided when the mother and child receive appropriate prenatal care. If your child has been injured during birth, then your family may be entitled to damages.

A Washington D.C. or Virginia birth injury lawyer will thoroughly investigate the cause of your child’s injury and recommend appropriate legal action against the parties responsible for the injury. Whether your child has suffered harm to an internal organ as a result of your diabetes or a birth complication such as Erb’s Palsy, Cerebral Palsy, or Shoulder Dystocia, we may be able to help if medical negligence caused the condition.

Call the Virginia and Washington D.C. medical malpractice attorneys of Shevlin Smith at 703.591.0067 to discuss your case.

What You Need to Know in Order to Provide Informed Consent

mshevlin@shevlinsmith.com (Blog Author)33513 — Tue, 15 Jun 2010 08:00:00 EST

Before a doctor performs a medical procedure, the physician must provide you with enough information to allow you to give your informed consent to the procedure. If the doctor fails to obtain your informed consent, and you are injured during the procedure, then you may have a medical malpractice case against the doctor.

The Virginia medical negligence attorneys of Shevlin Smith can evaluate your case and determine whether your doctor obtained your legal medical consent before performing a non-emergency procedure.

What is Informed Consent?

Washington D.C. and Virginia informed consent law requires that you be provided with enough information to make a reasoned decision before you agree to a medical procedure. Specifically, your doctor should explain:

Your diagnosis
Why he or she is recommending a specific procedure
The potential risks and expected benefits of the recommended procedure
The likelihood that the procedure will be successful
Alternative procedures that may provide favorable outcomes
The expected recovery time associated with the procedure
The risks of not receiving any treatment at all.

If your doctor did not provide you with enough information to provide your informed consent, if you suffered an injury as a result of the procedure, and if you would not have agreed to the procedure if you had known about the risks and alternatives, then you may be entitled to damages. Contact the Washington D.C. medical malpractice lawyers of Shevlin Smith at 703.591.0067 to discuss your potential claim.

The Top 5 Reasons Teenage Drivers Cause Car Accidents

mshevlin@shevlinsmith.com (Blog Author)31931 — Thu, 20 May 2010 08:00:00 EST

It is no surprise that that new drivers between the ages of 16 and 20 are most likely to be in accidents. However, in order to keep teen drivers safe and to prevent serious car crashes, Virginia parents and teens must think about the reasons why so many teenagers are getting hurt or killed on the road.

Study Finds Surprising Reason for Teen Accidents

According to a ten year national study recently completed by the Texas Transportation Institute*, teenage drivers are most commonly involved in nighttime driving accidents (see full article).

Overall, the study found that the following factors contribute to teen accidents:

Darkness: reduced visibility and fatigue contribute to make darkness the single biggest risk factor for teen drivers;
Cell Phone Use: today’s teens are very comfortable with cell phones and, as a group, do not appreciate the dangers posed by using a cell phone and driving.
Friends in the Car: the study found that having one passenger in a car with a teenager driver doubled the risk of an accident, two passengers tripled the risk, and three or more passengers increases the risk six times.
Speeding; and
Drunk Driving.

If you’ve been hurt by a teen driver then you need a lawyer who can help you recover for your injuries. The empathetic and experienced Washington D.C. personal injury lawyers of Shevlin Smith can help you with your claim. Call one of our Northern Virginia car crash attorneys today at 703.591.0067 for a free confidential consultation

*Source: Washington Post, “Nighttime driving is biggest danger for teen drivers, study says” by Ashley Halsey III, May 6, 2010

CDC's New Brain Injury Study Shows Increasing Traumatic Brain Injuries in the U.S.

mshevlin@shevlinsmith.com (Blog Author)31395 — Thu, 13 May 2010 08:00:00 EST

On March 17, 2010 the Centers of Disease Control and Prevention (CDC) issued a new report on the frequency and causes of traumatic brain injury (TBI) in the United States. The report “Traumatic Brain Injury in the United States: Emergency Department Visits, Hospitalizations, and Death” found that traumatic brain injuries are rising in this country.

The report indicates that the frequency of traumatic brain injuries has risen by approximately 300,000 cases a year compared to the numbers cited by the Brain Injury Association of America. Now, approximately 1.7 million people in the United States suffer from a TBI each year. This results in more than a quarter million hospitalizations and over 50,000 deaths annually.

Traumatic brain injuries are one of the most common fatal injuries following an accident. Young children under the age of four, teenagers (particularly those of driving age) and senior citizens are most at risk for serious complications following head injuries.

Brain injury victims may be entitled to compensation for their injuries. The Washington D.C. and Virginia traumatic brain injury attorneys of Shevlin Smith have the experience and knowledge necessary to help victims with their legal recoveries. Contact one of our compassionate and skilled VA brain injury lawyers at 703.591.0067 for a free confidential consultation.

Anti-Patient Bill Fails In Virginia General Assembly Subcommittee

mshevlin@shevlinsmith.com (Blog Author)26231 — Fri, 05 Feb 2010 08:00:00 EST

Victims of medical malpractice gained an important verdict this month when an anti-patient bill failed to garner any support in the House Civil Law Subcommittee of the Virginia General Assembly. House Bill No. 306 sought to create a pilot program to assess the creation of disclosure programs in health care facilities that were designed to encourage the disclosure of adverse medical outcomes between health care providers and patients.

At first glance, many of us would concede that a bill that aims to encourage the disclosure of adverse medical outcomes is worthy. After all, patients deserve to learn the reasons why an adverse medical outcome occurred, and the therapeutic relationship between a health care provider and patient can sometimes be preserved or even enhanced with frank discussions of what went wrong. It is fair to say that no one objects to legislation that is aimed at increasing the opportunity of frank discussions.

House Bill No. 306 went a step farther than simply encouraging frank discussions, however. The proposed legislation contained a very dangerous provision that would have effectively eviscerated patient's rights. This provision stated as follows:

"The following shall be privileged and inadmissible in a civil action, administrative action, or arbitration arising from an adverse medical outcome: (i) an offer to participate in a disclosure program or actual participation therein; (ii) a disclosure made as part of a disclosure program; and (iii) an offer of resolution, including compensation, made during a disclosure program."

The danger behind this provision, and subsection (ii) in particular, is that any disclosure of facts made by a health care provider in the course of the disclosure program would be inadmissible at trial. Taken literally, that would have meant that if a health care provider reported facts about what happened that caused a patient an injury, those facts would be inadmissible at trial. These facts would be inadmissible even if those facts were contained in the patient's medical record, even if another witness had knowledge of those facts, or even if the patient's attorney would have discovered those facts during the normal course of a lawsuit. In effect, if a lawsuit ever ensued following the type of disclosures protected by this legislation, then patient and the patient's attorney would be precluded from telling a jury about basic, fundamental facts about the case.

The House Civil Law Subcommittee understood the dangers of House Bill No. 306. As a result, no member of the Subcommittee even made a motion to vote on the Bill. The end result was a win for patient rights.

New Study Offers Reminder to Parents to Secure Medications at Home

mshevlin@shevlinsmith.com (Blog Author)16944 — Fri, 14 Aug 2009 08:00:00 EST

A new study from the Centers for Disease Control and Prevention reminds parents about the importance of securing medications in the home, and adhering to dosing recommendations. Focusing only on the medication overdoses that resulted to a trip to an emergency department, the researchers' findings were rather astounishing:

More than 70,000 children under the age of 18 years visit an emergency room annually due to an unintentional medication overdose.
One out of every 180 children aged 2 visit an emergency department annually for a medication overdose.
Most medication overdoses involved children under the age of 5 years old were due to the unsupervised ingestion of medication. Of note, however, there is also a siginficant number of medication overdoses involving adolescences between the ages of 12-18 years old. These latter overdoses were most often caused by misuse and medication errors.
Current child-resistant packaging, while helpful, is not alone sufficient to prevent children's access to medication.

Patient Follow-up Is Vital

mshevlin@shevlinsmith.com (Blog Author)14180 — Tue, 23 Jun 2009 08:00:00 EST

This week a number of news organization ran stories about how frequently physicians fail to inform patients about abnormal tests results. The New York Times reported on research finding that over 7% of clinically significant abnormal findings were never reported to the patient by their doctors. NBC Nightly News reported on this same study, indicating that one in 14 patients were not informed of abnormal findings by their doctors.

The research that led to these news storeis was conducted by Dr. Lawrence P. Casalino, an associate professor at the Weill Cornell Medical Center. He reviewed the records of 5,434 patients at 19 primary care centers and 4 academic medical centers.

Dr. Casalino's study has important implications for patients. It demonstrates that patients should not rely upon their doctors or their doctors' staff to relay test results. Patients should not assume that no news from their doctor means good news (that is, no telephone call means that the test results must have been normal). The repeated inability of doctors and/or doctors' offices to communicate test results to patients means that patients should ask for copies of their tests results, and should review those results on their own.

Some of the more common test results that should be sought by patients are blood tests, mammogram reports, x-ray reports, MRI reports, CT scan reports, and pap smear results.

Retained Foreign Object Cases Remain A Patient Safety Risk

mshevlin@shevlinsmith.com (Blog Author)9815 — Tue, 10 Mar 2009 08:00:00 EST

The Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) accredits and certifies more than 15,000 hospitals and other healthcare organizations in the United States. Its mission is to improve the safety and quality of care patients receive at these entities. It tracks "sentinel events," which it defines as "an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof." Such events are called "sentinel" because they signal the need for immediate investigation and response.

One type of sentinel event that JCAHO tracks are retained foreign objects. Retained foreign objects are surgical items left in patients following surgery. Estimates indicated that surgical items are left in 1,500 people per year in the United States, including surgical sponges, surgical towels, and surgical instruments such as clamps and retractors. These items are most often left in the abdomen or pelvis (54% of the cases), the vagina (29%) and the thorax (7%). Mortality rates resulting from the unintended retention of foreign objects are as high as 11% to 35%. In virtually all cases, the patient is required to undergo a second (needless) operation to have the foreign object removed.

The JCAHO has issued strategies in an effort to prevent, or at least reduce, the occurrence of retained foreign object events. Hopefully, the implementation of these strategies, and dilgence by health care providers in the operating room, will
increase patient safety.

If you or a loved one has been the victim of a retained foreign object, and you like to know more about your legal rights, the attorneys at Shevlin Smith would be happy to speak with you.

Virginia Supreme Court Decisions A Big Victory For Plaintiffs

mshevlin@shevlinsmith.com (Blog Author)8578 — Fri, 30 Jan 2009 08:00:00 EST

Last week, the Virignia Supreme Court released its decision in Centra Health, Inc. v. Mullins. The end result is a big victory for plaintiffs in death cases where the cause of death is contested.

The Central Health case resolved a long-standing issue under Virginia law -- whether a plaintiff has the right to submit both a survival action and a wrongful death action to a jury for resolution at the same time. Plaintiff's lawyers have long advocated for this right in order to prevent the injustice of picking the wrong cause of action to submit to a jury, and losing a case, not because the defendant did not negligently cause harm, but because the wrong cause of action was chosen.

Until the Central Health decision, a plaintiff's nightmare scenario occurs under the following facts. The defendant negligently injures a person and everyone agrees that the defendant was indeed negligent in injuring the other person. The injured person then dies some time after the initial injury. The plaintiff and defendant disagree whether the defendant's negligence actually caused the injured person to die, or whether the injured person died from some other cause. Based upon these facts, two different causes of action were available to the plaintiff - (1) a wrongful death claim in which the plaintiff alleged that the defendant caused the death of the injured person' or (2) a survival action claim inwihch the plaintiff alleged that the defendant caused injury to the injured person but did not cause death. Prior to Central Health, some trial courts were requiring the plaintiff to elect only one of the two claims to submit to a jury. The injustice arose when the plaintiff elected the wrongful death claim, but lost at trial because the jury felt the defendant negligently injured the injured person but did not cause that person's death; or when the plaintiff elected the survival action claim, but lost at trial because the jury felt the defendant did negligently cause the injured person's death.

In Central Health, the Virginia Supreme Court recognized the right of plaintiffs to submit both claims to the jury, and allow the jury to decide which of the two claims was the right one under the evidence presented. Under this decision, plaintiffs no longer face the prospect of losing a case where the defendant is admittedly negligent on the grounds that the wrong type of claim was elected.

Concussions Can Cause Severe Brain Injury

mshevlin@shevlinsmith.com (Blog Author)8503 — Tue, 27 Jan 2009 08:00:00 EST

Personal injury claims involving brain injury are some of the most contested cases in the legal field. Insurance companies and their attorneys are often skeptical of traumatic brain injury claims and the devastating effects that brain injuries have on the injured and the injured's families. Today, there is further compelling evidence that these injuries are not only very real, but of severe consequence. A new study by the Center for Study of Traumatic Encephalopathy (CSTE) has looked at the brains of dead athletes and found overwhelming evidence that repeated concussions can cause severe brain damage.

Several findings from the recent CSTE study are significant for not only athletes but anyone who has suffered a concusion:

The researchers found that the brain damage was extensive and clearly visible. The damage was found throughout the brain including in deep layers. The damage was not limited to only the superficial tissues of the brain.
Degenerative brain disease caused by brain trauma is known as chronic traumatic encephalopathy (CTE). CTE is the only known form of dementia that is fully preventable.
The location of the brain damage is to areas that control a person's emotional response, rage, and breathing. This finding helps explain some of the personality changes seen in persons who have suffered a concussion.

These findings and the growing body of research conducted by the CSTE and others serve well those who have suffered a traumatic brain injury. They confirm what is already known -- while brain injuries may appear invisible to those skeptical of their existence and their impact on human life, the true existence of such injuries is visible from the examination of the brain itself and upon a non-jaded view of those who have suffered the injury.

529 Medical Errors Reported in the District of Columbia In One Year

mshevlin@shevlinsmith.com (Blog Author)8115 — Thu, 15 Jan 2009 08:00:00 EST

Unless you or a loved one has been a victim of medical negligence, you have probably never given much thought to how often medical negligence occurs. You probably have never considered how preventable the medical negligence was. The Washington, D.C.'s Department of Health's annual report sheds light on those issues.

The city's Department of Health reported that for the 12 months between July 2007 and June 2008, there were 529 "adverse events" in District of Columbia hospitals and clinics. At least 14 of these errors resulted in the death of the patient.

The underlying nature of the adverse errors was alarming. At least seven people died because they were given the wrong medicine or given the wrong dose of medication. Another adverse event involved surgery performed on the wrong breast of a woman. Another involved the death of patient who, while in respiratory distress, was hooked up to a ventilator that was broken.

Sadly, the 529 adverse events are probably an understatement of the number of actual medical errors that occurred during the reported 12-month period. Only 10 of the District's 15 hospitals participated in the report, and only two of the District's 21 nursing homes reported.

So, the next time you hear about a medical malpractice case that has been filed, don't be so quick to judge it as frivolous. Ask questions about its underlying facts. You might be surprised just how preventable the medical error was and how needless a patient's death or injury was.

Is The FDA Doing Its Best To Protect American Citizens From The Risks Of Drug Medications?

mshevlin@shevlinsmith.com (Blog Author)1046 — Mon, 17 Nov 2008 08:00:00 EST

Avandia is a diabetes drug designed to lower a diabetic's blood sugar and kept it under control. As such, one of its aims is to protect against the risks of uncontrolled diabetes, including the risk of heart disease. The drug is made by GlaxoSmithKline.

Ironically, in May, reports began to surface that instead of protecting diabetics from heart disease, Avandia was actually having the opposite effect. A study published in the New England Journal of Medicine found that the use of Avandia increased a patient's risk of heart attacks. Another more recent study published in the Journal of American Medical Association found similar risks to patients, noting that the use of the drug doubled the risks of heart failure and raised the risks of heart attack by 42 percent.

A number of physicians have called for the withdrawal of Avandia from the market. A safety scientist at the Food and Drug Administration joined in that call arguing that Avandia's toxic effects on the heart had caused up to 205,000 heart attacks and strokes, some fatal, from 1999 to 2006. Regardless, the Food and Drug Administration overwhelming voted otherwise. Instead, the FDA has required GlaxoSmithKline to place strict warnings on Avantia labels.

Of particular interest, FDA officials have admitted that GlaxoSmithKline told the agency about heart risks nearly two years ago but that because of internal disagreements, it never warned patients.

This, of course, leads to the question is the FDA really doing everything within its power to help protect the American public?

FDA acknowledges loophole that allows non-FDA approved drugs to be prescribed by health care providers

mshevlin@shevlinsmith.com (Blog Author)1103 — Mon, 17 Nov 2008 08:00:00 EST

CNN reports that doctors write approximately 65 million prescriptions for drugs not yet approved by the U.S. Food and Drug Administration, the federal agency that regulates prescription drugs. These drugs slip through a "black hole" in the drug approval system, whereby the FDA provides the drugs with an identification number to track the drug the regulatory process but that identification number is then used by pharmacies and health care providers to order the drugs for patient use. Because the drugs have an identification number, pharmacies and health care providers mistakenly believe the drugs have been approved by the FDA even though they have not. According to the CNN article, the FDA has known about the existence of this "black hole" for over four decades, but has failed to address it. Perhaps even more shocking, the FDA refuses to identify for the public the drugs that have slipped into this "black hole" despite knowing the identity of such drugs. The result is that the public continues to be at risk. Click here to read the CNN article in full.

Study Finds Type Of Health Care Inusrance Affects The Quality Of Care Patients Receive

mshevlin@shevlinsmith.com (Blog Author)1212 — Mon, 17 Nov 2008 08:00:00 EST

A recent New York study found a significant difference in the treatment received by patients based upon the type of health insurance coverage carried by the patient. The authors, who were from the Weil Cornell Medical Center in New York, examined treatment offered to patients suffering from an appendicitis. They found that patients who had health insurance through Medicare or Medicare were 14% and 22% more likely to suffer a ruptured appendix due to a delay in the performance of surgery as compared to patients who had private insurance. They also found that patients who had no health insurance were 18% more likely to suffer a ruptured appendix than patients who had private insurance. The differences persisted even after controlling for age, sex, socioeconomic status, type of hospital and other factors. The authors' findings were published last month in The Journal of the American College of Surgeons and were also recently published in the New York Times. Click here to read the New York Times article.

Are Insurance Companies Shedding Their Role As Risk-Bearers In An Effort To Become Profitable Financial Institutions?

mshevlin@shevlinsmith.com (Blog Author)1213 — Mon, 17 Nov 2008 08:00:00 EST

There have been numerous news headlines documenting the record profits being earned by insurance companies in recent years. These record profits come on the heels of many natural disasters such as Hurricane Katarina and California forest fires, in which many policy holders are being denied coverage or being offered less than full value for their replacement costs. Click here to review a detailed article recently published in the Biloxi Sun Herald discussing this issue. Given the record profits being earned by insurance companies, do you believe that they are failing to meet their obligation to bear the risk for the losses of its insureds? Do you believe that these profits are coming at the expense of insureds whose claims are being unjustly denied or undervalued?

Is there too much medical malpractice litigation or is there too much medical malpractice?

mshevlin@shevlinsmith.com (Blog Author)1356 — Mon, 17 Nov 2008 08:00:00 EST

In his book, "The Medical Malpractice Myth," Tom Baker seeks to answer the question whether there is too much medical malpractice litigation in the United States or whether there is too much medical malpractice. His answer may surprise you. Tom Baker examines every relevant study performed in the last thirty years on the issue of medical malpractice. Most of these studies were conducted by health care providers, including physicians, hospitals, and nurses. Based upon those studies and other data he has gathered on his own, Tom Baker concludes that there is an epidemic of medical malpractice in the United States. His figures are staggering. Doctors and hospitals injure about one out of every twenty-five hospital patients. Negligence is the cause of injury in about one of every four of those cases, meaning that one patient in every 100 is the victim of medical malpractice. Of note, more people are killed by medical malpractice than are killed by auto and workplace accidents combined. Other significant findings include:

* Compared to the amount of medical malpractice, there is very little medical malpractice litigation. The evidence shows that very few victims of medical malpractice actually file lawsuits. Data show that there are approximately seven proven medical malpractice injuries for every one medical malpractice case that is filed.

* The number of medical malpractice lawsuits is not growing. Similarly, the overall size of the lawsuit settlements and verdicts is not increasing, particualry once the rising medical care costs for treating medical malpractice victims is taken into account.

* Medical malpractice lawsuits and jury verdicts are not to blame for the recent medical malpractice insurance crisis. In reality, the culprit for the insurance crisis is the boom-and-bust cycle in the insurance industry that has been an inherent part of the insurance business for over a century.

* Medical malpractice lawsuits are not depriving Americans of access to health care. The evidence shows that the costs associated with medical malpractice litigation are less than 1% of the entire cost of the health care system.

* Medical malpractice lawsuits actually do good. An example of this is the American Society of Anesthesiologist's closed case study of all past medical malpractice claims filed involving anesthesia. This study led to significant changes in how anesthesia was practiced in the United States. For example, better anesthesia equipment was developed and new practice guidelines were implemented. The end result was better health care for patients and lower insurance premiums for anesthesiologists.

* Medical malpractice insurance premiums for health care providers is not as high as commonly reported. The average insurance premium paid per doctor is less than $12,000.

Frivilous Lawsuits Myth Debunked

mshevlin@shevlinsmith.com (Blog Author)1470 — Mon, 17 Nov 2008 08:00:00 EST

Every year around this time, media outlets across America and the world get their laughs at "this year's" Stella Awards. The Stella Awards are a list of the year's seven "most outlandish lawsuits and verdicts in the U.S." For anyone who has cared to check, this year's seven cases are repeats of years past. Worse, as it turns out, the cases are fictional. Rick Casey, a journalist from the Houston Chronicle, exposes the myth behind these cases in his article "Incredible Lawsuit Tales." In addition to exposing the myth behind the Stella Awards, Mr. Casey explains away many of the misconceptions behind the McDonald's coffee cup case that has led many Americans to believe (wrongly) that our civil justice system is flawed. Mr. Casey leaves us with an important reminder: "The next time an Internet tale makes you think things are even worse than you thought, check it out. Especially when the tale suggests that the American system is stacked against wealthy corporations."

New Harvard Study Deals Another Blow To Tort Reform Advocates

mshevlin@shevlinsmith.com (Blog Author)1665 — Mon, 17 Nov 2008 08:00:00 EST

A new study from Harvard Medical School Researchers at Cambridge Health Alliance has found that the waiting time for patients seeking emergency care is getting longer each year. The study examined the time between patients' arrivals in the emergency department (ED) and when they were first seen by a doctor, and found that the average wait tme increased 36% from 1997 to 2004. Some additional findings of significance in the study are: (1) patients needing emergent care waited even longer - waiting on average 40% longer in 2004 than in 1997. (2) patients suffering from heart attacks waited even longer still -- on average 150% longer in 2004 than in 1997. (3) the increased delays affected everyone, including those with and without health insurance, and people from all racial and ethnic groups. The authors noted that "prolonged ED waits have serious implications for the quality of care." When treatment is delayed, particularly for severely ill patients such as those suffering from heart attacks, patient recovery and survivability is adversely affected. Of note, the study did not find that medical malpractice claims were a factor in the reduction of quality of care at Emergency Departments, nor did it advocate the need for tort reform measures as a solution to the reduced quality of care. As such, the study is yet another blow to tort reform advocates who blame medical malpractice litigation for the poor quality of care received by Americans. A link to the new study can be found at http://content.healthaffairs.org/cgi/content/full/hlthaff.27.2.w84/DC1

Three Virginia Nursing Homes Listed Among Nation's Worst

mshevlin@shevlinsmith.com (Blog Author)1876 — Mon, 17 Nov 2008 08:00:00 EST

The Centers for Medicare and Medicaid Services (CMS) recently released its list of the worst nursing homes in the United States. Among the 131 nursing homes cited were three from Virginia -- Beacon Shores Nursing & Rehabilitation in Virginia Beach, Ruxton Health of Woodbridge, and Harbour Pointe M & R Center in Norfolk.

Nursing homes were placed on the list based upon findings made by inspection teams. Criteria employed by the inspection teams included: (1) whether a nursing home had more deficiencies involving quality of care matters than an average nursing home; (2) whether a nursing home had more serious deficiencies involving quality of care matters than an average nursing home; and (3) whether a nursing home had a pattern of serious problems that has persisted over a long period of time.

The Centers for Medicare and Medicaid Services make the following suggestions regarding the selection of a nursing home:

Visit the nursing home and talk to staff, residents and other families
Ask to see the results from the last State or CMS survery
Look at the survey history of the nursing home on Nursing Home Compare to see what areas may be problematic
Ask the nursing home staff what they are doing to improve quality of care for residents in the nursing home
Call the State survey agency to find out more about the nursing home
Look to see if the nursing home has been placed on the the Special Focus Facility (SFF) Initiative by the Centers for Medicare & Medicaid Services in the past and see how long the nursing home remained on that list
Call your local State Ombudsman, Administration on Aging, and local groups to find out about the nursing home
Use the "Nursing Home Brochure" found at http://www.medicare.gov/Publications/Pubs/pdf/nursinghome.pdf and "Guide to Choosing a Nursing Home" at http://www.medicare.gov/Publications/Pubs/pdf02174.pdf

How Can A Medical Malpractice Case Be Called Frivolous When Expert Medical Testimony Is Required Before A Lawsuit Can Even Be Filed?

mshevlin@shevlinsmith.com (Blog Author)2066 — Mon, 17 Nov 2008 08:00:00 EST

If you have read our previous blogs, you have noticed that we take great issue with the tort reformers' claim that our legal system is plagued with frivilous medical malpractice lawsuits. We have previously cited on our website numerous studies that debunk this claim.

Now, there is additional support for our position. This time it comes from an article written by physicians in the December 2007 issue of the medical journal, Plastic & Reconstructive Sugery.

In an article captioned, "Expert Witness Reform," the authors correctly note that a lawyer cannot bring a frivolous claim to trial without a physician expert witness stating that the claim is not frivolous. Thus, as the authors conclude, it is the expert physician, not the attorneys, who define "meritless" and "frivolous" claims.

In Virginia, the protections against frivolous medical malpractice lawsuits are even greater. Under Virginia law, a lawyer cannot even file a medical malpractice lawsuit without a physician expert witness certifying that the case is not frivolous.

Shevlin Smith's Praise for "A Call To Action For Doctors"

mshevlin@shevlinsmith.com (Blog Author)2067 — Mon, 17 Nov 2008 08:00:00 EST

Dr. SreyRam Kuy, a medical doctor, recently wrote an Op-Ed in the Los Angeles Times entitled "Stand up for Patients." We found this physician's perspective on the current status of our nation's health care system and the response of doctors to be both refreshing and enlightening.

Dr. Kuy noted that physicians are increasingly outspoken on issues such as tort reform and cuts in Medicare reimbursement rates, both of which affect physicians' income. However, there seems to be relative silence about reports of poor health care or medical negligence in the United States. He cites the report compiled by the Institute of Medicine regarding statistics of medical negligence, which our firm has previously cited and discussed in prior blogs). He also pointed to the recent Commonwealth Fund's national score card showing that the U.S. ranks last among 19 industrialized nations on infant mortality, and 15th on "mortality from conditions amenable to healthcare" — that is, early deaths that might have been prevented with proper care. Dr. Kuy boldly reminds colleagues that a physician's first loyalty should be to his or her patients, rather than to bolstering personal income, stating that physicians hold a "sacred trust" to protect their patients' health.

Dr. Kuy cites a positive example of physicians with the proper motivation that recently occurred in California. Blue Cross of California requested physicians to disclose any medical conditions that might enable it to cancel patients' medical coverage. Dr. Kuy praises the California Medical Association and the physicians who protested this outrageous request, which was so obviously not in the best interests of the patients.

Although Dr. Kuy seems sympathetic to the low morale of physicians, he suggests that a fight for the patients rather than for greater income is the better way to boost morale. We certainly agree that the medical community would be better served, both in its public image and its own morale, if it were better policed from within.

As we have pointed out before, the drop in physician income has very little, if anything, to do with medical malpractice lawsuits, and has everything to do with how insurance companies choose to compensate physicians for patient care and how insurance companies choose to charge physicians for medical malpractice insurance. The enemy is not the legal system, which seeks to provide recourse for patients who have been injured by the negligence of physicians and other health care providers. The true enemy is insurance companies who consistently put their corporate profits ahead of everyone else -- physicians, other health care providers, patients, etc.

Unfortunately, physicians certainly feed the public and political outcry against cases of medical negligence. Innocent victims of negligence in other types of cases, such as automobile accidents, are not nearly as denigrated. At Shevlin Smith, it is our position that a victim is to be assisted and compensated, regardless of the origin of injury. Dr. Kuy took brave steps toward encourgaging his colleagues to abandon prejudice against medical reform when he insisted that the patients' best interest must come first.

Website Allows Patients To Compare Hospital Ratings

mshevlin@shevlinsmith.com (Blog Author)2782 — Mon, 17 Nov 2008 08:00:00 EST

Until recently, it has been virtually impossible for patients to gather information that allows them to compare the quality of care that hospitals provide. Now there is Hospital Care. This website, which is hosted by the Centers for Medicare & Medicaid Services, provides scores for more than 30 measures of care and service. CMS officials hope that the website will encourage hospitals to improve their quality of care. There is another laudatory benefit to the website, however. It helps patients compare hospitals against other hospitals on issues such as how each hospital treats certain health conditions and which medical procedures each hospital performs. This information enables patients to make better hospital care decisions.

Another Frivilous Lawsuit Myth Debunked

mshevlin@shevlinsmith.com (Blog Author)2794 — Mon, 17 Nov 2008 08:00:00 EST

In previous blogs, we have disputed claims by proponents of medical malpractice tort reform that insurance premiums are rising as a result of an increase in medical malpractice claims. A recent study out of the Suffolk University Law School offers further support for our position.

Examining malpractice insurance premiums in the State of Massachusetts from 1975 to 2005, the authors of this study found that medical malpractice premiums have actually declined from 1990 to 2005 for virtually all physicians practicing in Massachusetts. The authors noted that because Massachusetts has the fourth-highest median malpractice payouts of all states, if there was a premium crisis due to the number of lawsuit settlements, it should logically occur in Massachusetts

The authors proved yet again that malpractuce premiums are not higher than ever and that there is no premium crisis. Their study demonstrates the fallacy of such arguments, noting that the proponents of such arguments fail to account for inflation, discounts offered by insurance companies to increase their market share, and the historical rise and fall cycle in insurance underwriting.

Moreover, national figures published by the American Medical Association support the fact that malpractice insurance premiums do not have a significant impact on a physician's ability to practice medicine. These figures show that premiums make up 7 percent of total practice costs for all physicians.

It Is The Insurance Industry That Is In Dire Need Of Reform

mshevlin@shevlinsmith.com (Blog Author)3918 — Mon, 17 Nov 2008 08:00:00 EST

The American Association for Justice recently published a report entitled "The Ten Worst Insurance Companies in America." The report identifies some pretty staggering figures relating to the profits made by the insurance industry over the last ten years. For example, the report states that "over the last 10 years, the property/casualty insurance industry has enjoyed average profits of over $30 billion a year." The report further states that "the life and health side of the insurance industry has averaged another $30 billion." It deserves special emphasis that these figures are the profits earned by the insurance industry.

The report also notes that the U.S. insurance industry takes in "over $1 trillion in premiums annually" and has "$3.8 trillion in assets." This later figure is more than the GDPs of all but two countries in the world.

Given these figures, it is hard to argue against the fact that the insurance industry is doing quite well. Yet, in comparison, how are policyholders doing? Many of us are aware that health care providers are complaining that the rising cost of their medical malpractice insurance premiums. Most of us know that our health insurance premiums continue to rise. Those who have had the misfortune of being victims of a natural disaster, such as Hurrican Katrina, know that our insurance companies often fight us by denying claims rather than help us recover.

Proponents for tort reform often advocate for changes in our civil justice system in an effort to stem the rise in insurance premiums. They argue that restricting the right of Americans to bring lawsuits, or arbitrarily limiting the amount of recovery by persons injured due to the negligence of others, will best effectuate such an end. Of course, there is little evidence to support such claims. Perhaps it is time that different questions are asked. For example, why do insurance companies continue to raise premiums when they are earning record profits? Why do insurance companies continue to emphasize profits over fair dealing with their policyholders?

America's Ten Worst Insurance Companies

mshevlin@shevlinsmith.com (Blog Author)3920 — Mon, 17 Nov 2008 08:00:00 EST

The American Association for Justice recently published a report entitled "The Ten Worst Insurance Companies in America." The companies identified were:

1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. Wellpoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual

Serious But Preventable Medical Injuries On The Rise

mshevlin@shevlinsmith.com (Blog Author)4072 — Mon, 17 Nov 2008 08:00:00 EST

Previously, we have cited the landmark study by the Institute of Medicine published 2001 titled "To Err Is Human: Building A Safer Health System" as proof that preventable medical errors occur at alarming rates. That study estimated that preventable medical errors caused 98,000 deaths per year. It did not estimate the number of non-death injuries caused by preventable medical errors.

Today, seven years later, there is evidence that the rate of injury due to preventable medical errors continues to rise. The Salt Lake Tribune reports that since 2002 the number of preventable serious medical injuries in Utah hospitals has increased by over 50%. This figure is limited to "never events" which are defined are events that are never suppose to occur. Such events include surgeries done on the wrong body site, surgeries in which instruments are left inside the patient, blood transfusion using the wrong blood type, and medication errors.

Medicare Stops Paying for Medical Errors

mshevlin@shevlinsmith.com (Blog Author)5010 — Mon, 17 Nov 2008 08:00:00 EST

On October 1, 2008, Medicare enacted a new policy concerning its payment of medical care costs caused by hospital errors. Under this new policy, Medicare will not pay for medical care costs that occur as a result of 10 reasonably preventable events. These events are often referred to as "never events" because they should never occur. These never events include complications arising from when patients receive incompatible blood transfusions, second surgeries necessitated by foreign objects left behind in a patient from a prior surgery, second surgeries necessitated by certain infections, surgeries performed on wrong body parts, complications from serious bed sores and falls that occur in the hospital, and urinary tract infections caused by in-hospital use of catheters. Most importantly from a patient perspective, Medicare's new policy also prevents hospitals from billing patients directly for costs generated by such errors.

Prior studies have shown that the occurrence of "never events" has huge consequences both financially and for patient well-being. For example, one study has found that the occurrence of never events account for 2.4 million extra hospital days, $9.3 billion in extra charges, and 32,600 deaths.

An interesting side issue to watch is what effect will Medicare's new policy have in the ability of patients to prove medical malpractice cases when these "never events" occur.

Preemption of Tort Litigation

mshevlin@shevlinsmith.com (Blog Author)6098 — Mon, 17 Nov 2008 08:00:00 EST

Earlier this month, the United States Supreme Court heard oral argument on an extremely important case concerning the rights of Americans. The case is Wyeth v. Levine. The case involves a 62-year-old woman (Levine) who was given the drug Phenergan by "intravenous push." The intravenous push allowed the drug to enter Levine's arterial blood system, which caused injury and ultimately led to the amputation of her hand and forearm. A jury found Wyeth (the manufacturer of Phenergan) negligent in failing to provide adequate warnings concerning this possible danger, and awarded Levine compensation for her injuries.

The Wyeth v. Levine case involves the legal doctrine of "preemption." Preemption is the concept that federal law takes precedence over state or local law. When properly invoked, it stands for the proposition that when federal law regulates certain activity then that regulation supercedes any conflicting state law.

In the context of the Wyeth case, the Food & Drug Administration (FDA) is the federal agency that regulates the labeling of drugs. The Food, Drug, and Cosmetic Act (FDCA) is the federal law that applies to drugs such as Phenergan. Wyeth argues that that FDA approved the drug label for Phenergan, which permitted the administration of the drug through intravenous push, and that therefore state law should not permit a tort claim. In contrast, Levine argues that the FDA never considered, much less rejected, a label that would have prohibited intravenous push administration, and that Wyeth should have added that prohibition to its label on its own in light of Wyeth's knowledge of its risks. Additionally, Levine argues that the FDCA does not have any express preemption clause, which indicates congressional intent to have the FDCA trump state law.

The significance of the Wyeth v. Levine case lies less in the legal doctrine at play, but more on who is best able to protect Americans from known dangers of drugs and other products. The United States Supreme Court's decision will have a profound effect for patients and drug safety. If the Court decides in favor of Wyeth, then the FDA will become the sole protector of patients. The problem is that the FDA is not equipped to evaluate the safety of drugs and its warning labels. Moreover, given the approval process for drugs in the United States, many safety problems are never discovered until after a drug's approval, and then only if the drug manufacturers report such problems voluntarily. The United States has a long tradition of relying upon the tort system in general, and upon the state tort system specifically, in order to protect the safety of Americans from unreasonbaly dangerous drugs and products. The tort system has demonstrated itself to be effective in undercovering adverse drug reactions and manufacturer delay in responding.

In support of the tort system, a recent article appeared in the Journal of the American Medical Association. This article was written by physicians, and supported the notion that the FDA is not capable of protecting Americans on drug safety issues. They argued that patients are best served by the tort system. Let's hope that the United States Supreme Court listens, if not to the lawyers, than at least to the physicians.

Is Insurance Company Greed The Reason For Higher Premiums?

mshevlin@shevlinsmith.com (Blog Author)2338 — Mon, 17 Nov 2008 08:00:00 EST

Advocates for tort reform consistently claim that lawsuits are the reason that Americans face increasing insurance premiums. This claim has consistently been refuted by statistics that prove the number of lawsuits filed in the United States have been decreasing over the last 20 years, and that jury verdicts in favor of injured people have not been increasing over the last 20 years.

Now, there is additional proof that lawsuits have nothing to do with the increase in insurance premiums charged by the insurance companies. J. Robert Hunter in his study entitled "Property/Casualty Insurance in 2008: Overpriced Insurance and Underpaid Claims Result in Unjustified Profits, Padded Reserves and Excessive Capitalization" discovered that insurance companies are paying 20% less in benefits to its own insureds now as compared to 20 years ago. He also discovered that insurance companies have earned unprecedented profits in each of the last four years, which is remarkable in the aftermath of Hurricane Katrina and the Florida hurricanes. Mr. Hunter concludes that the property/casualty insurance industry has been highly effective in maximizing profits through rate increases, coverage reductions, inappropriate claims practices and by shifting high risks onto taxpayers.

Of note, Mr. Hunter was a former Texas insurance commissioner charged with ensuring that insurance rates are fair, and that insurance companies are financially stable and able to pay claims as promised.

Anecdotal support for Mr. Hunter's findings can be found in Allstate Insurance Company's long-standing refusal to comply with court orders demanding the production of the "McKinsey documents", which allegedly show how the company profited at policyholder's expense. In an effort to protect these documents from production, Allstate Insurance has incurred millions of dollars in fines. Recently, the Florida Insurance Commissioner went so far as to ban Allstate from writing new insurance business because of its refusal to produce documents or testimony to clarify its procedures for paying claims.

Patient Advocacy: A Growing Business

mshevlin@shevlinsmith.com (Blog Author)2664 — Mon, 17 Nov 2008 08:00:00 EST

How many of us have gone to a emergency room, or even to a doctor's office, and waited for what seemed to be an eternity to be examined? How many of us have been in a hospital or a doctor's office but felt that the staff was not hearing our complaints? Unfortunately, these experiences can be all too common. In our legal practice, we often see the tragic consequences that can result from long delays and failure to listen to patient complaints. Sadly, we have handled numerous cases in which patients have died or have suffered life-changing injuries from conditions that were treatable with earlier intervention.

Recently, we have been reading a great deal about an emerging business industry - patient advocacy. A recent article in the Arizona Daily Star discussed the role and merits of patient advocacy. The patient advocate works on behalf of a patient to ensure that the patient receives the best possible medical care. These advocates can help monitor patient medication, review patient treatment plans, provide detailed patient medical histories, alert overworked nurses when vital signs go bad, coordinate care as nurses and doctors change shifts, and look out for patient comfort, hygiene and mobility. The use of patient advocates appears to be most prevalent during hospitalizations and nursing home visits.

For more informaton about patient advocacy, check out these websites below. We do not have any affiliation with these companies, but found that their websites provide helpful information for you in considering whether to hire or use a patient advocate.
Patient & Family Advocates, LLC
The Family Advocate
COPE Patient Advocates

Please note, however, that a patient advocate does not always have to be a hired advocate. Family members can always serve as an effective advocate if they are willing to become actively involved in the care of a loved one.

22-Year-Old Drunk Driver Causes Fatal Pedestrian Accident in Virginia

blog@www.shevlinsmith.com (News Author)29822 — Thu, 02 Feb 2012 08:00:00 EST

A Fairfax County drunk driver who caused the death of an 8-year-old boy and seriously injured his mother will be held without bond, a judge said Tuesday.

On January 15, Maria Hernandez-Chavez from Lincolnia was crossing Duke Street with her 8-year-old son, Brian, around 2:30 p.m., when they were both struck by 1994 Honda Accord traveling west. The driver, 22-year-old Victor M. Aldana, was driving to the extreme right of the roadway and had plenty of time to avoid hitting the victims, witnesses said.

Brian Hernandez-Chavez was killed in the crash. His mother was taken to the hospital in critical condition, suffering at least two broken legs and a fractured pelvis.

Rather than stop after causing the accident, Aldana continued on his way. He finally came to a stop when he veered off the road, rolled down an embankment, and crashed into a traffic control box.

Prosecutors allege that the accident was a result of Aldana’s driving under the influence of alcohol. According to a statement, Aldana had been drinking since 9:30 that morning, five hours prior to the crash. A blood test confirmed that Aldana’s blood alcohol level was .15, almost twice the legal limit.

After an inquisition into Aldana’s citizenship status, police were able to confirm that Aldana is indeed a legal permanent resident of the US. He lives in the Alexandria area of Fairfax County and was employed at a local KFC fast food restaurant.

Aldana has not yet entered a plea in the case. His next court appearance will take place on February 13.

DUI Driver Causes Crash, Attempts to Kill Police Officer in DC

blog@www.shevlinsmith.com (News Author)29539 — Sun, 29 Jan 2012 08:00:00 EST

A driver under the influence in DC caused a deadly accident and threatened to fire on police officers trying to save him, Virginia State Police report.
Police took notice of 54-year-old Steven C. Murray in the early morning hours of January 3. Murray was southbound on I-95 when his vehicle suddenly ran off the side of the road near mile marker 156. According to police, Murray hit a Jersey wall several times, but continued driving down the right shoulder of the highway.
A state trooper who saw the accident tried to pull Murray over, but Murray continued on the shoulder until his black sedan slid into a ditch at mile marker 154. The car caught fire less than a mile from a vehicle weigh station and rest area. When troopers attempted to pull Murray from the wreck, he pointed a handgun at them, threatening to shoot.
Virginia State Police say the standoff was a short one, since Murray eventually put down his weapon and surrendered. He received hospital treatment for minor, non-life-threatening injuries before being taken to the Prince William County Detention Center, where he remains until trial.
Murray will face a number of felony charges, including attempted murder of a police officer, driving under the influence of drugs, hit-and-run, reckless driving, illegal possession of Oxycontin, attempting to elude a police officer and possession of stolen property.
Police have reported that Murray will also face a charge of possession of a firearm by a convicted felon and an additional fugitive penalty for an outstanding arrest warrant in Charles County, MD.

Teen Dies after Being Thrown from Vehicle in Fairfax Car Accident

blog@www.shevlinsmith.com (News Author)29538 — Fri, 27 Jan 2012 08:00:00 EST

A teenager who was in critical condition after a Virginia car crash last week has succumbed to his injuries, authorities say.
18-year-old Carlos Hernandez of Falls Church was riding in the back seat of a 2001 Honda Accord when the driver lost control of the vehicle. Just after midnight on January 2, the car left the roadway and struck a tree in the 2900 block of Graham Road near Rice Street. Hernandez was ejected from the vehicle.
Fairfax County Police reported that Hernandez was taken to Inova Fairfax Hospital with multiple blunt force injuries, where he died five days later.
“Police have not placed any charges but are continuing to investigate,” authorities said in a statement released Friday.
Detectives and experts from the Crash Reconstruction Unit have been on the scene of the crash, and have reason to believe speed could have been a factor in the accident. Authorities have not confirmed whether Hernandez or the driver was wearing a seat belt at the time of the crash.
Police urge anyone with information about the accident to contact Crime Solvers at 1-866-411-TIPS (8477).
The attorneys and staff at Shevlin Smith wish to extend their condolences to the family and friends of this young man, and hope that everyone stays safe on the roadways in the coming year.

Fairfax Man Dies of Injuries After Car-Pedestrian Accident

blog@www.shevlinsmith.com (News Author)29456 — Sun, 22 Jan 2012 08:00:00 EST

A hospital may be facing a serious Virginia medical malpractice lawsuit after a patient it sent home following a car crash later died of internal injuries.
Fairfax County resident Juan Pablo Hernandez Rodriguez was walking to his home on Willow Crescent Drive when he was hit by a Honda Civic on the evening of December 23. The driver of the car was charged with failure to yield the right of way to a pedestrian in a crosswalk, since the Civic turned left on Chain Bridge Road while Rodriguez had the “walk” signal.
Rodriguez, 66, received treatment at Inova Fairfax hospital, where he remained for about seven hours. According to Fairfax Police, Rodriguez later complained of chest and back pain and saw a chiropractor, who referred him back to the hospital.
Rodriguez was reluctant to seek further treatment because he did not have insurance, but returned to the hospital. He received x-rays which showed that he had no broken bones, and he was given pain medication and crutches to take the weight off his sore joints and back before being sent home again.
Four days after the crash, Rodriguez suffered chills and back pain, and noticed blood in his urine. He was taken back to Inova Fairfax by ambulance, where he died the next day.
Virginia’s chief medical examiner later discovered that Rodriguez died due to a liver laceration that he sustained in the crash. Rodriguez is survived by his wife and eight grown children, who told reporters that they do not have enough money to pay for his funeral. Rodriguez’s family is currently pursuing legal action against the doctors that failed to catch the internal injury.
The attorneys at Shevlin Smith wish to extend our deepest condolences to the Rodriguez family.

Truck Accident Proves Fatal in Tyson's Corner at Rush Hour

blog@www.shevlinsmith.com (News Author)29267 — Mon, 16 Jan 2012 08:00:00 EST

Eastbound Route 7 was reduced to one lane Monday afternoon after a fatal car crash in Fairfax County.
According to Fairfax County police, 59-year-old Dale City resident Kil Sun Flom was headed eastbound on Leesburg Pike near Spring Hill Road in an Acura TL. Witnesses say Flom was merging from the right lane to the center lane when she was struck by a petroleum pumper truck with Maryland license plates.
The left-hand side of Flom’s vehicle was smashed in, and her car was wedged between the right-hand curb and the pumper truck. Flom then got out of her vehicle and made her way toward the truck, which was still moving with the flow of traffic. Police say Flom was below the truck driver’s line of sight, and she was struck by the pumper truck.
The truck driver, a 39-year-old man from College Park, MD, gave a statement to police along with two other men from the petroleum company. Flom, the sole occupant of the Acura, died at the scene.
Fairfax County detectives from the Crash Reconstruction Unit worked late into the evening to recreate the accident. The Motor Carrier Safety Unit and Crime Scene detectives also occupied the scene near Spring Hill Road until nearly 9:00 p.m.
No charges have been made against the truck driver, but the accident remains under investigation.

Woman Killed in Single-Car Accident May Have Suffered Aneurysm

blog@www.shevlinsmith.com (News Author)29266 — Tue, 10 Jan 2012 08:00:00 EST

A woman who was supposedly killed when her car crashed into a utility pole in Virginia may have been dead when the accident occurred.
29-year-old Casey Noriega was found dead behind the wheel after her car struck a pole at Beulah Street and Windsor Avenue in Kingstowne. Noriega’s friends, who believe that the former gym teacher’s death may have been medically related, alerted Fairfax County Police to the possibility that Noriega might have suffered an aneurysm, heart attack or pulmonary embolism just before the crash.
Noriega’s crash took place the day she left her job at Gymboree Music and Arts, where she had been an instructor for the past six years. She died Saturday afternoon less than two miles from home, just one week shy of her 30^th birthday.
The state medical examiner’s office will perform an autopsy to determine whether Noriega was the victim of a fatal attack and whether the condition could have caused the accident. All fatal accidents are investigated by the medical examiner to confirm cause of death, whether by pre-existing injury or trauma from the accident.
The Fairfax County Police Department is still investigating the case.
The attorneys at Shevlin Smith send their sincere condolences to the family and friends of Casey Noriega.

Virginia DOT Driver Causes Truck Accident in Bedford County

blog@www.shevlinsmith.com (News Author)29067 — Fri, 30 Dec 2011 08:00:00 EST

Officials report that a Virginia Department of Transportation truck caused a car accident in Virginia on the morning of December 2, 2011.

According to State Police, the driver of the Virginia Department of Transportation dump truck pulled into traffic in front of a small family car on Route 221 near the intersection of Route 671. The car was unable to stop and crashed into the back of the VDOT truck.

The crash occurred around 7:30 a.m. and affected morning traffic between Bedford and Forest until the vehicles could be cleared from the road.

The VDOT truck driver has been charged with failing to yield the right of way.

The driver and passenger of the truck as well as the car driver were taken to the hospital, although no injuries are believed to be life threatening.

The Fairfax auto accident attorneys of Shevlin Smith extend their best wishes for a quick recovery to all those injured in this Virginia truck wreck.

DC Carjacker Sentenced to 8 Years in Prison

blog@www.shevlinsmith.com (News Author)29066 — Thu, 29 Dec 2011 08:00:00 EST

A local man convicted of carjacking and causing a head-on car accident in DC that injured two people will serve eight years in prison, says the U.S. Attorney’s Office.

In a news release, authorities said that Dale Johnson, a 23-year-old Washington, DC resident, entered a guilty plea in September of this year after being arrested on carjacking charges on May 14.

According to the plea agreement statement, Johnson testified that he and another individual took control of a Toyota Camry at gunpoint last spring. When the car was tracked down by police the following day, Johnson tried to avoid arrest by speeding into oncoming traffic, causing a head-on collision with another vehicle.

The police who had pursued Johnson rescued him from the burning Camry just before the stolen car exploded. The driver and underage passenger of the other car were seriously injured as a result of the crash.

The DC auto accident lawyers of Shevlin Smith would like to extend their sympathies to the victims of the carjacking and wish those injured in the subsequent crash a speedy and full recovery.

9 Out of 10 People Believe Medical Malpractice Information Should Be Public

blog@www.shevlinsmith.com (News Author)28647 — Thu, 15 Dec 2011 08:00:00 EST

DC medical malpractice cases may get harder to prove. The recent disclosure of a doctor’s medical malpractice history could make physicians’ work histories unavailable to the public.

In September 2011, the Department of Health and Human Services came under fire after a doctor’s history of malpractice claims was published in a newspaper article. The reporter of the story had come by the information legally, using the doctor’s court records and information on the National Practitioners Data Bank, a public use file available through the HHS. The doctor sent a complaint to the HHS—and in response, the Department revoked public access to the NPDB.

When public access to the database was restored last week, HHS had placed new limitations on the use of the information, including mandatory consent that information from the National Practitioners Data Bank will not be used to identify doctors who have a history of disciplinary actions or malpractice claims.

Lisa McGiffert, director of Consumers Union’s Safe Patient Project, believes these restrictions are trying to undermine the purpose of “public information.”

“When information held by the government is declared ‘public’ there should be no strings attached to the use of that data,” McGiffert said.

Many Americans would seem to agree with McGiffert. A Consumer Reports National Research Center poll found that 88% of respondents support public access to federal information about a doctor’s care history, including any disciplinary action or medical malpractice suits.

“The public should have the same access to this information as hospitals and state licensing boards,” said McGiffert. “It’s time to provide the public full access to this critical information, including the names of doctors who have been disciplined by state licensing boards or sued for failing to provide safe care.”

Local Teen Killed in Virginia Pedestrian Accident

blog@www.shevlinsmith.com (News Author)28361 — Thu, 08 Dec 2011 08:00:00 EST

A former student of W.T. Woodson High School in Fairfax became the victim of a fatal Virginia bus crash earlier this week.

18-year-old Jane Hwang was walking across a street at 10 p.m. when she was struck by a City of Harrisonburg bus. Hwang, a freshman at James Madison University, died at the scene.

According to Virginia State Police, the 56-year-old bus driver will not face charges in the accident. The driver was making a legal left turn at a green light, and simply did not see Hwang because she was dressed in dark clothing.

Police believe that the main cause of the accident was pedestrian inattention, and that Hwang was crossing the road against the illuminated "Do Not Walk" sign. Police are still investigating other factors in the crash.

The attorneys at Shevlin Smith wish to convey our sincere condolences to the family after this tragic accident, and remind all pedestrians to be safe on the roads.

One Man Critically Injured in Northeast DC Motorcycle Crash

blog@www.shevlinsmith.com (News Author)28360 — Tue, 06 Dec 2011 08:00:00 EST

A motorcycle accident in D.C. has left three people injured and one in critical condition, according to D.C. police.

On the afternoon of November 8, two men were riding on a motorcycle on Quarles Street in Northeast Washington. According to Officer Hugh Carew, the motorcycle collided with a vehicle near the Kenilworth Avenue intersection around 3:00 p.m.

Both men and the two occupants of the vehicle were injured in the crash. The car’s driver and passenger, a woman and a girl, were taken to a local hospital for treatment. One of the motorcycle’s riders was transported to a hospital in critical condition; the other received treatment for non-life-threatening injuries.

Police are still investigating the cause of the accident.

Car Drives into Virginia Radio Station to Avoid Pedestrian

blog@www.shevlinsmith.com (News Author)28093 — Fri, 18 Nov 2011 08:00:00 EST

A radio talk show was interrupted when a car crashed into a building in Fairfax on October 27.

Around 7:45 a.m., a car came crashing through 10800 Main Street in Fairfax, causing considerable damage to the call screener's office of The Sports Junkies broadcast.

Eric Bickel, co-host of the talk show on 106.7 The Fan, tweeted about the accident shortly after it happened.

According to Fairfax Police, the car went off the road while trying to avoid hitting a pedestrian.

Although people go in and out of the screener's office several times a day, neither the driver nor the studio's employees were injured in the crash.

Producer Matt Myers at WJFK studios commented that the incident caused quite a shock.

"It's startling at first that you could have been sitting near the window," Myers said.

Fairfax Police Say Fleeing Driver Caused Crash on I-395

blog@www.shevlinsmith.com (News Author)28092 — Thu, 17 Nov 2011 08:00:00 EST

Police are still investigating the cause of car chase that ended in a Fairfax county crash on October 18.

The pursuit began when a Fairfax County police officer attempted to flag down a driver on I-95 North at around 4 a.m. When the driver sped from the scene, the officer gave chase near the Fairfax County Parkway.

Several additional cruisers joined in the chase before they abruptly came to a halt on I-395 near the Edsall Road exit. The civilian's car had crashed into a guardrail and become pinned against its side by one of the pursuing police vehicles.

According to police, both the driver and the officer suffered non-life-threatening injuries.

The accident caused many morning delays for commuters on I-395 North, as the right lane, right shoulder and one exit were blocked until the crash site could be cleared.

Investigations into the cause of the chase are ongoing.

Police Officer Arrested for DUI in Fairfax County

blog@www.shevlinsmith.com (News Author)27704 — Mon, 14 Nov 2011 08:00:00 EST

After 16 years on the force, a Fairfax County police officer has been charged with driving under the influence.

The incident occurred around 3 a.m. on October 24. 41-year-old PFC Sean McGlone called in a car accident in West Springfield on Zion Drive. When officers arrived, they found that McGlone was the driver in the single-vehicle crash-and that he had been drinking.

According to police, McGlone was not on duty when his car crashed into a utility pole near Grovewood Way. He was alone in the vehicle and uninjured, and was placed under arrest.

McGlone was taken to the Fairfax County Adult Detention Center and remains on administrative leave pending the results of an internal investigation.

Two School Bus Accidents on Same Day in DC, One Child Injured

blog@www.shevlinsmith.com (News Author)27636 — Tue, 08 Nov 2011 08:00:00 EST

At least one child was injured as two Virginia school bus accidents took place within an hour of each other.

The first accident was reported around 7:40 Wednesday morning on Lee Highway and Chantilly Road in Fairfax County. The bus was carrying children to school, one of whom sustained injuries. He was taken to a local hospital for observation, but was not in serious condition, according to Fairfax County sources.

At approximately 8:20 a.m., a second accident occurred when a Chrysler sedan rear-ended a school bus on Route 28 at Old Mill Road after New Braddock Road.

The bus was empty of passengers when the southbound-traveling sedan struck it, but the sedan's occupants and the bus driver were treated for minor injuries.

Construction Worker Cited for DC Metrobus Accident

blog@www.shevlinsmith.com (News Author)27635 — Sun, 06 Nov 2011 08:00:00 EST

A bus's cameras show that a construction worker is to blame for causing a Metrobus accident in Northeast DC.

On October 18, the construction worker was operating a backhoe when he collided with the right side of a Metrobus in the 100 block of Capitol Street. The cameras mounted on the outside of the Route 80 to Fort Totten bus caught images of the construction worker driving over a cone before ramming into the bus.

A Metro spokesperson reports that six people were injured in the accident. They received treatment for minor injuries at Howard University Hospital and Medstar, and are all expected to make a full recovery.

Metro spokesperson Dan Stessel has said that the operator of the backhoe will be cited by the Metropolitan Police Department for unsafe operation of construction equipment.

Indecent Exposure Driver Caught in Bethesda Car Accident

blog@www.shevlinsmith.com (News Author)27290 — Thu, 20 Oct 2011 08:00:00 EST

A flasher was apprehended after his actions resulted in a car crash in Bethesda on Saturday afternoon.

According to Montgomery County Police, 28-year-old Edwin L. Morejon was driving in the Glen Echo area of Bethesda on October 1 when he pulled up to a jogger and asked her for directions. As the jogger approached his vehicle near Walhonding Road, she noticed that Morejon was "engaged in a sexual act."

Morejon, a resident of Arlington Drive in Alexandria, fled the scene.

At around 2:30p.m., the jogger ran past an accident scene at MacArthur Boulevard and Oberlin Avenue, about half a mile from the sexual encounter. She recognized Morejon as one of the drivers, and recounted the story to an officer on the scene.

Morejon was arrested and charged with indecent exposure.

Elderly Woman in Hospital after Car Crashes into DC Home

blog@www.shevlinsmith.com (News Author)27289 — Mon, 17 Oct 2011 08:00:00 EST

Police are on the lookout for a driver who injured an elderly woman when he crashed his car into a DC home.

On the morning of October 5, a vehicle with Maryland license plates struck a residence on the 2600 block of 24th St. NE near Douglas St. NE. One of the occupants of the house placed a 911 call reporting a hit-and-run accident.

By the time the authorities arrived, the driver had fled the scene and left his vehicle behind.

D.C. Fire & EMS Spokesman Pete Piringer stated that three people were home when the crash took place. Their injuries were non-life-threatening, but one of the victims, an elderly female, received hospital treatment.

Police suspect that the car may be stolen, and are asking anyone with helpful information to come forward.

Board Pushes for Changes to DC Bicycle Laws

blog@www.shevlinsmith.com (News Author)27028 — Mon, 10 Oct 2011 08:00:00 EST

New road rules could stop the rising number of bicycle accidents in DC.

According to the District's Police Complaints Board, D.C. police officers will often cite a bicyclist after an accident with a car, regardless if the cyclist was at fault or not.

For example, cyclists have been ticketed for "riding abreast" after a collision with a car door-a law that only applies to cyclists riding side-by-side with other bikers. These citations are doubly harmful to bikers: they are forced to pay fines when they have not violated any laws, and the citation may be used against them in court if they seek damages from the motorist.

The Board has recommended a number of improvements to make the roads safer for cyclists, including ticketing drivers who park in bike lanes and that police officers be regularly tested on D.C. bicycle laws.

There may also be changes to the filing of accident reports after a collision with a cyclist. Often, the cyclist will require hospital treatment and not be able to give a statement before the police report is filed. Not only will officers be required to wait before filing the report, but forms may be revised to include more details of the accident should the case go to court.

These measures are in addition to a movement by the D.C. Council that would give cyclists the right to sue motorists for harassment and assault in addition to accident damages.

These new laws would affect thousands of D.C. residents who regularly commute by cycling. Over 25 percent of households rely on the 50 miles of bike lanes on the District's motorways to get to work every day.

Off-Duty DC Police Officer Killed in Truck Accident on I-270

blog@www.shevlinsmith.com (News Author)26986 — Fri, 07 Oct 2011 08:00:00 EST

Washington police were saddened to report the loss one of their own in a fatal truck accident Friday.

10-year department veteran Jelani Prather was in critical condition after his car ran into the back of a tanker truck on the afternoon of September 16. Officer Prather died later that day as a result of his injuries.

According to D.C. Police, Officer Prather was off duty that afternoon as he dove down Interstate 270 in Montgomery County, MD. A tanker truck was stopped on the shoulder near the Falls Road exit, with the driver checking on a problem with his equipment before re-entering traffic.

Investigators believe that Officer Prather did not brake as he approached the stopped vehicle. The truck driver says he put the tanker into drive and honked his horn as he saw Officer Prather's Scion XB coming toward him, but he was unable to stop the collision.

The accident remains under investigation, but no charges have been filed.

Construction Accidents Still Common on Beltway HOT Lanes

blog@www.shevlinsmith.com (News Author)26985 — Wed, 05 Oct 2011 08:00:00 EST

Although the High Occupancy Toll lanes project is nearing completion, a stretch of the Capital Beltway is still a common site of DC car accidents.

According to Virginia State Police, work site crashes have been steadily on the rise since construction began in 2008. There were 308 more accidents on the stretch of road between the I-495/Springfield Interchange and the American Legion Bridge in 2009-and an additional 167 last year.

If this accident rate continues, the number of crashes in the HOT lanes work zone will see a 30 percent increase from pre-construction numbers by the end of 2011.

There are a number of factors contributing to the high collision rate. The construction zone stretching from the Springfield Interchange to the Dulles Toll Road has a number of lane shifts and sudden turns.

Virginia Department of Transportation senior project manager Larry Cloyed believes that inattentive drivers also play a role in the accident rate.

"Some of (those accidents) are attributed to texting and cell phone use."

Cloyed also remarked that, while 75 percent of the HOT lanes project is complete, "it's going to be very busy through the remainder of the year."

The projected completion date for the new HOT lanes is December 2012.

Woman and Child Killed in Head-On Collision in Fauquier County

blog@www.shevlinsmith.com (News Author)26692 — Mon, 26 Sep 2011 08:00:00 EST

Following a head-on collision in Virginia, two passengers were killed and two drivers are in serious condition.

On September 3, 45-year-old Haymarket resident Eric Henry Mathews was driving his Toyota Avalon eastbound on Vint Hill Road. At around 8:30 a.m., a 2005 Toyota pickup truck crossed the center line and struck the Avalon head-on.

The two drivers were airlifted to Inova Fairfax Hospital for treatment. The Avalon's passengers, 46-year-old Lori Ann Mathews and 8-year-old Reign Lewis Spencer died at the scene. Everyone involved in the accident was wearing a seatbelt.

According to Virginia State Police, 54-year-old Sharon Rose of Manassas Park was not under the influence of alcohol or drugs when she caused the accident near Route 652.

The Fauquier County Sheriff's Department and the Prince William County Fire and Rescue assisted the Virginia State Police in their investigation.

Speed and Negligence Cause Increase in Wrong-Site Surgeries

blog@www.shevlinsmith.com (News Author)26527 — Tue, 20 Sep 2011 08:00:00 EST

The main cause behind the rising number of wrong-site surgeries in DC may be as simple as rushing to complete the job, says the Joint Commission on Accreditation of Healthcare Organizations.

Dennis O'Leary, leader of the non-profit Joint Commission, received 84 reports of operations on the wrong person or body part last year. O'Leary believes that this number is drastically underestimated, since there are a number of hospitals that are not required to report these types of mistakes.

"This is just the tip of the iceberg," O'Leary commented. "Some hospitals are reporting everything and some hospitals don't report anything at all."

Of these cases, the biggest reason for the error was a lack of safety protocol.

Surgeons have been instructed on proper marking techniques to ensure the correct body part is prepped for surgery. This has been a compulsory safety procedure since 2004, but many patients are unaware that their surgeon is required to consult with them, including marking the site in their conscious presence.

Another failsafe is the "time out" before a procedure. Nurses are required to stop all action in the room, stand back and conduct a final safety check before the operation begins.

However, many surgeons skip this step, believing the safety procedure unnecessary and a waste of time-particularly if they have a full schedule of surgeries that day. Doctors are paid based on the number of patients they see-making their incentive to process patients quickly, rather than safely.

Surgery Chair Glenn Rothman took note of this misplaced priority, stating that speed as a measure of operating-room performance is "dangerous."

Study Says DC Drivers are the Worst in the Nation

blog@www.shevlinsmith.com (News Author)26196 — Mon, 12 Sep 2011 08:00:00 EST

Drivers in Washington, D.C. have been rated the worst drivers in America...again.

A recent study by Allstate Corporation revealed that DC drivers get in car accidents every 4.8 years, over twice as often as the average driver in the U.S. In comparison, New York City drivers experience accidents every seven years-and they live in the most highly populated city in America.

The 2011 study marks the nation's capital taking last place on driver safety for the fourth year in a row.

D.C. residents seem unsurprised by the ranking. Ernest Thomas, owner of Thomas Service Center, commented that drivers in his area "... just cut and dodge, and they're in the biggest hurry you've ever seen. The speed limit doesn't mean anything to them."

There may be a link between DC accident rates and driver education. A study by GMAC Insurance earlier this year found that drivers in Washington knew the least about traffic laws than in any other city, scoring an average of 70% on state licensing exams.

Earthquake Proves DC Unprepared for Evacuation

blog@www.shevlinsmith.com (News Author)25951 — Wed, 07 Sep 2011 08:00:00 EST

Last week's quake proved that DC may not be as ready for a mass-evacuation event as residents might expect.

After the magnitude 5.8 earthquake rattled the East Coast, panic in the city led to chaos on DC roads. Many businesses closed and sent employees home. The employees rushed into the streets, but soon found there that was nowhere to go-and no way to get there.

Cars lined the streets bumper-to-bumper, stretching for miles as traffic sat unmoving. Those who relied on public transport were met with overloaded buses and crammed trains-neither of which could keep on schedule.

As the location of the federal government's most important buildings and agencies, Washington is likely to be a major target in any terrorist attack. While the first family, senators and representatives have federally-licensed security services, many of those working in the city have to fend for themselves in a crisis.

Many employees chose to wait out the traffic, sitting in cafes until the traffic began to move. Others found that the most reliable forms of transport are the oldest, choosing to bike or walk their way home.

The congestion led to questions from city officials as to whether the DC would be able to manage a full-scale evacuation. As recently as 2006, federal investigators reported that the city's emergency response plans were "insufficient" for a mass evacuation.

David Robertson, executive director of the Metropolitan Washington Council of Governments, stated that all events necessary to trigger a full-scale evacuation of the city were extremely unlikely. But when tragedy strikes, the population's first response is to flee-causing unavoidable street traffic.

DC Mayor Vincent Gray realized the problem with trying to convince people to stay in one place in the event of an emergency.

"Human beings have a propensity to take flight rather than just to stay where they are, which is a prudent decision in a lot of situations."

Construction Crane Collapses on Highway During Rush Hour

blog@www.shevlinsmith.com (News Author)25950 — Tue, 06 Sep 2011 08:00:00 EST

Tragedy was narrowly avoided Monday when a construction crane buckled and collapsed into rush-hour traffic.

According to Fairfax County police, the crane fell across the westbound lanes of Route 7 in Tyson's Corner just after 4:30 p.m., near the intersection with Interstate 495.

Although tons of heavy equipment fell directly onto the busy highway, there were no reported injuries.

The crane was being used to install new, high-occupancy toll lanes on the Capital Beltway. The project's contractor, Fluor-Lane, is investigating the cause of this Fairfax construction accident.

Spokeswoman Jaime Breme of the Virginia Department of Transportation's "megaprojects" sector said the accident will not affect projected completion dates for the HOT lanes.

"There really won't be an impact to the schedule of the project, because it didn't damage any other structures," Breme said. "They'll move that crane out and bring a new one in."

The cause of the accident has yet to be determined.

As construction crews cleaned up debris from the crash, drivers were re-rerouted to the Beltway and along Route 123 before being set back on Route 7 eastbound.

Shevlin Smith Announces The Hiring of New Attorney

blog@www.shevlinsmith.com (News Author)26174 — Mon, 05 Sep 2011 08:00:00 EST

Shevlin Smith has recently hired Lisa Barnett to work in our Fairfax, Virginia office. Lisa joins our firm having recently worked for a local defense firm. As a defense attorney, Lisa had extensive experience representing health care providers and insurance companies in claims of medical malpractice. She was even opposing counsel in a number of cases handled by Shevlin Smith. Lisa also has significant experience representing insurance companies in the defense of personal injury claims involving motor vehicle collisions. We are excited that Lisa will now join us representing plaintiffs who are the victims of negligence. She joins two other members of our firm who also have previously served as defense attorneys before changing sides to represent plaintiffs. This background gives Shevlin Smith a unique perspective and advantage in representing its clients.

Motorcyclist Killed, Baby Born in DC Traffic Jam

blog@www.shevlinsmith.com (News Author)25760 — Wed, 24 Aug 2011 08:00:00 EST

A deadly motorcycle crash in DC turned a silver Chevrolet van into a delivery room.

On the morning of August 2, Jerome Chappelle was driving his daughter to Washington Hospital Center to deliver her second child. A motorcycle accident earlier that morning had packed the street full of morning commuters-and 24-year-old Jeromeka's contractions were getting stronger.

Jerome called 911, his daughter screaming in pain in the background. The dispatcher advised him to pull over and gave assistance over the phone. In a few moments, the baby was born.

"The last push she just came out...I was scared to touch her, I didn't know what to do," Jeromeka recalled.

By the time emergency crews arrived at the car at the intersection of Florida and New York Avenues Northeast, the mother and child were a little shaken, but in good health.

It was the second time paramedics had responded to Florida Avenue that morning. An hour earlier, they were called to an accident that had caused the traffic jam: a motorcyclist was killed when he struck the back of a tractor-trailer.

Two Semis Collide, One Truck Driver Killed in I-95 Accident

blog@www.shevlinsmith.com (News Author)25759 — Mon, 22 Aug 2011 08:00:00 EST

All lanes on northbound Interstate 95 were shut down after a two-semi accident in Virginia resulted in the death of a truck driver.

Around 2:00 a.m. on August 8, a produce truck was traveling down I-95 when it collided with a Virginia Department of Transportation vehicle near Lorton Road. As the trucker hit the VDOT's "cushion" truck, the fuel tank ruptured, causing his tractor-trailer to catch fire.

At least one of the construction crewmembers leapt over the Jersey Wall, barely avoiding injury in the crash. The produce truck driver, unable to escape the flames, died at the scene. Virginia State Police, who have not yet identified the driver, transported his body to the Office of the Medical Examiner in Manassas.

All traffic lanes on I-95 were completely restored by 8:25 a.m.

Drunk Driving Claims 2 Lives in Accomack

blog@www.shevlinsmith.com (News Author)25531 — Tue, 16 Aug 2011 08:00:00 EST

Late Monday night, a Virginia car accident on Route 178 left the driver and one passenger dead.

53-year-old Cecilio Purneda Alaniz was driving near Route 609 in Pungoteague when her vehicle suddenly veered off the right side of the road. The 1996 Buick Century overturned when it hit a tree stump, pinning both Alaniz and her passenger inside around 10p.m.

Craddockville residents Alaniz and 72-year-old Shirley Mae Tate died before they could receive treatment.

Virginia State Police say that both women were wearing seatbelts at the time of the crash. While the investigation remains open, troopers believe that alcohol use was involved.

Fatigue, Lack of Seatbelt Proves Fatal for Virginia Man

blog@www.shevlinsmith.com (News Author)25333 — Thu, 11 Aug 2011 08:00:00 EST

A one-vehicle crash in Prince George has left one man dead, but left his 95-year-old mother alive.

New York resident Iannuzzi J. Enrico was driving down I-95 around 6 a.m. when his 2001 Jeep Cherokee suddenly veered off the road and into a guardrail.

68-year-old Enrico turned the wheel back to the road, but overcorrected, ending up running off the other side of the highway. According to Virginia State Police, the vehicle rolled several times, throwing both Enrico and his mother Margherite from the vehicle. Neither occupant was wearing a seat belt.

Enrico was pronounced dead from his injuries at the scene. Margherite Enrico was flown to Virginia Commonwealth University Medical Center in Richmond, where she received treatment for non-life-threatening injuries.

Police believe that fatigue may have played a part in the crash. The accident remains under investigation by both Virginia State Police and the Prince George County Police Department.

Police Car Crashes into Congresswoman in DC

blog@www.shevlinsmith.com (News Author)25332 — Mon, 08 Aug 2011 08:00:00 EST

Eleanor Holmes Norton was driving home from a shopping trip around 10 a.m. on Sunday morning when her car was struck by a police cruiser.

Norton, a 74-year-old delegate in the U.S. House of Representatives, was uninjured in the accident.

After the driver of the Metropolitan Police Department cruiser struck the front driver's side of the vehicle, he apologized to the congresswoman and gave her a ride home with her bags after her car had to be towed.

Norton, DC's non-voting delegate in Congress for over two decades, kept calm and assured concerned passers-by that she had not been hurt in the crash.

"My constituents came up to see if I was OK," Norton recalled. "I assured them everything was OK."

Metro Police declined to provide details about the cruiser, including the name of the driver, how fast the car was going or whether it had its sirens on prior to the crash.

Misdiagnosed HIV Case Could Cost DC Hospital Millions

blog@www.shevlinsmith.com (News Author)24718 — Wed, 27 Jul 2011 08:00:00 EST

After Terry Hedgepeth tested HIV positive at Whitman Walker Health five years ago, he was devastated by the news. He took drugs, engaged in sexual behavior with HIV-positive women, and eventually checked into a mental health facility to deal with the emotional pain of his positive status.

But Terry Hedgepeth didn't have HIV-his condition had been misdiagnosed.

Hedgepeth discovered the error after being tested at another clinic. Upon learning his true diagnosis, he filed a lawsuit in D.C. Superior Court against the clinic and the doctor responsible for the test-but he was told he could not sue because the clinic had not put him in a "zone of danger."

According to a 1990 decision, patients in DC can only hold caregivers responsible for malpractice if they have placed the victims in a "zone of danger"-in Hedgepeth's case, this would mean administering HIV medication, or another action that would have caused direct harm.

But the D.C. Court of Appeals disagrees. Last week, the appeals court decided that the 1990 ruling is not sufficient to dismiss Hedgepeth's case, because the misdiagnosis had caused him both emotional and physical trauma.

According to the court opinion, "Because care for the body and the emotions are so interlinked, [patients] are susceptible to suffer emotionally as well as physically as a result of their physicians' negligence."

Hedgepeth is seeking $20 million in damages for the clinic's negligence. The court date has yet been set.

New Sponges May Reduce the Number of Retained Objects from Surgery

blog@www.shevlinsmith.com (News Author)24717 — Mon, 25 Jul 2011 08:00:00 EST

Innovative use of wireless technology may reduce the amount of retained sponges during surgery in DC.

Sponges are the most common foreign objects left inside patients. In emergency situations, doctors and nurses may lose count of the sponges if they are needed quickly-and once they have been used to staunch blood flow, they are often confused with the tissues of the body.

ClearCount Medical Solutions believes that its SmartSponge System-which comes with radio frequency-enabled sponges, a wireless detection device and a collection bucket which keeps accurate count of the sponges placed inside it-will enable surgical teams to keep an accurate count of sponges during procedures.

The key to the system is in the sponges themselves, which are encoded with serial numbers that can be read wirelessly using the SmartWand detector. Using radio waves, the SmartWand can detect sponges both outside and deep inside of a human body, ensuring all sponges are removed before a wound is closed.

Several failsafe procedures are recommended when using the SmartSponges: The package is first scanned with the ID reader, and the sponges are then read and listed by serial number. As the discard sponges are placed in the SmartBucket, the container reads the sponge count again.

Even if the numbers match, surgeons can still use the SmartWand to scan the patient as a final precaution before they leave the operating room.

Diagnostic Errors Are the Biggest Cause of Outpatient Malpractice in Virginia

blog@www.shevlinsmith.com (News Author)24532 — Mon, 18 Jul 2011 08:00:00 EST

According to new research, a yearly physical is just as likely to result in medical malpractice in Virginia as a hospital stay.

A recent study in a June issue of the Journal of the American Medical Association found that roughly half of malpractice claims in 2009 were a result of errors in outpatient facilities-and the number of reported outpatient malpractice cases in the past five years was increasing.

The results are worrying for many reasons. One is the risk factor to a greater population: while there are 34 million patients seen per year in hospital settings, over 950 million patients will be seen in outpatient facilities.

Another is the trend seen among the outpatient injuries: the most common reason malpractice suits were filed was diagnostic error, or a failure to diagnose a patient correctly. Surgical problems, such as retained instruments or infection, were the leading cause of hospital-related malpractice claims.

The study suggests a number of reasons clinic environments see so many claims. They are often understaffed, or do not have as many experienced specialists on hand as hospitals do. With smaller budgets, they often lack the resources for proper safety training or quality control. Also, patients often see many different health care providers, meaning any one clinic may not have a complete picture of the patient's health record.

But the main diagnostic problem may be an assumption that a patient in an outpatient clinic is well, as opposed to an inpatient who is assumed to be sick.

Partners HealthCare chief quality and safety officer Tejal Gandhi affirmed that differentiating serious diagnoses from common symptoms, such as a heart attack from heartburn, is a challenge. "It's like finding a needle in a haystack," Gandhi says.

Lead author Tara Bishop, an internist at the Department of Public Health, commented that in the cases of malpractice in the outpatient setting "the outcomes weren't trivial," most often resulting in permanent injury or death of the patient.

Five Injured, One Killed after High-Speed Chase in Virginia

blog@www.shevlinsmith.com (News Author)24389 — Mon, 11 Jul 2011 08:00:00 EST

A two-state car chase ended in one death and multiple injuries following a Virginia car accident.

On June 15, 40-year-old Michael D. Brown was speeding down Route 9 just outside Hillsboro at three o'clock in the morning. When a deputy attempted to pull him over, Brown sped off even faster, heading for the West Virginia border.

The Loudoun County sheriff's deputy followed the vehicle into Jefferson County, warning West Virginia authorities of Brown's arrival. Brown caused an accident over the state line only minutes later.

According to authorities, the Toyota SUV had swerved into the oncoming lane at the bottom of a slope, sideswiping one car and hitting another head-on. The sideswiped Pontiac Vibe contained three people, all from Fairfax County, and the occupants of the GMC van hit directly were from Manassas.

Six people were injured in the accident, all of whom received treatment at nearby hospitals. There was one fatality whose name has not yet been released.

Loudoun sheriff's office spokesman Kraig Troxell reported that the Toyota 4Runner Brown was driving was reported stolen in May. Brown was arrested and charged with possession of a stolen vehicle, as well as speeding to elude and driving on a suspended license.

Court records held additional charges against Brown, who had been arrested previously on counts of burglary, destruction of property, and grand larceny in Washington. Brown was also violating parole at the time of the crash, and had current grand larceny charges pending against him in Arlington County.

Driver Receives Light Sentence in Fatal DC Hit-and-Run Case

blog@www.shevlinsmith.com (News Author)24388 — Sat, 09 Jul 2011 08:00:00 EST

A drunk driver faces possible deportation-but a shortened prison sentence-after a jury found her guilty of driving under the influence in DC.

31-year-old Jorida Davidson was found guilty of negligent homicide in the death of Howard County resident Kiela M. Ryan, who was killed last year. 24-year-old Ryan was getting out of a friend's car near Dupont Circle in the early morning hours of October 4 when she was struck by Davidson's Lexus SUV. Davidson did not stop at the scene, instead returning home, where authorities found her sitting behind the wheel with the keys in her hand.

According to the prosecutors in the case, Davidson declined a breath test, but failed two sobriety tests following the accident.

Despite her attorney's claims that she was not intoxicated, but rather suffering from post-traumatic stress disorder, the A D.C. Superior Court found Davidson guilty of driving under the influence.

If the jury had found her guilty of voluntary manslaughter, Davidson could have faced up to 30 years in prison. In comparison, the mitigated charge of negligent homicide carries a three- to five-year sentence.

Kiela's father, John "Rocky" Ryan had mixed feelings at the outcome of the case. While he was happy Davidson would be going to jail, he does not think the term will be nearly long enough.

"This wasn't an accident," Ryan remarked. "This was preventable and completely avoidable."

Davidson, a resident of Chevy Chase, will receive sentencing on September 9. After serving time, Davidson has been informed she may be deported back to her native country of Albania.

Several Factors Contribute to Motorcyclist's Injury in Virginia Truck Crash

blog@www.shevlinsmith.com (News Author)23927 — Mon, 27 Jun 2011 08:00:00 EST

An intersection, a left turn and a pickup truck were all key factors in a motorcycle accident in Augusta County.

Churchville resident Richard Yeago was traveling down U.S. 250 toward Staunton on a motorcycle at about 5:30pm on May 20. At the Old Churchville Road intersection, a red pickup truck pulled in front of Yeago's 2002 Harley-Davidson to make a left-hand turn.

According to Virginia State Police Trooper G.D. McCoy, Yeago swerved away from the 4-door pickup, which caused him to lose control of the bike. He jumped over a culvert and was thrown from his motorcycle.

McCoy reported that 58-year-old Yeago lost consciousness several times before being airlifted to the University of Virginia Medical Center. The extent of Yeago's injuries is not known.

The trooper's report revealed that although Yeager was wearing a helmet, it did not meet federal safety standards.

New Legislation Could Increase Weight Limit on Trucks in DC

blog@www.shevlinsmith.com (News Author)23926 — Sun, 26 Jun 2011 08:00:00 EST

Legislation making its way through DC could have a huge impact on trucking accidents in Virginia.

One part of the Safe and Efficient Transportation Act would change maximum weight limits on commercial trucks in the United States-but the number is going up, not down.

Under the new bill, weight regulations on semis would be raised from 80,000 to 97,000 pounds.

Skeptics argue that increased loads on tractor-trailers may increase profits for companies, but the heavier rigs will cause much more damage in an accident. Raising a semi's weight, they say, would increase other dangers-including tire blowouts, decreased stopping distance and unnecessarily risking truckers' safety.

The American Trucking Associations disagree. By raising each truck's weight limit, fewer trucks would be needed to carry the same amount of cargo, resulting in fewer semis on the road. The move would also affect profits and productivity, and may help trucking companies bounce back from a flailing economy.

Although the federal law would disallow trucks over 97,000 lbs. from traveling on interstate highways, semis must also comply with state regulations, which vary depending on size and type of cargo.

Trooper Jim Hager opposes the weight increase, stating that "anytime a tractor trailer is involved in a crash, especially a loaded tractor trailer, generally the results are catastrophic."

US Navy Sailor Killed in Virginia Beach Motorcycle Accident

blog@www.shevlinsmith.com (News Author)23719 — Sat, 18 Jun 2011 08:00:00 EST

A motorcycle accident in Virginia Beach has claimed the life of a United States sailor.

According to Beach police, the accident took place in the 1400 block of Salem road on May 27. 40-year-old Elliott Warren Graham III was traveling westbound on his 2001 Suzuki GXR-750 motorcycle when he vaulted off the road and into a utility pole.

Medics responded to the accident scene. Graham, a member of the United States Navy stationed at a nearby port, was taken to a hospital for treatment but died late Friday evening.

Police believe Graham struck the curb, causing his motorcycle to flip before he struck the pole. There were no other vehicles involved in the crash.

Police are speculating that Graham may have been speeding at the time of the accident, and evidence at the scene suggests that rider inexperience could have played a part in the tragedy.

The accident remains under investigation.

Speeding, Construction Cost Lives in Route 58 Accidents

blog@www.shevlinsmith.com (News Author)23598 — Wed, 08 Jun 2011 08:00:00 EST

Accidents have claimed many lives on Route 58 over the years. A particularly hazardous spot lies in Courtland, extending from Business 58 to Story's Station Road. With its dangerous curve and short turn lanes, Virginia car accidents on this section of the highway may seem inevitable.

Local news manager Tony Clark proposes that safety on the one-mile stretch of road could be drastically improved with two small changes: a reduction in speed, and the completion of a major construction project.

Virginia Department of Transportation statistics show that the number of cars on this piece of road has increased significantly in the past 30 years. Currently, as many as 20,000 cars and trucks travel this stretch every day, as opposed to 7,050 in 1975. The increase in traffic with little road modification may be the cause of the high accident rate.

Clark believes that reducing the speed limit on Route 58 from 55 mph to 45 mph would prevent countless accidents every year, especially since the rise in development has caused many other portions of the roadway to reduce posted speeds.

In order to improve fatalities at crossings, Clark proposes the immediate resolution of the Route 58 interchange project. The interchange, located at Southampton Parkway, would reduce the number of side-impact and rear-end collisions by the removal of at least one busy intersection. Unfortunately, the project has slowed since its proposal due to lack of funding.

Clark attests that the flyover interchange "remains Southampton County's highest-priority transportation project."

Clark urges local legislators to improve safety on this section of the highway, and for the Virginia Department of Transportation to consider a reduction in the speed limit in Courtland.

Safety Forum Aims to Reduce Trucker Fatigue Accidents in DC

blog@www.shevlinsmith.com (News Author)23597 — Tue, 07 Jun 2011 08:00:00 EST

A two-day forum on big rig safety may help to reduce trucking accidents in DC.

Statistics show that 3,200 people died as a result of accidents with semi trucks in 2009. In an effort to reduce fatalities, the National Transportation Safety Board may revise rules for truck drivers-particularly those involving hours of service.

Trucker fatigue is a leading cause of semi accidents across the country. By reducing the number of hours a driver can legally spend on the road, the new NTSB regulations could prevent thousands of deaths per year.

Under current rules, truckers may only drive 11 hours per day. The new regulations would put the cap at 10 hours per day, and may affect the weekly driving limit of 70 hours per every 8 days.

Some are skeptical that the new law would be effective in saving lives. Trucker Marvin Wagner commented that a driver's time off the road may not be the issue, because laws won't control what drivers do on their breaks: "Truck drivers go to truck stops and goof around and not sleep enough."

Critics of the plan have said that a reduction in service hours could cause more problems than it solves, such as increased speeding or overloading trailers to make up for lost time on the road.

Fellow truck driver Terry Alexander thinks the trucking accident problem is less about road time than other factors. "It can be scary when cars won't let you over with an over sized load," Alexander remarked, "[but] the real problem is that truck drivers' pay has not gone up much in the past 20 years."

The safety board may introduce more changes, but will meet with experts, drivers and other officials before any decisions are made.

Two Pedestrian Accidents, One Fatal, in DC Nighttime Driving

blog@www.shevlinsmith.com (News Author)23095 — Wed, 25 May 2011 08:00:00 EST

Two D.C. pedestrian accidents resulted in critical damage early Sunday morning.

Around 5 a.m. on May 8, a Chevy Blazer was traveling in the right-hand lane of I-295. The southbound vehicle was passing the East Capitol Street exit when it struck a pedestrian who was walking down the middle of the highway.

The pedestrian was identified by Metropolitan Police as 25-year-old D.C. resident Brian Lee. Lee was pronounced dead at the scene and was taken to the Office of the Chief Medical Examiner for the District of Columbia.

A spokeswoman for the Metropolitan Police reported that the driver of the Blazer remained on the accident site throughout the investigation.

Traffic was slowed on the Capital Beltway as southbound lanes of I-295 near RFK Stadium were shut down for investigation.

The accident was the second pedestrian collision of the day. According to Maryland State Police, a pedestrian was struck in District Heights near the Capital Beltway and Pennsylvania Avenue around 3 a.m. Sunday morning. The victim, whose name has not been released, was in critical condition and taken to a shock trauma unit for treatment.

Both accidents remain under investigation.

Police Search for Reckless Driver Involved in Virginia Teen's Death

blog@www.shevlinsmith.com (News Author)23094 — Mon, 23 May 2011 08:00:00 EST

A reckless driver who may have caused the death of a high school sophomore is still at large.

On the morning of May 9, Larry D. Sprouse of Craigsville was driving his children to work down Little Calf Pasture Highway. Sprouse was traveling northbound when another car crossed the yellow line into his lane, on a path that would have caused a head-on collision with Sprouse's 2006 Ford GT Mustang.

Sprouse swerved right to avoid the accident, but could not regain control of his car, which careened down an embankment and stopped as it hit a tree.

15-year-old Carl D. Sprouse was killed in the collision, just 2 miles from Buffalo Gap High School.

49-year-old Larry Sprouse and his daughter Shasta Sprouse, 18, were both injured in the crash and taken to University of Virginia Medical Center in Charlottesville for treatment.

Virginia State Police are on the lookout for the vehicle that forced Sprouse off the road. Officers stopped traffic along the accident route on Tuesday morning and distributed flyers to drivers in the area, describing the suspect vehicle as an older-model white car.

Sgt. Frank Pyanoe of the Virginia State Police is keeping watch on Little Calf Pasture Highway in the morning hours, as the suspect "could possibly use that route on a routine basis during that time."

Cyclists in DC: Forget the Shoulder, Ride Among Traffic

blog@www.shevlinsmith.com (News Author)22963 — Mon, 16 May 2011 08:00:00 EST

As the weather heats up, more bikers are taking a turn toward safety to avoid bicycle accidents in DC by getting closer to cars.

It may seem counterintuitive, but riding in the road may be safer than riding on the shoulder. Biking on the side of the road poses many risks, such as cyclists swerving into traffic to avoid obstructions. Bikers are often not seen by motorists because they are not in the traffic lane, and they have been injured or killed by parked cars opening doors.

River Road in Montgomery County poses a particular problem. This is a common avenue for cyclists and drivers alike-and equally dangerous for both. The road is curvy and winding, and the lack of a shoulder forces bikers to either hug the guardrail or ride perilously close to cars moving at 50 miles an hour.

According to the National Highway Traffic Safety Administration, bicycle accidents caused 11 Maryland deaths in 2009. Many of these resulted in collisions with cars, but the fault may actually lie with the road layout itself, which is designed for cars first, and other vehicles as an afterthought.

Maryland and DC laws state that bicyclists may use the full lane of traffic as long as they can match the speed of the cars on the road. Residents are not only hoping for more bike lanes, but for city planners to consider other vehicles when designing the roadways.

Charlottesville Going the Distance for Virginia Bike Safety

blog@www.shevlinsmith.com (News Author)22786 — Thu, 12 May 2011 08:00:00 EST

Charlottesville is blazing a trail to improve safety conditions for Virginia bicyclists this summer.

The program will include "sharrows" - road markings featuring a bicycle and V-shaped stripes - which alert drivers that cyclists are expected to share the lane. The road decals will run the entire length of Water Street, spaced so that parked cars can avoid hitting cyclists when they exit their vehicles-a common cause of bicycle accidents in Virginia.

City traffic engineer Jeanie Alexander testified to the cost-effectiveness of the decals, which cost about $5,000.

"We can't just go widening our streets to add bike lanes everywhere," Alexander commented. "We have to work within the constraints we have."

The goal of the markings is to improve biking conditions along University Avenue, Ivy Road, West Main Street and East Market Street. If the response is positive, markings may be added in lieu of bike lanes to additional streets with a speed limit under 35mph.

The bike safety initiative will also include improved traffic signals that detect bikers as well as cars. The new system relies on motion detection rather than a car's metallic body, and will require video equipment installation as well as stop lines for bikers at affected intersections.

Signs promoting a bicyclist's right to the road and additional bike lanes are also included in the project.

Motorcycle Rider Helmet Alerts Help Save Lives in Virginia

blog@www.shevlinsmith.com (News Author)22662 — Fri, 06 May 2011 08:00:00 EST

A program that started in the UK may help save a rider's life after a Virginia motorcycle accident.

The Rider Alert Card is a fairly simple idea: it's a card that the rider fills out with his medical conditions, personal information, and emergency contact numbers. The card, which takes mere minutes to complete, is then placed inside the rider's helmet. If the rider is in a crash, emergency crews will be alerted to the card by a sticker affixed to the outside of the helmet.

The program is based on the UK CRASH card, which was put into place only two years ago and has since become a national program.

Richmond is pioneering the Rider Alert Card in the US, but Rob Lawrence of the Richmond Ambulance Authority (RAA) is optimistic that Americans will have a similar reaction, calling the program "so simple that it's brilliant."

The helmet cards are an ingenious way of solving a problem particular to motorcycle accidents: medical information is often hard to get from riders since they are likely to be unconscious after a crash.

As chief operating officer of the RAA, Lawrence has been talking to other state officials about extending the program. He has reached out to Delaware, Texas and Hawaii, with talks in Maryland and Washington DC to follow in the coming weeks.

In addition to the Richmond Ambulance Authority, Rider Alert program has partnered with Motorcycle Virginia Inc. and the Bon Secours Virginia Health System. Motorcyclists interested in getting a Rider Alert Card can visit www.rideralert.org for details.

Young Man Killed by Taxi in Fairfax Hit-and-Run

blog@www.shevlinsmith.com (News Author)22429 — Tue, 26 Apr 2011 08:00:00 EST

Virginia State Police are looking for two taxicab passengers who could shed light on a Fairfax County hit-and-run.

Early on the morning of April 3, a BMW was driving west on Interstate 66. The vehicle pulled over and Daniel S. Park of Herndon, VA stumbled to the center of the roadway in order to vomit.

Virginia State Police spokeswoman Corinne Geller reported that, while Park was distracted, "he was struck by a taxicab that then fled the scene."

23-year-old Park was killed by the impact. According to investigators at the scene, the taxi did not attempt to stop.

Evidence in the case has been taken from the scene: the Ford Crown Victoria cab was originally dark maroon but has been repainted white, and has sustained damage to the front right passenger side. Police are looking for a cab matching this description with its rooftop taxi light missing.

Authorities believe they have apprehended the driver of the taxi, but are looking for confirmation from two witnesses-the customers in the back of the taxi.

The cab's passengers would have been picked up in the early hours of Sunday morning at the Lucky Bar in Northwest DC and left the cab at the Vienna Metro station.

Officials have emphasized that the passengers are not under investigation, and are not suspects in the case. They would only like to question the passengers as witnesses to a crime.

Children Injured as DC School Bus Catches Fire

blog@www.shevlinsmith.com (News Author)22428 — Fri, 22 Apr 2011 08:00:00 EST

Two children were sent to the hospital after a DC school bus caught fire on April 14.

A school bus from Kipp D.C.: WILL Academy was carrying about 30 8th graders when flames erupted from the engine on the northbound Baltimore-Washington Parkway at 10:30 AM.

The driver saw flames climbing from the engine and stopped the bus near the Powder Mill Road exit in Beltsville. The students, who were on a field trip at the time of the incident, were quickly evacuated by the on-board chaperones.

According to Prince George's fire officials, a few students suffered minor smoke inhalation but there were no serious injuries.

Prince George's County fire department spokesman Mark Brady commended the chaperones for their actions. "Adult supervisors were key in getting the students evacuated quickly," he remarked.

The school sent a replacement bus to rescue the parents and students, who watched as firefighters struggled to put out the fire engulfing their former vehicle. Local television crews on the BW Parkway caught the blaze on film, showing the bus completely incinerated before the fire could be contained.

Jessica Cunningham, chief academic officer for KIPP D.C., assured reporters that parents had been alerted to the event and status of their children, and that parents could get additional information by calling the school.

The cause of the fire has yet to be determined.

Two Pedestrians Hit in DC Road Rage Case

blog@www.shevlinsmith.com (News Author)22222 — Tue, 19 Apr 2011 08:00:00 EST

A woman is under investigation for an apparent case of road rage after striking two pedestrians in DC.

Tom Bagnall, a television photographer for Voice of America, was unloading his equipment for an event at the National Press Club early on March 23 when a car came barreling toward him.

He described the driver as "this woman, blowing her horn and screaming at me through the windshield."

According to witnesses, the woman purposely accelerated and ran directly into Bagnall, hitting him in the knee. As he screamed and hit the ground, his colleague William Greenback, who had been sitting in the driver's seat of their SUV, exited the vehicle to assist Bagnall and assess the damage. The woman backed up, accelerated again, and came after Greenback. As she collided with him, Greenback fell onto the roof of her car and clung on, unable to escape, as she fled the scene at 14th and F Streets Northwest.

Luckily, the woman stopped the car around the corner from the accident site, allowing Greenback to get off the hood.

Tom Bagnall was being put into an ambulance when he noted something strange about the emergency response team. An MPD officer was there, but so were four uniformed FBI officers.

It turned out that the female driver, Joy Mullinax of Woodbridge VA, was an FBI employee. Bagnall heard one of the FBI officers state that Mullinax works with them, and had called the officers after she drove away from the scene.

According to records, the MPD officer cited Mullinax for changing lanes without signaling-but not hitting two pedestrians, colliding with another vehicle, or fleeing the scene.

A lawsuit has already been filed for both men involved in the accident, and Bagnall is awaiting MRI results on his knee to assess the extent of the damage.

The FBI, MPD, and Joy Mullinax were contacted for comment, but all declined to reply.

Truck Driver Under Investigation After Killing Bicyclist in DC

blog@www.shevlinsmith.com (News Author)22006 — Thu, 07 Apr 2011 08:00:00 EST

A Virginia truck driver may face charges after a fatal collision with a bicyclist.

22-year-old Alice Swanson was riding her bike to work when she was struck by a garbage truck at 20th Street. According to Metropolitan Police Department spokesman Officer Joshua Aldiva, Swanson was riding down R Street NW when the truck turned right and collided with the bicycle. Swanson, who had moved from the Boston area to start a political career, was pronounced dead at a Washington hospital later that day.

The truck driver, 46-year-old Marco Rosendo Flores Fuentes, apparently did not see Swanson as he was making his turn. Hugo Garcia, owner of the trucking company KMG Hauling Inc., which employed Fuentes, reported to the Washington Post that there would be an internal investigation into the accident.

Swanson, an Amherst College graduate, was working for the International Research and Exchanges Board. Following an internship at DC's The Middle East Institute, Swanson was eager to begin her position at the IREB; working for a nonprofit focused on international education was only natural for a student who had studied abroad in Nicaragua and India, had a concentration in international affairs, and was fluent in two languages.

Fuentes, of Falls Church, VA, has not yet been charged in the accident, but an investigation by the Metropolitan Police Major Crash Investigation Unit is still underway.

Fastran Driver May Face Charges for Causing Fairfax Pileup Accident

blog@www.shevlinsmith.com (News Author)21909 — Wed, 06 Apr 2011 08:00:00 EST

At 4pm on Monday afternoon, a Fastran bus was headed north on Route 1 by the Fairfax County Parkway. Although the traffic signal had changed, the bus continued on course, crashing into a 1995 Toyota Celica. The DC bus accident caused a chain reaction with the stopped vehicles ahead: the Celica hit a 2004 pickup truck, which hit a 2001 Caravan, which hit a 2004 Chrysler sedan.

In the string of accidents, William S. Pitts, 48, was killed. Pitts, a resident of Fort Belvoir, was driving the Toyota Celica that received the first impact of the bus. He was pronounced dead at the scene.

Eight other passengers in the damaged vehicles received treatment at three local hospitals, but all were released shortly afterward and were reported to have only minor injuries.

Authorities believe that the driver of the bus, whose name has not been released, will very likely face charges in the wake of the accident. Senior Vice President of Public Affairs for MV Transportation Nikki Frenney reported that the driver has worked five years for MVT, the company that supplies bus drivers for Fastran in Fairfax County. The driver has never been in an accident before, and has been removed from duty while the crash is under investigation.

"We take every precaution when it comes to our drivers," Frenney reported. "Any time we have an incident... we remove the driver from service and instigate our own internal investigation."

While the investigation is ongoing, police have no reason to believe that alcohol was involved.

Army Sergeant Killed in Car by Falling Boulder

blog@www.shevlinsmith.com (News Author)21739 — Thu, 24 Mar 2011 08:00:00 EST

An Army sergeant from Colorado was killed last Saturday when a boulder fell onto his car.

According to Virginia State Police, the sergeant was driving along I-77 along Fancy Gap Mountain around 8:00 p.m. when a boulder fell onto the northbound lane. The driver, whose name has not yet been released, died on impact as the car-sized boulder rolled onto his roof and crushed the vehicle.

The 14-mile section of I-77 on Fancy Gap is a common roadway for Carroll County car accidents. According to the Virginia Department of Transportation, up to 100 crashes per year take place along this highway. Two people were killed last November when fog caused a pile-up of cars and tractor trailers along the mountain, and a truck driver was injured last week due to high winds overturning semis.

Officers on the scene responded to two separate calls: one reporting that a boulder had fallen on the roadway and the second identifying a car beneath it.

Virginia State Police Sgt. Steve Lowe likened the force of the accident “in line with driving into a stone cliff, into a solid rock face… It was a very violent collision, with a lot of impact damage to the vehicle as well."

Authorities indicated that the boulder must have come down too quickly to avoid, since the roadway showed
no signs that the Army sergeant tried to swerve or brake.

The Virginia Department of Transportation stated that the most accidents along Fancy Gap are weather-related. Falling boulders come under that description, since the spring thaw and frequent rains loosen rocks that fall to the roads below.

Virginia Truck Driver Dies in Cab After Rollover

blog@www.shevlinsmith.com (News Author)21738 — Wed, 23 Mar 2011 08:00:00 EST

Nicholas A. Marlin of Telford was driving a refrigerated tractor-trailer filled with 30,000 pounds of MulitBond brand liquid adhesive when his semi overturned on an I-77 exit ramp.

According to Virginia State Police, 31-year-old Marlin was attempting to merge onto I-81 northbound, 10 miles north of Wytheville, when the rig rolled over, slid down an embankment, and finally broke through a guardrail, coming to rest upside-down.

When State Police Sgt. Steve Lowe arrived on the scene shortly after the 3 p.m., Marlin was trapped inside the cab, still restrained by his seatbelt. Sgt. Lowe found Marlin alive in his seat, but he was still unconscious from the crash.

According to Sgt. Lowe, Marlin must have misjudged his speed on the exit ramp, as the shifting of the truck’s considerable weight caused the passenger side of the cab to lift off the ground, causing the rollover.

When the fire department arrived, Lowe and the officers tried desperately to rescue Marlin from the vehicle, noting that the Police Department “deployed everything they had,” but they were stymied by the size and weight of the semi.

“They did everything humanly possible to try to extricate him,” Sgt. Lowe said in a statement. “It was just too much truck."

Marlin, who was a usual driver for Hatfield Quality Meats in Montgomery County, was pronounced dead at the scene later that afternoon.

New Legislation Takes Aim at Bus Safety in DC

blog@www.shevlinsmith.com (News Author)21343 — Fri, 18 Mar 2011 08:00:00 EST

In honor of seven people killed four years ago in a Bluffton University bus crash, Senators Sherrod Brown and Kay Bailey Hutchison have put together legislation to improve bus safety. U.S. Rep. John Lewis will also introduce a bill in the House of Representatives to bolster their case.

Senator Hutchison noted that “half of all motorcoach fatalities over the past 10 years have occurred as a result of rollovers, and 70 percent of the individuals killed were ejected from the bus. Congress must not wait for another deadly motorcoach accident before we pass comprehensive bus safety legislation."

Key features of the Motorcoach Enhanced Safety Act include:

Enhanced seating and safety belts and anti-ejection glazed windows. This may reduce fatalities that occur when riders are thrown from the coach.
Stronger roofs that will not crush in the event of a rollover accident.
A course of driver training, including bus operation and fire safety. No bus driver training is currently required by law.
Improvements to the motorcoach interior and electronic systems, including a GPS tracker and flame-retardant fabrics.
Mandatory safety inspections, which include audits, roadside inspections, and new programs to identify defective vehicles.

“We need to prevent any future bus trips from turning into tragedies," Senator Brown remarked, adding that the new legislation would “[reduce] the number of deaths and serious injuries caused by motorcoach accidents.”

Teen Mother Without Seatbelt Killed in Accident, 11-Month-Old Survives

blog@www.shevlinsmith.com (News Author)21233 — Mon, 07 Mar 2011 08:00:00 EST

A single-vehicle accident in Pittsylvania County has claimed the life of a teenage driver, but left her child alive.

Around 11p.m. on February 19, Alexis Morgan Dillard was driving east down Roark Mill Road when her 2000 Nissan Sentra ran off the road, just west of Blue Ridge Drive. Dillard overcorrected her trajectory, turning so far that she then ran off the left side.

Dillard was traveling with her 11-month-old child, who was properly restrained in a child seat. Dillard herself was not wearing a seatbelt. She was thrown from the vehicle when the car overturned and died at the scene before medical crews arrived. Her child was transported to a hospital for treatment, but did not appear to have life-threatening injuries.

Virginia State Police Sgt. C.W. Owen reported that the cause of the accident was a loss of driver control.

Dillard, who previously attended school in her hometown of Altavista, was just 17 years old. Altavista High School Principal Clay Stanley noted that Dillard no longer attended the school since receiving her GED last year.

Driver and Wife Killed in Virginia Accident, Backseat Passengers Survive

blog@www.shevlinsmith.com (News Author)21232 — Sun, 06 Mar 2011 08:00:00 EST

U.S. Army Sgt. Anna Marie Thomas, of Fort Lewis, WA, is reported to be in stable condition after a Virginia car accident on February 19 that left two others dead.

According to DeWitt County Coroner Alex Calvert, Francis and Carollyn Scales of Hardy, VA were killed as a result of multiple blunt force trauma injuries. On Saturday evening at 10:20 p.m., the couple was driving east on I-74 near Farmer City when the car seemingly lost control. After crossing the median and an embankment, the vehicle came to rest on nearby railroad tracks.

Francis, 63, and Carollyn, 62, were pronounced dead at the scene an hour later. Both had been wearing seatbelts.

Thomas’s children, ages 9 and 4, were also in the vehicle.

The Thomas family was evacuated to the hospital following the accident. Sgt. Thomas, 36, and her two children are all in stable condition at Carle Foundation Hospital in Urbana.

Calvert further remarked that the autopsy performed on Francis Scales revealed “a history of heart disease and cancer,” but declined to presume any drug use was involved until toxicology reports were complete.

The cause of the accident is still under investigation.

Speeding Truck Driver Overturns, Dumps Trash on Highway

blog@www.shevlinsmith.com (News Author)20890 — Thu, 24 Feb 2011 08:00:00 EST

On the morning of February 9, Oscar R. Albarracin of New York was driving a tractor-trailer full of garbage along I-66 West. Around 5:00 a.m., the semi crashed into the barrier on the left shoulder and the truck overturned, spilling the truck’s contents onto the road.

Albarracin, 34, was treated at Fairfax Inova Hospital following the early morning Fairfax truck accident. Both he and his male passenger were wearing seatbelts that morning, and the passenger remained uninjured.

Traffic was backed up for a considerable amount of time due to the accident—and not just on the roads. Rail commuters were also stymied by the cancellation of several morning trains, and Red Line delays were reported as early as 7 a.m. Drivers found I-66 closed at the Beltway, backing cars all the way up to Falls Church as emergency crews struggled to right the upturned truck.

Virginia State Police estimate that about half of the truck’s contents were spilled onto the roadway, and that none of the material was hazardous. Authorities believe that Albarracin was speeding at the time of the accident, and he has since been charged with reckless driving.

Reckless Trucker Injures One Driver, Hits Several Others

blog@www.shevlinsmith.com (News Author)20889 — Mon, 21 Feb 2011 08:00:00 EST

At around 4:20 p.m. on February 10, both lanes of I-81 were shut down after a truck driver caused an accident by failing to slow down in time with traffic.

According to Trooper W.H. Reid of the Virginia State Police, George Patrick, 46, was driving his 18-wheeler at around 70 miles per hour down the interstate when traffic in front of him was slowing down. Patrick first rear-ended a 2002 Pontiac Grand Prix, sideswiped another tractor-trailer, then spun a Dodge Caravan loaded with passengers before finally hitting a guardrail and rolling to a stop.

The occupants of the van did not sustain any serious injuries. Phyllis J. Hammer of Hampton, the driver of the Pontiac, suffered severe injuries as a result of the impact. Hammer, 46, was evacuated from the scene via helicopter and received treatment at the University of Virginia Medical Center in Charlottesville.

Witnesses reported that the Pontiac was hit hard, and that the car was nearly totaled upon impact. Clothing was strewn about the highway, and one of the car’s doors flew off in the crash. Traffic in the northbound lanes of I-80 just past the Augusta County line was tied up for hours, as Patrick’s truck’s cab lay in the median, and the semi he hit remained stalled in the road.

Trooper Reid estimates that traffic in front of Patrick’s semi was traveling at around 15 miles per hour, as workers were still cleaning up a potassium spill from a truck accident that happened the night before.
After Patrick was released from Augusta Health in Fishersville, he was charged with reckless driving by Virginia State Police.

Onley Police Officer Resigns from Force, Arrested for DUI

blog@www.shevlinsmith.com (News Author)20733 — Wed, 16 Feb 2011 08:00:00 EST

A two-car crash on January 27 has resulted in a Virginia police officer leaving the force.

The accident occurred in Accomack County around 11 p.m. Thursday night. When Virginia State Trooper J.N. Godwin arrived at the scene, he found one of the drivers, Officer Mark J. Whitney of Chincoteague, under suspicion of intoxication.

Whitney, 40, was off-duty at the time of the accident. Godwin smelled alcohol on Whitney’s breath; suspecting he was indeed intoxicated, Godwin then ordered several field sobriety tests.

When Whitney’s test results were processed, they indicated that his blood alcohol content (BAC) was over 0.20 percent—proving he had been operating a car with a BAC twice the legal limit. Whitney was arrested at the scene and charged with a first-offense driving while intoxicated, a misdemeanor in the state of Virginia.

Billye D. Custis, Mayor of Onley, stated that Whitney resigned from the Onley police force last week. It is unclear whether the incident happened before or after his resignation took place.

The name of the other driver and vehicle details have not been released.

Tree Uprooted by Snow Kills Hyattsville Driver

blog@www.shevlinsmith.com (News Author)20732 — Tue, 15 Feb 2011 08:00:00 EST

On the evening of January 26, Oswaldo Hernandez-Cruz was heading to a last-minute job clearing snow from the winter storms in Washington DC. He and three friends packed food and supplies for the night and headed into the city in their gray Ford pickup truck.

As they were sitting in traffic in the westbound lane of Military Road NW, an unlikely weather-related accident happened: as a result of the heavy snowfall, a tree on the driver’s side of the road suddenly uprooted and slammed onto the roof of the truck. All three passengers were injured, and Hernandez-Cruz, 41, was killed.

Hernandez-Cruz, a resident of Hyattsville, wasn’t supposed to be out working that night. He made his living as a roofer, but was looking for additional income to support his family. He is survived by his wife of 20 years, Ana de Paz, and three children, including his daughter, Celia, 16, and son Bryan, 8.

Hernandez-Cruz was born in Guatemala. His family had only recently moved to Maryland, leaving their California home of 20 years in hopes of better job opportunities on the East Coast. He had had similar jobs clearing snow last year in Baltimore, and left home very happy on the night of the accident, as working in D.C. meant working closer to home.

The falling tree caused injuries to two other people when heavy branches struck their car.

DUI Driver Strikes Bargain After Causing 37-Year-Old Mother's Death

blog@www.shevlinsmith.com (News Author)20443 — Thu, 03 Feb 2011 08:00:00 EST

After causing a fatal accident in April of last year, Ajene Jones faced seven separate charges, including aggravated assault, driving while intoxicated, and second-degree murder. Jones, driving on a suspended license, also tested positive for PCP following the accident.

35-year-old Ajene Jones testified before a DC Superior Court Judge that he had no memory of the accident. Although he remembers events earlier in the day, such as buying PCP-laced cigarettes and helping a friend move, he does not recall the tragic events that followed.

On the night of the accident, Jones was driving his Dodge Ram down Alabama Avenue SE at twice the legal speed limit. According to Assistant U.S. Attorney John Soroka, Jones’s vehicle careened across the centerline and into a Toyota Camry. Soroka said the Camry, driven by Mary Wimbush and containing her four small children, spun 180 degrees, and EMS workers needed almost an hour to extract Wimbush from the vehicle.

Authorities agree that Jones was high on PCP when he caused the crash that killed 37-year-old Mary Wimbush. Jones had a history of driving under the influence, and was driving on a suspended license on the night of the accident.

At Jones’s recent hearing, Judge Thomas Motley convicted Jones on an Alford plea: a plea in which the defendant avoids admitting guilt by acknowledging that there is enough evidence against him for a conviction. As a result of the plea bargain, the prosecution agreed not to seek more than 20 years’ jail time and dropped many of the other charges against Jones.

Jones was ultimately convicted on one charge of manslaughter and two counts aggravated assault. His sentencing is scheduled for March 11.

Snow Causes 52-Car Accident in Washington DC

blog@www.shevlinsmith.com (News Author)20183 — Wed, 19 Jan 2011 08:00:00 EST

A snowstorm that swept over Northern Virginia on January 9 caused trouble for commuters—and a massive pile-up for cars on the highway.

According to Virginia State Police, the trouble started early Saturday when a collision between a truck and a tractor-trailer occurred suddenly on I-95, near Dale City.

Due to icy roads and blustery weather conditions, the vehicles following those in the crash were unable to stop, swerve, or avoid becoming part of the accident. The increased speed on the highway combined with the harsh weather caused a chain reaction of fender-bender accidents as cars struggled to brake quickly.

When the action stopped, police estimated that some 52 vehicles had been involved in the accident. Traffic was rerouted as the packed southbound lanes were cleared with the use of HOV lanes.

Despite the number of vehicles involved in the collision, no fatalities were reported. Only four people sustained injuries as a result of the accident. Police report that the injured were taken to a nearby hospital for treatment of minor injuries and are expected to fully recover.

The slippery roads and decreased sight distance from the storm may have contributed to another multi-vehicle accident on northbound I-95 that same morning. Police and rescue crews also responded to this accident, although fewer cars were involved.

The original cause of the southbound accident is still under investigation.

Car Fire Kills Former DC Aide While Parked in Own Garage

blog@www.shevlinsmith.com (News Author)20184 — Tue, 18 Jan 2011 08:00:00 EST

Around 4AM on January 10, the Metro Police responded to a 911 call claiming there was a fire at a residence in Southeast Washington, near Eighth Street and A Street. The D.C. Fire Department arrived at the row house to find a parked car on fire with one occupant inside: former Capitol aide Ashley Turton.

Turton, a mother of three young children, was supposed to be working at her job at Progress Energy later that morning. She had been a lobbyist for the organization since September 2007 and was working on the recently-announced merger between Duke Energy and Progress Energy.

Turton had done public service on Capitol Hill for over a decade: first as a press secretary, then as Rep. Rosa DeLauro’s chief of staff from 2000 to 2007. Her husband, Dan Turton, is the White House liaison to the House of Representatives.

When firefighters responded to the blaze, they assumed the fire had been caused by a low-speed collision—a result of the car crashing into the garage. The remaining family members were evacuated from the house amid thick smoke, reported spokesman Pete Piringer. It was only when the crews had the fire under control that they realized there was a family member inside the vehicle. Turton was later positively identified, and was pronounced dead at the scene.

Rep. Rosa DeLauro and her husband gave grieving remarks upon learning of her former chief of staff’s death, stating Turton “was special… a leader and comrade-in-arms to so many staff. She was a member of our family, and we mourn her.”

Although investigations are still pending, both Turton’s death and the fire appear to be accidental.

One Fatal Accident Follows Another on Black Cat Road

blog@www.shevlinsmith.com (News Author)20049 — Thu, 13 Jan 2011 08:00:00 EST

Black Cat Road in Albemarle County has seen two separate fatal car accidents within three days.

Late in the evening of December 29, Keswick resident Richard Gibson, Jr. drove his car off the bridge near Bunker Hill Road. Gibson, who was 48 years old, died of injuries sustained when his car hit the railroad tracks beneath the bridge.

According to Albemarle police, Gibson had been speeding and was under the influence of alcohol at the time of the crash. Albemarle County Police Department Sgt. Darrell Byers appealed for those celebrating with alcohol to recruit designated drivers over the holidays.

Both the Virginia Department of Transportation and crews from the Buckingham Branch Railroad have inspected the railroad bridge. The rails may have sustained slight damage in the crash.

Just three days later, a second fatal accident occurred along the same stretch of road. As in the previous Wednesday, a single-car accident in Virginia left its driver dead.

Stephen Hughes Heim of Keswick was driving his Honda Accord down Black Cat Road on Saturday afternoon when he suddenly veered off the road and struck a tree. Heim, 19, was reportedly not carrying any passengers when police and rescue crews arrived.

Black Cat Road was closed for five hours on Saturday evening for police investigation into the accident, including scrutiny from the Albemarle County Accident Reconstruction team.

Virginia Kindergartner Brain Damaged by Car Seat Wins $8M Settlement

blog@www.shevlinsmith.com (News Author)19943 — Thu, 06 Jan 2011 08:00:00 EST

Three years ago, the George family was stopped at a red light in their Plymouth Neon when they were rear-ended by another vehicle traveling about 30 mph. Although the crash was minor, the injuries to the George’s daughter, 5-year-old Aaliyah, were irrevocably severe.

After the accident, the kindergartner had trouble performing simple tasks, including getting dressed.

Like many other children, Aaliyah George had suffered a head injury when the passenger’s seat in front of her slammed into her frontal lobe when the car was rear-ended. Instead of absorbing impact, the front seats merely collapse—or, as the Georges’ attorney, Bob Langdon, stated, the person in the front seat “becomes the missile that goes back and hits the brain of the child.”

The Georges filed a suit against Milwaukee-based Johnson Controls Incorporated, the company responsible for making the car seat. They claimed the front seats were dangerous because of their ability to collapse backward and injure those seated behind them in the event of a crash.

The plaintiff’s engineer, Lou D’Aurelio, testified at the trial that, as a result of the design, “the seat, the body…or both are going to smack into whoever is sitting behind them. Most of the time…that’s going to be a child."

D’Aurelio also claimed that the federal safety standard for front passenger seats is “weak and outdated.” A test was performed at the trial using a lawn chair and a chair made of cardboard. Both makeshift seats passed the test that the Georges’ federally-compliant car seat had failed.

The jury found in favor of the Georges in the lawsuit. Although Aaliyah George’s injuries may be permanent, she was awarded $8 million for the company’s oversight.

Driver faces felony charges in fatal collision involving soccer star

blog@www.shevlinsmith.com (News Author)19698 — Mon, 03 Jan 2011 08:00:00 EST

A Clarksville woman faces felony charges after causing an accident that resulted in the death of a young woman and injury of a prominent soccer player.

According to a spokesman for Neil H. MacBride, U.S. attorney for the Eastern District of Virginia, Maria Alejandra Espinoza will face charges of involuntary manslaughter and driving while intoxicated in Arlington after the fatal October 2009 accident.

The one-car accident gained national attention due to the injuries sustained by US soccer player Charlie Davies. Davies suffered right leg fractures, a lacerated bladder, and a dislocated elbow as a result of the October 13, 2009 accident on the George Washington Memorial Parkway.

Around 2:30 AM on the night of the crash, a 2004 Infiniti FX35 carrying three people was traveling south over the Boundary Channel near Memorial Bridge when it struck a guardrail—the force of the impact causing severe damage to the car. One of the passengers, Ashley J. Roberta, 22, of Phoenix, MD, was found dead near the car. Davies was pulled from what remained of the vehicle by rescue workers, and Espinoza suffered minor injuries.

Det. Scott Powers writes that the car showed no evidence of braking, and investigators at the scene have reason to believe that the Infiniti was traveling faster than the posted 40-mph speed limit.

In a statement given by a U.S. Park Police detective, officials said that Espinoza admitted to consuming alcohol before driving, and an hour earlier, the three victims were seen together at a District establishment where alcoholic beverages were served.

Driver Still at Large After Fatal Collision with Belle Haven Bicyclist

blog@www.shevlinsmith.com (News Author)19521 — Thu, 16 Dec 2010 08:00:00 EST

On Sunday, November 14, 51-year-old Christopher Benton was traveling east on Belle Haven Road on his bicycle. Around 3 p.m., a car headed in the opposite direction was turning onto Fort Hunt Road when it struck Benton, throwing him from the bike, resulting in multiple injuries.

The car, a 2005 Toyota Corolla, apparently fled the scene.

Benton received emergency treatment and remained in critical condition before succumbing to his injuries on Monday morning.

Officers from Mount Vernon have deduced that the Corolla was a four-door model and was traveling westbound. The case remains open as Fairfax County Police are still appealing to any witnesses to the crime to come forward with helpful information.

In the weeks following the hit-and-run, a memorial “ghost bike” has been erected at the site of the accident. Speculations have been made that Benton was about a mile from home, and that the corner where the car struck him was a common location for cars running red lights.

17-Year-Old Causes Fatal Crash

blog@www.shevlinsmith.com (News Author)19520 — Tue, 14 Dec 2010 08:00:00 EST

Late on the night of November 16, Natalie Miranda of Falls Church was driving north on Cherokee Drive with two male passengers, aged 17 and 18. Miranda allowed the 17-year-old, who did not possess a driver’s license, to drive her 1991 Honda Accord.

When the teenager accelerated just North of Patuxent Way near I-35, the car swerved in and out of the southbound and northbound lanes, then went into a spin, striking a 44-year-old woman in a 2008 Toyota Highlander. The woman, who was uninjured, had stopped her car out of concern for the oncoming Honda’s movements. After the collision, the Honda rolled down an embankment and came to a stop.

Miranda and the unidentified 18-year-old received treatment at Inova Fairfax Hospital, where the teenager’s injuries were deemed superficial. The 17-year-old driver did not sustain any injuries.

Around 7pm on November 17, Natalie Miranda of Falls Church died as a result of her injuries. She was 20 years old.

According to Fairfax County Police Department spokesperson Officer Shelley Broderick, speed was a contributing factor in the Virginia car crash. Broderick also commented that there is no evidence to support a drunken driving case.

Investigations into the relationships between Miranda and the two teenagers are ongoing. No criminal charges will be filed, stated Broderick, until the investigation is complete.

1 in 10 Drivers has Fallen Asleep While Driving, Study Says

blog@www.shevlinsmith.com (News Author)19391 — Wed, 08 Dec 2010 08:00:00 EST

According to a recent AAA Foundation for Traffic Safety study, one in every ten drivers has admitted to falling asleep while driving.

The report, which was comprised of information from the National Highway Traffic Safety Administration, also states that 17 percent of fatal accidents involve tired drivers.

If the statistics included in the study are true, it would mean forty-one percent of America’s drivers have, at some point in the last year, nodded off behind the wheel—and fifty-nine percent of them fell asleep after driving for less than an hour.

Interestingly, although eighty-five percent of drivers responded that driving ‘while exhausted to the point of being unable to keep your eyes open’ is “completely unacceptable,” over twenty-five percent of those respondents admitted to driving under those exact conditions within in the past month.

“Unfortunately, too many drivers have adopted the ‘I’m tired, but I can make it’ mentality, often to their own peril or to the peril of others,” said vice president for public affairs of AAA Kathleen Marvaso. In a statement, Marvaso acknowledged that many people underestimate the powerful effects of fatigue while driving.

The AAA Foundation released the study as part of a Drowsy Driving Prevention Week initiative. The group is committed to reducing road accidents and injuries, and urges sleepy drivers to refrain from traveling while exhausted. If travel is absolutely necessary, AAA recommends driving with an alert passenger, drinking caffeinated beverages, and stopping every 100 miles to reduce road fatigue.

The study seems to indicate drowsy driving is on the rise: a 2008 National Highway Traffic Safety Administration publication reflected drowsy drivers were involved in just 2.4 percent of fatal crashes.

Aging Transit Systems Threaten DC Commuters

blog@www.shevlinsmith.com (News Author)19390 — Wed, 08 Dec 2010 08:00:00 EST

After the June 22, 2009 Red Line crash, the Federal Transit Administration was forced to take notice of the state of the Washington DC subway system. What they found was aging rail systems, safety violations, and a lack of responsibility for the safety of American commuters.

During a hearing on the crash, FTA Administrator Peter Rogoff stated, “I think everyone in this region woke up the next day… and said, ‘Who is responsible for looking after safety?’” The answer was unnerving.

“There really was no one,” Rogoff told Congress.

Despite a longstanding objection from The National Transportation Safety Board, Washington DC still uses hundreds of rail cars that are over 30 years old. The Metro train involved in the deadly crash of 2009 was composed entirely of the older cars that the NTSB had recommended for retirement.

An FTA audit was conducted after the crash of the Tri-State Oversight Committee, which is the agency charged with the safety and security of the Washington Metro, as well as the Washington Metropolitan Area Transit Authority itself. The report’s 21 findings included several failures on the part of these safety institutions, including failing to conduct inspections, set safety standards or issue citations.

The country’s 48 subway systems remain governed by many different committees and state agencies; there is no single authority to enforce safety measures. With the lack of a safety oversight, ancient rail cars and aging lines, light-rail systems are at risk for future disasters.

Despite the state of its systems, transit rail remains one of the safest modes of transportation in America. According to an FTA study, there is one fatality every 500 miles traveled by rail, compared to 7 fatalities per 500 miles traveled by car.

Pregnant Wife, Friends Mourn DC Officer Killed in Crash

blog@www.shevlinsmith.com (News Author)19138 — Fri, 26 Nov 2010 08:00:00 EST

St. Elizabeth Ann Seton Catholic Church in Lake Ridge was filled with hundreds of mourners as Officer Paul M. Dittamo was laid to rest November 4. One of Dittamo’s five sisters, Christy Bossard, delivered her brother’s eulogy.

Just one week before the tragic accident, Dittamo’s wife Shana had delivered the news that he was going to be a father.

In the early hours of October 30, Dittamo and his partner were responding to a distress call from officers who needed assistance restraining a suspect under the influence of PCP. According to a police report, their car lost control and slammed into a utility pole in the 1400 block of Morris Road SE. Dittamo was killed in the crash, and his partner suffered minor injuries.

The cause of the accident is still under investigation.

D.C. Police Chief Cathy L. Lanier recalled the trip to the hospital, noting she did not know what to say to the officer’s family and friends. Dittamo is the first D.C. officer to die in the line of duty since 2007.

Dittamo, 32, joined the force in 2008. He had graduated from culinary school and was a managing partner of his family's Fox's Pizza Den in Lake Ridge when his brother-in-law interested him in the police force. Prince William police Sgt. Matt Mihalovich recalls that Dittamo thought law enforcement was “where he thought he could do the most good and serve the people best."

At the time of the accident, Dittamo had been assigned to the 7th District, or 7D, notably the department's most dangerous precinct. Police Cmdr. Joel R. Maupin of 7D said following the accident, “I observed for myself how much [Dittamo] meant to his co-workers, how much they respected him.”

Tom Smith Helps Negotiate Medical Malpractice Cap Increase Agreement

blog@www.shevlinsmith.com (News Author)18999 — Wed, 17 Nov 2010 08:00:00 EST

Shevlin Smith partner, Tom Smith, Legislative Chair for the Virginia Trial Lawyers Association, recently helped negotiate an agreement with the Medical Society of Virginia to increase the maximum amount that a patient injured by medical negligence in Virginia can recover. It was agreed that legislation would be submitted to the General Assembly to increase the current $2,000,000.00 cap by $50,000.00 per year for the next twenty years. It is anticipated that a bill reflecting this agreement would be submitted to the General Assembly in its next session.

Virginia Motorcycle Accident Kills Passenger, Injures Driver

blog@www.shevlinsmith.com (News Author)18963 — Wed, 17 Nov 2010 08:00:00 EST

Unlike most Virginia motorcycle accidents, the one that recently cost the life of a Virginia Beach resident did not involve a car—it was caused by a deer.

On the night of Saturday, October 23, Virginia Beach resident Kimberly Wang was riding on the back of a 2005 Harley-Davidson Ultra Classic when a deer suddenly sprang onto the road. Howard Henry Rolsmacher, also of Virginia Beach, swerved to avoid the deer, but lost control of the bike. He and Wang were ejected from their seats and flung from the vehicle onto US 52.

Several emergency services, including The Hillsville Volunteer Fire Department, The Hillsville Police Department, and Carroll County Emergency Medical Services responded to the call.

Due to her critical condition, Wang was airlifted to Wake Forest University Baptist Medical Center. She was pronounced dead on arrival, the injuries she sustained in the accident too severe for recovery. She was 47 years old.

Rolsmacher, 57, was taken by ambulance to Twin County Regional Hospital where he received treatment for his injuries.

The accident occurred near Cross Creek Road in Hillsville.

Virginia Dump Truck Accident Injures 2

blog@www.shevlinsmith.com (News Author)18962 — Tue, 16 Nov 2010 08:00:00 EST

When a car carrying two women collided with a dump truck the morning of November 9, the only one who remained unharmed was the truck driver.

51-year-old Winnond Shrewsberry of Patrick Spring, Virginia, was heading West on Route 58 when a car driven by Stuart resident Annie Simmons pulled across several lanes of traffic and then in front of his vehicle in the eastbound lane.

According to State Police Sergeant Bob Carpentieri, Shrewsberry hit the brakes—but the truck skidded out of control and hit the car head on. Reports indicate the dump truck was carrying 20 tons of gravel at the time of the accident.

Simmons, 82, had left a parking lot around eight a.m. before getting onto the highway, Virginia State Police report. She and her passenger, Jewel Knight, 86, were trapped in the vehicle following the accident.

Simmons was airlifted to Carilion Roanoke Memorial Hospital, where she remains stable and in good condition. Jewel Knight was flown to Wake Forest University Medical Center in Winston-Salem, North Carolina where, as of Tuesday morning, she is still listed in serious condition.

No charges have been filed as a result of the accident, but according to State Police Sergeant Bob Carpentieri, the investigation is ongoing.

Reckless Driving, Rain Cause Tractor-Trailer Accident

blog@www.shevlinsmith.com (News Author)18858 — Fri, 12 Nov 2010 08:00:00 EST

Iryna Aksanich was driving south on I-81 around 4:40 a.m. on November 4, 2010. She suddenly ran off the road and into the guardrail, leaving her car exposed to oncoming traffic.

Her car was then struck by a tractor trailer traveling in the left-hand lane. This apparently caused the tractor trailer to turn on its side, coming to rest across two lanes of traffic.

Aksanich was driving a Chrysler Sebring. She has been charged with reckless driving by state police.

Virginia State Police Sergeant Michael Rossetti attested that the tractor trailer “did not have any lights on as a result of the accident” and that “the passengers that were in the Chrysler Sebring had exited the vehicle.”

Traffic was backed up for a considerable amount of time on I-81 as a result of the accident. According to witnesses at the scene, the tractor trailer was on its side crossing the shoulder and both southbound lanes of I-81. The tractor trailer’s driver was treated for minor injuries at Rockingham Memorial Hospital.

The exact cause of the crash is unclear. Rosetti admits that the rain was a factor in the accident, but any further details have not been released.

Questions regarding the increase in state speed limits are being raised as a result.

New Virginia Speed Limits Are Just Short of Reckless Law

blog@www.shevlinsmith.com (News Author)18757 — Fri, 05 Nov 2010 08:00:00 EST

Governor Robert F. McDonnell has announced that speed limits will be increased on some Virginia interstates this year. The new speed limit of 70 miles per hour, which affects much of I-81 and parts of I-85, 95, 64, 66, and 77, reduces the gap between the legal driving limit and the speed at which one can be cited for reckless driving.

Virginia law stipulates that any driver traveling at 81 mph or over can be prosecuted as reckless. Such a citation includes a mandatory court appearance, fines, and even jail time.

According to state officials, the change is an attempt to shorten commute times because traffic would "move at a more consistent speed." Work is scheduled to be finished by the end of December 2010, and will include more signage and upgraded guardrails along the affected highways.

The increases are currently limited to areas that are less populated for purposes of safety. The Virginia Department of Transportation consulted with Virginia State Police on raising the speed limit for a significant portion of Virginia’s interstate mileage. It was decided that the speed limit on 189 miles of road will stay at 65 mph due to location, including areas that have had high accident rates in the past, areas located in a highway safety corridor, or urban areas.

The speed limit of the 27 miles of I-295 near Richmond was increased over the summer, making it the first portion of Virginia interstate to be affected.

Seven People Hospitalized After Amherst County Crash

blog@www.shevlinsmith.com (News Author)18756 — Thu, 04 Nov 2010 08:00:00 EST

A car wreck at the intersection of Francis Avenue and Five Forks Road in Monroe culminated in seven injured parties being taken to hospitals. No fatalities have been recorded.

According to Virginia State Police, Richard Sharp collided with Angel Mason around 9 pm on Saturday, October 23, 2010. Mason, who suffered a broken wrist, was driving with her 11- and 15-year-old daughters in the car. The women were treated at Lynchburg General Hospital for minor injuries, and have already been sent home. A family member reports that Mason and her girls are recovering well.

Richard Sharp had three passengers in the car when the off-set head-on collision occurred. He was airlifted to UVA Medical Center, while his passengers were taken to Lynchburg General. The status of the patients, including the severity of their injuries, remains unknown.

Sharp is 18 years old.

While the cause of the accident remains unknown, Virginia State Police report that the car Sharp was driving at the time of the accident did not belong to him. State police will continue to investigate possible causes.

One Nun Killed, Two Injured in Illegal Immigrant DUI

blog@www.shevlinsmith.com (News Author)18339 — Sat, 16 Oct 2010 08:00:00 EST

Sister Denise Mosier, 66, was traveling to a retreat with two fellow nuns on Bristow Road when their car collided with a Subaru Outback in Prince William. Mosier was killed, and the two other passengers sustained critical injuries.

Mosier became a nun when she was 18 years old. Her younger sister, Mary Ann Lamb, recalls that Mosier selflessly used her college English degree as a missionary in Africa and to teach in parochial schools.

One of the injured passengers, 70-year-old Charlotte Lange, was awaiting surgery Tuesday, according to her sister, Anne Marie Lange. Sister Charlotte, former principal of St. Gertrude’s high school, is in critical but stable condition. The sisters have stayed in constant vigil over Sister Charlotte and 75-year-old Sister Connie Ruth Lupton, the driver of the nuns’ vehicle.

Carlos A. Martinelly-Montano, the driver suspected of causing the fatal car crash, is a 23-year-old Bolivian native. He and his family came to the U.S. when he was 8 years old. Although he was authorized to work in the United States in 2007 by the Department of Homeland Security, Martinelly-Montano is still considered an illegal immigrant by both state and federal authorities.

The U.S. Department of Homeland Security has been in the process of deporting Martinelly-Montano since he was involved in a previous DUI in 2008. He has several driving offenses on his record, including two previous DUIs and a license revocation.

The driver’s mother, Maria Martinelly, attested that she had begun hiding the keys to the family car due to her son’s previous convictions. She supposed that her son, himself a father of two small children, discovered the keys hidden in a closet after drinking early in the morning, and took the car.

Hit-and-Run Driver Found Incapacitated After Fatal Crash

blog@www.shevlinsmith.com (News Author)18337 — Sat, 16 Oct 2010 08:00:00 EST

In the early hours of October 7, Kiela Ryan of Howard County stepped from the driver's seat of her car onto Connecticut Avenue, near Dupont Circle, when she was struck by a hit-and-run driver in a black SUV. She was returning from celebrating her 24th birthday.

Ryan, unprotected by a vehicle, was launched into the air and “projected approximately 21 feet into the rear of a parked car," according to D.C. police. She died of her injuries at George Washington University Hospital.

Montgomery police were able to find the hit-and-run driver thanks to a bicyclist who followed the SUV and called in its license plate number. 30-year-old Jorida Davidson was discovered sitting in her damaged car in the parking garage of her apartment building in Chevy Chase.

According to the affidavit, she was “apparently under the influence of alcohol” and "did not recall being in a crash.”

The vehicle, a black Lexus, had sustained damages to the front and side panels that were consistent with the victim’s injuries. When police arrived, Davidson was behind the wheel; the engine was not running, but the keys were in her hand. She failed three sobriety tests and declined to take a breath test.

Davidson was charged with driving while intoxicated and voluntary manslaughter. If she is convicted, she may face a prison term of 4 to 10 years.

Cell Phone Use While Driving Banned in Washington D.C.

blog@www.shevlinsmith.com (News Author)18284 — Fri, 15 Oct 2010 08:00:00 EST

Maryland has now become the eighth state to make cell phone use while driving illegal.

The new statewide law includes Washington D.C., and includes all forms of hand-held cell phone use, including calling, text messaging, and other applications. The law does not apply to hands-free devices.

Authorities are hopeful that the new law, which took effect October 1, will bring down the number of fatal collisions caused by distracted driving. Last year, 549 people in Maryland were killed as a result of using handheld devices while driving.

Maryland State Police Superintendent Terrence B. Sheridan remarked upon the distracting nature of technological devices while driving, saying they compromise a driver’s ability “to make split-second decisions." Since the number of distracted driving occurrences has been on the rise, authorities are hopeful that primary attention will now be focused on the road.

Maryland Transportation Secretary Beverley K. Swaim-Staley disagreed that distracted driving deaths are "inevitable” at a news conference on September 28 in Howard County. Under the new law, drivers operating their phones while driving will face consequences up to a $100 fine and one point on their driver’s license. Sheridan admitted he is "concerned about enforcing" the new law, as it is only a secondary offense.

Residents must be committing some other moving violation, such as running a red light or speeding, in order to be pulled over. Similarly, some law enforcement officers are dubious that the law will be effective in deterring cell phone use. Police Chief William McMahon “would prefer it to be a primary offense," noting that one of his officers, Pieter Lucas, had to have his leg amputated after he was hit while on duty by a driver on her cell phone.

Single Car Accident Injures Six Virginia Tech Cadets

blog@www.shevlinsmith.com (News Author)18282 — Fri, 15 Oct 2010 08:00:00 EST

Six members of Virginia Tech’s Corps of Cadets were injured in an accident on Craigs Creek Road near US 460. The accident occurred on the evening of October 2. The six students were traveling together to a sophomore initiation when their car flipped and landed upside down in a ditch. All six of the cadets were trapped inside the vehicle.

Five cadets were flown from the site to Roanoke Memorial Hospital for treatment, where two still remain in intensive care. One cadet was taken to Montgomery Regional Hospital by Blacksburg Rescue for treatment of minor injuries.

“[It was] an officially sanctioned Corps event called sophomore initiation, for the sophomores of Echo Company. At the event, the sophomores are officially welcomed into their company,” University spokesman Larry Hinker said in an email.

The six students were all members of Echo Company, says Corps of Cadets spokeswoman Carrie Cox. Ed Spencer, vice president of student affairs, reported that the vehicle, a Ford Bronco, was one of many headed to the event at Caldwell Fields, and confirmed to University Council that the two students in the front seat were wearing seatbelts, but the four in the back seats were not.

The accident site remains marked with orange spray paint, a map of Maryland, broken glass, medical debris from the rescue, a downed tree that may have been hit by the force of the SUV, and skid marks stretching toward the Jefferson National Forest Shooting Range.

The Montgomery County Sheriff’s Office would not release further details, as the investigation is ongoing.

Bus Driver Killed, 12 Injured in Bethesda

blog@www.shevlinsmith.com (News Author)18283 — Thu, 14 Oct 2010 08:00:00 EST

Joseph A. Clabaugh Jr. of Hanover, PA was killed when the bus he was driving went off the road, down a 45-foot embankment and stopped amid traffic on I-270. He was 66.

The bus, operated by Wolf's Bus Lines, was returning to Pennsylvania in the late afternoon after a trip to Washington, D.C.

Mr. Clabaugh was pronounced dead at the scene. Although he was the only fatality in on the 29-passenger bus, twelve people sustained injuries in the crash and were taken to hospitals for treatment.

Police are waiting on autopsy results from the Chief Medical Examiner in Baltimore to determine the exact cause of Mr. Clabaugh’s death.

Of the injured passengers, Trina Manetta, Donte Manetta, Dominic Manetta, Emma Currie, Vincent Olivero, Madison Olivero, Riley Olivero, and Ashok Sonalkar of Mechanicsburg, PA were all released from the hospital in stable condition. Sally Currie, Helen Rockefeller, Richard Lake and Trina Manetta are still hospitalized, but their condition is not critical.

Two motorists traveling on I-270 when the bus crashed, June Odegard and Parag G. Ghodgaonkar, were also treated for injuries.

This is not the first time a bus owned by Wolf's Bus Line of York Springs has been involved in such an accident. In May 2008, a similar incident occurred when a front tire blew and the bus driver lost control, causing injuries to 38 passengers and the driver. The bus was speeding at least 5 miles over the limit at the time of the crash. A spokesman for Pennsylvania-based Wolf's Bus Line said the company is investigating the bus accident, but would not comment further.

Clean Medical Malpractice Record no Guarantee of Safety

blog@www.shevlinsmith.com (News Author)17831 — Fri, 24 Sep 2010 08:00:00 EST

On Monday September 13 the results of a RAND study were published in the Archives of Internal Medicine. The study found that while many patients spend time researching a physician’s medical malpractice history, the history that is publicly available is not a reliable indicator of future performance. Specifically, the researchers found that there was no consistent correlation between malpractice payments and disciplinary actions against doctors and the quality of care that those doctors provided.

Prior Medical Malpractice Claims, Experience and Board Certification are Not Always Relevant to Future Care

Years of practice, like previous medical malpractice claims, were also not a reliable measure of future quality of care. Board certification showed only a small correlation to future quality care and was not deemed to be significant by the study authors.

What Can Be Done?

One of the study’s authors, Rachel Reid, says that the conclusions reached in this study should lead to more information being made public. She claims that the detailed information made available to health plans could provide patients with more reliable information about their prospective doctors.

Patients are reminded that medical malpractice can be committed by any doctor. If you have been the victim of medical malpractice in Virginia or Washington D.C. then contact a Northern Virginia medical injury lawyer today for a free consultation.

Is Virginia's No Texting While Driving Law Effective in Fairfax County

blog@www.shevlinsmith.com (News Author)17830 — Wed, 22 Sep 2010 08:00:00 EST

It is illegal to text and drive in Virginia. However, it turns out that the technicalities of the distracted driving law make it difficult for police to prevent distracted driving accidents. For example, texting while driving is a secondary offense in Virginia. That means that the driver must have committed another (primary) offense before being pulled over and ticketed.

How Successful Has the No Texting While Driving Law Been So Far?

In the first eight months of 2010, Fairfax County officials ticketed 16 people for texting while driving. Yet police are still cracking down on Fairfax County texting and driving. They are simply using an older law that allows them to ticket a driver who fails to pay full time and attention to driving. It doesn’t matter if the driver is texting, talking on a cell phone, or simply otherwise distracted for this law to be enforced.

Stepped Up Enforcement May Still be Useful

While there are significant loopholes in the texting while driving law, the law aims to prevent serious and fatal Virginia distracted driving accidents. To that end, Fairfax County is conducting a media campaign to raise awareness of the law and to attempt to protect people from the dangers of distracted driving.

Warren County Accident Kills 3 and Injures 4

blog@www.shevlinsmith.com (News Author)17637 — Thu, 16 Sep 2010 08:00:00 EST

On Sunday afternoon September 5, 2010 a tragic Northern Virginia car accident took the lives of three people and injured four other people on Route 55 in Warren County. Police report that the driver of the car, Robert Frederick Louer, was driving a Suburban that ran off the road just west of Route 614. He then overcorrected, briefly came back on the road and went off the side of the road, going down an embankment and ultimately hitting a tree. There is no word on what caused the accident but alcohol is not considered to be a factor and the driver and passengers were reportedly wearing seatbelts at the time of this Northern Virginia crash.

Those who lost their lives in the accident included: 64-year-old Edward Enoch Nichols III (known as Ted), 63-year-old Karen Nichols and 90-year-old Doris Degraw Louer, all of Purcellville.

The injured included: 62-year-old Marilyn Louer, 51-year-old Cynthia Louer Fusselle and 71-year-old David Louer. Ms. Louer and Ms. Fusselle were both flown to Inova Fairfax Hospital for treatment. Mr. Louer was taken to Warren Memorial Hospital. Their conditions have not yet been released.

The cause of this Northern Virginia car accident remains under investigation. We extend our condolences to the family and friends of those who died in this accident and we wish a speedy and complete recovery to the injured.

How do Northern Virginia & Washington D.C. Drivers Compare to Others?

blog@www.shevlinsmith.com (News Author)17636 — Tue, 14 Sep 2010 08:00:00 EST

Not well, according to a recent study released by Allstate Insurance Company. Earlier this month, Allstate released its sixth annual “Allstate America’s Best Drivers Report.” The study ranked the 200 largest cities according to which city had the best drivers and the comparison was not favorable to Northern Virginia and Washington D.C.

According to the Allstate study, Washington D.C. ranked at the very bottom of the cities studied. Allstate estimates that Washington D.C. drivers only average 5.1 years between accidents and have a 95.5% chance of having an accident relative to the national average.

Two large Northern Virginia cities didn’t fare much better. Both Alexandria, VA and Arlington, VA ranked in the bottom 10% of the cities studied. Alexandria drivers average 7.2 years between accidents and have a 38% chance of having an accident relative to the national average. Arlington drivers scored similarly to their Alexandria counterparts. In Arlington, drivers average an accident every 7.4 years and have a 35.3% chance of having an accident relative to the national average.

No Virginia cities ranked in the top 25% of safe driving cities according to the Allstate Study. Allstate encourages all drivers, in all cities, to drive safely, to minimize distractions, to be aware of road conditions, and to leave a safe distance between vehicles to prevent accidents.

Did Lou Gehrig Actually Have Lou Gehrig's Disease?

blog@www.shevlinsmith.com (News Author)17463 — Fri, 03 Sep 2010 08:00:00 EST

A recent study published in the August 2010 Journal of Neuropathology & Experimental Neurology suggests that some people with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s Disease, may not actually have that condition. Instead, the study suggests that some professional athletes, soldiers, and others who are diagnosed with ALS instead have brain injuries that eroded the central nervous system in ways similar to ALS and were incorrectly diagnosed with ALS.

While Lou Gehrig’s case was not looked at specifically in the study, he may be exactly the type of individual who was misdiagnosed. The famed Yankee suffered many concussions in his professional baseball career and in his high school and college football career and he continued to play despite his brain injuries.

The study does not suggest that all cases of ALS are a result of brain trauma, only that some cases of significant brain damage are misdiagnosed as ALS. In order for patients to get the best possible treatment for brain injuries and for ALS it is important that the correct condition be diagnosed and that researchers take a better look at the clinical standards for making diagnoses and treating patients who present with similar symptoms to very different, and dangerous, medical conditions.

Rate of Caesarean Sections Increasing in the United States

blog@www.shevlinsmith.com (News Author)17393 — Tue, 31 Aug 2010 08:00:00 EST

A recent study performed by a consortium of the National Institute of Health has found that the number of caesarean sections being performed in hospitals in the United States is increasing. Approximately 32% of all births in the United States now occur by caesarean section. The results of the study were recently published in the American Journal of Obstetrics and Gynecologists.

While caesarean sections are certainly necessary in instances where the mother's or fetus' health are at risk, concern has risen that caesarean sections are increasing due to impatience over prolonged labor. Factors suggesting such impatience include the increased use of drugs to induce labor and the performance of caesarean sections before the mother's cervix has dilated to six centimeters. Not only are caesarean sections more costly than vaginal births, but they pose additional risks such as surgical complications and placental abnormalities in later pregnancies.

Two Teens Killed in Northern Virginia Crash

blog@www.shevlinsmith.com (News Author)17267 — Wed, 25 Aug 2010 08:00:00 EST

A tragic car crash recently took the lives of two Northern Virginia teenagers. The crash occurred early in the morning on Sunday, August 16, on Logmill Road in the Haymarket area. Police report that the teens’ car was traveling east on Logmill Road when it lost control and was struck by a westbound car. An officer from the Prince William Police Department says that both alcohol and speed are thought to be factors in this fatal crash.

The two teenagers have been identified as eighteen-year-old Stephen Dixon and fifteen-year-old Derek Meffert. Mr. Dixon, who was driving the car at the time of the accident, was a 2010 graduate of Battlefield High School in Prince William County. His passenger, Derek Meffert, would have been a sophomore at Battlefield High School this fall.

The driver and the passenger in the other car were both flown to the hospital. Their names have not yet been released, but police indicate that the driver was a twenty-two-old man from Haymarket and the passenger was a sixteen-year-old girl from Gainesville.

We extend our sincere condolences to the families of Stephen Dixon and Derek Meffert, and we wish a speedy recovery to those injured in this accident.

Winchester OB/GYN is Sued for Medical Malpractice

blog@www.shevlinsmith.com (News Author)17093 — Fri, 20 Aug 2010 08:00:00 EST

Late last month, a medical malpractice complaint was filed against Dr. George M. Craft. Dr. Craft is an obstetrician and gynecologist at Winchester Women’s Specialists in Winchester.

The complainant, Amy Welton, alleges that she sought prenatal care from Dr. Craft in 2008 and 2009. Ms. Welton claims that she had a risky pregnancy because she was forty-one years old at the time of conception and had gestational diabetes.

When she had her final prenatal appointment in August 2009, Ms. Welton alleges that she told Dr. Craft that she felt decreased fetal movements, and that her blood pressure was elevated, but that Dr. Craft failed to perform any tests or procedures to assess the well-being of the baby.

Two days later, Ms. Welton was admitted to the hospital for her scheduled C-Section. At that time, it was determined that the fetus had died.

Ms. Welton’s lawsuit alleges that the doctor was negligent in his care of her. Specifically, the complaint alleges that the doctor failed to diagnose Ms. Welton’s risk factors, failed to perform necessary assessments of the fetus, and failed to properly monitor Ms. Welton in the final stages of pregnancy.
We extend our sympathy to Ms. Welton for the loss of her child.

Read More About Winchester OB/GYN is Sued for Medical Malpractice

Prince William County Nun Killed by Drunk Driver

blog@www.shevlinsmith.com (News Author)16879 — Tue, 10 Aug 2010 08:00:00 EST

On Sunday August 1, 2010, Sister Denise Mosier and two other nuns were headed to Mass at Saint Benedict Monastery in Bristow when their car was hit by a drunk driver. The crash occurred on Bristow Road near Wright Lane in Bristow.

Police report that 23-year-old Carlos Montano crossed the center line of the road and crashed into the nuns' car at approximately 8:20 a.m. The causes of the accident are believed to be drunk driving and speeding.

Denise Mosier was riding in the backseat of the nuns' Corolla and was pronounced dead at the scene of the accident. The two other nuns were taken to the hospital in critical condition.

This is not the first time that Mr. Montano has driven drunk, according to police. This accident is his third DUI offense in five years. Prince William County police report that he has again been charged with drunk driving, along with involuntary manslaughter and driving on a revoked license related to a DUI offense.

Carolos Montano had also been taken into custody twice by immigration officers for being in the United States illegally; he was released both times.

We extend our heartfelt condolences to the friends, family, and colleagues of Sister Denise Mosier following her sudden and tragic death.

How Safe is Your Baby in the Hospital?

blog@www.shevlinsmith.com (News Author)16749 — Wed, 04 Aug 2010 08:00:00 EST

Earlier this year, Suzanne and Reed Libby's infant son was discovered to be missing from the nursery at the Virginia Hospital Center in Arlington County. Their son was quickly found in the room of another new mother, but not before that woman had breastfed the child, believing him to be her own infant son. According to the Virginia Hospital Center, the woman tested negative for HIV and other potentially serious illnesses that can be spread through breast milk, and the child did not suffer any long-term harm. But the hospital has refused to provide documentation of the tests conducted and the results of those tests to the Libbys.

This instance was terrifying for the parents, and it was also indicative of a serious healthcare problem. The mix-up occurred because a hospital aide failed to match the ID bracelets on the infant and mother. Inaccurate patient identification is a significant cause of medical errors in the maternity ward and in other areas of the hospital.

Other hospitals in the Washington area will not reveal whether breastfeeding mix-ups have occurred at their facilities, and they are not required to report them unless harm is done to the child.

New FDA Study Suggests Misuse of Medical Devices

blog@www.shevlinsmith.com (News Author)16748 — Wed, 04 Aug 2010 08:00:00 EST

New FDA Study Suggests Misuse of Medical Devices Leads to Injuries for Children and Teens

A recent FDA study estimates that 70,000 children and teenagers go to the emergency room each year because of physical problems created by medical devices. Approximately 6 percent of those 70,000 children required hospitalization. The rest were able to be treated in the emergency room.

The study found that while malfunctioning medical devices are one reason for emergency room visits, misuse of medical devices by medical professionals is another cause of serious injuries to children and teens.

Misuse of medical devices and failure to diagnose problems are matters that can be identified and may be preventable. A doctor from Chicago's Children's Memorial Hospital, who was not involved in the study, suggests that health-care providers need to be more aware of the possibility that infection and other injuries may be caused by treating chronically ill children at home. Awareness can lead to faster diagnoses and fewer problems.

Additionally, health care professionals need to be aware that many of the devices they are using were intended for adult use, and may therefore be unsafe for children or teens.

The FDA is reviewing the study to determine if additional warnings should be required on FDA-approved devices to prevent serious injuries and infections in children and teenagers.

UVA, INOVA Fairfax Hospital Awarded NHTSA Grant to Study Older Drivers

blog@www.shevlinsmith.com (News Author)16618 — Thu, 29 Jul 2010 08:00:00 EST

Last week, the National Highway Traffic and Safety Administration (NHTSA) announced the awarding of a $2.5 million federal grant to the University of Virginia and INOVA Fairfax Hospital. The grant will establish the Crash Injury Research and Engineering Network (CIREN), a research program to study older drivers.

The CIREN Center will use engineering and medical expertise to investigate and analyze crash data. The purpose of the CIREN Center is twofold. One of the goals of the CIREN Center is to help older drivers maintain their independence; the other is to help them drive safely, thereby reducing the injuries they cause to themselves and to those with whom they share the road.

New alliances with organizations such as the AARP and the Insurance Institute for Highway Safety are expected to add to the work done by the Center. AARP’s involvement will include outreach to the approximately 38 million elderly Americans who can benefit from the CIREN Center’s findings.

Various CIREN Centers operate on NHTSA grants throughout the country, and each focuses on different ways to help improve safety on America’s roadways and prevent serious injuries and fatalities.

Data from the UVA, INOVA Fairfax Center should help save lives of older Americans and help them maintain their independence for as long as possible.

Read More About UVA, INOVA Fairfax Hospital Awarded NHTSA Grant to Study Older Drivers

New Study Finds that Doctors Do Not Always Report Incompetent Colleagu

blog@www.shevlinsmith.com (News Author)16443 — Sat, 24 Jul 2010 08:00:00 EST

The results of a study conducted by Massachusetts General Hospital were made public earlier this month. The study looked at whether doctors report other doctors who are incompetent or impaired by substance abuse.

The study found that more than 30 percent of the two thousand physicians who responded to the survey did not believe that they should have a responsibility to report incompetent or impaired doctors, despite the fact that most professional medical organizations require doctors to do so, and despite the fact that patients’ safety may be at risk.

The study also found that 17 percent of the doctors surveyed had encountered an impaired or incompetent doctor during the last three years, but only two thirds of them actually turned the doctor in.

The three most commonly stated reasons for failure to report an incompetent doctor were: (1) a belief that someone else would take care of the problem; (2) a belief that nothing would happen if the doctor were reported; and (3) fear of retribution.

Doctors did indicate that they were more likely to report impaired doctors than incompetent doctors because incompetence is a subjective judgment. Medical organizations are now encouraging doctors to report both impairment and incompetence in order to protect patients in the future.

Read More About the New Study that Finds that Doctors Do Not Always Report Incompetent Colleagues

Virginia's New Speed Limit Laws

blog@www.shevlinsmith.com (News Author)16271 — Sun, 18 Jul 2010 08:00:00 EST

A new law went into effect in Virginia on July 1, 2010. The state law allows Virginia Transportation officials to raise speed limits from 65 mph to 70 mph on roads in Virginia. So far, the speed limit has only been raised to 70 mph on a portion I-295 between Petersburg and I-64. But a portion of every interstate in the Commonwealth of Virginia is being considered for an increased speed limit.

One such area is Interstate 66 between U.S. 29 in Gainesville and the Prince William Parkway. The Virginia Department of Transportation (DOT) is studying the width of the traffic lanes, the history of accidents, and how well the speed limit is enforced on those four miles of road in Northern Virginia.

It is too soon to predict how many roads will have their speed limits increased and what the effect will be on the Commonwealth. The cost of studying, implementing, and enforcing the change must be considered. Additionally, the potential effect on the safety of those who use Virginia roads must be carefully assessed.

Read More About Virginia’s New Speed Limit Laws

D.C. Hit and Run Results in Catastrophic Injuries

blog@www.shevlinsmith.com (News Author)16084 — Mon, 12 Jul 2010 08:00:00 EST

Late last month, at around 10:30 p.m. on a Friday night, thirty-five-year-old Todd Beckett was riding his motorcycle on 13th Street in Northwest D.C. when he was hit by a vehicle. After the car hit Mr. Beckett, three teenage girls got out of the car and yelled to the driver not to back up. But the driver did back up over Mr. Beckett, and dragged him for more than one block before he got free.

Mr. Beckett suffered serious injuries and required three surgeries in the first week following the accident. More surgeries are expected.

The driver of the car left the scene of the accident and has not yet been identified. The girls say they met the driver through Facebook. The car has been identified and located. The owner of the car, who was allegedly a passenger in the car on the night of the accident, is under investigation because he is reportedly not cooperating with police.

Mr. Beckett is married. He mentors teens and volunteers at his church. He was two blocks from home when this catastrophic accident occurred.

We extend our best wishes to Mr. Beckett for a full and speedy recovery.

Read More About D.C. Hit and Run Results in Catastrophic Injuries

White House Unveils Patients' Bill of Rights

blog@www.shevlinsmith.com (News Author)16083 — Fri, 09 Jul 2010 08:00:00 EST

As part of the health-care reform package, President Obama recently announced a Patients’ Bill of Rights. The Bill of Rights will take effect later this summer. Some of the key provisions of the new rules include:

Children can’t be denied health insurance coverage because of pre-existing conditions
No lifetime limit on insurance coverage
Encouragement of a patient’s choice of doctors; and
Removal of insurance company barriers to emergency care

The goal of the Patients’ Bill of Rights is to create better medical outcomes for patients. Insurance companies should no longer be allowed to interfere with patients’ efforts to obtain reasonable medical care.

It may take some time to see whether these changes result in better medical care. The rules will go into effect in late September, and some of them will take years to fully implement. The goal of the Bill of Rights, like the goal of the health-care reform law, is to provide better and more affordable health care.

Of course, the care that individual patients get from their doctors is still the most important determinant of the outcome of health-care reform. We encourage patients to remain vigilant about the quality of care they are receiving from their physicians, and to report any perceived medical malpractice.

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Virginia's Memorial Day Weekend Accident Statistics

blog@www.shevlinsmith.com (News Author)15566 — Wed, 30 Jun 2010 08:00:00 EST

The first holiday weekend of the summer season is behind us. Memorial Day Weekend undoubtedly left many Virginians with happy memories of friends and family, but it left others with tragic memories of horrific car accidents.

According to the Virginia State Police, the following occurred in our state over Memorial Day Weekend 2010:

Ten people were killed on Virginia roads. This is up from seven fatalities over Memorial Day Weekend 2009
The State Police investigated 646 car crashes
More than 10,000 people were stopped by the State Police for speeding
2.609 people were stopped by the State Police for reckless driving
121 drivers were charged with DUI
1,000 adults were ticketed for not wearing seat belts
307 tickets were written because children were not properly restrained

We extend our sympathies to the families of the ten people who lost their lives in motor vehicle accidents over Memorial Day Weekend, and we wish a speedy recovery to all those who were injured in motor vehicle accidents over the holiday weekend.

The summer season is traditionally when more car crashes, truck accidents, and motorcycle wrecks occur. Please drive safely, avoid distractions and alcohol, and enjoy the season with your family and friends.

Read More About Virginia’s Memorial Day Accident Statistics: What You Need to Know

Berryville High School Student Killed in Accident

blog@www.shevlinsmith.com (News Author)15739 — Tue, 29 Jun 2010 08:00:00 EST

Seventeen-year-old Aaron Benjamin Shirley of Berryville had his whole life ahead of him. Next fall, he would have been a senior at Clarke County High School, where he enjoyed playing football—if not for the accident that claimed his life earlier this month.

On the night of June 18, 2010, Aaron was riding in the bed of a pickup truck driven by another teenager and carrying four young people plus the driver in the cab of the truck. The driver was heading east on Summit Point Road when he took a curve too fast, hit an embankment and a tree, and then overturned. Aaron was thrown from the back of the pickup truck and was pronounced dead shortly after 12:30 a.m. on June 19.

The five other people in the truck were all injured and taken to Winchester Medical Center. One girl was later airlifted to Inova Fairfax Hospital because of the seriousness of her injuries.

Police are still investigating this accident but believe that both alcohol and speed were factors in the crash and in Aaron’s death.

We extend our condolences to the family, friends, and classmates of Aaron Shirley, and hope that future drunk driving and reckless driving tragedies can be avoided this summer.

Study: Adults and Teens are Both to Blame for Distracted Driving

blog@www.shevlinsmith.com (News Author)15737 — Mon, 28 Jun 2010 08:00:00 EST

Earlier this month, the Pew Research Center’s Internet and American Life Project released the results of a new study. The study found that adults are just as likely as teenagers to text and drive. Specifically, the study found 47 percent of adults who use text messaging admit to texting and driving, compared to only 34 percent of teenagers. Those numbers were then adjusted for the percentage of each population that texts, and the study concluded that 27 percent of adults text and drive and 26 percent of teenagers text and drive.

Adults didn’t do much better when it came to talking on their cell phones while driving. The study found that 61 percent of adults talk on their cell phones while driving, compared to 43 percent of sixteen- and seventeen-year-olds.

The study is important because cell phone use while driving leads to many serious accidents every year. Cell phone use and driving is not just a problem among teenage drivers. The study recommends that both adults and teenagers be taught the dangers of distracted driving, put down their phones, and concentrate on driving safely.

Study: Major Infection Control Problem at Outpatient Surgical Centers

blog@www.shevlinsmith.com (News Author)15736 — Fri, 25 Jun 2010 08:00:00 EST

A new federal study released earlier this month and published in the Journal of the American Medical Association found that same-day surgery centers, also known as outpatient surgical centers or ambulatory surgical centers, have serious problems with infection control.

Inspectors visited sixty-eight centers and told staff who they were and what they were doing. Yet, 67 percent of the centers had at least one mistake in infection control and 57 percent were cited for deficiencies during these visits. Some of the problems that researchers found were failure to wash hands before touching a patient, failure to wear gloves when working with a patient, failure to properly clean blood-glucose meters, and reusing single-use devices for multiple patients.

Any of these breaches could have led to serious infections that would have endangered the lives of patients. It is estimated that approximately 6 million procedures are conducted annually in the United States at outpatient surgical centers.

This study was conducted by the Centers for Medicare and Medicaid Services because little was known about how the more than 5,000 ambulatory surgical centers participating in the Medicare program adhered to important infection-control procedures. The study results appeared in the June 9, 2010 issue of the Journal of the American Medical Association.

Cyclist Hit by 2 Cars in Washington D.C. Dies From Injuries

blog@www.shevlinsmith.com (News Author)15568 — Mon, 21 Jun 2010 08:00:00 EST

On Friday, June 4, 2010, a 42-year-old bicycle rider was killed on Southern Avenue SE in Washington D.C. David Haywood Williams was pronounced dead at Prince George’s Hospital Center at 11:38 Friday night.

Mr. Williams was riding in the 1400 block of Southern Avenue SE when he was hit by not one, but two different cars. The first car has been identified as a 2004 Chevrolet Suburban. The driver left the scene of the accident, but later returned and told police that he did not realize that he had hit anyone. The driver of the Suburban has not been identified.

After the Suburban hit Mr. Williams, and before bystanders could come to his aid, he was hit by another vehicle. The witnesses called 911 and emergency personnel were called to the accident scene. As the paramedics arrived, however, the driver of the second car left the scene of the accident. Police are searching for a dark blue compact car, probably a Nissan or a Toyota. Two passengers are believed to have been in that car at the time of the accident.

It is unclear whether Mr. Williams was alive after the first accident or whether he could have survived those injuries. We extend our sympathies to Mr. Williams’ family and friends during this difficult time.

Read More About Cyclist Hit by Two Cars in Washington D.C. Dies From Injuries

Father and Son Seriously Hurt in Arlington Pedestrian Accident

blog@www.shevlinsmith.com (News Author)15220 — Fri, 28 May 2010 08:00:00 EST

A 31 year old man and his young son were hurt crossing Lee Highway in Arlington, Virginia last week. This pedestrian vehicle accident occurred around 8:30 a.m. on Thursday May 20, 2010 in the 4800 block of Lee Parkway.

According to the Arlington County Police Department, the father and his child were crossing the road when the father was hit by the side view mirror of a motor vehicle. The impact caused the father to fall to the ground and the father’s fall caused the toddler to fall to the ground. The father and his young son sustained serious injuries in the accident.

Both the father and son were taken to the hospital. The father was reported to be in stable condition and the child was reported to be in critical condition the day after the accident.

The driver of the vehicle did remain at the accident scene and is reported to be cooperating with police. The police are still investigating the cause of the accident. The names of the driver and the injured father and son have not yet been released.

We extend our sympathy to the injured father and child and our best wishes for a full and speedy recovery.

Read More About Father and Son Seriously Hurt in Arlington Pedestrian Accident

Government Encourages Safe Biking

blog@www.shevlinsmith.com (News Author)15219 — Fri, 28 May 2010 08:00:00 EST

While traffic fatalities have been falling in recent years, the number of bicycle fatalities has been rising. Our streets are becoming more congested with both motorists and bicyclists and it is getting more difficult and dangerous to share the road.

Yet, people are going to have to find a way to commute safely on different modes of transportation. Just last month Secretary of Transportation Ray LaHood announced a significant change in federal government policy. According to Secretary LaHood, motorized transportation will no longer be favored at the expense of bicyclists and pedestrians.

In an effort to educate motorists and bicyclists about the benefits of biking to work, Bike to Work Week was held in Washington D.C. last week. People were encouraged to ride bikes to work to reduce our dependency on fuel, to reduce pollution, and to improve personal health. To keep the momentum of last week’s event going and to protect bicyclists and motorists from future tragedies, Washington D.C. has committed to creating more bike lanes so that people can get around the city safely.

The government and national biking associations remind people that both motorists and bicyclists must obey the rules of the road and look out for the safety of others in order to prevent needless tragedies.

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Six Year Old Boy Dies After Dental Procedure at VCU

blog@www.shevlinsmith.com (News Author)15054 — Thu, 20 May 2010 08:00:00 EST

Last week six year old Jacobi Hill went to VCU’s Department of Pediatric Dentistry to get caps put on his back teeth and he never came home. Jacobi died of cardiac arrest while under anesthesia for the routine dental procedure.

Reports indicate that members of the Virginia Commonwealth University’s Pediatric Dentistry Department worked on Jacobi and that he was taken to the emergency room. However, the efforts of those who tried to save his life were not enough.

According to his family, Jacobi had a physical with a pediatrician the day before his dental surgery who concluded that the boy was in good health and ready for dental surgery. The family is now seeking answers about how a healthy six year old boy could die during dental surgery and so too are others. An internal investigation is currently underway at the dental clinic which serves children from birth to age sixteen and an autopsy was scheduled to be performed at the end of last week.

Meanwhile, this family is left to mourn the needless death of their beloved Jacobi who should’ve been finishing his first year of school and looking forward to the summer.

Jacobi’s untimely death was a tragic event and we send our condolences to all who knew and loved Jacobi Hill.

Read More About Six Year Old Boy Dies After Dental Procedure at VCU

King George Teen Dies in Fatal Car Crash on Prom Night

blog@www.shevlinsmith.com (News Author)15053 — Thu, 20 May 2010 08:00:00 EST

May is prom season in the metro DC area and this year, as in years past, prom night has ended the life of a Virginia teenager. Earlier this month, five teenagers left the King George High School prom and got into a car to go to an after prom party.

Shortly after 1 a.m., the teens were in an accident at the intersection of Caledon Road and Basil Road in King George. The driver lost control of the car, ran off the road, hit a utility pole and rolled over several times. The driver and three out of the 4 passengers were ejected from the car. Police believe that speed was a factor in the accident.

Two of the teens had to be airlifted and three taken by ambulance to Mary Washington Hospital. A 16 year old passenger in the car, Anthony Feather, died from his injuries after reaching the hospital. He was a member of the King George football team.
We extend our sympathies to the family and friends of Anthony Feather and we hope for the full and quick recovery of the other teenagers involved in the tragic prom night accident.

Read more about King George Teen Dies in Fatal Car Crash on Prom Night

New Virginia Law Seeks to Protect Student Athletes From Brain Injuries

blog@www.shevlinsmith.com (News Author)14675 — Wed, 12 May 2010 08:00:00 EST

Last month, Governor McDonnell signed a new bill into law. The law, which was unanimously passed by the General Assembly, was created to protect student athletes from the serious and potentially long term effects of concussions.

A concussion is a brain injury that interferes with the way the brain normally works. According to the CDC, even a slight concussion can be serious.

Since concussions are one of the most common sports injuries incurred by student athletes, the new law sets forth specific steps that must be taken to protect our state’s school sports participants from serious harm. According to the law, student athletes and parents must review information about concussions and sign a form that they are aware of the risks. If a coach or team doctor suspects that a student may have suffered a concussion then the student must be immediately removed from the practice or the game and may not return until he or she has had a medical evaluation and has written documentation that he or she is cleared to play.

Students who continue to play sports after a concussion risk traumatic brain injuries and possibly death.

The first phase of the new law doesn’t take effect until the summer of 2011. However, the Virginia brain injury lawyers of Shevlin Smith encourage school districts, coaches, parents and students to think about the long term effects of their actions and not to force or encourage students who’ve been hit in the head to continue to play.

Government Study's Findings About The Prevalence Of Hospital-Based Infections Called "Astonishing"

blog@www.shevlinsmith.com (News Author)3590 — Thu, 27 Aug 2009 08:00:00 EST

Study Finds Radiation Risk for Patients

blog@www.shevlinsmith.com (News Author)10162 — Thu, 27 Aug 2009 08:00:00 EST

According to a study pubished in the New England Journal of Medicine, over 4 million Americans are exposed to high doses of radiation from medical imaging studies. Nearly one-half million Americans are exposed at radiation doses that exceed those allowed for nuclear power plant workers. Increased exposure to radiation from medical imagin studies is believed to increase the risk of developing cancer.

FDA Panel Recommends Lowering Daily Dose of Acetaminophen

blog@www.shevlinsmith.com (News Author)9317 — Mon, 06 Jul 2009 08:00:00 EST

An FDA panel of 37 experts studying the use of medications containing acetaminophen. Acetaminophen is a painkiller medication, most commonly found in drugs such as Tylenol, Vicodin and Percocet. Acetaminophen is a leading cause of liver failure. The panel of experts recommended that the maximum recommended single dose of acetaminophen be reduced to 650 milligrams per day, and that the drugs Vicodin and Percocet be eliminated. While the FDA is not required to adopt the recommendations made by the panel of experts, it usually does. The FDA has issued an FAQ for consumers.

Studies Call Into Question Value Of Prostate Screening Test

blog@www.shevlinsmith.com (News Author)7801 — Mon, 06 Jul 2009 08:00:00 EST

The PSA blood test is a screening test that measures a protein produced by cells in the prostate gland. The test is used to screen patients for the possible presence of cancer in the prostate. The general thought is that the higher a PSA score, then the more likely that cancer is present. Two recent studies have called into question whether the PSA test actually saves lives. These studies do not contest the reliability of the PSA test itiself. Rather, the studies call into question whether early detection of prostate cancer through PSA testing actually saves lives. The studies are continuing, so additional data could potentially lead to new results.

Shevlin Smith is a boutique law firm that specializes in the representation of victims of medical malpractice. We handle cases in Washington, D.C. and all of Virginia. We have extensive experience handling cancer cases. Please contact us if you beleve that you or a loved may have been a victim of medical malpractice.

Study Shows Link Between Death and ADHD Drugs

blog@www.shevlinsmith.com (News Author)9031 — Wed, 17 Jun 2009 08:00:00 EST

A new study published in the American Journal of Psychiatry shows a link between the use of ADHD drugs such as Ritalin and Adderall and sudden death in children and adolescents. The study was funded by the Food & Drug Admininstration and the National Institute of Mental Health. The FDA has issued a statement indicated that the benfits of ADHD drug use still outweigh the risks, but has urged parents to discuss the safety issues with their children's doctors.

New Research Challenges Wisdom of Routine Removal of Ovaries

blog@www.shevlinsmith.com (News Author)8239 — Tue, 21 Apr 2009 08:00:00 EST

New research published in the May, 2009 journal Obstetrics & Gynecology challenges the wisdom of removing ovaries during a hysterectomy. This procedure is known as a bilateral oophorectomy. Historically, the performance of a bilateral oophorectomy during a hysterectomy was justified on the grounds that it would reduce a woman's risk of ovarian cancer. While research has confirmed that reduction in risk, new research has shown that the performance of a bilateral oophorectomy increases a woman's risk for heart disease, stroke and death, and this increased risk might be higher than the reduction of the risk for ovarian cancer.

"Best Lawyers in America" recognizes all three Shevlin Smith attorneys

blog@www.shevlinsmith.com (News Author)6552 — Thu, 04 Dec 2008 08:00:00 EST

Since 1983, Best Lawyers has compiled lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The newest edition, Best Lawyers in America (2008), is based on more than two million detailed evaluations of lawyers by other lawyers. Because lawyers are not required or allowed to pay a fee to be included, a listing in Best Lawyers is widely regarded within the legal profession as a signal honor, conferred on a lawyer by his or her peers. For 25 years, Best Lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere.

Federal Court Strikes Down Dangerous Trucking Law

blog@www.shevlinsmith.com (News Author)6551 — Thu, 04 Dec 2008 08:00:00 EST

A federal appeals court strikes down for the second time a Bush administration regulation that increased the number of hours that truck drivers are permitted to drive without rest.

Lives Saved in 2007 by Restraint Use and Minimum Drinking Age Laws

blog@www.shevlinsmith.com (News Author)6550 — Thu, 04 Dec 2008 08:00:00 EST

This month, the National Highway Traffic Safety Adminsitration (NHTSA) reported its statistics on the number of lives saved in 2007 by seatbelt use and by minimum drinking age laws. Nationally, over 15,000 lives were saved by seatbelt use in 2007, and over 800 lives were saved by minimum drinking age laws. In Virginia, over 300 lives were saved by seatbelt use alone. To see all of the statisitical data concerning seatbelt use and minimum drinking age laws, click here.

World Health Organization Issues a Checklist to Make Operations Safer

blog@www.shevlinsmith.com (News Author)6548 — Thu, 04 Dec 2008 08:00:00 EST

The New York Times reports that the World Health Organization has issued guidelines aimed at making operations safer. The guidelines are a list of simple safety checks that the health organization said could halve the rate of surgical complications. The guidelines are a list of simple safety checks that the health organization said could halve the rate of surgical complications. The guidelines seek to improve anesthetic safety practices, avoid infections and improve communication among members of surgical teams.

FDA Believes That Heparin Contamination Was Likely Intentional

blog@www.shevlinsmith.com (News Author)6546 — Thu, 04 Dec 2008 08:00:00 EST

The New York Times reports that the Food & Drug Administation (FDA) now believes that contaminates found in Heparin (a popular blood thinning medication) were added deliberately. Contaminated Heparin led to the 81 deaths and illnesses to hundreds earlier this year. The contamination is believed to have occurred at Chinese manufacturing plants, and resulted in part from the failure of the FDA to inspect that plant.

Safety Alert Issued for Heparin

blog@www.shevlinsmith.com (News Author)5829 — Mon, 29 Sep 2008 08:00:00 EST

This past week the Joint Commission has issued a safety alert concerning the use of blood thinners, including Heparin. The alert comes in the aftermath of almost 60,000 errors, 1,700 injuries, and 28 deaths involving blood thinners. The safety alert mandates that hospitals use stricter measures when administering blood thinners. These measures include bar-coding technology for medicines or computerized drug orders, and the storage of adult-strength heparin away from children's units.

FDA Identifies Potential Problem Drugs

blog@www.shevlinsmith.com (News Author)5655 — Wed, 10 Sep 2008 08:00:00 EST

Last year, Congress ordered the Food & Drug Administration (FDA) to post quarterly listings of medications under investigation. The FDA released its first quarterly listing this month, identifying the following drugs as under investigation:

1.    R-Gene 10, a growth hormone, pediatric overdose due to labeling/packaging confusion.
2.    Suprane, an anesthetic, cardiac arrest.
3.    Cymbalta, for depression and other conditions, urinary retention.
4.    Intelence, an HIV medication, bleeding into joints.
5.    Carac and Kuric, creams for skin conditions and fungal infections, name confusion.
6.    Heparin, a blood-thinner, serious allergic reactions.
7.    Extraneal, used in kidney dialysis, low blood sugars.
8.    Humilin R, for diabetes, dosing confusion.
9.    Stromectol and Warfarin, an anti-parasite drug and a blood thinner, drug interaction.
10. Tykerb, for advanced breast cancer, liver damage.
11. Revlimid, for multiple myeloma, severe skin blistering and bleeding.
12. Tysabri, for multiple sclerosis, skin melanomas.
13. Nitrostat, for angina, overdose due to labeling confusion.
14. Sandostatin LAR, for abnormal bone growth, bowel obstruction.
15. Oxycontin, a pain killer, drug misuse, abuse and overdose.
16. Definity, used in cardiac imaging, cardiopulmonary reactions.
17. Dilantin injection, for epileptic seizures, serious skin reaction.
18. Seroquel, for bipolar disorder, overdose due to sample pack labeling confusion.
19. Tyzeka, for chronic hepatitis B, nerve damage.
20. Tumor Necrosis Factor (TNF) Blockers, for juvenile arthritis, cancers in children and young adults.

Virginia Super Lawyers recognize Thomas G. Smith and Michael J. Shevlin

blog@www.shevlinsmith.com (News Author)5236 — Wed, 20 Aug 2008 08:00:00 EST

Thomas G. Smith and Michael J. Shevlin have been named by Virginia Super Lawyers magazine as two of the top attorneys in Virignia for 2008 in two areas of law -- Medical Malpractice and General Personal Injury. Only five percent of the lawyers in the state are named by Super Lawyers.

The selections for Super Lawyers are made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, Minn. Each year, Law & Politics undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by Law & Politics’ attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.

Law & Politics publishes Super Lawyers magazines across the country. In addition to the magazines, Law & Politics publishes newspaper inserts and magazine special sections devoted to Super Lawyers. In 2008, Super Lawyers will reach more than 13 million readers.

Super Lawyers was first published in Minnesota in 1991. William White, attorney and founding publisher, remains the publisher today. Law & Politics is owned by attorney Vance Opperman, the former president of West Publishing.

Super Lawyers can be found online at superlawyers.com, where lawyers can be searched by practice area and location.

Virginia Supreme Court Denies Charitable Immunity For Doctors

blog@www.shevlinsmith.com (News Author)4415 — Wed, 09 Jul 2008 08:00:00 EST

Brain injuries cause half of seniors' fall deaths

blog@www.shevlinsmith.com (News Author)5128 — Wed, 25 Jun 2008 08:00:00 EST

Tom Smith Named Washington D.C. Metro "Super Lawyer"

blog@www.shevlinsmith.com (News Author)4463 — Tue, 18 Mar 2008 08:00:00 EST

Tom Smith again has been named a Super Lawyer in the field of Plaintiff's Personal Injury:Medical Malpractice in Metro DC for 2008. He has previously received this honor in 2007 in both Metro DC and Virginia. Other attorneys in Virginia nominate and vote for honorees, and only 5% of the attorneys in Virginia receive this designation.

FDA Cautions Use of the Blood Thinning Drug Heparin

blog@www.shevlinsmith.com (News Author)4267 — Thu, 14 Feb 2008 08:00:00 EST

The New York Times reports that the Food and Drug Administration has cautioned against the use of Herapin, a popular blood-thinning drug. Concern has arisen after hundreds of patients experienced adverse reactions to the medication, including a number of deaths.

Two Northern Virginia Obstetricians Formally Reprimanded

blog@www.shevlinsmith.com (News Author)4054 — Wed, 16 Jan 2008 08:00:00 EST

This month the Virginia State Board of Medicine reprimaned two Northern Virginia obstetricians for their handling of births that resulted in devastating, lifelong injuries to infants during delivery. The reprimands become part of a doctor's permanent record and appear on a physician's public profile at www.vahealthprovider.com/search.asp The names of the two obstetricians are Dr. Evelyn Anna Ruelaz of Fairfax County and Dr. Regina Burton of Woodbridge. A recent news article in the Richmond Times-Dispatch announced the Board's findings.

Rhode Island Hospital Makes Third Brain Injury Mistake This Year

blog@www.shevlinsmith.com (News Author)3846 — Fri, 07 Dec 2007 08:00:00 EST

Mass General Hospital study finds gaps between doctors' standards and actions

blog@www.shevlinsmith.com (News Author)3845 — Fri, 07 Dec 2007 08:00:00 EST

Illinois Court Declares State Cap On Medical Malpractice Damages Unconstitutional

blog@www.shevlinsmith.com (News Author)3728 — Wed, 21 Nov 2007 08:00:00 EST

Bristol Myers Strengthens Warning on Ultrasound Drug Definity

blog@www.shevlinsmith.com (News Author)3563 — Fri, 12 Oct 2007 08:00:00 EST

Research Breakthrough Suggests New Treatment for Spinal Cord Injuries

blog@www.shevlinsmith.com (News Author)3445 — Tue, 25 Sep 2007 08:00:00 EST

A study out of The Medical University of South Carolina found that the drug atorvastatin, commonly known as Lipitor, helped animal models with hind-limb paralysis show significant functional recovery and less secondary tissue damage. The study is viewed as extremely valuable in efforts to preserve human neurological function and walking following spinal cord injuries. The study was published in the April 2007 issue of the Journal of Neurochemistry (101, 182-200).

New Discovery Shows Adult Human Brain Has Ability To Change Its Functioning - Findings May Lead To New Treatments For Brain Injured Patients

blog@www.shevlinsmith.com (News Author)3444 — Tue, 25 Sep 2007 08:00:00 EST

New treatments prevent brain injury after strokes in rats

blog@www.shevlinsmith.com (News Author)3443 — Tue, 25 Sep 2007 08:00:00 EST

Although these studies did not involve human trials, they are believed to have important potential implications for treatment of ischemic brain injury among humans.

New Clinical Study Casts Doubt About The Safety of Diabetes Drugs

blog@www.shevlinsmith.com (News Author)3380 — Thu, 13 Sep 2007 08:00:00 EST

This article published in the New York Times discusses the findings of two recent clinical studies that studied the safety of two different diabetes drugs. Both studies were published recently in the Journal of the American Medical Association. One study examined the risks associated with the drug Avandia. It found that the drug doubled the risks of heart failure and raised the risks of heart attack by 42 percent. These findings mirrored previous findings published in the New England Journal of Medicine concerning Avandia. A second study found that Actos, a similar drug to Avandia, actually lowered the risks of heart attacks, strokes and death but, like Avandia, also raised risks of heart failure.

Two-Year Study Questions The Safety Of Drug-Coated Stents For Heart Attack Patients

blog@www.shevlinsmith.com (News Author)3353 — Thu, 06 Sep 2007 08:00:00 EST

This article, which appeared in the Wall Street Journal, reported on a two-year study analyzing 2,300 patients in 14 countries. According to the study, patients given drug-coated stents after an acute heart attack are nearly five times as likely to die six months to two years later as compared to those with bare metal stents. Doctors at the European Society of Cardiology meeting said the finding showed the need to be very selective about giving drug stents to the right patients. At the same time, experts emphasized that there were differences among the patients in the study that could have affected the outcome, and that these findings aren't the final word on the safety of drug-coated stents for heart-attack patients.

Pattern of Greed 2007: How Insurance Companies Put Profits Over Policyholders

blog@www.shevlinsmith.com (News Author)3344 — Wed, 05 Sep 2007 08:00:00 EST

This article published by the American Association for Justice examines the record profits earned by property casualty companies this decade and questions the track record of these companies in handling policyholder claims following some of the biggest natural disasters in U.S. history. Its findings are likely to shock you.

Dangers of Drug Patches Overlooked

blog@www.shevlinsmith.com (News Author)3265 — Mon, 27 Aug 2007 08:00:00 EST