Attorney Blog

Dog Bite - Dog Attack - Pit Bull - Fredericksburg, Spotsylvania | John Harris

john@johnharrislaw.com (Blog Author)33687 — Thu, 17 Jun 2010 08:00:00 EST

Football coach bitten by pit bull when dog collar fails.

The dog's was brand new, purchased two days earlier. The dog, a pit bull, was tied to a tree with a cable which was attached to the D-ring on the collar. The collar was made in China according to the label. Collars made in the USA have the D-ring welded shut. When the coach arrived to pick up one of his players the dog pulled against the tree. The collar's D-ring was not welded shut. As a result, the when the dog pulled the D-ring straighten out which released the dog. The coach was viciously attacked from behind but escaped into his car.

Dog Bite, Fredericksburg, Spotsylvania | John P. Harris III

john@johnharrislaw.com (Blog Author)33684 — Thu, 17 Jun 2010 08:00:00 EST

Pit bull attack takes life of toddler | Fredericksburg, VA car accident lawyer

john@johnharrislaw.com (Blog Author)20077 — Thu, 15 Oct 2009 08:00:00 EST

According to Fredericksburg.com, an Orange County toddler died from a Virginia pit bull attack on September 28th. The family pit bull mauled the small girl, who was pronounced dead at University of Virginia Medical Center.

The girl had left her home and wandered into the area where the dog was chained when she was attacked by the pit bull. The mother of the girl told deputies that she had been preoccupied and went to find the girl when she noticed that she was not inside the home.

The parents of the girl have been uncooperative, according to police, and investigators are still trying to piece together the full details of what happened the day of the attack.

If you or someone you know has suffered injuries due to a Virginia pit bull attack, contact the Harris Law Firm to learn your rights. Virginia dog bite lawyer Attorney Jack Harris has handled cases involving dog bites, and encourages readers to exercise caution around dogs of all breeds.

Virginia Attorney John P. Harris III : is leveling the playing field for auto accident victims and their families. Do you need help in Fredericksburg, Spotsylvania, Caroline County, Stafford, King George ?

john@johnharrislaw.com (Blog Author)18176 — Thu, 10 Sep 2009 08:00:00 EST

Initiating a Claim: The Road Less Traveled

If you have been in a car or truck accident, and have suffered an injury that the insurance company won’t offer compensation for, you have two choices. You can either:

Say nothing, accept the pain, the additional expense, the decline or loss of income, and the strong possibility that both the quality and length of your life will be less from now on;

Hire an experienced attorney, who may give you a whole new perspective on your situation.

It’s really quite amazing how many of those injured say nothing or try to handle their own claim

Evaluating Your Claim: For Lawyers, Honesty is the only Policy

Regardless of what you think of lawyers, if you or a loved one is facing an injury due to someone else's carelessness you want an honest opinion about your case. You don't want legalese. You want straight talk. John (Jack) Harris will tell you the good and the bad about your case. The initial meeting is free.

Would like some really good information, WITHOUT having to talk to a lawyer or even one of his assistants.

Get THE SMART CONSUMER'S GUIDE TO YOUR PERSONAL INJURY CASE by dialing 1-800-SEND-BOOK. A recorded message will ask you to leave your name and address and this $19.95 value will be mailed to you.

John Harris: Gives auto accident accident victims his opinion on their legal rights for free.

With that said, there is no field in law that provides attorneys with the same sense of accomplishment that winning a case means. There are easier ways to make money than as a personal injury lawyer, but lawyers who believe in helping people in times when their needs are most dire understand the importance of continuing to take on insurance companies.

John Harris is this kind of lawyer, and for residents living in or near Fredericksburg, Stafford, Caroline and King George County, Jack is here to listen to you and give you the most realistic outlook for your case. Jack has represented clients against some of the area’s largest and most prestigious hospitals, medical centers and clinics in cases of staff infections, anesthesia errors, surgical errors, aneurisms, internal bleeding and other clear cases of medical negligence.

If you are ready to take the road less traveled and pursue your rights as an American to fair compensation for an injury you never asked for, call John Harris today, 540-371-4941.

L3-L4 and L4-L5 disc ruptured in auto accident

john@johnharrislaw.com (Blog Author)17493 — Wed, 26 Aug 2009 08:00:00 EST

An auto - truck collision results in rupture to L3-L4 and L4-L5 disc. The ruptured disc were discover by the second opinion doctor. The diagnosis went for back strain to bursitis to ruptured disc over the period of one year. There were many "flies, warts and blemishes" on this case. But, eventually the plaintiff prevailed.

Learn what your legal rights are if you are injured in an automobile accident or some other kind of accident.

john@johnharrislaw.com (Blog Author)15962 — Tue, 28 Jul 2009 08:00:00 EST

Learn what YOUR LEGAL RIGHTS are even before you talk to a lawyer. More importantly be certain to do this before you talk to an insurance adjuster.
If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident find what your rights really are. Click here.

Teenage driver kills 38-year-old mother of three

john@johnharrislaw.com (Blog Author)15567 — Mon, 20 Jul 2009 08:00:00 EST

A teenager driving a 2007 Mustang automobile on Enon Road in Stafford crossed the center line and crashed into a pickup truck driven by Audrey Lee-Johnson Tweedy. The 38-year-old mother of three was killed by the wreck. Mrs. Tweedy was a certified nursing assistant. She volunteered at the Moss Free Clinic in Fredericksburg and was a member of Mount Hope Baptist Church in Spotysylvania. And, most importantly, she leaves behind a husband and three children, ages 15, 10, and 8.

Spotsylvania teenager killed when his ATV flipped.

john@johnharrislaw.com (Blog Author)15563 — Mon, 20 Jul 2009 08:00:00 EST

Another teenager has been killed on an all-terrain vehicles. Because the tires on ATV look so big and soft, one is inclined to think they are not dangerous. They are, in fact, very, very, very dangerous. Yes, that is three very's. To get an idea how really dangerous they are click here.

The 2009 Dodge Ram 2500/3500 trucks recalled for defect

john@johnharrislaw.com (Blog Author)10224 — Tue, 24 Mar 2009 08:00:00 EST

Dodge Ram Truck Defect

For the second time during model year 2009 their is a recall on Dodge Ram 2500/3500 trucks. Visit Consumeraffairs.com for details. Basically the problem is a defective clutch. The recall involves those trucks which have the heavy duty cab chassis with manual transmissions and power adjustable pedals. The problem is that the clutch may not disengage because the master cylinder and the clutch pedal connecting rod may become disconnected. This could lead to an auto accident and fatal or serious injuries. You may wish to call Chrysler at 1-800-853-1403 or call the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236. If you are involved in an accident as a result of this defect, contact John Bisnar. John is the top lawyer dealing with Auto product defects.

Alcohol was a factor in a car crash that killed four.

john@johnharrislaw.com (Blog Author)10218 — Mon, 23 Mar 2009 08:00:00 EST

Alcohol was a factor in a fatal car crash that killed four and severely injured one. The wreck occurred on Rt. 3 about six miles east of Culpeper when a 2002 Chevy Tahoe crossed into the wrong lane and hit a 2004 Toyota Corolla head-on. The speculation is that crash was the result of a drunk driver. The deceased are Tyler Scott Harlow 20, Joseph Lee Sahnow 20; Tianna V. Jones 19; and James B. Cook 21. 27-year-old Howard John Steiniger of Fredericksburg was severely injured. He was transported to Mary Washington Hospital and the transferred to VCU Medical Center in Richmond.

Fatal Wrong-way crash caused by drunk driver.

john@johnharrislaw.com (Blog Author)10155 — Sat, 21 Mar 2009 08:00:00 EST

A drunk driver going the wrong-way on I-95 at 96 miles per hour crashed into an automobile killing the driver of that car. The fatal accident killed Robert L. Thomas and severely injured Franshaw Jackson. Jackson suffered injuries to his heart, chest and brain. It is hard for me to call the wreck and accident. Drunk driving is not an accident. It is a criminal act. Don't drink and drive. Drinking and driving is a deadly mix.

Fatal tractor-trailer crash on U.S. 17 in Stafford

john@johnharrislaw.com (Blog Author)10154 — Sat, 21 Mar 2009 08:00:00 EST

A fatal crash in Stafford on Rt. 17 killed Susan Lee Haines. The conduct of the tractor-trailer driver was more than reckless. The truck driver's conduct was totally outrageous. He caused the wreck because he was driving a tractor trailer with part of the front brakes missing. After he removed the some of the parts to the front brakes, he towed a load of sand which weighed 83,000 pounds. It is no surprise that he ran a red light and killed someone.

Four people attack by a pit bull

john@johnharrislaw.com (Blog Author)10153 — Sat, 21 Mar 2009 08:00:00 EST

OMAHA - Two women were playing with their children, seventeen months and fifteen months, by riding them in a little red wagon. The pit bull attacked the babies who were strapped in the the wagon. The attack was savage. When the mothers attempted to defend their babies, the dog attacked them. He bit one mother in the neck. The dog ripped the whole scalp off of the little girl. The scalp was found in the wagon. The police took the scalp to the hospital to hopefully to attach it back to her head.

Nursing home care is going to be even worse.

blog@www.johnharrislaw.com (Blog Author)8961 — Tue, 10 Feb 2009 08:00:00 EST

The Washington Post reported that Nursing Homes Face Reductions In Services in an article by Chris L. Jenkins. He was reporting that Gov. Tim Kaine has proposed cutting $400 million dollars from the state's Medicaid program. I have concerns that this will result in an increased number of injuries to residents. The article specifically mentions Heritage Hall nursing homes and says that the Leesburg Heritage Hall will take a $2,500,000 hit. Some of my clients have sued a Heritage Hall nursing home in King George in the past for allowing pressure sores (bed sores) to develop or go untreated and other things that result in a nursing home that is short of staff. The president of American HealthCare which owns Heritage Hall has said he now plans to cut $500,000 from his staff healthcare plans. Everyone should keep a close eye on any resident in any nursing home because a move like he has suggest will make it even harder to have an adequate number of staff whether it is Heritage Hall or some other nursing home. Prevent nursing home abuse visit residents regularly but at irregular times, take notes and TAKE PHOTOGRAPHS particularly of parts of the body not usually seen when you visit. If you do not look for potential problems, you will not see them. Look under the covers and on all side of the body.

A California attorney reviews The Smart Consumer's Guide to Your Personal Injury Case

blog@www.johnharrislaw.com (Blog Author)8595 — Sat, 31 Jan 2009 08:00:00 EST

If you or a family member has suffered an injury in an auto accident you know it can be a very difficult time. Recognizing this reality nationally recognized Personal Injury Lawyer Jack Harris has written an invaluable book. Mr. Harris’s book title, The Ultimate Guide to Your Personal Injury Case says it all; this book is really the ultimate guide covering everything from what you must know to the questions you should ask. This book is a must read for anyone who has suffered an injury in an auto accident.

Vaughan de Kirby

Attorney San Francisco California

Three people killed in three separate auto accidents. Three people killed were not wearing their seat belts.

blog@www.johnharrislaw.com (Blog Author)8594 — Sat, 31 Jan 2009 08:00:00 EST

Last year by January 30^th, 53 people had been killed on Virginia roads. This year by January 30^th, 53 people had also been killed. The last three that were killed died in accidents caused by icy roads. The interesting and alarming thing about the three most recent deaths is that each of those killed were not wearing their seat belts. Two of the three who were not wearing their seatbelts were either rejected or partially ejected. The lesson to be learned from these three deaths is that one should always wear their seatbelt. The idea that one can be thrown three of an accident without serious injuries or deaths is totally false.

A new book to help auto and truck accident victims deal with insurance companies and adjustors.

blog@www.johnharrislaw.com (Blog Author)8280 — Tue, 20 Jan 2009 08:00:00 EST

I have written a new book,THE SMART CONSUMER’S GUIDE TO YOUR PERSONAL INJURY CASE. I wrote it because my mission in life is to make sure people are treated fairly. It is my feeling that people who are injured through no fault of their own are often treated by insurance companies and their adjusters.

In THE SMART CONSUMER’S GUIDE TO YOUR PERSONAL INJURY CASE, I give the public instruction, insights and tips they need to protect themselves when dealing with insurance companies and insurance adjusters. The book helps you understand your rights, explains things to watch out for and discusses in an understandable way both settlement and trial procedures. This book helps level the playing field for people who are injured through no fault of their own.

The Smart Consumer's Guide To Hiring A Great Lawyer

blog@www.johnharrislaw.com (Blog Author)8261 — Tue, 20 Jan 2009 08:00:00 EST

A non-lawyer wrote a great little book about how to hire a good lawyer. The author is Mischelle Weedman-Davis. She is the client relations manager for a personal injury lawyer in Seattle. She points out things the smart consumer should consider when choosing an attorney to handle his or her serious accident case. The things she points are should be considered whether it is an auto accident, a truck accident, medical malpractice or nursing home neglect.

If you are interested in getting a copy of this smart book, we have included the link

right here.

The Smart Consumer's Guide to Your Personal Injury Case - Jeremy comments on the book

blog@www.johnharrislaw.com (Blog Author)8256 — Mon, 19 Jan 2009 08:00:00 EST

Jeremy explains that The Smart Consumer's Guide to Your Personal Injury Case is easily understood and that it is not written in legalize. He explains that a fifth or sixth grader could understand it.

The Smart Consumer's Guide to Your Personal Injury Case - a testimonial by Jennifer

blog@www.johnharrislaw.com (Blog Author)8255 — Mon, 19 Jan 2009 08:00:00 EST

The Smart Consumer's Guide to Your Personal Injury Case is a new book by John P. Harris, III. Jennifer found the book to be very helpful. Hear what she has to say about the book.

John Harris, III has been selected for national membership in The 2008-2009 Top 100 Trial Lawyers for the state of Virginia.

blog@www.johnharrislaw.com (Blog Author)6264 — Mon, 17 Nov 2008 08:00:00 EST

The American Trial Lawyers Association has selected John Harris for inclusion in the 2008-2009 Top 100 Trial Lawyers for the State of Virginia. A maximum of 100 attorneys from Virginia are considered for membership in the Association. Membership into The American Trial Lawyers Association is by invitation and is extended only to those attorneys who exemplify superior qualifications, trial results, leadership, influence, reputation, statue, and profile in the trial attorney community as viewed by the Association, other trial lawyers, members of the bench, and the public at large.

If you are injured while visiting Canada

blog@www.johnharrislaw.com (Blog Author)6180 — Fri, 14 Nov 2008 08:00:00 EST

If you are visiting Canada and have the misfortune to be in an accident or suffer a slip and fall you will need a lawyer who is committed to helping you get the compensation you deserve. The trial lawyers at Auger Hollingsworth provide this service to seriously injured people in Eastern Ontario. This video described their philosophy. You can reach Brenda Hollingsworth at Auger Hollingsworth, 130 Albert Street, Suite 1005, Ottawa, Ontario. By phone: 613-233-4529 or on the web at www.ottawalawfirm.ca or www.personalinjuryottawa.ca.

Dangerous tires - Have your tires passed their expiration date?

blog@www.johnharrislaw.com (Blog Author)6179 — Fri, 14 Nov 2008 08:00:00 EST

A friend of mine told me about an ABC report on dangerous tires. The tire manufacturers are very unfriendly to consumers. We as consumers do not know that tires have an expiration date. Once the expiration date passes the tires become dangerous and are subject to tread separation even if they are new and have lots of tread. Evidence of tread separation can be seen along the highway, especially I-95, in the form of tire treads that have come off. At road speed cars and trucks become unstable when a tire suddenly blows up. Many accidents are caused by such an event. Losing control at road speed leads to many severe injuries and fatal wrecks. As an attorney, I felt an obligation to pass this information along.

In an auto accident case - Your questions answered

blog@www.johnharrislaw.com (Blog Author)4519 — Thu, 11 Sep 2008 08:00:00 EST

Learn what the answers are to such question as:
I was in an auto accident, what will it cost me to be represented by John Harris?
What are "costs"?
How much is the attorney's fee?
How long will my car accident case take?
When will my case settle?

Two Teens Killed in Spotsylvania auto accident

blog@www.johnharrislaw.com (Blog Author)4143 — Sat, 23 Aug 2008 08:00:00 EST

Two Spotsylvania County teens were killed on August 21st when their Ford F-150 overturned and crashed into a tree. They were both wearing their seatbelts so I suspect the roof crushed down on them when it rolled over. This would fit some of the recent article regarding inadequate roof support. This is sometimes called inadequate rollover protection. What are your thoughts.

Your Rights to Florida Workers' Compensation Benefits - Medical Care and Lost Wage Benefits

blog@www.johnharrislaw.com (Blog Author)4040 — Tue, 19 Aug 2008 08:00:00 EST

Floridians hurt at work are entitled to Florida workers' compensation benefits, such as lost wage benefits like temporary total, temporary partial disability benefits,impariment benefits, and permanent total disability benefits. If you have an injury at work you may be entitled to medical treatment and medical mileage. Those with work place injuries are denied Florida workers' compensation benefits, or see those benefits reduced or discontinued. It may be necessary to hire a St.Petersburg Workers Compensation Attorney/workplace attorney to file a Petition for Benefits on your behalf to get the proper benefits. Nancy Cavey, a board certified workers' compensation attorney and a workers' compensation hearing/Floria workers' comp appeal lawyer, practices in St. Petersburg, Clearwater, Largo, and Tampa.

Cavey & Barrett
821 16th Street North
St. Petersburg, FL 33734-7539
(727) 894-3188
www.caveylaw.com

If you need help for an injury which occurred in another state:

blog@www.johnharrislaw.com (Blog Author)4039 — Tue, 19 Aug 2008 08:00:00 EST

Personal Injury

North Carolina Personal Injury Lawyer, Car Accident Attorney, Workplace Accident Lawyer, Oxner Thomas + Permar, pllc, help get their clients get fair compensation for their injuries. Call 1-866-622-6671 for your free consultation.

Oxner Thomas + Permar
800 Green Valley Road
Suite 304
Greensboro, NC 27408
(336) 274-4494
www.otplaw.com

Fatal Accident on I-95 Kills Driver and Injures passengers

blog@www.johnharrislaw.com (Blog Author)3372 — Tue, 08 Jul 2008 08:00:00 EST

A Lincoln Town Car hit a bridge in Stafford, overturned killing the driver. The passengers survived the crash but were inured. The wreck occurred near Fredericksburg, VA 1.5 miles north of the Route 610 Aquia/Garrisonville exit in Stafford County.

Fatal Tractor-Trailer Accident on I-95

blog@www.johnharrislaw.com (Blog Author)3371 — Tue, 08 Jul 2008 08:00:00 EST

Fredericksburg - Tractor-trailer kills Midlothian man in Spotsylvania County near the Thornburg exit of I-95. Joseph Darnell Burroughs was attempting to entering I-95 in his 1995 Honda Accord when the tractor-trailer apparently failed to stop as it exited I-95 and smashed into his car killing him.

This week on The People's Law School - July 7, 2008

blog@www.johnharrislaw.com (Blog Author)3343 — Fri, 04 Jul 2008 08:00:00 EST

Judge William H. Ledbetter, Ret. will be the guest this week 9:00 a.m. His a distinguished jurist from the 15th Circuit. He has presided over the Circuit Courts of Fredericksburg, Stafford, Spotsylvania and King George.

This week on The People's Law School

blog@www.johnharrislaw.com (Blog Author)3251 — Sat, 28 Jun 2008 08:00:00 EST

Is there a particular topic than anyone would like to have discussed on the radio show, The People's Law School? The The People's Law School is on WFVA from 9:00 am to 10:00 each Monday. WFVA is located at 1230 on your am radio dial. The People's Law School is sponsored by John Harris. He can be reached at JohnHarrisLaw.com.

Fatal Accident

blog@www.johnharrislaw.com (Blog Author)3139 — Sun, 22 Jun 2008 08:00:00 EST

Fredericksburg - A Fredericksburg man remains hospitalized after being hit by a tractor-trailer when he stumbled onto Interstate 95 following a car accident. At tractor-trailer severely injured a Fredericksburg man when he stumbled into I-95. He was transported to Inova Fairfax Hospital for injuries suffered. He later died from the injuries he suffered in the tractor-trailer accident. Witnesses told police that the Fredericksburg man crashed his car into a tree on the side of I-95 near mile marker 130 then stumbled into southbound traffic. He was struck by the tractor-trailer in the center lane.

Visit my website for information on other accidents or to contact an attorney.

Email To A Friend

Three Million Dollar Lawsuit filed against a Caroline County Nursing Home

blog@www.johnharrislaw.com (News Author)10253 — Wed, 02 Sep 2009 08:00:00 EST

The lawsuit alleges the Warsaw nursing home negligently breached its duty in the following ways:

a. Failed to provide the anticonvulsant medication Dilantin 200 mg capsules, II Tabs (400 mg) po qhs as prescribed by the physician (and as outlined in the plan of care) in this patient at acknowledged high risk for recurrent seizures and at acknowledged high risk for recurrent falls from seizures (who was still capable of swallowing her meds);

b. Altered ("doctored") medical records that were misleading, appearing like the patient inaccurately received her meds (including her Dilantin) and did not provide the adequate documentation in the medical records to report that patient not taking critical oral Dilantin in May 2007 at Warsaw Healthcare Center;

c. Failed to utilize SL Valium prescribed by attending physician to be provided to patient if unable to take Dilantin to prevent seizures and to prevent falls secondary to seizures in this acknowledged high risk vulnerable elder;

d. Failed to communicate with the attending physician, relevant family member(s) and administration about the lack of ability in May 2007 to follow the plan of care/standard of care;

e. Failed to prevent a recurrent "preventable" fall secondary to a "preventable" recurrent seizure episode in May 2007;

f. Failed to provide the necessary care and services to maintain Dilantin blood levels at the highest practicable level to prevent seizures.

Super Lawyers selects John Harris to be a member

blog@www.johnharrislaw.com (News Author)3027 — Mon, 13 Jul 2009 08:00:00 EST

SuperLawyers profiles John P. Harris, III

Fredericksburg accident attorney, John P. Harris, III, is selected to be profiled by Super Lawyers

blog@www.johnharrislaw.com (News Author)9409 — Mon, 13 Jul 2009 08:00:00 EST

THE SMART CONSUMER'S GUIDE TO YOUR PERSONAL INJURY CASE is published by John Harris

blog@www.johnharrislaw.com (News Author)7093 — Sat, 24 Jan 2009 08:00:00 EST

It is my feeling that people who are injured in automobile and truck accidents are often treated mistreated by insurance companies and their adjusters. In THE SMART CONSUMER’S GUIDE TO YOUR PERSONAL INJURY CASE, I give the public instruction, insights and tips they need to protect themselves when dealing with insurance companies and insurance adjusters. The book helps you understand your rights, explains things to watch out for and discusses in an understandable way both settlement procedures and trial procedures. This book helps level the playing field for people who are injured through no fault of their own.

John Harris, III has been selected for national membership in The 2008-2009 Top 100 Trial Lawyers for the state of Virginia.

blog@www.johnharrislaw.com (News Author)6345 — Mon, 17 Nov 2008 08:00:00 EST

How Super Lawyers Are Selected

blog@www.johnharrislaw.com (News Author)3028 — Thu, 26 Jun 2008 08:00:00 EST

Super Lawyers are selected by a three step process....

The No-So-Independent Medical Examiner

blog@www.johnharrislaw.com (News Author)688 — Thu, 26 Jun 2008 08:00:00 EST

This article was written by John Harris and published in the Journal of the Virginia Trial Lawyers Association. The article uses an actual trial transcript from a nursing home case he tried. In the article he demonstrates cross examination techniques to use in cross-examining the defense's medical expert. The article explores bias, lack of knowledge of pertinent information, explanation of or clarification of medical terms and procedures, bolstering the testimony of the treating physician, and obtaining concessions.

The People's Law School

blog@www.johnharrislaw.com (News Author)4231 — Mon, 11 Feb 2008 08:00:00 EST

Listen to The People's Law School at 9:00 on Monday mornings on 1230 am radio. It is a "call in radio show" so feel free to call in with your questions to 540-371-5756. So far, The People's Law School has covered auto accidents, bankruptcy, the court system, child custody, elder law, social security disability. There will be a different subject every Monday morning. Be sure to listen, be sure to call in. The People's Law School is sponsored by John Harris.

Carriage Hill Rehabilitation and Nursing Center Dropped by Medicare

blog@www.johnharrislaw.com (News Author)2707 — Thu, 24 May 2007 08:00:00 EST

The pattern of problems included 13 rooms in which the call bell did not work. A certified nursing assistant, or CNA, allowed a resident to fall from the bed onto the floor face first. Another resident fell and broke her hip. Another received second and third degree burns. Others did not receive the treatment that was prescribed. Another resident strangled to death on a nurse-call cord. The Office of Licensure and Certification found that the nursing home staff was not always properly trained.

John Harris has been selected one of the Best in the U.S.

blog@www.johnharrislaw.com (News Author)2562 — Mon, 30 Apr 2007 08:00:00 EST

The Best of the U.S. Inc. is a research, publishing, and consulting firm that is dedicated to recognizing excellence in the U.S. It researches, organizes and provides lists of those professionals who have displayed a search for excellence in their profession through their continuing education, leadership, peer recognition and contributions to their field. The Best of the U.S. Inc. strives to level the playing field in obtaining professional services through access of information. The Best of the U.S. Inc. has identified, in Virginia, seventy-four such personal injury attorneys. John P. Harris, III is one of them.

In a letter to the editor of The Free Lance- Star, John Harris explains why a lawsuit helps limit suffering in a wrongful death case.

blog@www.johnharrislaw.com (News Author)2253 — Sun, 25 Feb 2007 08:00:00 EST

Don't forget insurance in air crash case The last sentence of Shirley Braden's letter to the editor ["Air crash lawsuit adds more sadness," Feb. 8] is, "These men's deaths alone were enough reason for suffering; it should have gone no further." It is necessary that it go further because the families lost more than loving fathers and husbands. They lost the financial support and security of loving fathers and husbands. If harm is caused, who should bear the loss: the one who caused the loss or the victim of the loss? Certainly Mr. Potter was responsible enough that he had insurance to cover the cost of the crash of his $600,000 airplane and to pay for the tragic consequences of its crash. Mr. Potter did not give his premiums to the insurance company as a gift. He was buying something. He was buying compensation for the families of those who were killed in the crash. However, one must remember that insurance companies are in the business of collecting premiums. They are not in the business of paying claims. (They deny and delay as long as they can.) Perhaps if the insurance company had stepped up to the plate and paid the claims of the surviving families, there would be no lawsuits. The lawsuits will probably be settled, but in the meantime the insurance company will continue to earn interest on the money that rightfully belongs to the families. In the meantime, the families are not only without their loved ones, they are also without their paychecks. How are they supposed to get by without them without filing suit? John Harris Fredericksburg -------------------------------------------------------------------------------- Copyright 2007 The Free Lance-Star Publishing Company.

$600,000 settlement for suicide by police officer

blog@www.johnharrislaw.com (News Author)2252 — Sun, 25 Feb 2007 08:00:00 EST

Plaintiff with depression, drug and alcohol addiction was misdiagnosed and not treated properly by his psychiatrist. He was over medicated, not supervised or required to have regular visits. He eventually committed suicide by shooting himself. The case settled for $600,000 four days before trial was to begin.

Senior Citizens Handbook

blog@www.johnharrislaw.com (News Author)2247 — Fri, 23 Feb 2007 08:00:00 EST

Please click on the read more details link below to learn about financial assistance, social security, pensions, veterans benefits, medicaid, medicare, long-term care, alzheimer's, nursing homes, and assisted living facilities.

CNN reports Auto insurers play hardball in minor-crash claims

blog@www.johnharrislaw.com (News Author)2199 — Mon, 12 Feb 2007 08:00:00 EST

ATLANTA, Georgia (CNN) -- If you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur -- even if the accident was no fault of your own. That's what CNN discovered in an 18-month investigation into minor-impact soft-tissue injury crashes around the country. Those are accidents in which there is little damage to the vehicle and the injuries to people are not easy to see by the naked eye or conventional medical tools like X-rays. Since the mid-1990s, most of the major insurance companies -- led by the two largest, Allstate and State Farm -- have adopted a tough take-it-or-leave-it strategy when dealing with such cases. The result has been billions in profits for insurance companies and little, if anything, for the public, according to University of Nevada insurance law professor Jeff Stempel. "We can see that policyholders individually are getting hurt by being dragged through the court on fender-bender claims, and yet we don't see any collateral benefit in the form of reduced premiums even for the other policyholders," Stempel said. "So I think now we can say to continue this kind of program is in my view institutionalized bad faith." If you have never heard of the strategy, it's because insurance companies don't want you to know that they are paying out less and less for minor crashes even while their profits soar and your premiums continue to rise. But after a review of more than 6,000 company documents and court records, interviews with a dozen people nationwide, including former company insiders, and conversations with accident victims, the picture is clear: If you challenge the offer by some insurance companies you will be left with no option but to go to court, where you will be dragged through the wringer. Expensive, time-consuming In an affidavit in a New Mexico case where Allstate is being sued, one of the company's former attorneys said the strategy is to make fighting the company "so expensive and so time-consuming that lawyers would start refusing to help clients." Shannon Kmatz, a police officer and former Allstate claims agent, said company employees were encouraged to get rid of claims quickly and cheaply and even offered accident victims as little as $50, telling them to take it or leave it. Both Roxanne Martinez of Santa Fe, New Mexico, and Ann Taylor of West Lafayette, Indiana, saw the practice firsthand. Martinez suffered neck and back injuries when she was sideswiped by a driver insured by Allstate. After three years, the company finally offered her $15,000 -- a little more than half of what she needed for lost wages and medical bills. She went to court, and four years after the accident a jury awarded her $167,000 plus interest. "It's kind of hard when you are thinking they are going to leave you broke. ... That was very stressful," she said. Taylor was not as fortunate when her case went to trial. The Indiana nurse was rear-ended by a State Farm employee driving a State Farm car. Damage to her car was minimal but she suffered herniated disc and muscle tears. Taylor racked up medical bills and lost wages amounting to about $15,000. The company offered her $2,000. "I was just very insulted," she said. She sued, but three years later a jury came back with a judgment for her of only $1,500. The jury didn't believe she could be hurt in an accident in which the vehicle had barely a dent. Three jurors told CNN photos of the two cars involved in the accident -- enlarged and prominently displayed by the defense -- played a huge role in their decision. And one said they assumed Taylor had already been compensated by the insurance company and was just trying to get more money. Profitable strategy The cases, CNN found, illustrate a carefully developed strategy to make the victims look like they are trying to defraud the insurers. But documents CNN obtained indicate profit, not fraud, is the reason companies decided to play hardball in small accidents. For Allstate and State Farm, according to documents obtained by CNN, the strategy was developed in the mid-1990s with the assistance of consulting giant McKinsey & Co. Looking for a way to boost profits, McKinsey focused on soft-tissue injuries incurred in minor crashes. While the McKinsey documents -- numbered in the thousands -- are under seal in courts around the country, CNN saw several of them during a court hearing in Lexington, Kentucky. Playing off Allstate's signature slogan, one document recommends the insurer put boxing gloves on its "good hands" for those who insist on going to court. The strategy, according to former Allstate and State Farm employee Jim Mathis, relies on the three D's -- denying a claim, delaying settlement of the claim and defending against the claim in court. "The profits are good, and as long as the community, the public allows this to occur, the insurance companies will get richer and people ... will not get a fair and reasonable settlement," Mathis said. Both Allstate and State Farm declined requests for interviews. In an e-mail, Allstate wrote it did not believe it would "have any real opportunity of being successful in getting you (CNN) to do a balanced report." State Farm wrote: "We take customer service seriously and seek to pay what we owe, promptly, courteously and efficiently, and we handle each claim on its own merits." The company also said, "Any attempt to generalize that State Farm adopted consultant recommendations as other insurers is just plain wrong." A company spokesman sent an additional e-mail, saying that the company did work with McKinsey to improve claims handling but State Farm stopped using the McKinsey program in 1999. Robert Hartwig, president of the Insurance Information Institute, told CNN insurers do not have a strategy of blanket denial of claims. He also said strategies to limit expenditures on minor-impact crashes are needed to fight fraud. Hartwig specifically singled out lawyers who he claims make a living on car accident victims, saying those lawyers are upset because "the gravy train is over."

ATTORNEY SUES INSURANCE ADJUSTER

blog@www.johnharrislaw.com (News Author)1879 — Mon, 06 Nov 2006 08:00:00 EST

MOTHER CAN SUE FOR DEFECTIVE CHILD

blog@www.johnharrislaw.com (News Author)1878 — Mon, 06 Nov 2006 08:00:00 EST

John Harris has been selected as a 2006 Virginia Super Lawyer.

blog@www.johnharrislaw.com (News Author)1584 — Mon, 10 Jul 2006 08:00:00 EST

Super Lawyers is an annual listing of outstanding lawyer who have attained a high degree of peer recognition and professional achievement. Polling, research and selection are performed by Law & Politics. Law & Politics uses a multi-step selecton process that takes approximately nine months.

AV rating by Martindale Hubbell

blog@www.johnharrislaw.com (News Author)1297 — Tue, 07 Mar 2006 08:00:00 EST

John Harris has been honored by his colleagues in the Fredericksburg, Spotsylvania, Stafford, King George, and Caroline legal communities with an AV rating by Martindale Hubbell. This rating, the highest one awarded is given only to lawyers who have the highest legal ability and a high adherence to ethical standards. John Harris was the first attorney in the Fredericksburg, Spotsylvania, Stafford, King George, and Caroline area to be certified as a Civil Trial Specialist by the National Board of Trial Advocacy. He was first certified in 1985 has been recertified every five years since. John Harris and the Harris & Harris law firm limit their practice to serious personal injury and wrongful death litigation including medical malpractice and elder abuse cases.

John Harris selected by included in the publication Best Lawyers in America 2006 Edition

blog@www.johnharrislaw.com (News Author)1291 — Tue, 07 Mar 2006 08:00:00 EST

John Harris was again selected by his peers to be included in the 2006 edition of The Best Lawyers in America. John is one of a distinguished group of attorneys who have been listed in Best Lawyers for Eight consecutive years. Corporate Counsel magazine describes Best Lawyers in America as "the most respected referral list of attorneys in practice." Selection is based on peer review surveys. Over 18,000 leading attorneys cast their votes on the legal skills of their colleagues. Best Lawyers in America, in its 12th Edition, is subscribed to by more than 4,000 law firms in the United States and abroad.

HOW TO FIND THE "RIGHT LAWYER"

blog@www.johnharrislaw.com (News Author)666 — Thu, 02 Mar 2006 08:00:00 EST

Finding the "right lawyer" for your case is a challenge. Here is how to do it for any case you might have. When you have a personal injury case regardless of whether it is, medical malpractice, boating accident, automobile accident, truck accident, motorcycle accident, construction site accident, nursing home abuse and neglect, unsafe product, property damage, wrongful death, surgeons liability, tourists injury, dental malpractice, podiatric malpractice, obstetric, gynecology, orthopedic malpractice, legal malpractice or even a wrongful death case, it is imperative that you find the right lawyer for you. This article will help you find the "right lawyer" for you and your case.

National Highway Traffic and Safety Administration Releases Annual Crash Predictions

blog@www.johnharrislaw.com (News Author)1439 — Thu, 23 Feb 2006 08:00:00 EST

The NHTSA has released its annual projections for crashes and fatalities on our nation's highways. Traffic fatalities are expected to increase by 1%, while injuries caused by crashes are expected to decline by 4%. To view the entire report, please follow the link below.

Truck Accident

blog@www.johnharrislaw.com (News Author)1254 — Wed, 22 Feb 2006 08:00:00 EST

There are safety regulations that are intended to help prevent trucking accidents from occurring, however violations of safety recommendations greatly increase the risk of trucking accidents. Truck drivers must assume responsibility to take all measures to avoid trucking accidents and putting other drivers on the road in risk of becoming injured because of a trucking accident. Due to the large size of trucks, a trucking accident can greatly endanger the lives of other smaller vehicles unnecessarily when truck operators fail to consider proper trucking accident prevention. If involved in a trucking accident file a report to have documentation of the trucking accident occurring and obtain all necessary information. Avoid discussing the events of the trucking accident because another said or documented can later be used against you.

Medical Malpractice Statistics

blog@www.johnharrislaw.com (News Author)1253 — Wed, 22 Feb 2006 08:00:00 EST

12,000 deaths/year from unnecessary surgery 7,000 deaths/year from medication errors in hospitals 20,000 deaths/year from other errors in hospitals 80,000 deaths/year from infections in hospitals 106,000 deaths/year from non-error, adverse effects of medication ? What is Medical Malpractice? Medical Malpractice is the failure of medical professionals to provide adequate treatment to patients resulting in a personal injury or substantial loss of income. Why Is A Medical Malpractice Lawyer Needed For Medical Mistakes? Medical Malpractice is a doctor's failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. When medical "standards" are not followed, it is also known as med mal. A lawyer that knows about medical problems & medical laws is needed to help a claim reach the courts in the fastest, accurate, and most complete way possible. A medical malpractice lawyer will work with the hospital system & medical law system to find out what your rights and legal options are. While you or someone you know gets better or recovers from your medical mistake or injury, the medical malpractice attorney will fight for your legal rights. Have I Waived My Rights Because I Signed A Consent Form? This is a question asked by many. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure. What Is The First Step A Medical Malpractice Attorney Would Do In Pursuing A Medical Malpractice Claim? The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, one who develops a "gut feeling" that something was wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves obtaining and reviewing medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice. If you or your loved ones have been victimized by Doctor's negligence, contact a Medical Malpractice Lawyer. Contact me for help.

Dog Bite Lawsuit

blog@www.johnharrislaw.com (News Author)1252 — Wed, 22 Feb 2006 08:00:00 EST

Did you know that there are over 5 million victims of dogs bites reported every year? Approximately 12 people die every year as a direct result of dog attacks. If you are one of the millions of Americans who has been bitten or otherwise physically harmed by a dog, you may have recourse to file a lawsuit. Potentially harmful animals have no business on our streets. In Brevard County, Florida, a meter reader who was scalped and had ear chewed off by four pit bulls claimed property owner allowed dangerous condition to exist. The plaintiff was awarded $1,000,000 dollars. From 1979 through 1994, attacks by dogs resulted in 279 deaths of individuals in the United States. Thirty-nine percent of U.S. households (or 40.6 million) own at least one dog. In these households, two or three children a day require hospitalization as a result of being attacked by a dog. Who are most at risk for dog bites? Children under 12 years of age are most at risk Children aged 1-4 years have the highest rate of injury Dogs of family or friends are involved in most attacks (78%) The fact that nearly 80% of all dog attacks occur from family pets is very discouraging. There are an estimated 68, 000,000 dogs owned by families in the United States. Where do most dog bites occur? Many attacks occur at home, 40% occur in the victim's house/yard At a friend or neighbors house, 30% occur in these houses/yards Keeping a potentially dangerous dog safely away from people is a top priority amongst many dog owners. Many dog owners use common sense in dealing with their pets. Most use caution and maintain their dogs in their territory in kennels or dog houses and are keen on safety standards and regulations. Remember that dog owners are responsible for their dog’s actions. If you or anyone you know are in need of a personal injury lawyer specializing in dog bite law, please contact us now and receive a free case review.

Plaintiff settles slip and fall in Federal Court

blog@www.johnharrislaw.com (News Author)1223 — Mon, 13 Feb 2006 08:00:00 EST

Plaintiff slips and falls on peanut shells which had been thrown of the floor of a local restaurant. Plaintiff filed suit for $300,000 in the Circuit Court of Spotsylvania. The defendant restaurant removed the case to Federal Court in Richmond. The case settle for a confidential sum.

Plaintiff wins $47,500 for fall on wet floor.

blog@www.johnharrislaw.com (News Author)1224 — Thu, 02 Feb 2006 08:00:00 EST

While attending a seminar at the Wyngate Inn in Stafford County, plaintiff slips and falls on water an employee left when mopping the floor. The plaintiff suffered a soft tissue injury to her hip. A verdict of $47,500 was returned for the plaintiff.

Rearend collision with soft tissue injury

blog@www.johnharrislaw.com (News Author)1225 — Mon, 23 Jan 2006 08:00:00 EST

Plaintiff was slowing on Carl D. Silver Parkway behind a car that had a green light to turn at intersection of Route 3 when she was rearended by the defendant.

How to find the "right lawyer" for your case.

blog@www.johnharrislaw.com (News Author)670 — Mon, 12 Dec 2005 08:00:00 EST

When you have a medical problem, a doctor will help decide whether you need specialized care and assist in providing immediate and necessary care. On the other hand, when you are in need of legal assistance, you are on your own. Outside of the Yellow Pages there is little readily available information to help in the selection of an experienced lawyer.e is a challenge. Here is how to do it for your case you.

Paxil may cause birth defects

blog@www.johnharrislaw.com (News Author)780 — Mon, 03 Oct 2005 08:00:00 EST

The Food and Drug Administration is warning that a study has suggested that the antidepressant Paxil may be associated with birth defects. Failure of doctors "to carefully weigh the potential risks and benefits of using paroxetine therapy in women during pregnancy may be malpractice. Doctors should also discuss these latest findings as well as treatment alternatives, with their patients. Failure to do so may be malpractice.

How to complain about a nursing home.

blog@www.johnharrislaw.com (News Author)752 — Wed, 21 Sep 2005 08:00:00 EST

If you have a concern or complaint about the quality of care you or your family member get from a nursing home, you may call one of the organizations below if you are unable to get a satisfactory resolution from your nursing home.

Whiplash injuries more likely in minivan accidents

blog@www.johnharrislaw.com (News Author)750 — Wed, 21 Sep 2005 08:00:00 EST

The Insurance Institute for Highway Safety released crash test ratings for seven different minivans. A rear impact test showed that several models have inadequate head restraints, which can cause neck injuries during a crash. The institute's chief operating officer is concerned about the results because "mothers frequently drive minivans, and women tend to be more vulnerable to whiplash injuries, which account for about 2 million in insurance claims annually."

2006 Medicare Drug Plan Has Adverse Effect on Maintenance Medications & the Elderly

blog@www.johnharrislaw.com (News Author)733 — Wed, 14 Sep 2005 08:00:00 EST

Children's Bicycle Helments Recalled by Consumer Protection Safety Commission

blog@www.johnharrislaw.com (News Author)719 — Fri, 02 Sep 2005 08:00:00 EST

BE SURE TO SEE THE PHOTOS OF THE HELMENTS FOR EASY IDENTIFICATION OF THIS SAFETY HAZARD!

More Experienced Physicians More Likely to Commit Malpractice

blog@www.johnharrislaw.com (News Author)702 — Mon, 29 Aug 2005 08:00:00 EST

GEODECK DECKING AND RAILING MATERIALS - UNSAFE

blog@www.johnharrislaw.com (News Author)699 — Fri, 26 Aug 2005 08:00:00 EST

The CPSC and Kadant Composites Inc., of Bedford, Massachusetts, are recalling about 11,000 constructed decks GeoDeck Decking and Railing Materials. When the decking or railing material is exposed to hot temperatures and sunlight, it can prematurely degrade. The degraded material could break, posing a fall hazard to consumers.

Older Consumers Safety Checklist

blog@www.johnharrislaw.com (News Author)664 — Wed, 17 Aug 2005 08:00:00 EST

Older Consumers Safety Checklist Falls and fires are two leading causes of unintentional injuries and deaths among adults 65 and older. About two-thirds of all hospital emergency room visits by older people involve falls. Older adults have a higher death rate from fires than the general population. To help make your home safer, follow these tips. To help prevent falls: ¦When using stairs, always grip the handrails. Keep stairs well lighted. ¦Keep floors cleared and slip resistant. Remove loose carpets. cords, and other items you could trip over. Be sure all rugs, mats, and other au-faces are non-skid. ¦Install grab bars mid slip-resistant surfaces in your bathroom. ¦Use only stable step stools with a top handrail. Don't climb alone - have someone help you. ¦Stand up slowly from a sitting or lying down position. ¦Be sure your telephones and emergency numbers are easily accessible - so you can get help if you fall. To help prevent fire deaths and injuries: ¦Install a smoke alarm in every bedroom, outside every sleeping area, and on every floor of your home. ¦Install a carbon monoxide (CO) alarm outside every sleeping area. ¦Don't smoke in bed. ¦Keep space heaters away from flammable materials. Hire a professional to check all fuel-burring appliances, including fireplaces, every year. ¦Don't wear loose-fitting clotting with long sleeves near ranges or ovens. Store combustibles away from these and all heat-producing appliances. ¦Practice an emergency fire escape plan.

The truth about the McDonald's coffee cup case.

blog@www.johnharrislaw.com (News Author)662 — Tue, 16 Aug 2005 08:00:00 EST

Here are the true facts regarding the real-life case of 79-year-old Stella Liebeck, whose hot-coffee case against McDonald's became the poster child for frivolous claims. According to popular accounts of the lawsuit, Liebeck coaxed nearly $3 million from an Albuquerque jury in 1994 after being scalded by McDonald's coffee she spilled on herself while riding in a car. These are the story's best-known elements, but filling in the missing facts puts the case in a different light. Trial testimony showed that at 180 to 190 degrees, McDonald's coffee was much hotter than that served by other restaurants or by people in their homes. The fast-food chain had received at least 700 complaints about hot coffee in the previous decade and had paid more than half a million dollars in settlements, according to trial testimony cited by the Wall Street Journal. Liebeck's injuries were hardly minor. She suffered third-degree burns on her thighs and groin area, was hospitalized for a week and had to undergo painful skin grafts. Before filing a lawsuit, she wrote McDonald's requesting that it lower the temperature of its coffee and cover her uninsured medical bills and incidental costs of about $20,000. McDonald's offered $800. Later, as the case neared trial, a mediator recommended that McDonald's pay a settlement of $225,000. The company refused. Jurors ultimately awarded Liebeck $160,000 in compensatory damages and about $2.7 million in punitive damages. "The facts were so overwhelmingly against the company," one of the jurors told the Journal. "Their callous disregard was very upsetting," another said. Soon after the verdict, the trial judge slashed the punitive damages by more than 80% to $480,000. Then the case settled for an undisclosed amount.

Beverly Healthcare's Fredericksburg nursing home.

blog@www.johnharrislaw.com (News Author)652 — Wed, 10 Aug 2005 08:00:00 EST

Beverly Healthcare has hired staff and made improvements to its Spotsylvania County nursing home as part of a negotiated settlement with the U.S. attorney's office in Alexandria. The nursing home company signed the agreement in April 2004, and has until October to complete the changes and improve care. The agreement stemmed from inspections of the nursing home from 1998, 1999 and 2000 that showed that its care was deficient, according to a company official. Word of the settlement was first reported yesterday in a story in The Washington Post. Beverly Healthcare is a national nursing home chain, based in Fort Smith, Ark. Its nursing home on State Route 3 in Spotsylvania is the area's largest with 177 beds. The facility is one of 354 nursing homes and 18 assisted living centers in the Beverly chain. Mike Jeffries, regional vice president for the company, said yesterday that Beverly has added to its consulting staff and hired three nurse's aides, two unit managers, and a nurse practitioner at its Spotsylvania home since signing the agreement. It also has added 60 new electric beds at the home, replaced some of the plumbing and air conditioning systems, remodeled its kitchen and dining room and placed new locks on the exit doors. The U.S. attorney's office took action against Beverly under the federal False Claims Act, alleging that it cheated the federal Medicare and Medicaid programs by failing to provide residents with quality care, according to the Post account. "This facility had a three-year history of not having good surveys," Jeffries added. The problems at the Spotsylvania home were said to result from inadequate staffing. Paul J. McNulty, U.S. attorney for the Eastern District of Virginia in Alexandria, told the Post, "At Fredericksburg, we saw what happens due to the lack of attention to people." A spokesman for the U.S. attorney's in Alexandria declined comment about the agreement yesterday. Nursing homes in Virginia are inspected annually by the state Health Department for the federal Centers for Medicare and Medicaid Services. Nancy R. Hofheimer, director of the state's Center for Quality Health Care Services and Consumer Protection, which does the inspections, said yesterday that she first learned of the settlement from the newspaper account. Jeffries said his company spent more than $500,000 to make the changes required by the agreement. "We have better systems in place," he said. Beverly's latest inspection, done in March of this year, found three deficiencies, Jeffries said. Inspectors found nine deficiencies in 2004, four deficiencies in 2003 and five deficiencies in 2002. The typical nursing home in Virginia had five deficiencies in 2004, according to Nursing Home Compare, Medicare's national online database. The national average was seven deficiencies. The agreement between Beverly and the U.S. attorney's office is one of nine similar settlements made with Virginia nursing homes and management companies in the last four years, according to the newspaper account. All were for allegations of poor care.

Fredericksburg area nursing homes agree to shape up.

blog@www.johnharrislaw.com (News Author)651 — Wed, 10 Aug 2005 08:00:00 EST

By JIM HALL A settlement agreement between Beverly Healthcare and government regulators is part of a statewide effort to get nursing home companies to invest in staffing and facilities to improve the quality of their care. Since 2000, seven Virginia nursing homes have signed settlement agreements that require the payment of civil penalties, the hiring of additional staff and the purchase of new equipment. "We thought this would be the best way to help residents," Paul J. McNulty, U.S. attorney for the Eastern District of Virginia in Alexandria, said in a phone interview yesterday. McNulty said U.S. Justice Department officials worked with the Medicaid Fraud Unit in the Virginia Attorney General's Office to identify nursing homes that were deficient in their care. "What immediately caught our eye was the deplorable condition a number of these facilities are in," McNulty said. Investigators also identified homes that had "troublesome billing practices," including double billing and billing for services not performed, McNulty said. Investigators subpoenaed nursing home records before beginning settlement talks with them, McNulty said. All of the allegations were civil claims made under the federal False Claims Act and the state's Medicaid Fraud laws. The deficiencies were alleged to have occurred from 1995 to the present. Nursing homes receive much of their revenue from state and federal governments through the Medicaid and Medicare health programs. Seven nursing homes, including Beverly Healthcare, a 177-bed facility on State Route 3 in Spotsylvania County, signed the agreements to avoid litigation. According to prosecutors, the other homes are: Ashland Convalescent Center, Ashland. Chippenham Manor Nursing Center, Richmond. Leewood Healthcare Center, Annandale. Oak Meadow Nursing Center, Alexandria. Warsaw Health Care Center, Warsaw. Woodbine Rehabilitation & Healthcare Center, Alexandria. Beverly's 23-page agreement is similar to the others, McNulty said. In it, the Arkansas-based company does not admit any violation of state or federal laws, yet it does agree to spend thousands of dollars in penalties and improvements to its home. The civil penalties are smaller than they could have been, McNulty said. Instead, prosecutors asked the nursing home companies to invest that money in their facilities. "That was a different way of doing things," McNulty said. Beverly signed its agreement with prosecutors in April 2004 and has 18 months to complete the required changes. Beverly officials said Monday that they have already invested at least $500,000 in improvements. "We have better systems in place," said Mike Jeffries, regional vice president. Beverly's agreement with prosecutors calls for it to pay civil penalties of $17,420 to the federal government and $25,000 to Virginia's Medicaid Fraud Unit. The company agreed to increase staffing levels and to purchase equipment, such as insulated food carts. It will also set up programs to better care for residents, such as weighing them regularly, and preventing them from falling or developing bed sores. And the company must set up a cash reserve of $150,000 to pay for future improvements. Beverly also agreed to let a independent inspector--a registered nurse with experience in caring for the elderly--visit the home to monitor compliance. The nurse files quarterly reports and will file a final report later this year after the agreement ends.

Class-action lawsuit against Beverly Enterprises Inc.

blog@www.johnharrislaw.com (News Author)649 — Wed, 10 Aug 2005 08:00:00 EST

The state of Florida has joined a $25 million class-action lawsuit against Beverly Enterprises Inc., the nation's largest nursing home chain. The lawsuit alleges the care provided to the nursing home residents was so poor that the state should get back the Medicaid money it paid on behalf of the patients. This is the first time such an action has been taken in Florida, and possibly in the nation, say state officials. Fort Smith, Ark.-based Beverly Enterprises owns 700 nursing homes in the nation, including 65 facilities in Florida. Nine of those are in Central Florida. Tampa attorney Jim Wilkes originally filed the suit last year on behalf of William D. Olmstead III, who died after choking on a sausage in Manhattan Convalescent Center, a Beverly Enterprises facility in Tampa.

Exercise may be more important for women than men.

blog@www.johnharrislaw.com (News Author)627 — Thu, 04 Aug 2005 08:00:00 EST

Dr. Martha Gulati stands on a treadmill at the Wellness Institute at Northwestern Memorial Hospital Tuesday, Aug. 2, 2005 in Chicago. Gulati and other researchers devised a fitness chart for women that can be used to gauge your fitness by age. Until now, the only such fitness chart was based on men. For the first time, researchers have established how much exercise women should be able to do for their age and found that their capacity is slightly lower than men's. It also declines a bit faster than men's as they grow older. Women whose exercise capacity was less than 85 percent of what it should be were twice as likely to die within eight years, the researchers found. Until now, the only guidelines available were based on men and it wasn't certain whether they applied to women as well. But as more women are being included in medical research, gender differences in some diseases and other health issues are emerging. The researchers found that to be true for fitness levels. They used the results of 5,721 exercise stress tests on women over 35 to figure out what should be considered normal for them compared to the established fitness levels for men. "In general, women's fitness levels seem to be lower regardless of her age than for men," said Dr. Martha Gulati, a Chicago cardiologist who led the study. While fitness declines with age for everyone, the research showed the difference between men and women becomes more pronounced with age, she said. Women lose about 1 percent of their exercise capacity per year, their study found. "Given that we live longer, it just emphasizes the importance of fitness for women," said Gulati, who along with a fellow researcher has a patent pending for the fitness guidelines. Their findings are reported in the New England Journal of Medicine.

Malnutrition is a sign of Nursing Home neglect

blog@www.johnharrislaw.com (News Author)577 — Tue, 26 Jul 2005 08:00:00 EST

Malnutrition is not a response to normal aging: it can arise from many causes. Its presence may signal the worsening of a life-threatening illness, and it should always be seen as a dramatic indicator of the risk of sudden decline in the elderly. Dehydration is a condition in which water or fluid loss far exceeds fluid intake. The body becomes less able to maintain adequate blood pressure, deliver sufficient oxygen and nutrients to the cells, and rid itself of wastes. Regardless of the causes, early problem recognition can help to ensure appropriate and timely nutritional and or fluid intervention. For many residents, simple adjustments in feeding or drinking patterns may be sufficient. For others, compensation or correction for food and fluid intake problems may be required. A Nutrition/Hydration Awareness Campaign has been developed to call attention to the early warning signs of unintended weight loss and dehydration among residents of long term care facilities. "Nutrition Care Alerts", present an easy to follow method of observing warning signs for unintended weight loss and dehydration and action steps that should be taken to avoid further progression of the condition. "Nutrition Care Alerts" are designed to assist Certified Nurse Assistants in nursing homes in identifying residents who are at risk for malnutrition and dehydration. However, "Nutrition Care Alerts" can be used by family members, friends, and other caregivers of the elderly to help prevent unintended weight loss and dehydration. Additional information about Nutrition and Hydration Care can be viewed on www.cms.hhs.gov.

Cholesterol Drugs May Harm Ill Diabetics

blog@www.johnharrislaw.com (News Author)565 — Thu, 21 Jul 2005 08:00:00 EST

By MARILYNN MARCHIONE AP Medical Writer In the study, patients on Lipitor were twice as likely to die of a stroke. It was the first major test of statins in diabetics who need dialysis machines to remove wastes from their bloodstream because their kidneys cannot do the job. The results are surprising because previous research showed Lipitor helped less severely ill diabetics. Dr. Robert Stanton, who is chief of kidney diseases at Joslin Diabetes Center in Boston and was not involved in the study, said it may be too late to start diabetics on statins once their kidneys have failed. The study was funded by Lipitor's maker, Pfizer Inc., and involved 1,255 Europeans with Type 2 diabetes, in which the body cannot properly use insulin. The findings were reported in Thursday's New England Journal of Medicine. More than 120,000 Americans are on dialysis because of diabetes, and they have higher risks of heart disease, stroke and deaths than the general population and other diabetics. Lipitor is the world's most-prescribed medication. It and other statins have dramatically lowered such risks by reducing levels of LDL, or "bad" cholesterol. The study, led by Dr. Christoph Wanner at the University of Wurzburg, Germany, tested a relatively low dose of Lipitor _ 20 milligrams a day _ against dummy pills and found virtually no difference four years later in participants' combined risk of heart attacks, strokes and death. This happened even though the drug reduced LDL levels to an average of 72 milligrams per deciliter of blood, close to the target of 70 that new federal cholesterol guidelines recommend for people at very high risk of heart disease. There were 27 fatal strokes among the 619 people on Lipitor versus 13 among the 636 in the placebo group, a result the authors said was unexplained and could be just a chance finding, considering that previous research showed a benefit from the drug. "It's definitely a concern, but I don't know from a single study that you can say for sure you shouldn't use it in this population. It certainly raises your alarm levels," Stanton said.

FDA Issues Warning About Abortion Pill

blog@www.johnharrislaw.com (News Author)560 — Wed, 20 Jul 2005 08:00:00 EST

FDA Issues Warning About Abortion Pill By LAURAN NEERGAARD AP Medical Writer WASHINGTON The government warned doctors Tuesday to be on the lookout for rare but deadly infections in women using the abortion pill RU-486, citing two more deaths after its use. At least five U.S. women have died after taking the pill since it began selling in 2000, although the Food and Drug Administration stressed that it could not prove the drug was to blame. But the four deaths caused by bloodstream infections, or sepsis, all occurred in women who didn't follow FDA-approved instructions for a pill-triggered abortion, said agency drug chief Dr. Steven Galson. "We don't know that this off-label use has caused the deaths," he cautioned. Still, the FDA issued a public health advisory warning doctors of the possible link and urging them to be on the lookout for infections in women who have used the Mifeprex abortion pill. Such women may not have typical symptoms of sepsis, such as a fever, Galson stressed. Tuesday's action comes just eight months after the FDA warned about two sepsis cases associated with Mifeprex, also called RU-486 or mifepristone. Additional sepsis cases were reported to the agency in April and June. The drug, sold by Danco Laboratories, is approved to terminate pregnancy up to 49 days after the beginning of the last menstrual cycle. It blocks a hormone required to sustain a pregnancy. When followed by another medicine, misoprostol, the pregnancy is terminated. The FDA's instructions call for women to swallow both pills, but most abortion clinics instead instruct that the misoprostol tablet be inserted into the vagina, Galson said. Studies have shown it can work that way, too. But the four sepsis deaths, all reported from California, came after this so-called off-label use. Galson couldn't say if the women had inserted the tablet vaginally themselves. In two of the infections, doctors identified a bacterium called Clostridium sordelli, a common germ not usually associated with illness, he said. The abortion pill remains safe enough to stay on the market, Galson stressed. The rate of sepsis is about 1 in 100,000 uses of the Mifeprex system, comparable to infection risks with surgical abortions and childbirth. "There are no alarm bells going off with this rate," he said. The other U.S. death associated with Mifeprex was a case of a ruptured ectopic, or tubal, pregnancy in October 2001. The drug is not to be used by women with suspected or confirmed ectopic pregnancies, a life-threatening condition in which the fertilized egg has implanted outside the uterus.

Dangerous Antifreeze

blog@www.johnharrislaw.com (News Author)555 — Tue, 19 Jul 2005 08:00:00 EST

Antifreeze Makers Face the Bitter Pill Senators consider a bill to require an additive to deter ingestion by children and pets. By Cynthia H. Cho, Times Staff Writer WASHINGTON — The audience in the hearing room Monday was a bit unusual for Capitol Hill — it included six dogs and their owners — but the issue before a Senate subcommittee was a serious one: legislation requiring antifreeze manufacturers to add a bittering agent to prevent accidental ingestion by pets and children. "I'm not usually one to want more government laws," said Sen. George Allen (R-Va.), the panel's chairman, "but this is a reasonable way to prevent harm to humans and animals." About 1,400 children and 10,000 household pets ingest antifreeze each year, said Sara Amundson, legislative director of the Doris Day Animal League, an advocacy group in Washington. Ingesting one teaspoon of antifreeze can kill a cat, she said; two tablespoons can kill a 10-pound dog. According to government toxicology guidelines, the minimum lethal dose for a 150-pound man is 4 ounces, Amundson said — meaning that "it takes far less to kill a child." Most cases of ingestion are accidental — a pet in a garage may lick from a pool of antifreeze from a leaky car radiator, for example. But New Mexico state Rep. Kathy A. McCoy told the panel that antifreeze also is used to deliberately poison pets. The taste has been described as sweet and syrupy. "For many of us, losing a beloved pet is like losing a member of the family," said McCoy, who was instrumental in the passage of bittering-agent legislation in her state. "I'm here today because I lost my golden retriever, Cujo, to a painful and prolonged death due to antifreeze poisoning." Antifreeze manufacturers have not previously supported such legislation. But their position has changed, largely due to the momentum at the state level. California, New Mexico and Oregon have passed such laws, and at least eight other states are considering similar bills. "It's appropriate now, I think, because we have industry on board with us," said Nancy Blaney, a lobbyist at the Doris Day Animal League. "They saw, with rapid succession, that many states were looking at passing some sort of antifreeze bittering agent legislation." Setting a uniform standard would help the industry and retailers, said Allen, who chairs the Senate Commerce Committee's subcommittee on consumer affairs and is the bill's main sponsor. "The legislation ... would avoid the potential inconsistency and practical difficulty of manufacturers complying with what could become a patchwork of various state and local mandates," Jeffrey Bye, vice president of Prestone, a unit of Honeywell International Inc., told the panel. Prestone is the largest manufacturer and supplier of antifreeze in North America. For the same reason, the Consumer Specialty Products Assn., a trade group for manufacturers of a variety of household items, also favors the federal bill. "State-specific products are not practical for national distribution," said Bill Lafield, an association vice president. "Manufacturers do not control the distribution of their products at a state-by-state level. For example, we deliver to 11 Wal-Mart warehouses across the country, and our products are then distributed to approximately 3,000 stores." But not all animal advocates support the legislation. The American Society for the Prevention of Cruelty to Animals has taken a neutral position because there is no evidence that adding a bittering agent to antifreeze will keep pets from ingesting it, said Steve Hansen, senior vice president of the society's Animal Poison Control Center. "What we're afraid of is that if we require a bittering agent to be added, people are going to be lackadaisical" about keeping antifreeze and other poisonous products from pets, Hansen said. "Our current feeling is that we need to educate people. I don't think that it's a good to take on legislation just because we hope that it works." Hansen said that more research should be done either to prove that a bittering agent is effective or to find another solution proven to work. Blaney disagreed, saying that denatonium benzoate — the bittering agent named in the legislation — has been used for decades in many household products, cosmetics and toiletries to deter ingestion. Denatonium benzoate is one of the most bitter-tasting substances known. The two leading manufacturers of antifreeze, Honeywell and Old World Industries Inc., also use propylene glycol, which is less toxic than the more common ethylene glycol. Ingesting propylene glycol-based antifreeze will make a child or pet sick, but it is not lethal. Propylene-glycol antifreeze, however, is more expensive to consumers because it can cost twice as much to produce. By contrast, adding a bittering agent to ethylene-glycol antifreeze would cost the manufacturer about 3 cents per gallon, Bye said. Bye said that the proposed legislation would "provide fair responsibility for the antifreeze and denatonium benzoate products by assigning liability between the respective manufacturers." Antifreeze manufacturers and the industry opposed previous bills that did not have that kind of protection explicitly stated in the language of the current measure. The Senate bill is co-sponsored by Sen. Mark Pryor (D-Ark.). Similar legislation has been introduced in the House by Reps. Gary L. Ackerman (D-N.Y.) and Dana Rohrabacher (R-Huntington Beach).

Which type of Diabetes do you have?

blog@www.johnharrislaw.com (News Author)553 — Tue, 19 Jul 2005 08:00:00 EST

In Type 1 diabetes, the body produces little or no insulin. In Type 2 diabetes, gestational diabetes, and the other types of diabetes, the body does not produce enough insulin or cannot use the insulin it produces (this is called "insulin resistance").

Double Diabetes

blog@www.johnharrislaw.com (News Author)552 — Tue, 19 Jul 2005 08:00:00 EST

'Double Diabetes' Harder to Detect, Treat By LAURAN NEERGAARD AP Medical Writer WASHINGTON Martha Larkin, 11, who has Type 1 diabetes and is at high risk for Type 2, right, walks with her mother, Cindy Stevans, at Frick Park in Pittsburgh, Sunday, July 17, 2005. Having one type of diabetes is bad enough, but two? Doctors are seeing a new phenomenon dubbed double diabetes, making it harder to diagnose and treat patients _ especially children. It can strike at any age, and it comes in various guises: Children who depend on insulin for Type 1 diabetes gain weight and then get the Type 2 form where their bodies become insulin resistant. Or someone with classic Type 2 symptoms happens to get a special blood test that uncovers they also have the insulin-dependent form. ( AP Photo/Lisa Kyle) Having one type of diabetes is bad enough, but two? Doctors are seeing a new phenomenon dubbed double diabetes that makes it harder to diagnose and treat patients _ especially children. The mix can strike at any age, and comes in various forms: Children who depend on insulin injections because of Type 1 diabetes gain weight and then get the Type 2 form in which their bodies become insulin resistant, for example. Or someone with classic Type 2 symptoms isn't responding to therapy, and tests reveal they also are developing the insulin-dependent form of the disease. Or they may not fall clearly into either category. The labels are important _ different forms require different treatments. Yet "there are many people in which it's very blurred as to what kind of diabetes they have," says Dr. Francine Kaufman, a University of Southern California pediatric endocrinologist and past president of the American Diabetes Association. There are no good statistics on this complex disease-mixing. But the Children's Hospital of Pittsburgh counts about 25 percent of child patients with Type 1 diabetes who also are overweight and have other Type 2 features, says Dr. Dorothy Becker, a pediatric endocrinologist and leading double-diabetes researcher. And an ongoing study to determine the best treatment for child Type 2 diabetics is uncovering many participants who harbor antibodies that signal they have or are developing the Type 1 form, too, says Kaufman. Those findings echo a handful of recent research reports raising concern about the phenomenon, which some call atypical diabetes or "diabetes 1 1/2" or even Type 3 diabetes. Diabetes occurs when the body can't turn blood sugar, or glucose, into energy, either because it doesn't produce enough insulin or doesn't use it correctly. With the Type 1 form, the patient's own immune system attacks the insulin-producing islet cells in the pancreas. Once thought to strike only in childhood, it also can develop in adults. Symptoms usually appear suddenly and can quickly become life-threatening. Insulin, given by shots or a pump, is required to survive. With the Type 2 form, the body loses its ability to use insulin properly, even though the pancreas pumps out extra and drugs often are given to rev up that production even more. Type 2 usually develops slowly, and once was thought to hit only the middle-aged but now is striking even overweight children. Both forms can lead to heart and kidney disease, blindness and amputations, and kill if not properly treated. But Type 2, which afflicts over 90 percent of the more than 18 million U.S. diabetics, has gotten more attention recently because it's an epidemic fueled by increasing obesity. Yet specialists knew Type 1 was quietly increasing, too _ and then they began spotting double diabetics. The theory: Overweight people need more insulin to process glucose regardless of whether they're insulin-resistant yet. So, perhaps obesity overworks the pancreas until it wears out, Pittsburgh's Becker suggests. Or perhaps obesity accelerates the autoimmune destruction _ meaning someone genetically predisposed to Type 1 diabetes might not have gotten it had they stayed thin. "You've not just exceeded what you can make but perhaps accelerated the destruction," and then insulin-resistance sets in, agrees Kaufman, who just authored a book called "Diabesity" exploring the overall obesity-diabetes threat. Whatever you call that mix, it complicates treatment. Consider Martha Larkin of Pittsburgh, diagnosed with Type 1 diabetes at age 3. For years, her mother would wake up in the middle of the night to test Martha's blood sugar and administer insulin. Set mealtimes and off-limit foods became the family's norm. Then early puberty hit at 10, and Martha began gaining weight, says her mother, Cindy Stevans. Now almost 12, Martha's daily insulin requirement grew to that of grown man, signaling developing insulin resistance. And, in a vicious cycle, the more insulin she gets, the hungrier she feels. A recently implanted insulin pump is helping, and the family joined a pool in hopes that physical activity will help Martha stave off double diabetes _ and that her twin brother will stay diabetes-free. But weight is a problem for this whole family of bookworms who hate exercise so much that Stevans calls it "torture." "It's painfully hard," she says of her daughter's co-battles with diabetes and weight. Scientists don't yet know if double diabetics will need special treatments. For now, the emphasis is on prevention. For Type 2, that means weight loss. For Type 1, scientists are enrolling pregnant women from diabetes-prone families into a major study to hunt what might protect their babies from the illness later in life. To enroll, check http://www.trigr.org. _

New Study Proves Insurers Have Misled Doctors and the Public

blog@www.johnharrislaw.com (News Author)536 — Tue, 12 Jul 2005 08:00:00 EST

While medical malpractice insurance premiums have more than doubled, actual claims paid have remained flat. "There is not enough accountability... Without insurance industry reform, we won't see a significant drop in premiums." - Bonnie Bowles, Executive Dir., Missouri Assoc. of Osteopathic Physicians and Surgeons With new evidence of insurance industry price-gouging in hand, Connecticut AG Richard Blumenthal is leading the charge for an investigation of medical malpractice insurers, along with the attorney general of Missouri and the Michigan state insurance commissioner. In calling for action, Blumenthal said he was outraged that malpractice premiums in Connecticut have increased by 213% while claims have actually decreased by 1.6%.