Archives: 2009 May

Personal Injury Lawyers

Archive for May, 2009

New Test May Help Diagnose Traumatic Brain Injury Early

Friday, May 29th, 2009

After the death of actress Natasha Richardson from traumatic brain injury following what seemed to be a very minor incident, many people are concerned that they may suffer a closed head injury that may turn out to be fatal. This may lead to more people rushing to the emergency room to check for brain injury from minor falls. A new test promises to help diagnose several types of traumatic brain injury without invasive surgery. The test is known as magnetoencephalography (MEG), and it utilizes an array of 248 sensors placed outside the head to evaluate the function of the brain’s magnetic fields.

MEG requires only 45-60 seconds to evaluate the function of the brain and it has already proven to be significantly better at detecting several types of brain injury than existing techniques such as functional MRI or single photon emission computed tomography (SPECT). One reason for its effectiveness may be its ability to take images of the brain with millisecond resolution, as opposed to fMRI, which requires several seconds to resolve a single image, and SPECT, which requires 15-20 seconds to acquire a full image.

Although this work is in its early stages, MEG may ultimately help solve some persistent questions about traumatic brain injury and prevent further tragedies like that suffered by Richardson.

If you or a loved one has suffered a traumatic brain injury as a result of someone else’s negligence or deliberate misconduct, you deserve compensation for the unalterable damage done to your life. Schedule a free, no-obligation brain injury consultation with the Norfolk, Viriginia personal injury lawyers at Kalfus Nachman, Attorneys at Law today to learn how we can help.

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Drunk Driver’s Attorney Failed in His Attempt to Exclude Victim’s Witness At Trial

Monday, May 18th, 2009

A Virginia judge allowed a drunk driving victim’s expert to testify at trial. The drunk driving defendant’s attorney tried to exclude the plaintiff’s expert’s testimony. The expert used alcohol-absorption calculations that were most favorable to the drunk driver to try to show that even with the inferences slanted toward the drunk driver, the drunk driver still was drunk enough to be punished. The lawyer, paid by the drunk driver’s insurance company, did not want this testimony in evidence. He asked the judge to strike this evidence, but the judge refused.

The attorney, paid by the drunk driver’s insurance company, also sought to strike any claims against the drunk driver for civil punishment for his reckless behavior. The victim prevailed on this motion as well, and is entitled to seek a monetary punishment against the drunk driver in addition to compensation for the victim’s losses and pain.

If you have been the victim of a drunk driver, the personal injury lawyers at Kalfus & Nachman can help you get the money damages you deserve. In many cases, you may be entitled to punitive damages. Call Kalfus & Nachman now to learn your legal rights.

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Virginia Lawyers Teach Students About Every Citizen’s Legal Rights

Monday, May 18th, 2009

Under the “Rule of Law Day” program sponsored by attorneys and judges, local school leaders all over Virginia have invited lawyers and judges into public middle schools for a one-hour class. The lawyers will teach students about their rights which are the cornerstone of democracy. Included in these rights is your right to be a plaintiff in a civil suit when you are the victim of another’s negligence without fair compensation. Learning about your rights when you are a victim prevents insurance companies from trying to take these Constitutional rights away when you have been hurt.

A February 18, 2009, test project in the Roanoke Valley had some 60 lawyers and judges in 122 classrooms.

The event is funded by the Virginia Law Foundation and the Virginia Holocaust Museum.

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Wal-Mart Changes its Policies to Avoid Criminal Charges

Monday, May 18th, 2009

Wal-Mart Stores, Inc. will modify its system of controlling crowds as a condition to avoiding criminal prosecution for the stampeding horde of shoppers who inadvertently trampled a man to death last Thanksgiving.

The agreement emerged as a result of Nassau County’s District Attorney’s office investigation into the man’s death. The victim was working as a security guard at the store, and was knocked to the ground and killed by the horde.

The victim’s family is also pursuing legal remedies against Wal-Mart for possible wrongful death Wal-Mart denies any wrongdoing. Wal-Mart will have safety experts review its crowd management plans.

If you or a loved one has been injured as a result of negligence at a department store, contact Kalfus & Nachman to learn you legal rights.

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Victim of Negligence Gets His Day In Court- And Justice Prevails

Monday, May 18th, 2009

An employee of the Department of Defense fell more than two stories while he was inspecting repairs done by Bae Systems Norfolk Ship Repair, Inc., on a Navy oiler. He broke five ribs, dislocated an elbow, and suffered mild traumatic brain injury. These injuries cost him $117,025 in medical bills. Worse still, he could not work for a year and a half afterwards, while more bills were piling up.

The reason for his fall? A fair and impartial jury of his peers determined that he fell because of a false rung on the ladder, and Bae Systems’ failure to tell him of the danger. The Norfolk jury, after hearing all the evidence, determined that fair compensation for the injury caused by Bae Systems was $1,960,000.

Bae Systems’ insurance company argued at trial that the victim brought his troubles on himself, and that Bae Systems should not be blamed. Bae Systems’ argument evidently failed to impress, however.’

Rather than paying the judgment as the jury determined, Bae Systems’
insurance company opted to pay for an appeal to the Virginia Supreme Court. The Virginia Supreme Court refused to hear the case, and then, having no other option, Bae Systems’ insurance company paid the judgment.

If you or a loved one is a seaman and was injured in a boating, jet ski or sea doo accident, please call the North Carolina an Virginia Lawyers of Kalfus & Nachman to learn your legal rights.

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FDA Warns about Diet Aid Hydroxycut after Reports of Liver Damage

Thursday, May 7th, 2009

On May 1, 2024 the US Food and Drug Administration (FDA) warned users of possible liver damage and even death linked to the use of the diet aid Hydroxycut. Use of the popular diet aid was linked to at least one death and dozens of serious health problems including jaundice and elevated liver enzymes, an early indicator of potential liver damage. Some patients even experienced liver failure. Some survived as a result of liver transplant, but one died. Consumers are urged to stop using this potentially dangerous diet aid manufactured by Iovate Health Sciences, Inc. and return the unused product to the place of purchase.

Those affected were healthy before they began taking Hydroxycut. The user who died was a 19-year old male. He died in 2007, but his death was not reported to the FDA as being linked to Hydroxycut until this March. After taking Hydroxycut, users began to experience symptoms of liver damage, including:

Jaundice
Brown urine
Nausea
Vomiting
Pale stools
Fatigue, weakness
Stomach pain and loss of appetite

If you are or were a Hydroxycut user and have experienced these symptoms, you should consult your doctor about possible liver damage. The FDA does not yet know what ingredients may be responsible for the liver damage.

Diet aids are not well regulated by the FDA. Unlike prescription medications, diet aids and nutrition supplements are not approved by the FDA before they are marketed. Manufacturers of diet aids like Hydroxycut do not have to approve that their products are effective or even safe. This means that there is no way to stop this type of possible defective product from hitting the market. It is only after reports of injury begin that the FDA has any regulatory power, and even then it can rarely force a product recall. In this case Iovate Health Sciences, Inc. has said it is going along with the voluntary recall “out of an abundance of caution.” Here is the FDA’s list of recalled Hydroxycut products.

If you live in Virginia or North Carolina and have suffered liver damage as a result of using any of the recalled Hydroxycut diet aids, contact Kalfus & Nachman, Attorneys at Law today to talk to a lawyer about your dangerous drug injury.

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