May 11, 2008
Firm News
- Lead Harms Children at Lower Levels Than Federal Standard
A report from teh Centers for Disease Control and Prevention shows that the U.S. standard for lead-based paint may be too high. A government advisory panel is urging lawmakers to lower the level of lead permissible in paints because the level of lead required to poison a child is lower than the current federal standard. - Another Case of TB Patient Criss-Crossing Border
A Mexican national infected with tubreculosis has crossed the U.S. border as many as 76 times in the last year without detection. - Critics: ConAgra Mishandled Recall
- More Toys Recalled Due to Lead
Another 500,000 toys and other Chinese products are being recalled due to lead poisoning risks. This time the list includes: wooden toys from KB toys, Baby Einstein coloring blocks, Eveready "Pirates of the Carribbean" flashlights, Frankenstein tumblers from Dollar General, Children's Toy Decorating Sets from Toys 'R' Us, key chains from Dollar General, aluminum water bottles from Sports Authorities, and bookmarks from Antioch Publishing. - Crocs Shoes Dangerous on Escalators
The popular shoe brand, Crocs, may be dangerous on escalators, where the rubber shoes can become caught. - Some Elderly Stop Taking Meds When Insurance Runs Out
Some elderly simply stop taking their medications when the insurance company stops paying for it, researchers with the Rand Corporation say. - Medical Illiteracy Can be Deadly for Elderly
A study of patients 65 years of age and older shows that those who failed to understand basic written instructions on their pill bottles are much more likely to die within six years than those who do understand. - One Million Children Not Getting Proper Shots; Insurance Plans to Blame
New study suggests its better for some children to have no insurance than insurance that only covers old shots. - Diet Coke Linked to Same Health Risks as Regular
Adults who drink a diet coke or more a day have the same risk of metabolic syndrome as those who drink regular coke. - VDOT Study: Red Light Cameras Increase Rear End Collisions
A Virginia Department of Transportation study shows that the presence of red light cameras increases the prevalence of rear end collisions. - Judge OK's Zyprexa Class Action Suit
- Military Health Care System Needs Work, Says Pentagon
- More Kids Injured by "Roller Shoes" Than Thought
Roller shoes account for about 1,600 emergency room visits a year. - VA Hospital Admits Liability in Wrongful Death Suit
The federal government settled a wrongful death suit with the widow of a man who overdosed in the Hampton Veterans Affairs Medical Center in 2001. - Motorcyclist Killed Near Virginia Commonwealth University
- Tort Reform Hypocrisy
- Local Vets Report Pet Food Recall Victims In Loudoun
- Husband Sues WMATA in Fatal Accident
- Insurance companies looking at education and income
- Another pedestrian killed by Metrobus
- FDA Tracks Salmonella to Georgia Peanut Butter Plant
- Need Insurance Company Contact Information? Click Here?
- Virginia Supreme Court ruling clears up whether a law had been recorded incorrectly
- 20 hurt after D.C. subway train derails
- Hospital Infections: A Deadly Epidemic
- Drunken Driving Accidents Decline in 2006
- Judge Reduces Vioxx Verdict
- Judge refuses to kill lawsuit against insurers
- Merck Judge Refuses Class-Action Status for Vioxx
- Prince William Crash County's Deadliest Since 1997
- How Insurance Companies Avoid Liability
- Virginia Senate Candidates Differ on Tort Reform
- Virginia sheriff, 12 employees indicted
- Jeremy Flachs in Action: Examples of Successful Cases
- Indiana Man Wins $20 Million Verdict v. Allstate
- Kentucky Man Wins $700,000 Car Accident Verdict
- Judge Throws Out Vioxx Verdict
- Laptop Computer Battery Recalls Will Cost Sony Millions
- 2006 Sees Increase in Car Safety Recalls
- Brain Injury From Construction Accident
28 year old Marine severely injured when vehicle struck channelizing barrel/drum weighted with a large rock which was propelled through the windshield of his car striking him in the head. - Police Departments Nationwide Drop Recruiting Standards
- AHAS Advises Congress of Flaws in Large Truck Crash Studies
- Off-Duty Alexandria Police Officer Guns Down 18-year-old at IHOP
- Bush, Big Business Continue Clampdown on Civil Rights
- Firm hires paralegal bi-lingual in Spanish
- Firm attorney admitted to DC Bar
Lead Harms Children at Lower Levels Than Federal Standard
Another Case of TB Patient Criss-Crossing Border
The Washington Times reports that the Customs and Border Protection agency was warned by health officials as early as April 16 that the traveler was infected with TB, but Homeland Security waited more than six weeks to issue an alert to border inspectors. The man was infected with the Multi-drug-resistant strain of tuberculosis, which is highly contagious and resists the two most commonly used drugs.
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Critics: ConAgra Mishandled Recall
OMAHA, Neb. (AP) — Critics say ConAgra Foods Inc.'s delay in recalling pot pies linked to a nationwide salmonella outbreak increased the chance that more people would become sick, opened up the company to greater liability, and exposed a key weakness in the nation's food safety system: voluntary recalls.
For more information, follow the link below.
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More Toys Recalled Due to Lead
Crocs Shoes Dangerous on Escalators
Some Elderly Stop Taking Meds When Insurance Runs Out
Medical Illiteracy Can be Deadly for Elderly
One Million Children Not Getting Proper Shots; Insurance Plans to Blame
Diet Coke Linked to Same Health Risks as Regular
VDOT Study: Red Light Cameras Increase Rear End Collisions
Judge OK's Zyprexa Class Action Suit
Military Health Care System Needs Work, Says Pentagon
The Pentagon released a report on Friday detailing the shortcomings of the military's health care system. Among the chief concerns were the lack of financial resources and fully trained personnel to fit the country's needs. The plan calls for changes to policies to reflect the current konwledge about psychological health and to ensure that the military health network's provisoins fulfill beneficiaries' mental health needs.
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More Kids Injured by "Roller Shoes" Than Thought
The U.S. Consumer Product Safety Commission reports that children injure themselves more often than you might think while wearing roller shoes. The shoes, which have a rollerskate-type wheel in the heel, are responsible for about 1,600 emergency room visits a year.
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VA Hospital Admits Liability in Wrongful Death Suit
The United States has settled with Glen Brennan's widow for $210,000. Brennan, 35, died in June of 2001 of a drug overdose. The hospital's mental health services center has a no-visitors policy for patient safety, but officials now believe that Brennan had somehow obtained smuggled drugs.
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Motorcyclist Killed Near Virginia Commonwealth University
Phillip Stanley, 59, died yesterday afternoon after his motorcycle ran into the back of a 2003 Chevy TrailBlazer on Interstate 64. The passenger on the back of Stanley's Harley-Davidson is being treated for non-life threatening injuries. Both Stanley and his passenger were wearing helmets at the time of the crash.
The driver of the TrailBlazer was uninjured. He was cited for driving with a broken left rear brake light.
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Tort Reform Hypocrisy
The Center for Justice and Democracy has compiled an interesting list of some of the more lawsuit-happy members of the Tort Reform movement. The names on the list may surprise you.
For more information, follow the link below.
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Local Vets Report Pet Food Recall Victims In Loudoun
Frantic pet owners across the nation have been swarming veterinary offices with dogs and cats that have been affected by a deadly pet food. According to the U.S. Food and Drug Administration, which is conducting an investigation of the contaminated food and the manufacturer Menu Foods, 14 animals nationally had died of acute kidney failure by March 24 as a result of eating one of 95 brands of contaminated pet foods.
On a local level, Loudoun vets are reporting that, while there have been no fatalities at this point, there have been several dogs and cats that have suffered kidney failure and kidney disease. Seven veterinary clinics and animal hospitals in Loudoun reported the incidents; three of those offices had only one patient whose ailments vets thought were related to the pet food recall, but four others confirmed multiple cases and did not want to release the number of food recall-related cases to Leesburg Today.
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Husband Sues WMATA in Fatal Accident
The husband of an Alexandria woman who was struck and killed by a Metrobus in downtown Washington last month filed a wrongful death lawsuit in federal court yesterday, seeking $100 million in damages from the transit agency.
The lawsuit, filed in U.S. District Court in Washington, was brought by Gregory Schoenborn, whose wife, Martha Stringer Schoenborn, 59, was crossing Pennsylvania Avenue NW with a friend and co-worker about 6:40 p.m. Feb. 14 when they were struck by a bus turning left from northbound Seventh Street.
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Insurance companies looking at education and income
Insurance companies are looking at education and employment levels of policyholders, and offering lower rates to those with higher paying jobs and more education.
For more information, follow the link below.
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Another pedestrian killed by Metrobus
WASHINGTON Another pedestrian has been struck and killed by a Metrobus.
Last night's accident follows one on Wednesday in which two women were killed.
The latest collision occurred at about 11 p-m in southeast Washington. A Metro spokeswoman says a woman carrying packages was hit after she stepped out of a parked car and into the street. She was pronounced dead at a hospital just before midnight.
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FDA Tracks Salmonella to Georgia Peanut Butter Plant
Federal inspectors found the strain of salmonella that tainted peanut butter made at the ConAgra Foods plant in Sylvester, Ga., the Food and Drug Administration said yesterday.
Government and industry officials have said the contamination may have been caused by dirty jars or equipment.
For more information, follow the link below.
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Need Insurance Company Contact Information? Click Here?
While insurers make it very easy to find them if you want to buy a policy, filing a claim with them is a different matter.
Jeremy Flachs has compiled a list of claims department contact information for every major insurance company operating in the United States.
For more information, follow the link below.
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Virginia Supreme Court ruling clears up whether a law had been recorded incorrectly
The Virginia Supreme Court overturned Friday a lower court ruling in a personal-injury lawsuit, a decision that allows a woman to pursue a $400,000 claim over a Route 17 traffic accident in York County.
The state Supreme Court overturned a ruling by York-Poquoson Circuit Judge Prentis Smiley Jr., who initially dismissed the woman's lawsuit after concluding a "scrivener's error" existed in a section of Virginia law. Smiley essentially ruled that the law was written down wrong and did the opposite of what lawmakers intended.
For more information, follow the link below.
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20 hurt after D.C. subway train derails
WASHINGTON — A subway train derailed Sunday near downtown Washington, sending 20 people to the hospital and prompting the rescue of 60 people from a tunnel, officials said.
The accident happened at about 3:45 p.m. near the underground Mount Vernon Square station, which serves two lines beneath the Washington Convention Center, Metro spokeswoman Cathy Asato said. There were about 150 people on the train.
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Hospital Infections: A Deadly Epidemic
Staph and other hospital infections are causing 100,000 deaths a year.
For more information, follow the link below.
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Drunken Driving Accidents Decline in 2006
Alcohol-related crashes and injuries have been declining in the Washington suburbs and fatalities have dropped significantly, a new two-year study shows.
Even as New Year's Eve remains the most dangerous night for drunken driving crashes, the developments are fueling optimism among the people whose mission is to push for sobriety behind the wheel.
For more more information, follow the link below.
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Judge Reduces Vioxx Verdict
NEW YORK (Reuters) - A Texas judge has entered a verdict of about $8.7 million against Merck & Co. over its withdrawn Vioxx painkiller, according to documents provided on Thursday by the company.
A jury in Starr County, Texas had awarded $32 million in April to the family of a 71-year-old man, Leonel Garza, who had taken the drug. A judgment by Judge Alex Gabert entered December 21 reduced the punitive damages in the case, pursuant to state limits.
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Judge refuses to kill lawsuit against insurers
NEW ORLEANS (AP) — A federal judge refused to throw out a lawsuit for damages from Hurricane Katrina's floods, saying the language excluding water damage from some policies is ambiguous.
The 85-page ruling by U.S. District Judge Stanwood Duval Jr. covered several cases that had been consolidated because they were similar. He immediately sent the decision to the 5th U.S. Circuit Court of Appeals for review.
There is no timetable for that review, plaintiffs' attorney Joseph Bruno said. Still, he was optimistic.
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Merck Judge Refuses Class-Action Status for Vioxx
Merck & Co. won a bid to block users of its Vioxx painkiller who claim the drug contributed to heart attacks and strokes from suing as a group.
U.S. District Judge Eldon Fallon of New Orleans refused to grant class-action status to Vioxx users throughout the country who claim personal injury and wrongful death as a result of taking the drug, which was pulled from the market in 2004. Fallon ruled that the differences among the individual claims were too great to permit them to be tried together.
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Prince William Crash County's Deadliest Since 1997
MANASSAS PARK, Va. -- Prince William County, Va., police said a weekend car crash that left four people dead is the deadliest they have seen since 1997.
Three cars were involved, and 12 people were hurt.
Police said the drivers of two of the cars were unsuspecting victims.
That after a night of drinking and dancing at the Confety's Restaurant, seven people loaded into a Dodge Intrepid and headed toward Fairfax on Route 28 at about 80 mph, police said.
"We're three for three, unfortunately, on this accident," a police officer said. "We have alcohol involved with someone driving, we have high rate of speed, and we have no one wearing their seatbelt inside this vehicle."
For the rest of the story, follow the link below.
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How Insurance Companies Avoid Liability
Insurers have more than a few tricks of the trade to keep settlements low.
In this article, you can find out what they are and how to avoid them.
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Virginia Senate Candidates Differ on Tort Reform
Senator George Allen (R) and his opponent Jim Webb (D) have taken opposing stands on tort reform.
In an interview with the
National Association of Wholesaler-Distributors, Senator Allen supported tort reform legislation, and was quoted as saying "...Frivolous lawsuits have a negative effect on our economy."
In contrast, Democratic Candidate Jim Webb came out
firmly against tort reform, citing a series of statistics that show that tort filings have been on the decline, and that tort reform would help big business at the expense of the average citizen.
For more information, please follow the links below to the websites of both candidates.
www.georgeallen.com
www.webbforsenate.com
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Virginia sheriff, 12 employees indicted
(Associated Press)
Roanoake, VA- A sheriff and 12 current and former uniformed employees were charged in a racketeering indictment unsealed Thursday that claims drugs and guns seized from criminals were filtered back to the community.
A U.S. Postal Service employee, a probation officer and five citizens also were charged in the 48-count indictment. The charges include racketeering conspiracy, firearms charges, narcotics distribution, obstruction of justice and perjury.
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Jeremy Flachs in Action: Examples of Successful Cases
In our
document library, you can find depositions and documents taken from two of our successful cases.
One of our clients was serving in the Marine Corps, and it was his intention to remain in the service for his whole career. An injury from a car accident changed his plans.
His weakened physical condition hampered both his ability to advance in the Corps and his earning potential outside of it.
The attached transcripts are taken from the depositions of the case, which Jeremy Flachs was able to bring to a successful conclusion.
Another example of our dedication to our clients are the arguments taken from a case where Jeremy helped defend a woman that was injured on a Montgomery County Bus. This injury happened due to the negligence of both the driver and the bus company itself.
We hope that these examples of our work serve as an example of our experience and dedication.
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Indiana Man Wins $20 Million Verdict v. Allstate
A jury on Thursday decided that Ted K. Fields was in bad hands with Allstate and awarded the Valparaiso man $20 million.
Fields' attorney, Kenneth J. Allen, said the jury's decision supports his contention that Allstate acted in bad faith against its customers, and he hopes the verdict sends a message to Allstate and other insurers to treat their customers fairly.
For the whole story, follow the link below.
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Kentucky Man Wins $700,000 Car Accident Verdict
A jury awarded a Campbellsville man more than $700,000 Wednesday night for damages he suffered after losing his son in a 1995 collision that killed five.
Harlon Barnett, individually, and as administrator of the estate of Steven Ray Barnett, filed suit against Hamilton Mutual Insurance Co. of Cincinnati, Ohio and Caulk and Eastridge Insurance Co. of East Broadway in Campbellsville in Taylor Circuit Court on Jan. 4, 2000
For the whole story, follow the link below.
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Judge Throws Out Vioxx Verdict
A Federal Judge ruled that the $50 million judgment against Merck was “grossly excessive” and that there must be a new trial to determine how much the drug maker should pay the victim.
For more information, follow the link below.
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Laptop Computer Battery Recalls Will Cost Sony Millions
The recent safety recall of lithium ion batteries used in computers made by Dell, Apple and Panasonic will essentially wipe out 25% of this years profit.
For more information, follow the link below.
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2006 Sees Increase in Car Safety Recalls
The numbers of safety recalls by auto manufacturers in 2006 are reaching critical levels.
Jeremy Flachs examines how poor auto safety and manufacturing standards could affect you.
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Brain Injury From Construction Accident
Firm lawyer Jeremy Flachs working with an experienced Maryland law firm successfully mediated this one car accident which alleged negligence against a construction company engaged in a road widening effort. The case was complicated by the fact there were no eyewitnesses and Plaintiff driver could not recall the accident due to his severe brain injury. The mediation was also complicated by the existence of a huge government lien for medical care provided by the United States military. The Plaintiff claimed that the construction company failed to weight some of the drums/barrels at their base and instead placed a rock or log on top of the channelizing drums in violation of traffic safety rules and regulations. This case was successfully mediated for nearly $1million.
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Police Departments Nationwide Drop Recruiting Standards
Police Departments all over the country are dropping standards for recruitment in order to fill vacancies. To read more, follow the link below.
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AHAS Advises Congress of Flaws in Large Truck Crash Studies
Advocates for Highway and Auto Safety wrote to key Congressional transportation leaders on March 27th to cite major defects in the final report of the Large Truck Crash Causation Study (LTCCS) sent to Congress in March by the Federal Motor Carrier Safety Administration (FMCSA). Advocates' letter stresses that FMCSA in the final LTCCS report has refused to heed any of the expert advice provided to the agency over the past several years about serious deficiencies in research design and data collection used to generate the report.
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Off-Duty Alexandria Police Officer Guns Down 18-year-old at IHOP
An off-duty police officer shot and killed a teenager early Saturday at a restaurant parking lot after fearing for his safety, authorities said.
The 13-year veteran of the Alexandria (website - news) Police Department was working as a security guard at an IHOP restaurant on Duke Street about 3:40 a.m. when an employee told him that a group of customers left without paying, said Amy Bertsch, a police department spokeswoman.
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Bush, Big Business Continue Clampdown on Civil Rights
The Law Offices of Jeremy Flachs supports the right of every citizen to bring a meritorious claim before a jury. Unfortunately, the Bush Administration, supported by many large corporations, is trying to change the laws to prevent your right to sue in Court.
The latest example is the Consumer Product Safety Commission's approval of a national standard for mattresses that would deny states the right to enact tougher laws to prevent deadly fires. The Washington Post has also recently reported on similar efforts by highway and drug safety agencies to limit law suits to the advantage of motor vehicle manufacturers and pharmaceutical companies. The Law Offices of Jeremy Flachs opposes these efforts to close courthouse doors to the average citizen who have been harmed by carelessness or profit driven decisions by large corporations.
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Firm hires paralegal bi-lingual in Spanish
Law Offices of Jeremy Flachs has hired paralegal Jeffrey Joerger. Jeffrey is fluent in Spanish and now The Law Offices of Jeremy Flachs can represent injured victims who only speak Spanish. Jeffrey is a 2004 graduate of The Paralegal School of Washington, D.C.
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Firm attorney admitted to DC Bar
Associate attorney Melanie R Coleman was admitted to the District of Columbia Bar in February 2006, and now is licensed to practice in both the District of Columbia and Virginia. This development now allows both Jeremy Flachs and Ms. Coleman to represent personal injury victims in both Washington, D.C. and Virginia.
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