Washington DC Personal Injury Lawyer Blog | Chaikin, Sherman, Cammarata, & Siegel P.C.

The Fight to Minimize the Interference of the Right to Sue Caused by the “Federal Preemption Defense”.

noreply@blogger.com (Biera Campbell) — Wed, 10 Mar 2010 14:04:00 +0000

Injured victims of negligence by drug manufacturers and manufacturers of other products attempt to stop lawsuits by individuals injured as a result of a defective component of the product or the failure to advise the public of defects in a product by asserting a Federal “Preemption” Doctrine. For instance, manufacturers of breast implants, orthopedic devices and numerous other products from drugs to automobiles claim that they should not be subject to lawsuits, even if their product was defective and caused an injury, because it was approved by the Federal government.

Trial lawyers argue that approval by the Federal government sets forth a minimal standard for a product but it may be based on incomplete, or inaccurate documentation and is almost always based on a historical sample, much smaller than that of the population once the product gets sold. Accordingly, regulatory agencies do not have all the information available to assure the complete safety of a product. That is why Federal agencies frequently require follow-up information.

Congress and the Courts, including the Supreme Court of the Unites States, have recently dramatically reduced the ability of manufacturers to rely on the Federal Preemption Doctrine as a defense to a claim of negligent design or defect causing an injury. This opens the door to justice for those individuals injured by defective products without having to confront the improper and artificial defense of preemption.

CAPS ON DAMAGES ARE UNFAIR, ARBITRARY AND UNCONSTITUTIONAL (AT LEAST IN ILLINOIS)

noreply@blogger.com (Biera Campbell) — Mon, 08 Mar 2010 17:33:00 +0000

Last month, the Illinois Supreme Court overturned a medical malpractice cap on damages finding that limiting compensation for injured victims of malpractice violated the Illinois constitution. Unfortunately, in Maryland and Virginia there are still caps on damages which limit the rights of innocent victims to obtain full justice when they are injured by negligence. In Maryland, there is no cap on economic losses (i.e. medical expenses and lost wages), but a cap on non-economic losses (i.e. pain and suffering). In fact the Maryland Court of Appeals in Norman A. Lockshin, M.D., P.A. v. Barbara S. Semsker recently upheld the Maryland cap on non-economic damages and found that it applied to all medical malpractice cases. In that case, a Montgomery County jury awarded $5.8 million to the family of a man who died when a malignant melanoma went undiagnosed causing his death. The jury awarded $3 million in non-economic damages. This verdict included $1 million in compensation to Plaintiff’s widow, $1 million in compensation to Plaintiff’s estate and $500,000 in compensation to each of Plaintiff’s two children. Unfortunately, these awards will be arbitrarily reduced to a total of $812,500 due Maryland’s cap on non-economic damages.

Similarly, The Washington Post featured an article on February 27, 2010 in which a verdict of approximately $3 million will be reduced to approximately $ 1.25 million. This case also involved a man who died as a result of a doctor’s missed diagnosis. In that case the Plaintiff had torn his esophagus when he swallowed a piece of steak. The radiologist mistakenly diagnosed him as having a hiatal hernia. Hopefully, the highest courts in Virginia and Maryland will take the lead from the Illinois Supreme Court and hold that caps on damages are unconstitutional, paving the way for negligent parties to be held fully accountable for their wrongdoing.

Poet's Corner- "The Road to Recovery"

noreply@blogger.com (Biera Campbell) — Thu, 04 Mar 2010 16:04:00 +0000

The Road to Recovery may seem lonely and bleak . . it may leave you weak and filled with defeat.

The Road to Recovery may be confusing with bursts of sunshine and valleys of darkness. . . with seconds of relief and days of pain.

The Road to Recovery may be confused with weakness and misunderstood as anger . . . even though your only wish is for a smile, if even for the meanwhile.

So you grunt and bear it and live with the pain.

You follow doctor's orders and hope that tomorrow will not be the same.

You put on a smile to hide the pain.

You wish every day that the Road will not be in vain - that you will overcome and regain your reign.

Yes, the Road to Recovery can be tough, but hang in there, persevere, and have no fear . . . for one day you will greet the world and realize that the pain you once felt has DISAPPEARED!!

By Ebony M. Robinson, Esq.

March is Brain Injury Awareness Month

noreply@blogger.com (Biera Campbell) — Mon, 01 Mar 2010 14:22:00 +0000

The law firm of Chaikin, Sherman, Cammarata & Siegel, P.C. is proud to participate in Brain Injury Awareness Month. Partners Joseph Cammarata and Ira Sherman are President and Vice President, respectively, of the Brain Injury Association of D.C. Serving in that capacity, efforts have been made to encourage the District of Columbia City Council to issue a proclamation, which it is expected to do this week, declaring March Brain Injury Awareness Month in the District of Columbia. Moreover, Ira Sherman has been in contact with the NFL Players Association attempting to coordinate an effort to educate youth athletes on the dangers of traumatic brain injury arising as a result of concussion. We will also be participating on Capitol Hill in education programs addressing traumatic brain injury. Our goal is to heighten everyone’s knowledge of the subtle effects of traumatic brain injury and the need to identify and care for individuals who have suffered a concussion and the adverse effects of traumatic brain injury.

WE CARE ABOUT OUR COMMUNITY

noreply@blogger.com (Biera Campbell) — Fri, 26 Feb 2010 23:10:00 +0000

The CSCS family once again donated to the Capital Area Food Bank to help feed those in our community that are less fortunate. Our Associate, Ebony M. Robinson, organized the food drive once again this year and the entire staff participated by donating food and personal hygiene items and filling up three large boxes in our lobby. If you would like to make your own donation, please visit: https://www.capitalareafoodbank.org/donate/ or drop off a donation to:

The Capital Area Food Bank
645 Taylor Street, N.E.
Washington, DC 20017

CSCS . . . We Fight For Our Rights Too!!!!

noreply@blogger.com (Biera Campbell) — Wed, 24 Feb 2010 14:57:00 +0000

As you may have recognized, CSCS has undergone extensive renovation of our lobby and conference room over the last 12 months. However, the renovations were not without strife. The contractors we hired to perform the repairs did not live up to their part of the contract. In fact, they walked away from the project leaving much of the work undone. Unfortunately, the lawyers at CSCS had to find other contractors to finish the work and file a lawsuit against the initial contractors once they refused to provide CSCS with a refund. Well, the Court saw it OUR way and awarded over $100,000 in damages for breach of contract and violations of the Consumer Protection Act. Here at CSCS, we fight for your rights AND OUR OWN!

RECALLED TOYOTAS HAVE CAUSED INJURIES – KNOW YOUR RIGHTS

noreply@blogger.com (Biera Campbell) — Mon, 22 Feb 2010 16:09:00 +0000

Toyota has recalled 8.5 million Lexus and Toyota vehicles, since October 2009 for problems with braking, accelerators and floor-mats. Many drivers have reported losing control of their vehicles and crashing as a result of sudden acceleration or when the accelerator has gotten stuck beneath carpet plastic floor mats. In addition, there have been incidents where the braking systems in Toyota’s best selling Hybrid Prius vehicles failed to appropriately respond to braking. These defects may have lead to serious and even deadly injuries.

Listed below are some of the Toyota and Lexus models involved in the largest recall in Toyota’s seven decade history:

2005-2010 Avalon
2007-2010 Camry
2009-2010 RAV4
2009-2010 Corolla
2008-2010 Sequoia
2008-2010 Highlander
2005-2010 Tacoma
2009-2010 Matrix
2007-2010 Tundra
2004-2010 Prius
2009-2010 VENZA
2007-2010 Lexus ES 350
2006-2010 Lexus IS 250 and IS 350

If you, or a family member have been injured as a result of an automobile accident involving one of the Toyota or Lexis vehicle involved in the recall you should call the the automobile accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. to review your rights.

Metro Derailment

noreply@blogger.com (Biera Campbell) — Fri, 12 Feb 2010 20:51:00 +0000

CSCS has learned that there was another incident with Metro's red line today. A six car train derailed by the Farragut North station. CSCS has successfully represented people in every train incident in the D.C. metropolitan area since 1998.

The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. have over 50 years of accumulated experience in pursuing justice on behalf of individuals injured as a result of the carelessness of Metro employees. We have a long history of successfully representing people injured in Metro stations and on its trains. If you or a loved one has suffered an injury or if a loved one has wrongfully lost their life as a result of this tragedy, contact Chaikin, Sherman, Cammarata & Siegel, P.C. to receive aggressive and competent legal counsel.

Snow Days

noreply@blogger.com (Biera Campbell) — Wed, 10 Feb 2010 20:44:00 +0000

YES, CSCS HAS SNOW DAYS AS WELL!!! We want to ensure the safety of our staff and clients and may choose to close the office during inclement weather. However, we remain available to our clients 24 hours a day, 7 days a week, so please call our personal injury office at 202-659-8600 or 1-800-229-8384 even if the office doors are locked.

Stay warm!

Pharmaceutical industry replaces the defense industry as having the most whistleblower cases against it.

noreply@blogger.com (Biera Campbell) — Tue, 02 Feb 2010 00:33:00 +0000

Previously, the defense industry was the most targeted industry by employees for the purposes of blowing the whistle on government fraud and waste. Now the pharmaceutical industry has taken over as the #1 area for whistleblowing. With the government picking up more and more of the nation’s healthcare costs, generally through Medicaid or Medicare, the focus has shifted to doctors, hospitals, drugmakers and other industry players. The rich reward, frequently in the millions of dollars, to whistleblowers has encouraged the use of the Federal False Claims Act. It is the intention of the Federal False Claims Act to encourage whistleblowers by rewarding them millions of dollars because in the end, the taxpayers- and that means you- save money.

Whistleblowers Focus on the Pharmaceutical Industry.

noreply@blogger.com (Biera Campbell) — Wed, 27 Jan 2010 21:09:00 +0000

The pharmaceutical industry is caught in a wave of whistleblower cases. Employees help the government shine a bright light on what they consider to be taxpayer fraud. Pharmaceutical fraud accounts for the largest amounts of money paid out under the Federal False Claims Act. In January, Eli Lilly and Co. agreed to pay $1.4 billion to settle charges that it illegally promoted the anti-psychotic drug, Zyprexa® for unapproved uses. Nine whistleblowers, all former Lilly employees, split about $100 million of the settlement as their reward. In September, Pfizer agreed to pay $2.3 billion to settle charges that it illegally promoted numerous drugs, including Bextra®, a painkiller. Six whistleblowers will split about $102 million. In October, AstraZeneca agreed to pay $520 million to settle investigations into illegal marketing. Numerous whistleblowers split an undisclosed amount of money in that case. Still pending is the law suit against Johnson & Johnson which began in Trenton, New Jersey and which was the subject of earlier blogs.

Whistleblowers typically get between 15% and 30% of any recovered damages, an amount which is frequently enough to retire with millions of dollars in the bank. For instance, last year a former Merck sales manager collected $68 million for helping to expose an alleged drug price-fixing scheme. A microbiologist at Warner-Lambert was awarded $26.6 million for helping expose illegal marketing of an epilepsy drug.

If you believe that you are aware of any tax fraud or inappropriate behavior that cost the government money, please contact the whistleblower attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C.

Brain injury Association of D.C. Seeks to Establish Coordinated Effort With The NFL Players Association.

noreply@blogger.com (Biera Campbell) — Fri, 22 Jan 2010 21:03:00 +0000

Ira Sherman, Vice President of the Brain Injury Association of D.C., has reached out the NFL Players Association in an effort to enlist their support in educating local students of all ages that are engaged in playing football to inform and educate them to the risks of a brain injury. It is the hope of the Brain Injury Association of D.C. to have the NFL Players Association add its knowledge and resources to the effort to educate both players and coaches regarding the potential risk of a traumatic brain injury as a result of a failure to properly protect against concussion and/or diagnosing it at the time it takes place.

Greater Emphasis on Traumatic Brain Injuries Which Occur As A Result of Playing Football.

noreply@blogger.com (Biera Campbell) — Fri, 15 Jan 2010 13:51:00 +0000

Congress has now gotten in the debate regarding the likelihood of traumatic brain injury to individuals who play football. On October 29, 2009, the House of Representatives Committee announced plans to study the link between playing football, concussions and traumatic brain injury. Representative John Conyers, Jr., Chairman of the House Judiciary Committee, said that the need for an expeditious review of all data is a necessity. He asked NFL Commissioner Roger Goodell and DeMaurice Smith, the Executive Director of the NFL Players Association, to share medical information with the committee. Both the NFL and the NFL Players Association enthusiastically agreed to share the data. We will keep you informed of this continuing investigation into the safety of football and the prevention, diagnosis and treatment of concussions and traumatic brain injuries that can result from playing football.

Montgomery County Seeks To Improve Pedestrian Safety In Parking Lots.

noreply@blogger.com (Biera Campbell) — Tue, 12 Jan 2010 00:35:00 +0000

Montgomery County’s County Executive Ike Leggett recently declared that the county would dedicate funds to the safety of pedestrians in parking lots. The surprising statistic resulting in this new emphasis is that of the 1,496 pedestrians struck between January 2006 and June 2009, 324 of them had been struck in parking lots. That means that approximately 1 in 5 pedestrian accidents take place in parking lots. This problem is particularly bad once Daylight Savings Time ends because residents are more likely to be running errands in the dark. Moreover, retail centers become crowded with holiday shoppers and the risks increase even further.

Chaikin, Sherman, Cammarata & Siegel, P.C. has represented numerous clients who were seriously injured as a result of being run over in parking lots. Accordingly, we welcome this new initiative by County Executive Leggett.

Partners Ira Sherman and Joseph Cammarata attend the Brain Injury Association of America’s Annual Affiliates Convention in San Antonio, Texas

noreply@blogger.com (Biera Campbell) — Wed, 06 Jan 2010 15:32:00 +0000

Partners Joseph Cammarata and Ira Sherman, President and Vice President of the Brain Injury Association of D.C., respectively, attended in their official capacities as leaders of the Brain Injury Association of D.C. at the Brain Injury Association of America’s Annual Affiliates Convention. The Affiliates Convention is an annual get-together where representatives from across the country gather to share their experiences, both good and bad, over the last year. Of course, the economy has posed a challenge to all affiliates. Surprisingly, one of the primary matters of discussion was the use of social networking on the Brain Injury Association of America website. Overall, the convention was a complete success with a wonderful exchange of ideas having taken place.

New York Times Reports that there is a risk of dementia seen in football players.

noreply@blogger.com (Biera Campbell) — Mon, 04 Jan 2010 12:44:00 +0000

On September 29, 2009, the New York Times reported on a study commissioned by the National Football League that Alzheimer’s disease or similar memory-related diseases appear to have been diagnosed in the league’s former players vastly more often than in the national population. According to the report, the rate of dementia is 19 times the normal rate for men between the ages of 30 and 49. The confirmation of the existence of dementia is the league’s first public affirmation of the connection to playing football and the development of brain injury-related dementia. The announcement of this finding could have a dramatic effect on safety policies in the area of all sports, not only football, and at all levels, not only professional. Hundreds of on-field concussions are sustained every week at each level and certainly little league, high schools, colleges and professional associations will need to concentrate more thoroughly on the adverse consequences of playing the sport without a maximum amount of protection, prevention, diagnosis and treatment.

Brain Injuries As A Result of Warfare

noreply@blogger.com (Biera Campbell) — Wed, 30 Dec 2009 12:52:00 +0000

In the previous blog, we noted that the Los Angeles Times October 5, 2009 edition contained an article regarding brain injuries on the sports field. That article also addressed brain injury suffered in Iraq, Afghanistan and other hotspot areas. Platoon sergeants and unit commanders are repeatedly confronted with the problems of whether or not one of their soldiers, in the wake of an explosion, car bombs or other perils, have suffered a brain injury. The officers often get confused answers and detect lingering symptoms of a concussion.

According to the article, the troops that suffer concussive blast waves rippling out from an explosion are causing brain injuries that are very similar to concussions caused by sports, collisions, falls, and automobile accidents. Deep inside the brain of the soldier there is a wound, no different than that suffered by the automobile accident victim, slip and fall victim or a sports player suffering from a collision on the field. Through 2009, nearly 9,000 U.S. troops in Iraq and Afghanistan have been evaluated and/or treated for traumatic brain injury. However, according to the Los Angeles Times article, a recent assessment by the RAND Corporation estimates that at least 180,000 and as many at 360,000 U.S. troops serving in those wars may have sustained head trauma capable of causing a brain injury.

Los Angeles Times Reports on Brain Injuries on the Sports Field and Battle Field.

noreply@blogger.com (Biera Campbell) — Tue, 29 Dec 2009 12:50:00 +0000

On October 5, 2009, the Los Angeles Times contained an article (click here to read), regarding injuries sustained by football players and other athletes. The article pointed out that there is a dilemma faced by coaches at all levels in all kinds of sports which is the same as that often faced by emergency medical technicians responding to the scene of a car crash or by supervisors called to the scene of a workplace accident. The question which is difficult to answer which poses the dilemma is: “This person looks fine on the outside but has his brain- lodged in a bony case and far from view- been hurt?”

According to the Los Angeles Times article, a brain injury occurs every 7 seconds.

The Purpose and Scope of the NFL Players Association’s Concussion and Traumatic Brain Injury Committee.

noreply@blogger.com (Biera Campbell) — Wed, 23 Dec 2009 15:10:00 +0000

The announcement on October 5, 2009 of the NFL Players Association formation of a Concussion and Traumatic Brain Injury Committee was welcome news. The NFL Players Association Concussion and Traumatic Brain Injury Committee is intended to address two fundamental and critical issues facing professional football players. First, the committee will address the diagnosis, treatment and prevention of concussions and traumatic brain injury in active players. Secondly, the committee will address the long-term cumulative effects of isolated or repetitive brain injury in NFL players in order to discover how these effects can be reduced and eliminated.

Executive Director DeMaurice Smith issued a statement which reads, “The health, safety and welfare of our players is never just an issue of collective bargaining. While we already have raised the issue in the CBA negotiations and Dr. Mayer participated in the first meeting, this committee and the work we do around the health and safety of our players will extend much further. The creation of this committee was designed to bring both independence and expertise to the ongoing analysis of serious head injury so we can better protect our players.”
The Concussion and Traumatic Brain Injury Committee will be co-chaired by Sean Morey and Dr. Mayer. To read a copy of the media release from the NFL Players Association, click here.

Partners Ira Sherman and Joseph Cammarata attend the Brain Injury Association of America’s Annual Affiliates Convention in San Antonio, Texas

noreply@blogger.com (Biera Campbell) — Fri, 18 Dec 2009 18:48:00 +0000

Partners Ira Sherman and Joseph Cammarata attended the Brain Injury Association of America’s Annual Affiliates Convention from November 16-November 18, 2009. Mr. Cammarata, as President of the Brain Injury Association of D.C., and Mr. Sherman, as Vice President of the Brain Injury Association of D.C., attended in their official capacities as leaders of the Brain Injury Association of D.C. Much was learned at the Brain Injury Association of America’s Annual Affiliates Convention, including new ways of identifying individuals with brain injuries and methodologies of treatment. These subjects will be content of blogs to come.

Partners Siegel and Cammarata are Name as "Top Lawyers" Again

noreply@blogger.com (Biera Campbell) — Wed, 16 Dec 2009 22:14:00 +0000

Partners Joseph Cammarata and Allan M. Siegel, have been named by Washingtonian Magazine as two of “Washington’s Top Lawyers” in the December 2009 Washingtonian Magazine. The magazine has named Partner Joseph Cammarata every survey year since 1997; and Partner Allan M. Siegel every survey year since 2004. Read more in about this by clicking on the“in the news section” of our website. You can also see the full text of the article by clicking here:
/Washingtonian%20Magazine-1.pdf

The NFL Players Association announces the formation of a Concussion and Traumatic Brain Injury Committee.

noreply@blogger.com (Biera Campbell) — Fri, 11 Dec 2009 22:55:00 +0000

As many of you know, Chaikin, Sherman, Cammarata & Siegel, P.C. has a particular interest to the diagnosis, care and treatment of traumatic brain injury. Ira Sherman and Joseph Cammarata are members of the American Association of Justice Traumatic Brain Injury Litigation Group and Ira Sherman is co-chair of the Embolization Devices (cyanoacrylates) Litigation Group. Moreover, Mr. Cammarata and Mr. Sherman are President and Vice President, respectively, of the Brain Injury Association of D.C. As a result, the law firm of Chaikin, Sherman, Cammarata & Siegel, P.C. welcomes the announcement of the formation of a “Concussion and Traumatic Brain Injury Committee” by the NFL Players Association. The Brain Injury Association of D.C. has reached out to the NFL Players Association to offer its assistance in its effort to identify the effects on traumatic brain injury on football players.

Whistleblower Files Suit Against Johnson & Johnson

noreply@blogger.com (Biera Campbell) — Thu, 10 Dec 2009 02:15:00 +0000

An employee fired from Johnson & Johnson’s Janssen Pharmaceutica unit, blew the whistle on promotions of an anti-psychotic drug because of allegations that it was being promoted for use for non-approved purposed. Ms. Lynn Powell claimed that Johnson & Johnson fired her in February 2004 as a result of her complaints about company pressure to encourage physicians to prescribe Risperdal® to children and bipolar disorder patients when it was only approved for adults with schizophrenia.

Johnson & Johnson denied that it promoted Risperdal® other than for uses for which it was approved. The lawsuit is currently pending in the Superior Court of New Jersey, Mercer County.

November 10, 2009 Edition Of The Washington Post Contains Donald J. Chaikin's Obituary

noreply@blogger.com (Biera Campbell) — Wed, 02 Dec 2009 15:26:00 +0000

The November 10, 2009 edition of the Washington Post contained Mr. Donald J. Chaikin’s obituary. The obituary noted Mr. Chaikin’s contribution to the Washington, D.C. metropolitan area Trial Lawyers’ Association, an organization in which he served as President. Moreover, and most importantly, notice was taken of Mr. Chaikin’s contribution to the community in his fight against no fault automobile insurance. The obituary is attached for all to read:
/Wash%20Post%20re-%20DJC_0001.pdf

Washington DC Personal Injury Lawyer Blog | Chaikin, Sherman, Cammarata, & Siegel P.C.

The Fight to Minimize the Interference of the Right to Sue Caused by the “Federal Preemption Defense”.

CAPS ON DAMAGES ARE UNFAIR, ARBITRARY AND UNCONSTITUTIONAL (AT LEAST IN ILLINOIS)

Poet's Corner- "The Road to Recovery"

March is Brain Injury Awareness Month

WE CARE ABOUT OUR COMMUNITY

CSCS . . . We Fight For Our Rights Too!!!!

RECALLED TOYOTAS HAVE CAUSED INJURIES – KNOW YOUR RIGHTS

More Problems For Metro

Metro Derailment

Snow Days

Pharmaceutical industry replaces the defense industry as having the most whistleblower cases against it.

Whistleblowers Focus on the Pharmaceutical Industry.

Brain injury Association of D.C. Seeks to Establish Coordinated Effort With The NFL Players Association.

Greater Emphasis on Traumatic Brain Injuries Which Occur As A Result of Playing Football.

Montgomery County Seeks To Improve Pedestrian Safety In Parking Lots.

Partners Ira Sherman and Joseph Cammarata attend the Brain Injury Association of America’s Annual Affiliates Convention in San Antonio, Texas

New York Times Reports that there is a risk of dementia seen in football players.

Brain Injuries As A Result of Warfare

Los Angeles Times Reports on Brain Injuries on the Sports Field and Battle Field.

The Purpose and Scope of the NFL Players Association’s Concussion and Traumatic Brain Injury Committee.

Partners Ira Sherman and Joseph Cammarata attend the Brain Injury Association of America’s Annual Affiliates Convention in San Antonio, Texas

Partners Siegel and Cammarata are Name as "Top Lawyers" Again

The NFL Players Association announces the formation of a Concussion and Traumatic Brain Injury Committee.

Whistleblower Files Suit Against Johnson & Johnson

November 10, 2009 Edition Of The Washington Post Contains Donald J. Chaikin's Obituary