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Personal Injury Lawyers

Truck Accidents Caused by Improper Maintenance

January 24th, 2012

Commercial trucks are large, complex vehicles that require rigorous inspection to meet the safety standards established by the Federal Motor Carrier Safety Administration (FMCSA). According to law, tractor-trailers must be thoroughly inspected at every stop to check for faulty components, brake failure, and other liabilities that could lead to truck accidents.

Additionally, a truck’s cargo load should be checked to ensure it is carefully balanced and secured. Loads that exceed a trailer’s weight limit or are not properly balanced can cause a truck to tip or rollover when making a turn, increasing the risk of fatal truck accidents.

Despite the FMCSA’s regulations, many commercial trucks remain on the road without regular maintenance. These trucks pose a constant threat to motorists and truck drivers alike. Even a single defective component can lead to a deadly truck accident.

If you or one of your loved ones has been injured in a truck accident in Virginia, make sure you are getting the compensation deserve. Please contact our experienced truck accident lawyers today for a free initial consultation.

Kalfus & Nachman serves clients in Roanoke, Norfolk, Newport News, Hampton, Portsmouth, and Virginia Beach, Virginia.

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Driver Fatigue and Truck Accidents

December 7th, 2011

Fatigue is a dangerous factor for anyone operating a motor vehicle. but it is especially dangerous for tractor-trailer drivers.  Virginia State Police say 14 people were killed in 11 crashed over Labor Day weekend, with double fatalities in Fairfax, Fauquier and Lancaster counties.

Truck accidents are responsible for a higher percentage of injuries and deaths than accidents involving passenger vehicles. And the leading cause of truck accidents is driver fatigue.

Although there are federal regulations designed to reduce driver fatigue by limiting the amount of hours truck drivers can continuously operate a vehicle and mandating rest periods, drivers and trucking companies often ignore or encourage breaking these rules in order to reap the financial benefits of completing more jobs in shorter timeframes.

Some truck drivers resort to drugs to combat fatigue, but many drugs can actually increase the risk for collision by affecting a driver’s ability to reason and respond to routine challenges such as adverse weather, poor road conditions, shifting cargo loads and heavy traffic. Other drivers falsify their mandatory logbooks in an attempt to conceal how many hours they’ve really spent behind the wheel on a given day.

The Virginia truck accident attorneys at Kalfus & Nachman know that, like most traffic accidents, collisions involving semi-trucks are largely avoidable. We have helped numerous truck accident victims and their families recover the financial compensation they deserve, and we understand trucking company policies and tricks. We have the experience and resources to investigate logbooks, challenge inaccuracies, work with accident reconstruction experts, and investigate trucking company practices and history.

If you’ve been harmed or a loved one suffered wrongful death in a truck accident, please contact the Virginia truck accident lawyers at Kalfus & Nachman to schedule your free consultation.

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If You’ve Been Harmed by Plavix, We May be able to Help

November 22nd, 2011

Plavix is a prescription blood thinner designed to prevent strokes and heart attacks. Although Plavix was initially marketed in part as a safer alternative to aspirin, increasing evidence suggests that the drug actually increases the risk for stroke and heart attack as well as contributes to other medical problems in some patients.

Other side-effects linked to Plavix include:

  • Chest pain
  • Increased risk of gastrointestinal bleeding and ulcers
  • Lowered blood pressure
  • Passing or vomiting blood
  • Thrombotic thrombocytopenic purpura (a rare disorder that causes clots to form in blood vessels)

Bristol-Myers Squibb and Sanofi-Aventis, the makers and distributors of Plavix, are currently facing a number of lawsuits alleging that the companies rushed the drug to market without adequate testing, without proper warning as to potential risks, and using false marketing claims to sell Plavix.

Food and Drug Administration (FDA) warnings regarding Plavix date back to 1998, just a year after the FDA approved the drug, which is also known as clopidogrel. In 2010, the FDA issued a so-called “black box warning” for Plavix; black box warnings appear on the packaging for prescription medication that have the potential to cause severe adverse effects.

Drug manufacturers have an obligation to consumers to properly test their products and provide users with detailed information regarding possible side-effects. The Virginia defective product attorneys at Kalfus & Nachman have more than three decades of experience holding negligent companies accountable for the harm their products cause.

If you were harmed or a loved one suffered wrongful death from taking Plavix, please contact the product liability attorneys at Kalfus & Nachman. We proudly represent clients in the Roanoke, Newport News, Portsmouth and Norfolk, Virginia, areas.

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Reports of Transvaginal Mesh Complications on the Rise

November 18th, 2011

For years, transvaginal mesh—also known as a bladder sling—has been used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI) in women.

However, increasing reports of severe health complications related to this medical device induced a recent Food and Drug Administration (FDA) advisory and prompted numerous lawsuits against manufacturers of transvaginal mesh.

These surgical mesh devices are used in the treatment of POP, in which a woman’s uterus or bladder can slide out of place, and SUI, an involuntary release of urine that occurs primarily during physical activity. According to the FDA’s latest review, however, mounting evidence indicates that transvaginal mesh is potentially ineffective and may actually pose more risks than benefits.

Complications linked to transvaginal mesh devices include:

  • Erosion of the material into the vagina
  • Infection
  • Injury to surrounding organs
  • Pelvic pain
  • Urinary problems
  • Vaginal pain

Allegations against the manufacturers of transvaginal mesh products include that companies failed to adequately research the devices, failed to warn about the risk of complications, and were negligent in the design of these products. Manufacturers of transvaginal mesh linked to health risks include:

  • American Medical Systems (AMS)
  • Boston Scientific
  • C.R. Bard
  • Covidien
  • Ethicon
  • Johnson & Johnson

For more than 30 years, the Virginia attorneys at Kalfus & Nachman have helped the victims of defective products, including medical devices, recover the compensation they need. We have the experience and tenacity to hold negligent medical product companies accountable for their actions.

If you live in the Roanoke, Newport News, Portsmouth or Norfolk, Virginia, areas and have been harmed by a transvaginal mesh device, please contact the product liability attorneys at Kalfus & Nachman to schedule your free case evaluation.

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Truck Accidents on Interstate 81

November 15th, 2011

Virginia’s Interstate 81 is one of the top eight trucking routes in America.  During the 1960s, the highway was built to allow for a 15% ratio of truck traffic. Unfortunately, commercial trucks today take up around 40% of the route’s traffic, with congestion from passenger cars growing just as quickly.

According to the Federal Highway Administration, traffic volume in most areas of the I-81 has tripled since 1975. With only two lanes available in either direction, this narrow and mountainous highway has become increasingly accident-prone over the years. Truck accidents occur with unsettling regularity, and thanks to the steep grades and dense traffic, they are notorious for their severity.

Truck drivers are often under pressure to make a quick delivery, causing them to drive while fatigued and take other unnecessary risks in order to make it to their destination as fast as possible. When stressed truck drivers enter I-81’s often dangerous stretch of road, the potential for devastating truck accidents is even greater.

If you or one of your loved ones has been injured in a truck accident on Interstate 81 in Virginia, you may be entitled to compensation. Please contact our experienced truck accident attorneys at Kalfus & Nachman today for a free case evaluation.

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Distracted Driving Statistics

October 20th, 2011

Whether you are talking on your cell phone, text messaging, writing a grocery list, or eating your lunch, secondary activities have become normal behind the steering wheel for many American motorists. United States traffic statistics reveal a drastic increase in multi-tasking among drivers. Distracted driving is now the leading cause of accidents in the nation, eclipsing drunk driving as the top safety concern for the driving public.

Consider the following facts about distracted driving:

  • It is the number one killer of American teenagers.
  • The brain power you use to focus on driving decreases by 40% when you engage in conversation or listen to music.
  • Over 80% of drivers admit to extremely hazardous behavior, such as changing clothes, shaving, painting nails, or steering with a foot.
  • Drivers who talk on cell phones experience more impairment than drivers at .08% BAC.

Texting is the most dangerous activity you can engage in while driving, as it takes your eyes off the road, distracts you mentally, and forces you to relinquish manual control of your vehicle. A recent study examining the texting behaviors of truckers found that truck drivers removed their eyes from the road for as long as five seconds every time they texted. When you are driving 60+ miles per hour on the freeway, five seconds is more than enough time for a serious accident to occur.

When young, inexperienced drivers engage in cell phone use and texting, the dangers are further compounded, as younger drivers are already at a higher risk of getting into a car accident. If you or one of your loved ones has been seriously injured in a car accident because of a distracted driver, make sure you are getting the compensation you deserve.

Please contact the experienced car accident attorneys at Kalfus & Nachman today for a free consultation. Our firm serves clients in Norfolk, Roanoke, and Newport News, Virginia.

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Zimmer NexGen Knee Implant: No Official Recall Yet

September 26th, 2011

Zimmer Holdings, Inc. is an Indiana-based medical device manufacturer that has recently come under fire for defects in their NexGen Knee Implants. When the new NexGen Flex-Knee Replacement system was introduced in 2003, two different versions of the knee implant were made available:

  • A cemented version that is bonded using an adhesive
  • A cementless version that is bonded through natural bone growth

When a top orthopedic surgeon named Dr. Richard Berger began to notice that several of his patients were experiencing painful loosening and improperly-fused implants, he expressed his concerns about the defective product to Zimmer. The company proceeded to blame his surgical techniques for the problems, accusing him of incorrectly installing the implants.

Berger responded by conducting a study of the cementless NexGen Knee Implant to confirm that the problems he was seeing were a general trend. He presented his results at a convention held by the American Association of Orthopedic Surgeons. Out of the 108 patients Dr. Berger evaluated, he discovered that:

  • 36% of the patients encountered painful loosening
  • 8.3% of patients needed a second surgery to correct problems

As the average implant failure rate in the orthopedic industry is around 1%, the NexGen knee implant’s 8.3% failure rate is particularly shocking. Surgeons have urged Zimmer to remove the implant from the market so it can undergo further testing. As of today, Zimmer has not yet issued a recall of the implant.

If you have suffered complications with your Zimmer NexGen Knee Implant, you could be entitled to compensation. Please contact our experienced defective product attorneys today for a free consultation. We serve clients in Roanoke, Newport News, and Norfolk, Virginia.

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Fatigued Truck Drivers

August 8th, 2011

Driver fatigue is the number one cause of truck accidents on America’s highways. As one of the most competitive commercial industries in America, the trucking industry is built around making fast deliveries of thousands of products every day. Unfortunately, this often leads trucking companies to place undue pressure on their drivers, asking them to meet scheduling demands that simply cannot be met without serious safety compromises.

The Federal Motor Carrier Safety Administration (FMCSA) regulates truckers with laws that govern exactly how long they can operate a truck on a daily and weekly basis, as well as how long their rest breaks should be after each driving shift. According to federal law, drivers must:

  • Not operate their truck for more than 11 consecutive hours
  • Take a minimum 10-hour rest break after a full driving shift
  • Limit on-duty time to 60 hours in seven days, or 70 hours in eight days

Despite these regulations, drivers are still prone to shortening their required rest breaks and/or driving for longer than 11 consecutive hours just to meet the demands of their employer. Some trucking companies even pay their drivers by the mile and do not compensate them for any on-duty time spent inspecting trucks or taking other safety precautions.

If you or a loved one has been seriously injured in a truck accident caused by a fatigued driver, we can help you pursue compensation from the parties who are responsible. Please contact our experienced truck accident attorneys today for a free initial consultation.

Kalfus & Nachman serves clients in Norfolk, Newport News, Roanoke, Hampton, Portsmouth, and Virginia Beach, Virginia.

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Prescription Acetaminophen Products may cause severe Liver Failure

August 5th, 2011

On 1/13/2011 U.S. Food and Drug Administration (FDA) asked drug manufacturers to limit the strength of acetaminophen in prescription drug products, which are predominantly combinations of acetaminophen and opioids. This action limited the amount of acetaminophen in these products to 325 mg per tablet, capsule, or other dosage unit, making these products safer for patients.

In addition, a Boxed Warning highlighting the potential for severe liver injury and a Warning highlighting the potential for allergic reactions (e.g., swelling of the face, mouth, and throat, difficulty breathing, itching, or rash) were added to the label of all prescription drug products that contain acetaminophen.

These actions will help to reduce the risk of severe liver injury and allergic reactions associated with acetaminophen.

Reports of Severe Liver Injury

FDA continues to receive reports of severe liver injury associated with the use of products that contain acetaminophen.

Sandra Kweder, M.D., deputy director of FDA’s Office of New Drugs, says the agency’s most recent action is aimed at making pain medications containing acetaminophen safer for patients to use.

“Overdoses from prescription products containing acetaminophen account for nearly half of all cases of acetaminophen-related liver failure in the U.S., many of which result in liver transplant or death,” says Kweder.

A summary of data from four different surveillance

systems indicates that there were an estimated 56,000 emergency room

visits, 26,000 hospitalizations, and 458 deaths per year related to

acetaminophen-associated overdoses during the 1990s. Within

these estimates, unintentional acetaminophen overdose accounted for

nearly 25 percent of the emergency department visits, 10 percent of the

hospitalizations, and 25 percent of the deaths.

In Virginia, people trust Kalfus & Nachman, Attorneys at Law to assist with every step of pursuing a personal injury case. Our product liability lawyers have extensive experience in handling pharmaceutical injury claims, and can help you get on with your life with peace of mind, knowing you have been fully compensated under the law. Please contact our defective product attorneys to schedule your private, no-cost pharmaceutical injury consultation in Norfolk, Hampton, Newport News, Portsmouth, Roanoke, and Virginia Beach, Virginia. “Tell Them You Mean Business.”

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In a Car Accident in Roanoke?

July 21st, 2011

Roanoke drivers are among the safest in Virginia, but unfortunately when you’re on the roads in Roanoke, many of the drivers are from elsewhere. Interstate and international shipping clogs I-81, along with tourist traffic, university traffic, and others cutting across the western part of the state. This combination puts professional long-haul drivers and all their miles of exhaustion and distraction on the road with you, even if you’re just heading to the store or coming home from work.

If you’re in a car accident in Roanoke, it’s vital that you follow these steps to protect your rights and ensure those hurt get help:

  1. Stop immediately!
  2. Assist the injured and protect the scene
  3. Call the police. Except in accident alert conditions, you can call 9-1-1 to report an accident even if there are no injuries
  4. Do not make comments (except to the police)
  5. Gather information
  6. Record witnesses
  7. Call your lawyer and insurance company
  8. See a doctor
  9. Pay nothing

Read more detail on our In case of an automobile accident page. Always remember to get all the information from the other driver, especially if that driver is from out of town.

Always remember that if you want the best chance of getting fair compensation for your injuries and other losses, you need someone on your side. Kalfus & Nachman, Attorneys at Law would be honored to stand with you as we have for many others in Roanoke. To learn more, please call 800 361-0430 or email us today for a free consultation.

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