Northern Virginia Personal Injury Lawyer

Car Hits a Semi on Dulles Toll Road--Seat Belts Save Lives

Ben Glass — Sat, 10 May 2008 21:49:00 GMT

Jason Vasiento, a 29-year-old veterinarian technician from Herndon died of the personal injuries he received from his car hitting a semi-truck on the Dulles Toll Road on Saturday, March 23.

According to Virginia State Trooper Frederick Richens, Vasiento was not likely to have been using his seat belt at the time of the crash and was traveling at a speed between 80 and 90 mph. He received air transport to Inova Fairfax Hospital and was pronounced dead around 12:30 a.m. the next morning.

According to Richens, the driver of the truck was unharmed, but two other individuals struck by Vasiento during the crash had to be treated for minor personal injuries at Reston Hospital.

Drunk Driving Teenage Driving Manslaughter

Ben Glass — Fri, 09 May 2008 21:46:00 GMT

A teenager from Fairfax County pled guilty on April 21 to involuntary manslaughter after a 59-year-old woman from Leesburg died from the personal injuries she received in a drunken-driving crash with the girl.

Under the plea agreement, the charge of aggravated manslaughter was reduced by the state to involuntary manslaughter, which carries a lesser penalty. The 17-year-old girl also pled guilty to a misdemeanor charge of drunken-driving.

According to the girl's attorney, the evidence the state had was strong, and the girl wished to accept full responsibility for the tragic accident.

As a first-time offender, the girl's sentence could range from probation to a term in a state juvenile facility, according to officials. The length of any sentence will be determined by the Department of Juvenile Justice. The Virginia juvenile courts have control over defendants until the age of 21.

On the night of September 20, the girl, whose name has not been released because she is a minor, had been drinking before her Ford Escape struck the van of Kathleen Becker, according to police. The girl's blood-alcohol level was 0.17, over twice the legal limit for adults, according to court records.

Virginia Highway Death Toll Climbing

Ben Glass — Thu, 08 May 2008 21:44:00 GMT

A firefighter from Henrico County died from the personal injuries he received on the morning of Sunday, March 30 after he was pinned between a vehicle and a tree at his home in New Kent County. According to New Kent authorities, Joseph Ritzenthaler had been a member of the Henrico Fire Department for almost six years.

Rescue workers who responded to the call on Piney Branch Lane in Providence Forge discovered Ritzenthaler trapped. They extracted him, provided medical care, and transported him to VCU Medical Center where he was later pronounced dead, according to authorities.

According to authorities, Ritzenthaler might have been attempting to start the vehicle to go to work when it lurched forward and trapped him against the tree. The death is under investigation as an accident.

Virginia State Police also noted that a man died the night before in a crash in Madison County.

Police said that 50-year-old Robert Jenkins died when his truck crashed into a tree shortly after 8 p.m. The accident took place on West Hoover Road. Police said he was not wearing his seat belt.

State police also said that a man from Vienna died in a hospital on March 27 from the personal injuries he received in a crash over a week prior.

Shortly after noon on March 19, 65-year-old Wenceslao Yap crashed his car on Interstate 66 in Fairfax County. As he attempted to avoid debris, his vehicle ran off the left side of the road, hitting a barrier, according to authorities.

The three fatalities bring the 2008 highway death toll of Virginia to 191, compared with 200 at the same time last year.

Arlington County School Bus Crash When Drive Becomes Unconcious

Ben Glass — Wed, 07 May 2008 21:38:00 GMT

Sometimes, sudden unexpected emergencies do happen.

According to police from Arlington County, after the driver suddenly became unconscious, a school bus crashed into a parked vehicle. The accident occurred on the morning of Monday, April 14 when a bus traveling to the Potomac School in McLean drove off of the road on westbound Williamsburg Boulevard near Glebe Road.

Police spokesperson John Lisle said that the bus entered a private yard and struck a vehicle that was parked in the driveway at a speed of 30 miles per hour.

None of the children on the bus were harmed. According to Lisle, the driver received transport to a hospital to discover whether or not a preexisting medical condition caused her to lose consciousness.

I'm sure that the investigation will include looking at the driver's past medical history and use of medications. If the driver knew or should have known that he/she was at risk for unconsciousness, then there may be liability for any personal injuries or property damage.

On the other hand, if this was totally unexpected, there may be no valid claims here.

Automobile Accident on VA 663-Seatbelts Can Save Lives

Ben Glass — Tue, 06 May 2008 21:43:45 GMT

Two men were recently listed in critical condition at the University of Virginia Medical Center from the personal injuries they received in an automobile accident on Va. 663. One was listed as being in extremely critical condition.

On the day of the accident, 50-year-old Waynesboro resident Joseph Kestner was driving his 1993 Chevrolet Cavalier westbound on Va. 663 with passenger Robert Painter when his vehicle went out of control and ran off the road, according to Virginia State Police Trooper C.E. Zenzen.

Kestner's vehicle struck a tree when he attempted to overcorrect while getting back onto the road, causing the vehicle to flip onto the driver's side and continue to slide down the road. It then struck the 2008 Ford F450 of 43-year-old Crimora resident Richard Bell, causing the Chevy to overturn.

Neither Kestner nor Painter were wearing their seat belts. Kestner was partially ejected from the vehicle.

Kingstowne, Virginia Dentist Sues Board of Dentistry Members

Ben Glass — Sun, 27 Apr 2008 21:35:21 GMT

Local dentist Farid Zurmati has filed a lawsuit in Federal Court in Alexandria, Virginia, against members of the Virginia Board of Dentistry, alleging that they have violated his constitutiional rights in their multiple investigations of him.

The lawsuit contends that member of the Board of Dentistry, and two Assistant Virginia Attorney Generals "engaged in a campaign of intimidation, coercion and harassment against Zurmati, aimed specifically at denying him a fair, unbiased hearing on the merits of his case."

The case stems from a complaint made by a former employee to the Board of Medicine about Dr. Zurmati. The complaint alleges that while the Board of Dentistry complaint based on the former employee's allegations was dismissed, the Board has continued to harass Zurmati.

We represent the former employee in Zurmati's defamation lawsuit filed against her.

The federal lawsuit filed by Farid Zurmati is here. We will follow this very interesting case, which involves issues of First Amendment rights, alleged slander and defamation, statutory immunity for Board of Dentistry members and attorney employee's of the Commonwealth of Virginia.

Previous news about the defamation lawsuit is here

and here.

What Do You Think About Lawyer Ads?

Ben Glass — Tue, 22 Apr 2008 06:45:00 GMT

Many lawyers are concerned about the effect that their advertising has on consumer attitudes about them. They also want to know what works and what doesn't.

I've developed a quick, six question survey about what you feel is effective lawyer advertising.

Eight Minute Colonoscopy Misses Tumor That Will Now Kill

Ben Glass — Sun, 20 Apr 2008 06:10:00 GMT

A colonoscopy is one of the best things you can do to prevent colon cancer. Colon cancer is a killer but it is slow growing and very, very preventable. But....the colonoscopy has to be properly done.

Kevin Rexford, a former patient of the Endoscopy Center of Southern Nevada filed a medical malpractice suit, believing that the frenetic pace of procedures is killing him. According to Rexford, in January of 2005, Dr. Clifford Carrol missed a tumor growing in his colon during a colonoscopy.

Rexford, 43-years-old at the time, had a family history of colon cancer and showed warning signs of the disease, such as abdominal pain and blood in his stool, according to court documents. At the end of the colonoscopy, which took a total of eight minutes, including sedation, Rexford was diagnosed by Carrol as having hemorrhoids and had Citrucel, a fiber supplement, suggested to him, according to the documents.
Rexford's symptoms continued and in December of 2005, Rexford was hospitalized due to long-term blood loss. According to court documents, doctors discovered the cancer growing in his colon, but by then it was incurable.

The case was recently settled and terms were not disclosed.
Rexford's claim also alleges that he was billed too much for anesthesia. The suit says that he was billed for 31 minutes of anesthesia, despite the procedure only lasting eight minutes. According to the suit, anesthesia is typically billed in 15-minute blocks, so Rexford was charged for three blocks instead of one.

Generally a colonoscopy takes at least 15-30 minutes.

If the facts as alleged are true, this is a very tragic and preventable death.

Should Malpractice Prevent You from Practicing Elsewhere

Ben Glass — Sat, 19 Apr 2008 06:04:00 GMT

Here's an interesting story from Maine--it seems that a neurosurgeon with a serious malpractice claim pending in New York applied for and was given privileges to practice in Maine.

The neurosurgeon was then found liable in a medical malpractice suit for a surgical procedure which left a man in a wheelchair prior to the doctor coming to Maine.

Dr. Victor Ho has agreed to a payment of $1.9 million under a settlement and has no plans of appealing the New York jury's verdict. Ho was a doctor at the New York Methodist Hospital in Brooklyn, New York in 2000 when the botched spinal surgery took place. In 2005 he came to Maine while on probation in New York.

Ho is a member of New England Neurosurgery in Lewiston and also has full privileges at St. Mary's Regional Medical Center and limited privileges at Central Maine Medical Center.

According to Randal Manning of the Maine Board of Licensure in Medicine, the board examined the application of Ho carefully and interviewed him. Manning said there was no reason he should be denied a Maine license because of being found guilty of simple negligence, not gross negligence, in New York.

I agree with the Board. It is a pattern of malpractice, not one incident, that medical boards need to look at and clamp down on. Anyone can make a mistake once and that is no reason to be deprived of your livelihood.

Car insurance company says, "we're going to close the file if we don't hear from you"

Ben Glass — Fri, 18 Apr 2008 06:03:03 GMT

Met with a nice couple within the last few days. They were very distressed. The wife had been in a car accident and was still under treatment. The distress was being caused by a major car insurance company and its adjusters.

What were they doing?

Persistently calling, emailing and calling on the cell phone to pressure the couple to settle. Not only that but they were telling the couple that if they didn't settle soon, the insurance company would "assume that you don't intend to make a claim and we will close the file."

I hear this nonsense frequently. It is not only unethical but downright stupid. Unethical because it suggests that no claim can be made once we "close the file" and stupid because it drives people to go see a lawyer.

Being mean, nasty and intimidating is stupid no matter what business you are in.

Here's the truth.

Generally, in Virginia, you have two years to file a lawsuit related to a car accident. The insurance company can't do anything about that rule. It can't "close the claim" and prevent you from filing a lawsuit. It has no power to do that.

This couple was doing the right thing. You generally don't want to settle when you are still in treatment. Once you settle you claim IS over.

I told this couple that they should just write the insurance company and tell him that he was not to contact them anymore and that they would get back to him when they were ready. Instruct the insurance company to not write, call or email.