Richmond Virginia Personal Injury Lawyer - Automobile Accidents

Breaking News: Defense Medical Examinations May Be Bogus!

Michael Phelan — Wed, 01 Apr 2009 15:32:59 GMT

The New York Times reported on a problem in personal injury and workers' compensation cases that is well-known to plaintiff's lawyers. Doctors who perform "independent medical examinations" (more accurately called, "defense medical examinations") routinely falsify their findings to minimize or dismiss real injuries in order to benefit the insurance companies who have hired the doctors to perform the examination. In one instance, the Times secretly videotaped a workers' compensation examination, recording the defense doctor examining the injured worker and calling out findings such as "mild spasm bilaterally," and tenderness to the neck "even to light palpation."

The report this defense doctor submitted directly contradicted the findings the same doctor yelled out as he examined the worker. He reported finding no back spasms or neck tenderness. Indeed, the doctor reported that the worker was not injured at all and could return to work. When confronted by the investigative reporter, the doctor said, "If you did a pure [i.e., honest] report, you'd be out on your ears and the insurers wouldn't pay for it." He added, "[y]ou have to give them what they want...[t]hat's the game, baby." Fortunately for New York and other states, there are many honest doctors like Stephen M. Levin, M.D., who has been picked as interim medical director of the New York workers' compensation board. Dr. Levin explained the defense medical examination scam as follows: "You go in there for a few minutes- and out comes a six-page detailed exam [report] that he never did." He added, "[t]here are some noble things you can do in medicine without treating. This ain't one of them."

Many defense doctors will accept money to testify against an injured person they have not even examined. They simple review the person's medical records and testify against the claimant without the charade of pretending to examine him. It's one thing for a physician to examine a patient, see that the patient is in pain, and then write a report saying that he is not in pain. How in the world can a defense doctor access pain in a patient he's never examined? He can't, but that doesn't stop them from doing it.

Why would members of such a noble profession engage in such sleazy behavior, you ask? The answer, as usual, is money. Some doctors make hundreds of thousands of dollars per year performing defense medical examinations. They have forgotten why they became doctors and are willing to forgo truth and healing for money. Not surprisingly, the Times reports that many of these defense examiners are older, semiretired physicians who no longer treat patients. One such septuagenarian said, "[b]asically, if you haven't murdered anyone and you have a medical license, you get certified. It's a nice way to semiretire." Nice indeed! Unless you're the injured worker who is too hurt to work, but whose benefits are being cut off because the insurance doctor is looking to cash out in his dotage.

Originally posted at InjuryBoard by Michael Phelan

Bus Driver Settles for $5 Million During Trial

Michael Phelan — Tue, 24 Feb 2009 10:53:55 GMT

A bus driver who lost a leg in a tractor trailer truck crash in Norther Virginia settled his case for $5 million while a Richmond Circuit Court jury was deliberating the case last Tuesday. The driver was driving students from West Virginia to Disney World when a tractor-trailer pulled from the right lane of U.S. 17 in front of the bus, which was in the left lane. the bus driver did not have time to stop, so he unsuccessfully attempted to swerve right into the space the tractor-trailer truck had vacated.

The bus driver lost his lower left leg and foot and suffered a shattered right hip and knee. He was represented at trial by three great Virginia trial lawyers: Rob Stoney, Peter Everette, and Mark Towery. The defense contended that the bus driver was contributorily negligent. Congratulations to Messrs. Stoney, Everrette, and Towery for trying a compelling case.

Word association studies show that the word most Americans associate with health is "mobility." The bus driver's lawyers showed the jury that, notwithstanding the driver's determination to get back to work with his artificial leg, the driver would face a lifetime of mobility challenges due to the driver's inability to work when snow and ice is on the ground, his difficulty walking on uneven terrain, and his need for future hip and knee replacements.

Originally posted at InjuryBoard by Michael Phelan

New Laws Aimed at Curbing Underaged Drinking and Driving

Michael Phelan — Tue, 01 Jul 2008 10:22:36 GMT

The General Assembly voted in March to institute tougher penalties to curb the number of car accidents involving teens who drink and drive. Those stiffer penalties go into effect today.

Previously, those younger than 21 who had consumed alcohol but were not legally drunk before getting behind the wheel faced fines, community service and a license suspension of up to six months. Under the new law, such an offense qualifies as a misdemeanor and carries a mandatory one-year driver's license suspension, among other punishments.

The hope is that these penalties will be a strong deterrent for teens tempted to drink and drive. In Virginia, 46 teens died in alcohol-related car crashes in 2006, the latest figure available from the Department of Motor Vehicles . Let's hope these numbers decline in 2008, as teens weigh the loss of driving privileges for 6 months against the choices of not drinking and driving, utilizing designated drivers, or calling parents or a cab for a ride home. As we all know too well, these choices seem much more rational to adults than to teenagers.

Originally posted at InjuryBoard by Michael Phelan

Accident Victims Are in Bad Hands With Allstate: Just File Suit!

Michael Phelan — Tue, 08 Apr 2008 14:27:55 GMT

On April 4, 2008, the District Court of Appeals, First District, State of Florida upheld the Florida Office of Insurance Regulation’s suspension of Allstate from writing insurance in the State of Florida. The Office had suspended Allstate weeks before for a refusal to produce the McKinsey documents during an investigation of the company. That suspension resulted in Allstate being cut off from a market comprising 17% of its national sales. The court found Allstate guilty of arbitrary reductions of bodily injury claim payments to its policyholders and beneficiaries by up to 20%. It also determined that Allstate was engaged in ongoing criminal activity by failing to cooperate with the Office of Insurance Regulation’s investigation of a crime, and that this constituted a danger to the public health, safety or welfare of citizens.

I choose not to deal with Allstate and other insurers whose policy is to delay and low ball legitimate claims. I recommend filing suit as soon as the matter has been investigated thoroughly. I'd rather have a jury adjust my client's claim than a computer program such as Colossus. At the very least, putting the case into litigation takes it out of the Colossus system and into the hands of a human being who can adjust the claim based upon recommendations from defense counsel, observation of the plaintiff in deposition, the track record of plaintiff's counsel, the venue, and other important factors that may not be considered by the software program designed to underpay claimants.

Originally posted at InjuryBoard by Michael Phelan

Allstate Faces Contempt Charges for Handling of Auto Cases

Michael Phelan — Thu, 17 Jan 2008 15:33:30 GMT

I blogged earlier this year about Allstate's "Delay, Deny, and Defend" policy designed to screw injured victims making claims under Allstate policies. CNN's Anderson Cooper also did an expose on this practice. The courts are now catching on. Allstate is facing contempt charges in Missouri with a $25,000.00 per day fine because it refuses to produce a report from consultant McKinsey & Co. which advises Allstate how to delay legitimate automobile accident claims to increase profits. A Miami court just ordered Allstate to cease selling automobile insurance policies in Florida, in part, because it will not produce the McKinsey report. The report allegedly describes in detail a scheme devised by Allstate and McKinsey to unscrupulously delay, deny, and defend legitimate claims that should be settled.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Michael Phelan

Fibromyalgia Drug Approved by FDA

Michael Phelan — Mon, 14 Jan 2008 10:59:32 GMT

Fibromyalgia is a disease whose very existence is questioned by some doctors, typically doctors hired by insurance defense lawyers in personal injury cases. However, fibromyalgia must be a real disease, because drug giant, Pfizer, says it is. Pfizer is marketing its drug Lyrica, which is the first drug approved to treat this pain condition. Fibromyalgia is characterized by chronic, widespread pain. Fibromyalgia sufferers typically do not respond to conventional pain killers like aspirin. Lyrica affects the brain and the perception of pain. Advocacy groups estimate that 10 million Americans suffer from fibromyalgia.

The controversy surrounding fibromyalgia is significant. Dr. Frederick Wolfe is the lead author of the 1990 paper that first defined the diagnostic guidelines for fibromyalgia. Dr. Wolfe has switched his position and now believes fibromyalgia is a physical response to stress, depression, and anxiety. He and others point out that there are side effects to Lyrica which include severe weight gain, dizziness, and edema. On the other hand, the American College of Rheumatology, the Food and Drug Administration, and many treating doctors recognize fibromyalgia as a diagnosable condition. Advocates see the FDA's approval of Lyrica as a milestone toward further legitimizing the diagnoses. Clinical trials for Lyrica showed that half of the patients reported at least a 30% reduction in pain. Those same trial also showed a 7% weight gain which continued over time. The potential for weight gain should be a major concern for any fibromyalgia patient who may already be overweight due to pain-induced inactivity. These issues should be discussed with one's doctor prior to trying a new drug that has not been subjected to long-term post-market studies.

For more information on this subject, please refer to the section on Drugs, Medical Devices and Implants.

Originally posted at InjuryBoard by Michael Phelan

Insurers Cheat Victims-Record Highest Profits Ever

Michael Phelan — Wed, 17 Oct 2007 18:00:20 GMT

Anyone who believes the propaganda from the insurance industry and US Chamber of Commerce about trial lawyers driving insurers out of business should read the excellent article posted October 15 on SunHerald.com about home insurers cheating victims while recording record profits. This article shows that the tort reform movement is a fraud. Even in the wake of Hurricane Katrina, property-casualty insurers, which cover damage to homes and cars, reported their highest-ever profit of $73 BILLION last year.

They accomplished this by routinely refusing to pay market prices for damaged or destroyed homes and replacement contents. They use computer programs to cut payouts; they change policy coverage with out explanation; they alter engineering reports (according to one of their own engineers); and they ask their adjusters to lie to customers (according to a former Allstate adjuster). This sleazy practice apparently kicked into high gear in 1992 when Allstate hired a New York consulting firm, McKinsey & Co., to improve profits. State Farm hired McKinsey shortly thereafter. From 1996 to 2006, Allstate's profits rose 140%. State Farm's profits doubled. Allstate was advised to stop being the "Good Hands People" and to put on the "Boxing Gloves." State Farm became the opposite of "Like a Good Neighbor."

How on earth did our Chamber of Commerce get to the point where its primary purpose is to attack the public's constitutional right to trial by jury? The answer is the Chamber is the pawn of an industry that has adopted lying, cheating and stealing as its business plan. Just read the SunHerald article.

Originally posted at InjuryBoard by Michael Phelan

Parents Guilty for Teen Drunk Driving Crash

Michael Phelan — Tue, 24 Jul 2007 21:36:05 GMT

Across the country, parents are pulling jail time for allowing underage drinking in their homes. On Saturday, a suburban Chicago couple was found guilty for allowing their teenage son to have a beer party in their basement. Two 18 year olds who attended the party later died in an alcohol-related car crash. The teen driver had a blood-alcohol level of 0.132. The parents whose son hosted the party face up to a year in prison. Here in Richmond, Virginia, a couple was convicted this week for allowing their child to host a beer party. The judge sentenced the Richmond couple to four years with all but four months suspended. Teen drunk driving is such an issue that local police forces have designated party crasher units and are encouraging neighbors to report underaged drinking parties.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Michael Phelan

$21 Million Awarded in Cellphone Auto Crash

Michael Phelan — Thu, 19 Jul 2007 17:43:46 GMT

A woman in Palm Beach, Florida caused a car crash that killed another person because she was distracted by talking on her cell phone. A Palm Beach jury recently ordered the distracted driver to pay $21.6 million to the beneficiaries of the person killed in the crash. We've all seen people driving on the highway while distracted by cell phone conversations or, worse yet, attempting to text message. This selfish and extremely dangerous behavior needs to stop. The $21.6 million awarded in this Florida case will not bring back the husband's wife or the children's mother.

For more information on this subject matter, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Michael Phelan

Allstate's Motto: Delay, Deny and Defend

Michael Phelan — Thu, 08 Feb 2007 16:35:44 GMT

Tonight on CNN's 360 With Anderson Cooper, Mr. Cooper will report on his 18 month investigation into the duplicitous tactics employed by Allstate, which claims "You're in Good Hands With Allstate," State Farm, which claims to be "Like a Good Neighbor," and other major automobile insurers to force unfair settlements on victims of motor vehicle accidents. Cooper interviewed victims, lawyers, and insurance company insiders. CNN previewed the story on Mr. Cooper's blogsite, reporting:

And if you are in a minor impact crash and get hurt...insurance companies will most likely try doing the same thing to you: delay handling your claim, deny you were hurt and defend their decision in drawn-out court battles. It's the three D's: delay, deny and defend. That, in a nutshell, is the stategy adopted by several major auto insurance companies over the past ten years.... With nowhere to go, Allstate and others bet you'll take what they offer and walk away. It's right in the training manuals we obtained from Allstate: force "smaller walk-away settlements."

Cooper interviewed a former Allstate claims adjuster who told him that she would offer as little as $50.00 to poor people, some of whom would take it for fear of getting nothing at all. The story features the case of Roxanne Martinez, who was broad-sided in an accident in Santa Fe, New Mexico. She suffered a cut above her eye and soft tissue neck injuries. She incurred $15,000.00 in medical bills and $10,000.00 in lost wages, but Allstate made her a $15,000.00 "take it or leave it" offer. Fortunately for Ms. Martinez, she declined Allstate's offer, hired a lawyer, and received a jury award of $167,000.00. Unfortunately, the verdict was three years post-accident. This story highlights the importance of accident victims contacting competent lawyers soon after their accident. Negotiating with companies like Allstate is a waste of time. The adjusters typically do not have authority to fairly compensate the victim. Rather, they have marching orders to delay, deny, and defend. Here's a message to accident victims: hiring a law firm that is nothing more than a high-volume settlement mill plays right into the hands of Allstate, State Farm, and the other companies investigated by CNN. You need a lawyer who is willing to file a lawsuit on your behalf (not beg for a settlement) and take your case all the way to trial. We are proud of our thirty year history of jury verdicts and settlements. Please contact us if you have questions about your legal rights.

Originally posted at InjuryBoard by Michael Phelan