Lowell Stanley Injury Lawyers Blog

FDA Proposes Defective Product Regulations for Laboratory Developed Tests

by Keith Adkins | March 2nd, 2015

Laboratory developed tests (LDTs) are diagnostic procedures that are often used to determine if a child suffers from a genetic disorder. Currently, these tests are overseen by the Centers for Medicaid and Medicare Services. Now though, the U.S. Food and Drug Administration (FDA) has proposed a set of new regulations for these procedures, claiming they have the authority to control these tests as if they were a medical product.

While many believe the new set of regulations can improve patient safety in the medical industry, others believe the new laws could implicate LDTs as a defective product.

An article released by The National Law Review highlights several recent cases in which parents of children suffering from genetic disorders successfully sued laboratories for failing to supply them with accurate test results. This has forced many labs to seek refuge under the Virginia Medical Malpractice Act, which places caps on the amount of damages that can be awarded in cases where a medical professional or facility’s mistake led to a patient suffering harm.

A decision on the new regulations is expected to be released in the near future. In the meantime, the Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers are here to help if you’ve been harmed by a medical error that occurred through no fault of your own. Just give us a call at (757) 459-CASH to get started on your case today.

911 Location Errors Put Citizens at Risk of Serious Harm

by Keith Adkins | February 23rd, 2015

Whether you’ve suffered a brain injury or been hurt in a car accident, it’s likely that you will depend on calling 911 in order to receive emergency services. It’s important to remember though: 911 systems have flaws that could result in you not getting the care you need in a timely manner.

Typically, when a 911 call comes in, it is immediately traced in order to determine the location where the call was made. With cellphones and today’s technology though, this can be a difficult task because of cellphone towers. Sometimes, all of a caller’s information isn’t transferred to the dispatcher from the cell phone tower. In many more cases though, a call is sent to the nearest cellphone tower and then the nearest dispatch location. Unfortunately, sometimes the cellphone tower can pass along bad information about a caller’s location.

According to an article from 13 News Now, only around one-quarter of 911 calls in eastern Virginia come in with data about where a person is calling from. So what can you do to stay safe? The Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers suggest:

  • Stay vigilant- Being aware of your surroundings at all times and not engaging in risky behavior goes a long way in helping to keep you safe.
  • Call 911 from a land line- Most location errors occur because of interruption in the transmitting of data to cellphone towers. You can eliminate these issues by calling from a wired phone.
  • Be precise- If you call 911, explain your location in detail to the dispatcher. This can include zip codes, addresses, landmarks, etc.

We hope these tips help to keep you and your loved ones safe in the future.

Tips for Staying Safe and Avoiding a Norfolk Car Accident During Winter Storm Octavia

by Keith Adkins | February 17th, 2015

Winter weather has descended on Norfolk and coastal Virginia. That’s why the Norfolk personal injury lawyers with Lowell Stanley Injury Lawyers would like to let you know about several resources that will be available, as well as offer several tips to help keep you and your loved ones safe.

The Virginia Department of Transportation has prepared the roads for ice and snow, but this often isn’t enough to prevent a Norfolk car accident from occurring. Most experts advise drivers to stay off the roads during winter weather, but for those who must travel, consider following the safety tips that are being provided by WAVY 10 News.

Even if you don’t leave your home, you may still be at risk of dangers from the storm—like losing power and heat. If you lose your heat and power source, it may be important to know where your local shelters are located. In Norfolk, Maury High School will be open from 7A.M. until 7:30 P.M. as a safe place to stop in and get warm. Virginia Beach’s winter shelter program will be in full swing as well.

Lowell Stanley and his team of Norfolk personal injury lawyers are aware of the risks and dangers winter weather can pose and we are hopeful this information helps to keep you and your loved one’s safe and warm during winter storm Octavia.

Study Identifying Motorcycle Accident Factors May Reduce Crash Rates

by Keith Adkins | February 9th, 2015

Riding motorcycles in Virginia can be dangerous—especially in Norfolk. In 2013 alone, there were a total of 105 Norfolk motorcycle accident reports. Those crashes resulted in 93 injuries and two deaths.

A study is currently being conducted at the Virginia Tech Transportation Institute to determine what the most common causes of motorcycle accidents are. The hope is that identifying these contributing factors will make riders more aware of these particular dangers. In turn, this heightened awareness will lead to safer motorcycle riding and a reduction in Virginia motorcycle accident totals.

According to an article from Motorcycle USA, the study will examine the behaviors and riding environments of hundreds of bikers of all ages. Their travels of more than 363,000 miles over a period of time will be documented and then analyzed to determine what factors played a role in any accidents that occur.

This information can then be used to put measures into place that will combat some of the most common motorcycle accident causes. The results can also be used during training and other educational courses.

At Lowell Stanley Injury Lawyers, we believe in constantly working to improve motorcycle safety in Virginia. That’s why our Norfolk personal injury lawyers are anxious to see the results of this upcoming study.

“Unreasonable” Use of Police Force Causes Norfolk Dog Bite Injury

by Keith Adkins | February 2nd, 2015

Police dogs can be crucial to the completion of an officer’s investigation or apprehending a suspect, but they must be used under tight control in order to prevent a dog bite injury from being inflicted on a helpless victim. In fact, a complaint has been filed against an officer with the Norfolk Police Department after his canine inflicted a serious dog bite injury to a young woman’s leg. The incident has been ruled an “unreasonable” use of force.

According to an article from The Virginian-Pilot, the victim was leaving a party on Godfrey Avenue at around 2 A.M. after a fight had broken out on the front lawn of the home. As the victim was leaving with her father and two friends, officers approached and attempted to stop the party to discuss the incident. The victim told officers she didn’t know what happened and attempted to walk away. Officers then released a canine unit onto the victim and the animal bit her leg until she was arrested.

The victim required more than 40 stitches to close the wound and will require plastic surgery to repair the damage that was done.

Since the incident occurred, the Chief of Police stated the officer’s use of force was “unreasonable.” Furthermore, the officer has been placed on administrative duty.

At Lowell Stanley Injury Lawyers, we’ve seen just how devastating a dog bite injury can be. That’s why our Norfolk personal injury lawyers would like to wish the woman who was recently injured a full and speedy recovery from her wounds.

Changes to Reckless Driving Law Could Contribute to Virginia Car Accidents

by Keith Adkins | January 26th, 2015

Speed is one of the leading causes of motor vehicle collisions today—especially in Virginia. Data from the Department of Motor Vehicles shows that in 2012, the commonwealth reported 14,299 people were injured and another 313 lost their lives as the result of a Virginia car accident.

Despite these numbers, legislators in Virginia have advanced a bill that would loosen the penalties for speed-related traffic law violations. On Monday, January 19, a subcommittee consisting of lawmakers from the state House of Representatives approved HB1317, which would increase the limit for a reckless driving charge from 80 MPH to 85 MPH.

According to The Virginian-Pilot, those in favor of the reform say it isn’t fair that an individual caught driving 81 MPH on the interstate can face a reckless driving charge, while an individual driving 55 MPH in a 35 MPH zone would not. Individuals who are against the changes say the lower speed limit for reckless driving acts as a deterrent to motorists who may otherwise choose to speed.

The bill must now receive approval from the full committee before making its way to the floor for a vote.

Lawmakers are also hoping to improve highway safety by passing a law that would make it illegal to follow non-motorized vehicles, such as bicycles, too closely.

The Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers recognize the importance of always striving to improve highway safety. Thats why we’re hopeful lawmakers will work to ensure protecting Virginia’s motorists remains a top priority.

Distracted Driving a Leading Cause of Car Accidents

by Keith Adkins | January 19th, 2015

There are countless contributing factors that can come into play in a motor vehicle collision, but one of the most common causes of car accidents today is distracted driving. In fact, some research shows as many as 8 out of 10 crashes that occur in the commonwealth of Virginia are the result of driver inattention.

So what is being done to deter Virginia’s drivers from engaging in this deadly behavior? In 2013, lawmakers made texting while driving a primary offense. This means law enforcement can stop a driver if they witness a motorist texting while driving. The behavior is punishable by a $125 ticket for a first offense and a $250 fine and three points on your license for every subsequent offense.

Texting and driving was previously considered a secondary violation, meaning the officer or trooper had to witness the motorist break another law before they could be stopped and ticketed for distracted driving.

This is just the first step, though. An article from The News & Advance points out that talking on a cellphone while driving is still legal, despite evidence showing the behavior is dangerous as well.

At Lowell Stanley Injury Lawyers, we recognize the dangers distracted driving can pose to all motorists. That’s why our Norfolk personal injury lawyers ask that you put your phone down while driving and pledge not to drive while distracted.

If a distracted driver has injured you, it’s also important to know that we can help. Our legal team is standing by to offer you assistance with any questions you may have, and can help begin the legal processes to get you on the road to compensation. Call us anytime at (757) 459-CASH for a free consultation of your case.

Changes Considered for Virginia Workers’ Compensation Benefits

by Keith Adkins | January 12th, 2015

Most companies in Virginia strive to protect the health and safety of workers, but sometimes accidents happen. Luckily, most businesses and companies in the commonwealth are required by law to carry an insurance policy that offers Virginia workers’ compensation benefits to an injured employee in the event of an accident; however, many businesses will see a change in pricing for these policies in the new year.

According to an article from the Augusta Free Press, the State Corporation Commission has approved changes to the law proposed by the National Council on Compensation Insurance. The reforms will result in a majority of employers seeing an increase in costs for Virginia workers’ compensation benefits insurance.

Coal mining operations are expected to see the greatest increases in cost, with coverage for underground operations spiking by more than 10 percent while surface operations could see costs swell by as much as 15 percent.

So what do these increases in costs mean for workers? Some experts believe it could result in more employers failing to procure coverage or report accidents. The rise in costs could also lead to more conservative decisions being issued on new Virginia workers’ compensation benefits claims.

The Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers say these are just a few reasons why its so important to have legal representation by your side if you’ve been injured on the job. Our team of lawyers is here to help. Call us today at (757) 459-CASH for a free consultation of your case if you’ve been seriously injured while working.

 

New Research Method Could Help Reduce Drug Injury Numbers in the U.S.

by Keith Adkins | January 5th, 2015

The drug industry in the United States provides Americans with some of the safest drugs in the world due to stringent testing requirements; however, sometimes medications can have side effects that go undiscovered during the testing process that can cause patients to suffer a serious drug injury.

The Centers for Disease Control and Prevention estimates thousands of drug injuries occur each year because patient take products that slipped through the cracks of the U.S. Food and Drug Administration’s safety standards. So what’s being done to better protect Americans from such harm? Researchers say a new test could uncover hidden toxins in medications much earlier in the testing and screening processes.

According to an article from Science 2.0, scientists at the University of Utah used both laboratory mice and untamed mice to test the toxicity of the antidepressant Paxil. The mice were placed into a pen where they had to fend for themselves for food, water, and territory. After several generations of mice were bred, those that had consumed food laced with Paxil struggled to keep up with their counterparts in the control group, showing signs the drug may need further testing to determine its side effects.

At Lowell Stanley Injury Lawyers, we understand the need for determining the safety of a medication earlier in the testing stages and our Norfolk personal injury lawyers are hopeful this new research method will be used to better protect Americans from harmful side effects of medications.

 

How to Avoid Drowsy Driving Car Accidents This Holiday Season

by Keith Adkins | December 29th, 2014

The holidays are upon us and between the long drives to visit family or friends combined with the late night parties that accompany New Year’s Eve, it can be difficult to stay awake while behind the wheel. That’s why many are working to minimize the number of drowsy driving car accidents that occur this holiday season.

One program with a mission to reduce the number of drowsy drivers who are on the road is “Awake At The Wheel.” The campaign is sponsored by the National Healthy Sleep Awareness Project and, according to Sleep Review, works to educate lawmakers and the public on the importance of getting plenty of rest prior to getting behind the wheel of a vehicle. The organization was recently represented at the National Transportation Safety Board’s Highway Safety Forum by President-Elect of the American Academy of Sleep Medicine, Dr. Nathaniel Watson, who offered tips on how drivers can avoid falling asleep at the wheel.

Some of those tips include:

  • Don’t Depend on Gimmicks- Drinking caffeinated beverages, rolling your windows down, or turning up the stereo have all been proven ineffective in preventing motorists from falling asleep.
  • Get Plenty of Rest- Make sure to get at least eight hours of sleep prior to driving. If you find yourself drifting off during your trip, pull over at a safe location to rest.
  • Don’t Drink And Drive- Alcohol tends to make many drivers drowsy on top of impairing judgment, so never get behind the wheel after drinking.

Our team of Norfolk personal injury attorneys here at Lowell Stanley Injury Lawyers hopes these tips help you have happy—and safe—holiday travels!