The auto accident below happened on Atlantic Avenue in Virginia Beach on Nov 14, 2014. Everyone please have a safe weekend!
Hypoxic Ischemic Injury Case- Boy Suffers Effects from Oxygen Deprivation During BirthA Norfolk jury has returned a $5.55 million verdict for a 10-year-old boy who suffers the effects of oxygen deprivation that occurred during his birth. Will Melton’s injury was blamed on a delay in performing a Caesarian section during his delivery on Dec. 31, 2003, according to Stephanie E. Grana of Richmond, the boy’s lawyer. The verdict would have been subject to a cap of $1.7 million under Virginia law, which limits medical malpractice recoveries. After the verdict, with the threat of appeals from both sides, lawyers for the boy and for his physicians reached agreement on a recovery amount. The financial terms of the settlement were not disclosed. Grana said she agreed not to disclose the identities of the defendants. A hospital defendant settled early in the case, Grana said. The birth injury – a hypoxic ischemic injury – was so traumatic, Melton spent his first month in the hospital, Grana said. Nevertheless, his development, while slow, had not concerned his parents until he reached school age. The parents, a North Carolina couple, then sought out services for Will. Because of the delay in bringing legal action, the parents lost the opportunity to bring claims for injury to the mother and for Will’s hospital bills. Will was diagnosed with cerebral palsy, left greater than right, and an intellectual disability, Grana said. He reads at about a first grade level, she said. The jury verdict was grounded on future costs of care. Grana said she presented a life care plan with a price tag of more than $3 million. Experts testified Will would not be able to live independently as an adult. The five-day trial was presided over by Norfolk Circuit Judge Everett A. Martin Jr. The verdict came Sept. 26 after four full days of testimony, Grana said. Grana said she asked the four-woman, three-man jury for just $4 million, but the panel returned a verdict for $5.55 million. “A lot of times, you ask for a number and the jury gives less,” Grana said. She did not know whether the larger verdict represented sympathy for Will or displeasure with the defendants’ professional care. Grana presented Will to the jury on video, not in person. He was shown reading, riding a bike and playing baseball. “He has a wonderful personality. Just a delightful kid,” Grana said. “He loves baseball,” Grana said. “He does not grasp the concept that he will never be on a competitive team.” Grana tried the case along with Elliot M. Buckner from her firm. – Article written by Peter Vieth, Virginia Lawyers Weekly
Thanks to Strategic Art Solutions and its owner Bobby Levin, Breit Law PC has joined the growing list of sponsors of “Project LifeguART”.
Billy Breit of Breit Law PC is sharing the vision of impacting our public arts in Virginia Beach, VA This opportunity is going to enhance the beauty and people’s memories of our city.Project LifeguART is set to cover all the lifeguard stands and storage bins at the Virginia Beach oceanfront turning it into a beach wide art tour. The vibrant artwork would provide a lookout post for the Oceanfront’s lifeguards and decorate the beach from 1st through 40th streets.The designs will remain at the oceanfront all summer long and, once the tourist season ends, the project transforms. The Last Love Impressions| Project Lifeguart fixtures will create VB’s first ever Pop Up Art Park on 19th Street, near the Virginia Beach Convention Center, during the off season. [neat-slider id=”290″]
A Quote From: Project LifeguART
July 2014 I had my first public art commission and a fabulous opportunity to paint a mural atthe oceanfront! A local enthusiast and Founder of Strategic Art Solutions in Virginia Beach, Bobby Levin has organized one of the area’s most public art displays called Project LifeguART. Artists from all over the city have the opportunity to submit proposed designs for the lifeguard stands and rental equipment boxes at the oceanfront. Sponsors are then found, they choose from a collection of approved designs and the work begins. Gold Key Resorts chose my design and it is now a part of the collection as my box stands on 17th street right on the sand for all to see! I’m thinking that maybe I could start painting murals in baby rooms as well as continuing to make belly bowls…
General Motors Recall- An Internal InvestigationFederal prosecutors are scrutinizing whether employees inside and outside General Motors Co. GM +0.81% ‘s legal department concealed evidence from regulators about a faulty ignition switch, potentially delaying a recall of vehicles with the fatal problem, according to people familiar with the matter. The investigation is at an early stage, one of the people said, and it is possible that the probe could end without any charges being brought.
Case Study- Bynum v. Norfolk Southern Railway Co.The 4th Circuit says it lacks jurisdiction to review a district court order remanding to state court an injured railroad worker’s suit under the Federal Employers’ Liability Act, which defendant railroad argues is barred by the worker’s receipt of benefits under the Longshore and Harbor Workers’ Compensation Act; the appeals court dismisses the railroad’s appeal. Plaintiff, an injured railroad brakeman, received benefits under the LHWCA. He also sued defendant Norfolk Southern Railway Company in state court under FELA, alleging negligence and damages of $30 million. Norfolk Southern filed a notice of removal and argued that the LHWCA barred any recovery under FELA. The district court granted plaintiff’s motion to remand the action to state court.
What is Serious Personal Injury?According to Wikipedia, personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff’s injury has been caused by the negligence of another, but also arises in defamation torts. Breit Law specializes in helping victims in all types of Serious Personal Injury.
What are the most common types of personal injury claims in Virginia?The most common types of personal injury claims we see in the state of Virginia are:
- automobile accidents
- accidents at work
- railroad accidents
- motorcycle accidents
- trucking accidents
- ‘slip and fall’ or tripping accidents
- assault claims
- accidents in the home
- brain injury
- product defect accidents (product liability)
- medical malpractice