Virginia personal injury lawyers winning personal injury cases and settlements for victims of car accidents, medical malpractice, children's injuries, wrongful death and product liability.  Specializing in cases of serious personal injury, including brain injuries, spinal cord injuries, dismemberment and severe burns, Breit, Drescher & Imprevento, PC, ensure that insurance companies fully appreciate the rights and entitlements of our clients.

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Norfolk Cyclist hit by car dies of injuries

A cyclist who was struck by a car a week ago has died of his injuries, police said Sunday.

Police identified the cyclist as Kevin L. Bragg, 26, of the 400 block of Stockton Road.

The accident happened at about 8:30 a.m. on April 27, in the 1700 block of East Little Creek Road.

For more information, follow the link below.

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Man charged with DUI in accident that killed woman

A suspected drunk driver ran a red light in Virginia Beach early Sunday morning and killed another motorist in a two-car collision.

Clyde Covington Jr., a 29-year-old Virginia Beach resident, is charged with aggravated involuntary manslaughter, driving without a license, disregarding a red light and driving under the influence of alcohol. He is being held without bond at the Virginia Beach Correctional Center.

For more information, follow the link below.

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Car hits Dick's Sporting Goods store in Virginia Beach

 

VIRGINIA BEACH, Va (WAVY.com) -- At around 11:30 a.m. Thursday morning, Virginia Beach police tell WAVY.com, a car crashed into a building in the 4600 block of Columbus Avenue.

It's the Dick's Sporting Goods store, at the corner of S. Independence Blvd.

For more information, follow the link below.

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Train in Crimora hits man's truck

CRIMORA — Police said a man pulled too close to a set of train tracks this morning on Forestry Center Lane, resulting in a Norfolk Southern train smashing into his pickup, Virginia State Police said.

For more information, folow the link below.

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Crashes on state roads are fatal to 4

Four people have died in crashes on Virginia roads since Thursday, Virginia State Police said.

A 26-year-old North Carolina man died Saturday in Virginia Beach after a car he was driving ran off Blackwater Road just north of Shirley Lane and overturned, state police said. Joseph Handy Hearn of Knotts Island, N.C., died at the scene of the 6 a.m. crash. He was not wearing a seat belt, police said.

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Man convicted in crash that killed a Virginia Beach police officer

 

VIRGINIA BEACH, VA. (WAVY.com) -- Shaun Mowbray is free on bond after a judge sentenced him to 12 months in jail, but suspended all but 60 days for reckless driving. 

Mowbray was found guilty in an October crash that killed Virginia Beach police officer Randy Vaiden.

For more information, follow the link below.

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Virginia Beach Surgeon With Bad Record Ends Up in Kansas

LEAWOOD — Surgeon Britt Borden left a trail of tears in Virginia to Washington and South Dakota before settling in Kansas.

Janice Washburn's vocal cords were damaged when Borden operated at the wrong spot on her spine in Virginia Beach, Va.

For more information, follow the link below.

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Newport News motorist, struck outside disabled vehicle, dies

SUFFOLK - A man died over the weekend after hit by a car while attempting to put gas in his stalled vehicle on a Suffolk roadside early Saturday morning.

Suffolk police report that Johnny Lee James, 25, of Newport News, died of injuries sustained in the accident. Another man was also hurt, but his injuries were not considered life-threatening.

The accident occurred in the 4800 block of Godwin Boulevard about 4:30 a.m. Saturday, Lt. Debbie George said.

For more information, follow the link below.

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Accident kills three people on Interstate 77 in Carroll County

 

Three people are dead after they were hit head on Saturday morning.

Police say the man who hit them was drunk.

The victims were on their way to Virginia from North Carolina.

They were driving north on I-77 when authorities say Gary Edwards Hicinbothem of Pilot Mountain, North Carolina, crossed the median in his truck and crashed into the three.  This happened near mile marker eight.

For more information, follow the link below.

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Rain causes fatal accident on Eastern Shore

 

About 11:30pm, State Police responded to a two-vehicle accident with injuries on Rt. 13 in Accomack County. 

Police say a 2002 Honda Odyssey going North on Rt. 13 about 7 miles North of the Chesapeake Bay Bridge-Tunnel. The car hit standing water and hydroplaned, police said. The Honda lost control and went across the median into on-coming traffic

For more information, follow the link below.

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SC Firm Sues Railroad for $420 Million

COLUMBIA, S.C. — A textile company that closed after a train wreck and toxic chemical spill in 2005 wants the railroad to pay $420 million in damages, an attorney said Monday in opening arguments.

The Norfolk Southern wreck ruptured a car carrying chlorine and released a poisonous cloud over the mill town of Graniteville, killing nine people and injuring 250. Some 5,400 people were evacuated.

For more information, follow the link below.

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Single-vehicle crashes kill 5 during weekend in Virginia

Five people were killed in single-vehicle crashes on Virginia roads during the weekend, state police said.

Jerome Onis Rorie, 58, of Kenbridge died yesterday when his car overturned in Lunenburg County. Virginia State Police said Rorie was traveling on state Route 604, near state Route 645, when his car veered to the left and overturned at 10 a.m. He was not wearing a seat belt, police said.

For more information, follow the link below.

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Virginian Dies During Florida Bike Week

VOLUSIA COUNTY, FLa. -- It was a deadly weekend for the start of bike week in Volusia County. Five people were killed in accidents.

The driver of a truck hit the back of a motorcycle as it was pulling into the eastbound lane of SR-44, Sunday night. The two people on the motorcycle were killed when they were thrown from the bike.

For more information, follow the link below.

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The Problem with Jarvik's Prescription

For nearly two years, millions of Americans have seen television ads featuring artificial heart inventor Robert Jarvik touting the benefits of the cholesterol-lowering medication Lipitor. No longer. On Monday, Lipitor's maker, Pfizer, decided to pull the $139 million campaign after a Congressional committee raised questions about Jarvik's qualifications as pitchman.

For more information, follow the link below.

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Teen Presciption Drug Abuse on the Rise

Prescription drug abuse among teens is bringing about the country's next cultural change and Polk County is no exception to the trend, drug expert Robert Stutman told about 100 parents and community members Monday.

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Man, woman sought in 2007 fatal beating

NORFOLK - Police in Norfolk are looking for an 18-year-old man and a 20-year-old woman who are the ninth and 10th people to be indicted for a fatal mob beating last summer.

Curtis Wayne Newby, 18, and Natasha O. Buie, 20, are still at large. They were indicted by a grand jury in January, and Norfolk police released their identities on Friday. Andre Cortez Gaddie was named in the same indictment and was arrested earlier this month. Seven other people are already in custody on charges related to the attack.

For more information, follow the link below.

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Congestion on Interstate 81 projected to increase

Virginia rail officials have begun a $57 million project to shift some of the freight moving on interstate highways to adjacent trains.

The topic is especially close to the hearts of Western Virginians. An estimated 60,000 vehicles a day use Interstate 81 at Roanoke, and trucks are an ever-growing presence.

For more information, follow the link below.

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Virginia Firm Recalls Chicken Products due to Undeclared Allergen

WASHINGTON, Jan 26, 2008 - Perdue Farms, Inc., an Accomac, Va., establishment, is recalling approximately 24,710 pounds of boneless, skinless chicken breast products because they may contain an undeclared allergen. The products contain an Italian seasoning which includes milk, a known allergen, which is not declared on the label.

For more information, follow the link below.

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Cordis Corporation Announces Recall of Balloon Catheters

The product has a potential for slow deflation or no deflation of the angioplasty balloon when inserted into the artery or other blood vessels. This may potentially result in a total blockage of the artery or blood vessels, resulting in a change in the heart rate or heart rhythm, injury to the heart artery, a heart attack, need for a surgical procedure or death.

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Breit, Drescher & Imprevento gets $7.5 million for teen hit by city truck

The city has agreed to pay $7.5 million to settle a lawsuit brought by a woman whose son was hit by a truck driven by a city employee.

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Police: Speed was factor in fatal car crash

GLOUCESTER - State police believe speed was a factor in the Sunday night car accident that killed two Gloucester residents and sent two brothers to the hospital with life-threatening injuries.

The four were traveling in a 1995 BMW around 10:25 p.m. when their car ran off the road and slammed into a tree near the intersection of Belroi Road and Susan Drive, said state police Sgt. Greg Mathias.

For more information, follow the link below.

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Suffolk man identified as accident victim

VIRGINIA BEACH - Police have identified the man who died on an icy Virginia Beach road Tuesday morning, when he was struck by a vehicle while calling for help after an accident.

For more information, follow the link below.

 

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Virginia Wants To Ban 'Driving While Texting'

It's called "DWT," or driving while texting on a cell phone, and state legislators in Virginia want to outlaw the practice.

Virginia's General Assembly is considering legislation so tough that even texting while driving an electric wheelchair would be forbidden, along with a ban on the practice while driving a bicycle, a motorcycle, and a moped, too.

For more information, follow the link below.

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Justices to Hear Cases on Product Liability

WASHINGTON, Jan. 18 — The Supreme Court’s already substantial investment in defining the boundary between federal regulation and state tort law grew even bigger on Friday. The justices added two new cases to their docket on drug and cigarette labeling requirements.

For more information, follow the link below.

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Medical malpractice exemption weighed for charitable care

RICHMOND, Va. - The state Supreme Court is expected to rule this spring on case that would spare tax-exempt physician foundations from malpractice suits because of their charitable care for the poor.

Parties in the debate call it the most significant matter taken up by justices regarding medical malpractice since 1990, when the court upheld the state's limit on malpractice awards.

For more information, follow the link below.

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Couple recovering after crash on bridge

A couple injured Thursday in an accident on an Isle of Wight County bridge is recovering.

The woman driver was released from the emergency room yesterday; the man remains in serious condition at Sentara Norfolk General Hospital, according to Virginia State Police.

For more information, follow the link below.

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Accident in Norfolk leaves one dead

ST. LAWRENCE COUNTY, N.Y. -- A woman is dead after a car accident in Norfolk. It happened around 8:30 a.m. Saturday on Grantville Road. State Police say Jeanne McGuire, 45, lost control of her truck on the slush covered road and slid into oncoming traffic.

For more information, follow the link below.

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5-car accident in Virginia Beach involved school bus

VIRGINIA BEACH - A five vehicle accident in Virginia Beach on South Independence near Euclid involved a school bus with kindergarten children on-board.

Virginia Beach Police said no one was seriously hurt in the accident, describing it as a fender bender.

For more information, follow the link below.

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Norfolk Truck Driver DUI Crashes Tractor Trailer

BISHOPVILLE – A Norfolk, Va. man was issued several traffic citations by both Maryland and Delaware officials this week after crashing the tractor-trailer he was driving on Route 113 near the state line on Monday morning.

A Worcester County Sheriff’s Deputy on Monday morning observed a tractor-trailer northbound on Route 113 near Route 589 traveling at an estimated 80 mph in a 55 mph zone. The deputy attempted to stop the vehicle as it approached the Maryland-Delaware line when the driver, later identified as Renaldo D. Long, of Norfolk, lost control of the tractor-trailer, struck a sign in the median and overturned before coming to rest in Delaware.

For more information, follow the link below.

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Police take charge to keep drivers safe

Charles Ansell was enjoying a slow, uneventful drive home when he saw just how fast death can come on the highway.

The 62-year-old architect and father of three was returning from a business trip to Washington, D.C., when a Honda spun past him, its grill facing his driver-side door. The car disappeared behind a veil of smoke and debris, crossed two lanes of U.S. 58 and tore into a tree.

The crash instantly killed the 24-year-old driver and seriously injured his passenger, also 24.

For more information, follow the link below.

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Smith & Nephew recalls 575 artificial knees that might run out

Nov 29, 2007 (The Commercial Appeal - McClatchy-Tribune Information Services via COMTEX) -- SNN | charts | news | PowerRating -- Medical device maker Smith & Nephew is recalling about 575 artificial knees after a manufacturing error led to concern that the devices might wear out too quickly.

The company said it distributed most of the implants in Europe, though some went to the United States and other countries. About 275 were implanted in patients. The company is trying to find the others in hospitals and distribution inventories.

For more information,

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Witness: Trooper was speeding along I-64 shoulder before crash

Moments before a state trooper crossed the Interstate 64 median and crashed head-on into a car, killing two Collinsville sisters Friday, he was speeding along the shoulder with no siren, a witness said Wednesday.

A state police investigator expressed skepticism at the account, but said she plans to talk to Navy Chief Petty Officer J.W. James.

For more information, follow the link below.

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Quaids' twins overmedication not an isolated case

A Los Angeles hospital admits to giving the newborn twins of Dennis Quaid an overdose that could have caused them to bleed to death.

It raises the question: just how common are these potentially deadly mistakes?

For more information, follow the link below.

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Man pleads guilty in deadly Beach crash

A Virginia Beach man who was driving drunk when his car crashed, killing his passenger, pleaded guilty Tuesday to involuntary manslaughter and DUI-2nd offense.

Stephen Maloney‘s 1999 Isuzu Rodeo went off Gum Bridge Road and into a culvert on Saturday, May 5. It turned sideways, hit a tree and spun around before coming to rest in a driveway.

For more information, follow the link below.

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Port releases name of Norfolk man killed in accident

Authorities have released the name of a man killed Wednesday after he was struck by a vehicle used to move containers at Norfolk International Terminals.

Jonathan Andrew Richardson, 29, a VIT employee from Norfolk, died shortly after the incident, said Joe Harris, a spokesman for the Virginia Port Authority.

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Man killed after being struck by car while crossing street

Police in Suffolk are investigating an accident in which a man died after being struck while crossing a street.

Investigators say 77-year-old Aaron Goodman of East Washington Street was crossing that street a couple of blocks from his home just after 7 p.m. when he was struck by a 1987 Ford Thunderbird.

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Three children injured in crash on Witchduck Rd. in Beach

One child was in critical condition and two others injured after a crash at Witchduck Road and Route 264 just before 3:30 p.m. Tuesday afternoon. The woman who was driving the car was also injured, according to state police Sgt. D.S. Carr.


The extent of injuries and ages of the children are not known.

For more information, follow the link below.

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Baby seats recalled due to head injuries

WASHINGTON (Reuters) - Some 1 million foam baby seats sold by Target Corp, Wal-Mart Stores Inc and other large retailers are being recalled because of reports of young children falling out of the seats, the U.S. Consumer Product Safety Commission said on Thursday.

The safety agency said it received 28 reports of young children falling out of the seats, including three who suffered skull fractures because the seats had been placed atop tables.

For more information, follow the link below.

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Navy couple on Guam sue for $25M

A Navy couple on Guam filed a $25 million claim against the service Monday, alleging malpractice by a Navy doctor and Navy midwife led to the death of their son.

Both the doctor and midwife were previously implicated in separate wrongful death cases at Naval Hospital Jacksonville, Fla., within the past five years, according to the medical malpractice lawyer who filed the claim.

For more information, follow the link below.

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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 this link below.

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Trucks haul tons of munitions on area roads. What are the risks?

They prefer the night, slipping along routes that avoid tunnels.

They avoid rush hour because creeping through traffic in Hampton Roads attracts attention, and discretion in this business is everything.

Most trucks look like any others that haul goods on the highway: white trailers, or flat-beds with simple metal boxes strapped on top.

For more information, follow the link below.

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Car strikes pedestrian in Norfolk

A vehicle struck a pedestrian in Norfolk around 8:30 p.m. Friday.

Chris Amos of the Norfolk Police Department says a man left the McDonalds on the 400 block of St. Paul's Boulevard and walked into the path of a car headed south.

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Malpractice Information Available To Public Often Incomplete

WASHINGTON -- Physician profiles posted by the state medical regulatory boards are supposed to reveal whether a doctor has settled or lost malpractice suits. When a doctor makes a malpractice payout it doesn't always mean they've done something wrong -- insurance companies often urge doctor's to settle cases rather than go to court. Still, as News4’s Julie Carey found, critics of the state boards say when the lawsuits add up, patients have a right to know.

For more information, follow the link below.

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Navy man killed in head-on motorcycle crash

VIRGINIA BEACH - A 20-year-old Navy man died on Sunday night in a head-on motorcycle crash on Sandbridge Road in Virginia Beach.

Police spokesman Jimmy Barnes said Rollie J. Thurston was injured around 7:30 p.m. Sunday and died at Sentara Norfolk General Hospital.

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State police identify seven crash victims

The identities of three people killed on Richmond-area roads, and four others killed elsewhere in the state, have been released by the Virginia State Police.

For more information, follow the link below.

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Still no word on what caused a three car crash in Pungo

There's still no word on what caused an accident on Princess Anne Road in Pungo Wednesday.

The crash happened at around 10:30 a.m.. Investgators say that a Ford F-150 pick-up truck appears to have been travelling southbound on Princess Anne Road when it crossed over the center line, sideswiped a dump truck, and struck a Ford workvan.

For more information, follow the link below.

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Richmond man dies after crash in Henrico

Richmond man died Friday at 9:47 a.m. at VCU Medical Center, about 90 minutes after the car in which he was riding was involved in a three-car crash in Henrico County.

State police said Bryon Bogans, 57, was a passenger in a vehicle traveling on Thalbro Street, near the intersection with Staples Mill Road. Police said the vehicle ran a red light, was struck by a sport utility vehicle and then spun into a third vehicle.

For more information, follow the link below.

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Mattel shifts into crisis mode after quality problems

EL SEGUNDO, California: The wake-up call for Mattel came just as it was preparing to announce that the company would recall 1.5 million Chinese-made toys that were tainted with lead paint.

Surrounded by boxes of Barbie dolls, Hot Wheels cars and other sample toys, Tom Debrowski, Mattel's executive vice president for worldwide operations, was leading a tense early-morning trans-Pacific telephone conference with his team in Hong Kong, where it was 9 p.m.


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YouTube Video Appears to Show W. Va. Medical Malpractice Evidence

HCA Inc. had nothing to do with the video posted on the Internet showing sealed evidence from several of the 122 medical malpractice cases against a former West Virginia osteopathic physician, lawyers have told a judge.

A civil jury found Putnam General Hospital negligent last week for hiring Dr. John A. King. That verdict exposes the hospital to the lawsuits alleging King harmed or even killed patients through unnecessary surgery and other malpractice during his six months there. He left in mid-2003.

For more information, follow the link below.

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Western Branch woman found guilty in fatal 2006 wreck

A Western Branch woman was convicted Thursday in a fatal wreck last fall on Taylor Road.

Judge J. Warren Stephens, a substitute judge, found Virginia Harvey guilty of reckless driving after a bench trial in Chesapeake Circuit Court. Harvey is to be sentenced Nov. 20.

Harvey had appealed an April lower court conviction and sentence of eight months in jail, with four months suspended.


For more information, follow the link below.

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Woman struck and killed by dump truck in Norfolk crash

NORFOLK - A woman died this morning when her car was struck by a dump truck at a Norfolk intersection.

Police spokesman Chris Amos said the woman, who has yet to be identified, was driving a blue Toyota Camry southbound on Llewellyn Avenue around 9:53 a.m. when she was struck by a dump truck marked B&H Sales Corp. that was traveling west on 26th Street. Police have not released the name of the truck driver.

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Poll: Americans dislike corporate misdeeds over frivolous lawsuits

OKLAHOMA CITY – Americans are much more concerned about corporate misdeeds than tort reform, according to a national poll conducted for the American Association for Justice, formerly the Association of Trial Lawyers of America.

For more information, follow the link below.

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The Real Kings of "Frivolous Lawsuits"

We've noticed that Tort Reform organizations never seem to mention how many lawsuits are being filed by the very corporations that they represent.

For more information, follow the link below.

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You'd Better Be Wealthy if You're a Fast, Reckless Driver in Virginia

That's one complaint from opponents of a new state law that went into effect July 1 to raise fines on traffic violations to as much as seven times their previous levels. Excessive speeding — or even driving with under-inflated tires — could cost $1,000 or more under the new law.

"You're turning the police into tax collectors with guns — it's the wrong message," said Del. Bob Marshall, a Republican in the Virginia House of Delegates who opposed the legislation. "That's why this thing has to go."

For more information, follow the link below.

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Sixth victim of Suffolk car crash dies this morning

SUFFOLK - A sixth person has died this morning as a result of injuries sustained in the fiery crash on Route 58 in Suffolk yesterday.

Police spokeswoman Lt. Debbie George said the male victim was most likely a juvenile. She said he was alive when he was pulled from the Honda Accord involved in the accident but died this morning at Sentara Norfolk General Hospital of mass trauma sustained after the car hit a truck and burst into flames.

For more information, follow the link below.

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Do cheap Chinese goods have to mean trade-off in quality?

Killer pet food. Tainted toothpaste. Tires lacking an essential safety component. And now, seafood laced with potentially unhealthy levels of antibiotics.

Suddenly, "Made in China" looks like another way of saying: "Buyer beware."

For more information, follow the link below.

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Made in China: Shoddy and Dangerous Goods

Chinese-made goods are flooding the country faster than the FDA and CPSC can keep up with them.

That could be dangerous for you.

For more information, follow the link below.

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Virginia pain doctor sentenced to nearly 5 years in prison

ALEXANDRIA, Virginia: A doctor whose technique of prescribing massive doses of opiates placed him in the midst of a national debate on the treatment of chronic pain was sentenced to nearly five years in prison Friday on federal drug charges.

The sentence of four years and nine months was far less than the life sentence prosecutors said was appropriate for William E. Hurwitz, 61, whose pain-management clinic in a suburb of Washington, D.C., drew patients from across the country.

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When Tort Reformers Slip And Fall

So-called "tort reform" is one of the Republican Party's favorite issues, and this administration in particular has done a lot to limit the power of employees and victims of government, industrial and consumer discrimination and negligence to bring lawsuits against employers and corporations.

For more information, follow the link below.

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A Great Day for the ATRA

The $54 Million Pants Lawsuit is more than just a ridiculous waste of time.

It's a marketing bonanza for tort reform organizations.

For more information, follow the link below.

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Man killed in car accident

VIRGINIA BEACH -- A 26-year-old Virginia Beach woman has been arrested and charged with aggravated manslaughter and second offense DUI following a fatal car accident Saturday morning.

For more information, follow the link below.

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"Thomas & Friends" Toys Recalled Over Lead Poisoning Concerns

The U.S.-based toy maker RC2 Corporation has issued a recall on more than 1.5 million of its Thomas & Friends Wooden Railway toys over concerns of potential lead poisoning. According to the company, the surface paint on the recalled toys contains lead that can cause serious health effects in children if ingested.

For more information, follow the link below.

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Doctors, Nurses Help Promote New Michael Moore Film

A colorfully-wrapped bus carrying nurses on a national tour to build momentum for the June 29 "Scrubs for Sicko" campaign arrives tonight to bring their campaigning to Washington D.C. The bus will arrive at 5 p.m. at the Mayflower Hotel. Tomorrow, the RNs will proceed to the Take Back America conference and a special hearing at the U.S. Capitol.

For more information, follow the link below.

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Malpractice Insurers Make Billions in 2006

The American Association of Justice recently completed a study of the 2006 financial statements of fifteen insurance companies that specialize in medical malpractice.

for more information, follow the link below.

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Wrongful death information ruled public

A judge has ruled that the company that made a suspect heart medicine must disclose the amounts it paid in settlement in four wrongful death cases.

Judge Ann Hunter Simpson said yesterday that Central Admixture Pharmacy Services must make the disclosure but delayed release of the information until attorneys for the company can decide on an appeal.

For more information, follow the link below.

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Glaxo, Top Ad Spender, Didn't Publicize Diabetes Drug's Risks

June 1 (Bloomberg) -- GlaxoSmithKline Plc was the drug industry's top advertiser last year, promoting its asthma and diabetes treatments to patients and doctors. Information the company didn't make well known is now drawing more attention.

London-based Glaxo knew its Avandia diabetes pill posed a risk for heart and circulatory complications as early as 1999, when the medicine won U.S. approval. The cardiovascular concern wasn't widely disseminated until May 21 when a Cleveland Clinic Foundation analysis reported that Avandia may cause a 43 percent higher risk of heart attacks than other drugs.

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The FDA: Asleep at the Wheel?

The Food and Drug Administration has let entirely too many dangerous drugs slip through the cracks.

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Pub clears up after car crash

A car careered into a Norfolk pub late at night, leaving a gaping hole in the main wall and debris scattered around the dining room.

The Swan Inn at Ingham, near Stalham, was closed yesterday after the midnight incident, but will be open for business today - although the restaurant will have fewer tables available.

For more information, follow the link below.

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Latest in the UVA stabber lawsuit

Trial is set for March 4, 2008, in the wrongful death lawsuit brought by Howard and Barbara Sisk, parents of slain firefighter Walker Sisk, who was killed on the Corner in 2003 by third-year UVA student Andrew Alston, Liesel Nowak reports in the DP. The Sisks seek $3 million from Alston, who now lives with his parents in affluent Lower Gwynedd, Pennsylvania.

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Woman Hurt In Virginia Beach Crash: Medics Cut Her Out Of Car

A woman was seriously hurt in a bad accident Saturday afternoon in Virginia Beach. Police say the driver that hit the woman may have ran a red light.

It happened around 10:00 a.m. Saturday on Lynnhaven Parkway at International Drive. That's near Lynnhaven Mall. Witnesses to the accident tell Your NewsChannel 3 that a utility truck ran a red light and T-boned a woman in a red sedan.

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OxyContin: Purdue Pharma's Billion Dollar Marketing Lie

OxyContin was marketed as a safe and non-addictive pain reliever.

Fifteen years and thousands of ruined lives have proved differently.

For more information, follow the link below.

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Harris County judge nixes Vioxx lawsuit

A Harris County judge today dismissed part of a woman's Vioxx lawsuit against painkiller maker Merck & Co., setting in motion an appellate process that could change the legal landscape for all Texas pharmaceutical lawsuits.

Harris County state District Judge Randy Wilson, who oversees all Vioxx cases in Texas, ruled that Ruby Ledbetter, who had a heart attack after using the drug and was due to go to trial in May, may not sue Merck claiming it failed to properly warn her of the drug's risks.

For more information, follow the link below.

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Teens die in Virginia Beach car crash

VIRGINIA BEACH, Va. Two teenage girls were killed when their car was rear-ended at a stoplight in Virginia Beach.

Police spokesman Jimmy Barnes identified the victims as 17-year-old Allison Kunhardt and 16-year-old Tessa Pranchant. He says the car driven by Kunhardt was stopped at a light on Virginia Beach Boulevard last night when it was hit by a vehicle driven by 22-year-old Alfredo Ramos.

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Pet Food Recall Expands

Pet food recall - What dog and cat food is safe? As news slams in each day of differing recalls for cat and dog food, hog food and other animal scares owners are baffled and asking what is safe. The answers aren't very good ones. Consumers, knowing that some of the recalled pet foods are still available on supermarket shelves and having heard about new recalls only last week, hardly believe that commercial pet food can be purchased with much confidence, a report from the Canada Free Press rightly concludes.

For more information, follow the link below.

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VA Blamed in Patient Death

Late last month, the federal government paid $210,000 to settle a wrongful-death lawsuit by the widow of a patient who died June 10, 2001, of a drug overdose in the Hampton Veterans Affairs Medical Center's psychiatry unit.

Hospital officials have linked 35-year-old Glen Brennan's death to the blanket no-visitors policy that they had in place for the unit from the fall of 2004 until last week.

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NTSB: Beechcraft Sierra May Have Been Overweight in Norfolk Crash

VIRGINIA BEACH -- A small plane that slammed into the backyard of a Lawson Forest home nearly a year ago, killing the pilot and a passenger, was about 2 pounds overweight and was not displaying a manufacturer's warning signs on properly latched cabin doors.

W hether those factors played a role in the crash that killed Norfolk businessman George R. "G.R." Schell, 69, and his girlfriend, Judy Broadway, 63, of Rockledge, Fla., have not been determined.

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Black Woman: Boss's "help" violated Title VII

Black woman: Boss's ‘help' violated Title VII
By Paul Fletcher


A black female former administrator for the Department of Transportation says that her boss's efforts to "help" her and "look out" for her because others in the agency didn't think a black woman could handle her job actually hindered her and caused performance problems.

She says the boss disagreed with the nay-sayers, testifying, "I wasn't raised that way."

She says this different treatment was a violation of Title VII.

Her lawyer says in a brief to the court that this case may be one of "the soft bigotry of low expectations," citing President George W. Bush's famous line.

And a federal judge in Norfolk says that he wants to hear evidence in the case, denying VDOT's motion for summary judgment.

In fact, the case apparently marks the first time that U.S. District Judge Walter D. Kelley Jr. has ever denied a motion for summary judgment in an employment case, said the plantiff's lawyer, Lisa A. Bertini of Norfolk.

Bertini said that in her research of 16 prior employment cases handled by Kelley, only in one did he deny a part of the defendant's motion for summary judgment.

But in Wimbush v. Virginia Department of Transportation (VLW 007-3-139), Kelley said the case should be set for trial.

Demotion, transfer

The plaintiff had worked for VDOT for 20 years when she was promoted to district administrator for the Hampton Roads region. Two years later, she was demoted to a new position created in the Richmond office called "special assistant to the chief financial officer."

Bertini said this new position was essentially a "secretarial job." The plaintiff quit this job and later brought a Title VII complaint before the Equal Employment Opportunity Commission. The EEOC issued a right-to-sue letter, and she filed a complaint in federal court.

VDOT moved for summary judgment.

At issue, Kelley wrote, were the plaintiff's allegations that she was treated differently on the basis of her race and sex. At the pertinent time, there were 12 VDOT district administrators across Virginia, and 11 of them were white and male. The plaintiff was the only black or woman at that level of management.

Kelley noted that the plaintiff claims that she was disciplined differently from the other DAs and alleges that the VDOT commissioner "systematically undermined" her position by dealing directly himself on matters within her district, instead of letting her do her job.

And, Kelley wrote, the plaintiff says the commissioner acknowledged what he was doing, but he "professed to act out of a noble purpose."

She says he said that he was trying to "ensure her success" because others within VDOT didn't think a minority female could do the DA job. He himself disclaimed "any personal discriminatory animus," the judge said.

Kelley found that whether the plaintiff was disciplined any differently is a disputed question of fact. He needs testimony, he said.

Also, the commissioner's motives in interfering in the Hampton Roads district likewise have become a disputed question of fact, he said.

If he treated the woman differently because of her race or gender, "such conduct is actionable" under Title VII, even if he thought his actions were beneficial, Kelley wrote.

He added, "If the jury accepted Mrs. Wimbush's version of events, it could reasonably conclude that [the commisioner's] racial and gender-based paternalism" inhibited her development, leading to performance problems.

Motion for summary judgment was denied, and the parties were told to set a trial date.

Sydney E. Rab of the Attorney General's office is representing VDOT in the case.



© 2007 Lawyers Weekly Inc., All Rights Reserved.

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Products claims found in comp cases, consumer calls

Products claims found in comp cases, consumer calls
By Deborah Elkins

WHITE SULPHUR SPRINGS, W.VA.—Workers' comp attorneys may be missing something if a client only collects benefits pegged to weekly wages.

In workplace injury cases that involve machinery, there may be a products liability claim to pursue. Such a claim may work even if the employer says the worker violated a safety rule, according to Norfolk lawyer Michael F. Imprevento, who spoke at the annual meeting of the Virginia Trial Lawyers Association at The Greenbrier on April 14.

For p.i. lawyers steeped in traditional negligence law, products cases can feel liberating. Contributory negligence is not necessarily a bar, and a claim can be viable even if there has been no prior litigation or consumer recall involving the product.

The common element in products cases Imprevento tackles is a product that could be made safer.

With this wide-angle focus, and a support staff trained to listen carefully to consumer calls, Imprevento says he has successfully handled defective design or warning cases involving products such as children's swings, children's play shoes, vaporizers, cribs, toys, halogen lamps, paper shredders and auto ramps, as well as a wide variety of industrial equipment.

"Products liability litigation is different," Imprevento said. "You don't screen these cases in the way you would screen ordinary negligence cases. For your working standard, you use a simple formulation of unreasonable dangerousness."

"When you screen these cases, you must be more forgiving of the plaintiffs," he said. "Most of these cases involve people who have done things that are dumb, and yet the law still protects them."

In the products cases that arise from comp cases, start from these premises: "It's fundamental that machines must be guarded," and workers can and should be protected from their own mistakes. And in a workplace case, it may not just be the injured worker who wants to make the case, it may be the comp carrier who is looking for someone to share liability.

A safeguard on dangerous machinery can be something as simple as a light-curtain sensor that shuts down a machine when a person puts his hand where it does not belong.

"Even the most experienced workers get complacent," Imprevento said. "Products do not have bad days," but workers do.

In products liability, you need to know the law before you screen the cases. Virginia law "is conservative but ingenious in its simplicity," Imprevento said.

The commonwealth has one of the greatest warning laws in the country, Imprevento said. Virginia law places the duty to properly warn of a product's danger on the defendant, which can help the plaintiff's lawyer ward off defense arguments of intervening cause from a parent's lack of supervision. As an example, Imprevento cited an older case in which a child drank furniture polish. "It looked like red cherry Kool-Aid."

"One quirk of Virginia law, it's limited in its defenses," Imprevento said.

A manufacturer can defend on "open and obvious misuse," but there is no contributory negligence on a properly made breach of warranty claim.

The lawyer must be alert, however, to the difference between a Virginia court applying Virginia products liability law, and a federal court applying Virginia's "unreasonable dangerous" standard, according to Imprevento. The federal courts' summary judgment standard makes for a lower bar for the defendant, based on the product's compliance with voluntary or regulatory standards.

With the legal framework in mind, the lawyer turns to the product.

What type of product is it? Is it a product that can be made safer? Has it been altered? It's important to be familiar with governing safety standards, and it may be necessary to hire an engineer to help with a product analysis.

Don't just look at products with a track record of recent injury. Imprevento said that in 75 percent of the cases his firm involved in, the company never has been sued before for this product.

A lawyer does not have to wait until the Consumer Products Safety Commission issues a recall, nor is a claim automatically barred if the product has been damaged or destroyed, Imprevento said, citing a case his firm handled that involved a waterless vaporizer. The product had melted in a fire, but a fire marshal had issued a report indicating there had been other reports on the vaporizer. CPSC said it had the product under review, but it had yet to issue a warning.

By moving beyond the mind-set that a products case is a class action against a major manufacturer, a plaintiff's lawyer may be able to expand his practice.



© 2007 Lawyers Weekly Inc., All Rights Reserved.

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Tort Reform Hypocrites: An Interesting List

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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Should the HPV Vaccine be Mandatory?

While Merck's new HPV vaccine can be viewed as a positive development, making it part of a mandatory package of shots for eleven year old girls is highly questionable.

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Beach to pay $825,000 to settle lawsuit over ambulance crash

The estate of a 34-year-old man killed in 2005 when his car was hit by an ambulance has settled a lawsuit with the city for $825,000.

The wrongful death suit, which originally sought $10 million in damages, was settled in mediation last month after the criminal case against the ambulance driver, Jason Frye, concluded.

For more information, follow the link below.

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Local VA hospitals tend to get higher marks than Walter Reed

PORTSMOUTH - Marine Cpl. Chris Ferry has nothing but praise for Portsmouth Naval Medical Center, where he's recovering from an explosion in Iraq that mangled his left hand.

Former Army infantryman Jonathan Bartlett is mostly pleased about the care he got at Walter Reed Army Medical Center, where he was treated after losing both legs in combat. But the Norfolk native is less satisfied with the Department of Veterans Affairs.

Then there's Marc Luley, a former Oceana-based Navy fighter pilot forced into medical retirement last year. He bitterly complains about struggling to get help from the VA.

For more information, follow the link below.

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Class 1 Medical Device Recall - Smith & Nephew, Inc. Radiofrequency Denervation Probes

The RF Denervation probe is used for radiofrequency lesion procedures for the relief of chronic pain by applying heat to the nerves.

The product was mislabeled. The device is a non-sterile (not germ-free) device but it was labeled incorrectly as sterile (germ-free). It is a reusable item that is intended to be sterilized (made germ-free) by the medical facility prior to each use, including initial use. This error may result in infections with associated risks including, organ failure and/or death.

For more information, follow the link below.

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Lifeline External Defibrillators Under Recall

Defibtech®, LLC, is initiating a voluntary worldwide recall of Lifeline® Semi-automatic External Defibrillators (AEDs) and ReviveR® Semi-automatic External Defibrillators (AEDs). This recall affects all Lifeline® and ReviveR® AEDs with software versions 2.002 and earlier. The self-test software for these devices may allow a self-test to clear a previously detected low battery condition. If this situation occurs, the operator may be unaware of the low battery, and the device may be unable to deliver a defibrillation shock, which could result in failure to resuscitate a patient.

For more information, follow the link below.

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Insurers Charging Higher Premiums to Less Educated

Do you want lower insurance rates?

The fix is pretty simple. All you have to do is go back to school, earn a PhD, and quadruple your current salary.

For more information, follow the link below.

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Insurance Company Contact Information

If you cant find contact number for an insurance companies claims department, follow this link.

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Dying Medical Malpractice Plaintiff Arranges for Adoption of Her Own Children

VIRGINIA BEACH - For 14 years, Diane Sadovnikov built a career on the essential goodness of the American family, connecting hundreds of married American couples with orphaned Ukrainian children.

It brought her a deep sense of satisfaction and a dash of adventure.

She was changing the world as she traveled through it, making dozens of journeys between the United States and Odes a in Ukraine, with good news for needy children and those who loved them.

For more information, follow the link below.

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State Farm Suspends New Policies in Mississippi

State Farm Insurance is suspending sales of any new commercial or homeowner policies in Mississippi effective Friday, the Associated Press writes. It says the company put part of the blame on a wave of litigation it has faced after Hurricane Katrina.

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Insurance Companies Enjoy Another Year of Record Profits

Newly-released data shows that insurance company profits for 2006 are approaching record highs. This follows the industry’s 2005 profits, which itself broke records despite Hurricane Katrina. The high profitability trend applies to all lines of coverage, including auto insurance.

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Woman gets 8 years in prison for fatal DUI crash at Beach

VIRGINIA BEACH – A woman whose drunken driving caused a fatal car crash last year was sentenced Tuesday to eight years in prison.

The driver, Cora Hipp, was convicted Dec. 4 of involuntary manslaughter and driving under the influence for her involvement in a crash on July 11 at Northampton Boulevard and Burton Station Road.

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Philips Recalled Thousands of Defibrillators in 2006

Royal Philips Electronics recalled 2,000 of its defibrillators in the second half of 2006 after the U.S. Food and Drug Administration (FDA) found technical failures in the machines that are used to restore normal heart beat, a company spokesman Wednesday said.
"The recall has no material impact," Philips spokesman Jayson Otke said, explaining that the devices are part of a business that represents below 1% of total group sales.

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Insurance Industry Posts Record Profits In 2006

WASHINGTON --

The insurance industry made record profits in 2006, and a new report out Monday said it's at customers' expense.

Some consumer groups said companies are paying out lower claims and charging higher premiums than in the last 50 years.

After the Florida hurricanes of 2004, consumer groups said the insurance industry made record profits. After Katrina in 2005, the industry broke that record in how much it took in. And in 2006 --- with no major disasters -- the industry made $60 billion in profits.

The Consumer Federation of America said the disasters from years past allowed companies to raise their prices.

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Hurricane Katrina: Seventeen Months and Counting

It was only seventeen months ago that Hurricane Katrina effectively ended the existence of one our most treasured cities, killed over 1,000 people and ruined the lives of thousands of others. It was only a few days later when the President said that it was impossible to imagine America without New Orleans. So why are so many people still waiting for help?

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Progressive Insurance: Art for Profit's Sake

Progressive Insurance has one of the largest and most valuable collections of American Art in the world. So why are they only offering pennies on the dollar for your claim?

For more details, follow the link below.

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Beach police shut down Centerville Turnpike after accident

VIRGINIA BEACH -– Police shut down Centerville Turnpike, between Indian River Road and Jake Sears Road, for about three hours this morning while they investigated a serious accident near Regent University.

The wreck occurred shortly before 6 a.m. when a Jaguar traveling south on Centerville Turnpike lost control and traveled over the center line. The car then collided with a Pontiac head on, said police spokeswoman Margie Long.

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Hartford Insurance puts up $26 million to settle 'Colosuss' class action

TEXARKANA, Ark. - For $26 million, Hartford Insurance bought its way out of a colossal lawsuit and joined the plaintiff team.

Hartford in October reached agreement with plaintiffs who alleged in Miller County circuit court that the insurer improperly reduced payouts on injuries.

Other defendants cried foul, charging that Hartford's settlement would entice their policyholders to switch to Hartford.

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Mother, child awarded $1.8 million for injuries during childbirth

IRGINIA BEACH - A child and his mother were awarded $1.8 million by a jury late Thursday for a medical malpractice claim. The case stemmed from an injury the baby suffered during birth.

The award was the maximum allowed under state law.

Twan Johnson was born Aug. 2, 2004, at Chesapeake General Hospital. He currently lives with his mother, Venus Bowles, on Gate Tree Court in Virginia Beach.

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One killed in four-vehicle accident on eastbound I-264

VIRGINIA BEACH - The driver of a pickup involved in a fatal and fiery four-vehicle crash Wednesday afternoon did not have a driver's license when he barreled into the back of a car stopped on Interstate 264 near Newtown Road.

The accident forced police to close all of the on-ramps to the eastbound lanes, causing a traffic bottleneck that stretched past Ballentine Boulevard in Norfolk on eastbound I-264 and slowed traffic on Interstate 64.

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String of hit and run cases, some deadly, has investigators concerned

A string of hit and run cases across Hampton Roads is cause for concern for investigators.

Three hit and run investigations in three cities in just days.

The most recent fatality occurred in Virginia Beach where a 29 year old man was hit while walking on Pacific Ave. early Sunday morning. 29-year-old Michael W. Taylor died Tuesday after being in grave condition since the accident.

For more information, follow the link below.

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Harris Teeter Removes Recalled Product, 1 Month Later

On November 9, the Food and Drug Administration announced a voluntary recall of acetaminophen. It was only Tuesday, however, that the bottles of the painkiller were completely gone from the shelves of Harris Teeter stores.

It was an apparent oversight on Harris Teeter's part and prompted another recall to ensure all the recalled drugs are off store shelves.

For more information, follow the link below.

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Woman died because of error during surgery, lawsuit claims

VIRGINIA BEACH - The estate of a 24-year-old Norfolk woman who died almost two years ago after surgery has sued the doctors involved in the procedure, saying a surgeon tore her esophagus during an operation to remove a medical device.

Talethia McLean died Jan. 2, 2005.

The lawsuit, which seeks $3 million in damages from Sentara Bayside Hospital and three physicians, was filed in Virginia Beach Circuit Court on Dec. 20. Samantha Price of Norfolk is named as the administrator of McLean's estate.

For more information, follow the link below.

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Ford's Lemons Leave Sour Taste in Consumers' Mouths

No one can say Ford doesn't get lots of publicity. Unfortunately, most of it is bad. The company expects to lose $10 billion this year and is trying to borrow $15 billion in operating cash as its "Way Forward" turns into a desperate dash for the exits.

For the rest of the story, follow the link below.

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Hang Up And Drive That Bus

Larry Hinton is a civilian employee of the Navy, which has declared that cell phones cannot be used while driving on local naval bases.

Hinton think s public employees also should be held to a high standard for cell phone use. He ponders this, in particular, during trips aboard a Hampton Roads Transit bus from his Great Bridge home.

"They're all the time using the cell phones," Hinton said of the HRT bus drivers. "It's like it's no big deal to them, but when we're out there on the interstates, I have some questions about that."

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Merck Judge Refuses Class-Action Status for Vioxx

Nov. 22 (Bloomberg) -- 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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Senator Learns About Insurance Companies the Hard Way

Senator Trent Lott was a big proponent of tort reform, at least until his beach house was wrecked during Hurricane Katrina.

Will his harsh treatment at the hands of State Farm change his views?

Click the link below for the whole story.

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Army explores issue of living wills as more return from war in comas

A growing number of troops are returning from Iraq and Afghanistan with severe brain damage, prompting the Army to examine whether living wills or other care directives from soldiers ought to be available to battlefield doctors.
The issue was raised this summer by wounded soldiers and families of casualties during a symposium sponsored by the Army's Wounded Warrior Program.

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Louisiana Ruling Gives Hurricane Victims More Options

BATON ROUGE, La. -- A state judge Wednesday ruled as constitutional two new state laws giving insurance policyholders more time to sue their insurers or file claims over damage from hurricanes Katrina and Rita.
District Court Judge Kay Bates, who read her ruling from the bench, said the extension of the time periods doesn't expand citizens' rights under existing contracts but gives those who were displaced by the storms more time to enforce their rights.

For more information, please 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 Huge Car Safety Recall Numbers

The number of safety recalls by auto manufacturers in 2006 has been staggering. The Norfolk, Virginia Law Firm of Breit, Drescher and Improvento takes a look at the overwhelming numbers of cars being recalled. Follow the link below for more information.

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Breit, Drescher & Imprevento recognized by Virginia Super Lawyers Magazine

Breit Drescher & Imprevento, PC has a reputation for large verdicts - in fact, it has won several of the largest awards in Virginia’s history. The firm’s lawyers are proud of the winning record they’ve established protecting the rights of victims of automobile accidents, medical malpractice, defective products and other injuries.

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Bristol Myers-Squibb Refuses to Recall Dangerous Antibiotic

An antibiotic that can fatally alter blood sugar levels in its users is being left on the market by its manufacturer.

Follow the link below for the whole story.

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New Federal Privacy Law Poorly Enforced

A 2003 Federal Law designed to protect the privacy and medical records of patients is rarely enforced, according to an article in the Washington Post.

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Despite Katrina, Big Insurance Makes Record Profits for 2006

Hurricane Katrina didn't even put a dent in the coffers of major auto and home insurers, who posted $44.8 billion in profit in 2005. Despite this record-breaking year, insurers are still discussing rate hikes and having the Federal Government bail them out of their obligations.

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Disetronic Medical Systems Announces Insulin Pump Recall

Fishers, IN -- April 3, 2006 -- Disetronic Medical Systems, Inc, (Disetronic) of Fishers, Ind. announced today a voluntary nationwide recall of all ACCU-CHEK™ Ultraflex Infusion Sets, because of a potential that tubing could fully or partially separate at the luer lock-tubing connection. In the event that a full or partial separation occurs, it is possible that insulin could leak from the infusion set tubing causing an interruption of insulin delivery, which can cause hyperglycemia.

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Medical Malpractice "Crisis" Officially Over

A study released by Americans for Insurance Reform shows that malpractice rates have remained flat across all 50 states, including those that have not enacted caps on punitive damages.

For the whole story, follow the link below.

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BDI announces investigation of Guidant defibrillators

As of June 2005, Guidant was aware of 43 reports of device failures, and two patient deaths related to Guidant defibrillators. Guidant has acknowledged that the actual rate of failure may be higher than the reported rate and that the number of associated deaths may be underreported, since implantable cardio-defibrillators are not routinely evaluated after death.

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BDI announces investigation of Medtronic defibrillators

On April 16, 2004, Medtronic announced that it was recalling two other heart defibrillators because they have been linked to at least four deaths and one injury. Medtronic said that Medtronic Micro Jewel II Model 7223Cx and the Medtronic GEM DR Model 7271 failed to charge properly which can result in the late delivery or non-delivery of cardiac shock therapy. Medtronic said that most of these devices were implanted in 1997 and 1998. About 1,800 are thought to be still in use.

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Bad Faith Insurance Companies: Who Are They?

This site provides invaluable information to consumers about which insurance companies have the worst records in their treatment and fairness to policyholders. Also, discover the tactics and strategies insurance companies use to cheat consumers.

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