Attorney Blog

Do Virginia's reversible HOV lanes cause car crashes?

dbmires@hotmail.com (Blog Author)27174 — Tue, 23 Feb 2010 08:00:00 EST

Virginia makes use of what are called reversible HOV lanes, which are just lanes lined with concrete barriers in which vehicles can travel in either direction depending on the time of day. Lanes are typically synchronized with rush hour, so that the HOV lanes always move in the direction of the greatest traffic flow, switching to the other direction when rush hour changes direction.

However, some people believe that switching directions on a single roadway is confusing for drivers, and can potentially be deadly. Take the case of Norfolk driver Montreal D. Fuller, 29, who accidentally headed onto I-64’s HOV lanes against the flow of traffic. He drove through several barriers and eventually collided with another vehicle, killing himself and the other driver.

In 2008 – the last year for which data is available – there were twelve accidents in the I-64 reversible HOV lanes. And last year, the barrier gates on I-64 that prevent drivers from entering a reversible HOV lane going the wrong direction had to be replaced 72 times because they were struck by an errant driver.

This does not necessarily indicate a problem, claim some experts defending the reversible lanes. Instead, they state that excessive speed and driver inattention are more to blame for accidents than the reversible nature of the HOV lanes.

Some local residents disagree about the safety of these lanes. One example is the I-64 east HOV lanes to I-264, which some motorists feel are poorly designed and required drivers to think fast to get out of the way of the barriers. It’s hard to disagree with the claim of poor design, knowing that barrier gates along I-64 were replaced seventy-two times last year. Perhaps we should all just be glad that there aren’t more traffic accidents along these lanes!

Woman with drill bit in her sinus files dental malpractice lawsuit

dbmires@hotmail.com (Blog Author)25922 — Fri, 29 Jan 2010 08:00:00 EST

A Florida woman has filed a dental malpractice lawsuit against her oral surgeon because he left the inch-long burr from a drill bit in her mouth. The burr eventually traveled up into the woman’s right maxillary sinus, causing her excruciating pain and causing tingling and numbness for almost a year.

The woman, Donna Delgado, 35, originally visited the oral surgeon, Ralph Eichstaedt in August of 2008. At the first appointment Eichstaedt recommended that Delgado have two decaying teeth pulled, and she returned two weeks later to have the procedure performed.

Eichstaedt used the drill bit burr to separate the two teeth in order to extract them more easily. However, the burr became detached from the drill bit and unknown to the surgeon or patient became lost in Delgado’s head.

After the procedure Delgado complained of dizziness and numbness on her right side, where unbeknownst to her the burr was lodged in her sinus. She also suffered from nosebleeds and sinus infections. According to her attorney, when she complained to the oral surgeon’s practice she was discharged, told the sensations were normal, and to “get over it”.

Nearly a year later she sought emergency treatment for the numb feeling from St. Joseph’s Hospital, and upon performing a magnetic scan doctors discovered the burr lodged inside her sinus. The burr was surgically removed, and surgeons remarked that she was lucky that she was not killed.

Additional Toyota recall brings affected vehicle total to 9 million

dbmires@hotmail.com (Blog Author)25920 — Fri, 29 Jan 2010 08:00:00 EST

Auto manufacturing giant Toyota has issued another recall related to unintended acceleration problems in its vehicles, pushing the worldwide total of affected autos up to nine million. The most recent recall is for sticky acceleration pedals.

Vehicles equipped with these acceleration pedals may experience problems with unintended acceleration as parts in the throttle assembly wear prematurely, causing the pedal to stick and remain depressed even when foot pressure is removed.

Some sources blame up to 19 deaths from auto accidents on the overall problem of Toyota’s unintended acceleration, caused by a combination of sticky accelerators and poorly designed pedal / floor mat combinations. Vehicles involved in the latest U.S. recall are no longer being sold in dealerships across the country, a move made by Toyota to protect consumers.

Toyota’s problems with unintended acceleration have caught the attention of Washington lawmakers, who have called for a hearing on the matter. A hearing has tentatively been planned by the House Oversight and Government Reform Committee for next week, and is titled “Toyota Gas Pedals: Is the Public At Risk?”

In addition, a hearing will be held on February 25^th to hear consumer complaints about the issue. In preparation for the hearing committee chairman Henry A. Waxman has asked the National Highway Transportation Safety Administration (NHTSA) for documentation from Toyota and the agency from when they first learned about the issue. Waxman and fellow committee members plan to investigate when each learned about the safety defects and what actions were taken and when to resolve them.

What is being done to cut down on preventable medical errors?

dbmires@hotmail.com (Blog Author)24077 — Mon, 28 Dec 2009 08:00:00 EST

Ten years ago the Institute of Medicine (IOM) reported that up to 98,000 Americans were dying every year from preventable medical errors. The report was the target of criticism from skeptics who contended that the numbers were high, however the it did spur the formation of the modern patient safety movement.

So the question must be asked, has patient safety actually gotten better ten years after the IOM first brought the issue of preventable medical mistakes to light? According to a report issued in the policy journal Health Affairs, there have been improvements in error reporting and quality initiatives led by the Institute for Healthcare Improvement, the Agency for Healthcare Research and Quality, and more.

However, despite some movement in the right direction, improvements in patient safety have stalled when it comes to the implementation of information technology improvements. It seems that IT improvements – which have great promise – have been stymied by organizations and companies that are slow to implement new technology, by the unintended consequences of this new technology, and by unexpected implementation challenges.

Another challenge is that there is no way for organizations to track safety information over time. No matter how hard hospitals and other medical groups try to improve patient care, it will be next to impossible to gauge their progress until they develop a meaningful way to measure improvements in the prevention of medical errors.

Are you doing enough to protect your estate?

dbmires@hotmail.com (Blog Author)22591 — Mon, 30 Nov 2009 08:00:00 EST

Do you think you are doing enough to protect your estate? While many people have done some basic estate planning – perhaps they’ve drawn up a will or set up a trust – their plans may not be complete or may be out of date.

It is important to not only set up a complete estate plan to protect your assets and ensure your beneficiaries are provided for, but to also update it regularly. Different life events – birth, marriage, divorce, death – can affect your wills, trusts, and other documents.

Here are some estate planning issues to consider:

Do you have a will? If so, when was the last time it was updated?
Could you benefit from a living trust?
Do you know the difference between a revocable and an irrevocable living trust?
Have you selected a trustworthy executor?
Are you prepared for what will happen in the probate process?
Is your beneficiary list up to date?
Is a prenuptial agreement right for you?

If you aren’t sure about some of the above questions, maybe it is time to talk to an estate planning attorney. The lawyers at Tavss Fletcher can help you with specific concerns or they can review your overall estate plan and help you make it better.

When a failure to diagnose leads to a major medical problem

dbmires@hotmail.com (Blog Author)20661 — Tue, 27 Oct 2009 08:00:00 EST

Very often when patients worry about something going wrong at the doctor’s office, they worry about something being done to them – wrong site surgery, badly managed anesthesia, a botched procedure, being given the wrong medication, etc. What patients don’t always think about is what their doctor should be doing, but isn’t.

One very serious form of medical malpractice can be difficult to spot, because it sometimes involves nothing at all. This type of medical mistake is the failure to diagnose, meaning a medical professional failed to figure out what was really wrong with a patient in time to do something about it.

What kind of conditions can a doctor fail to diagnose? There are many, but some of the more common things that can be missed include:

Cancer, especially breast, colon, cervical or prostate cancer
Heart attacks or strokes
Serious infections
Appendicitis

If a doctor fails to diagnose a serious condition like one of the above, a patient can experience major complications or could die. Sadly, this happens more often than it should – by some estimates, nearly half of all medical malpractice cases involve a failure to diagnose or a misdiagnosis.

Please read more about this issue in our medical malpractice law library article “What might have been: when doctors fail to diagnose a serious medical condition” and contact Tavss Fletcher if you need help with your medical mistake case.

When can ignition interlock devices be used for DUI offenders?

dbmires@hotmail.com (Blog Author)19300 — Thu, 01 Oct 2009 08:00:00 EST

Ignition interlocks are devices that can be attached to a vehicle’s starter so that the vehicle won’t start if the driver has been drinking. In some types of DUI convictions an ignition interlock can be ordered by the court. For other types of convictions, these devices will be required by the DMV even if not required by the court.

The court can require that you have an ignition interlock device installed on every one of your vehicles as a condition of restricted driving privileges or for full restoration of driving privileges if you’ve been convicted of one of the following:

A second DUI offense within 10 years, or
A third DUI or subsequent offense within 10 years, or
A first DUI offense with a BAC of 0.15 or above.

As a condition of restricted driving privileges or for full restoration of driving privileges, the DMV will required that you have an ignition interlock device installed on your vehicle even if it not required by the court in the following situations:

A second DUO offense conviction within 5 years, or
A third or subsequent DUI offense conviction within 10 years, or
Three separate DUI offense convictions within 10 years.

To speak with one of our Norfolk Virginia criminal law attorneys about your DUI case, please contact Tavss Fletcher at 757.625.1214

Texting and tweeting while driving: a legal disconnect?

dbmires@hotmail.com (Blog Author)19043 — Sun, 27 Sep 2009 08:00:00 EST

Text message use in the last few years has exploded. More people than ever are keeping in touch with each other through mobile devices, allowing them to send and receive text messages from just about anywhere – even from behind the wheel. Combine the ease of text messaging with services like Twitter, and the potential distractions for the modern driver are endless.

This has led to something of a conundrum in some states. Even while banning or restricting the use of mobile devices to send and receive text messages and emails while driving, some states send out Twitter updates about road conditions, traffic issues or other road emergencies.

Virginia is one of these states. Virginians can receive traffic information via Twitter, which means that some drivers could be using the service while they’re behind the wheel. The disconnect here is that Virginia lawmakers just passed legislation making it illegal to send or receive text messages or emails while driving. Are authorities inadvertently encouraging road users to text and drive?

Instead of reading updates while driving, motorists are encouraged by some states to check the traffic situation before getting in their vehicle. If road users are focusing their attention on their mobile devices instead of what’s going on around them – they could quickly become part of the traffic problem by causing a crash themselves.

Wimpy bumpers can mean expensive repairs after a crash

dbmires@hotmail.com (Blog Author)17440 — Tue, 25 Aug 2009 08:00:00 EST

If you get into a car accident, one of the first parts of your car to take an impact is the bumper. In the old days, bumpers were often unattractive but functional, and you could bang them up a bit without too much worry. However, these days bumpers are both functional and decorative, their sleek design adding to a car’s roadside appeal but also upping the cost of a future repair.

The exorbitant cost to fix the technology driven gizmos and gadgets in some newer cars is a frustration for many drivers, especially those facing a big repair bill after an accident. Car manufacturers aren’t helping much, as the Insurance Institute for Highway Safety (IIHS) revealed in a recent test.

Several mid-sized vehicles tested by IIHS scored poorly on low-speed crash tests, meaning that it wouldn’t take much force to damage the bumper and land the car in the repair shop. Not only is it aggravating to have to repair a car after a minor fender bender, but it can be pricey as well.

Here are IIHS’ low-speed crash ratings and bumper repair averages for five 2009 midsize vehicles:

Honda Accord MARGINAL rating, weighted average repair cost of $1,133
Hyundai Sonata MARGINAL rating, weighted average repair cost of $1,265
Nissan Maxima POOR rating, weighted average repair cost of $1,687
Ford Fusion POOR rating, weighted average repair cost of $2,207
Chevrolet Malibu POOR rating, weighted average repair cost of $2,329

Think about it: if a low-speed crash can cause over $2,000 worth of damage in a new car, what is the cost going to be in a serious accident? Ouch!

Overview of Virginia's drunk driving laws

dbmires@hotmail.com (Blog Author)16094 — Wed, 29 Jul 2009 08:00:00 EST

Virginia laws pertaining to individuals found driving with a BAC above the legal limit have been given a rating of “fair” by the Insurance Institute for Highway Safety (IIHS). This means that Virginia’s DUI laws are about average compared to other states.

Brief summary of Virginia’s drunk driving laws:

If a driver’s blood alcohol content (BAC) reaches 0.08 in Virginia, the driver is considered too intoxicated to drive.
There is an automatic seven day administrative license suspension in Virginia for a driver’s first DUI offense.
In Virginia it is not possible for a DUI driver to have their driving privileges restored while their license is suspended (some states allow driving privileges to be restored if the individual can demonstrate that they are suffering from a special hardship because of the restriction).
Virginia is one of 47 states that uses ignition interlock devices (a device connected to a vehicle’s ignition system, disabling it if alcohol is detected on a driver’s breath).
Virginia is one of 32 states where drivers with multiple DUI convictions may be required to forfeit their vehicle.

Read more about DUI accident information in our law library articles “Virginia Drunk Driving Statistics” and “Reasons Why Breath Tests Sometimes Fail to Give Accurate Results”.

Virginia laws restricting cell phone use while driving

dbmires@hotmail.com (Blog Author)16089 — Wed, 29 Jul 2009 08:00:00 EST

Do you use a cell phone while driving? Some surveys suggest that over 80 percent of drivers do, and Virginia lawmakers are starting to take notice. Not only is cell phone use behind the wheel becoming alarmingly prevalent, but it is also very dangerous.

With accidents caused by cell phone users costing Americans $43 billion each year, there is immense pressure on legislators to further restrict driving laws. And it isn’t just about hands-free devices. Studies have shown that drivers are equally distracted and likely to cause serious auto accidents whether they are talking on a hand held or hands free mobile phone.

Virginia probably won’t be banning cell phone use completely any time soon. It has taken a number of years just for lawmakers to push some very basic cell phone driving restrictions through the General Assembly, although this year text messaging was banned for all drivers.

Below is a summary of cell phone laws in Virginia:

There is no overall ban on the use of handheld devices while driving in Virginia
Cell phone use is banned for all drivers under the age of 18
Cell phone use is banned for all bus drivers
Sending or receiving text messages or emails while driving is banned for all drivers in Virginia
Cell phone and text message bans are only enforceable for secondary enforcement (this means police cannot pull somebody over for using a cell phone; drivers can only be cited if they are pulled over for another reason)
The ban on handheld devices is enforceable by primary enforcement only for bus drivers (they can be pulled over just for talking on a cell phone)

Read more about distracted driving in our law library article “Distracted Driving: A Growing Danger on Virginia Roads”.

Medical emergencies can lead to serious car crashes

dbmires@hotmail.com (Blog Author)14030 — Fri, 19 Jun 2009 08:00:00 EST

A fatal Virginia beach car crash illustrates how deadly an unexpected medical condition can be. A North Carolina man is dead after crashing his car on Blackwater Road, near the Virginia and North Carolina state line.

The cause of the accident? According to police investigators, Cecil W. Davis’ pre-existing medical condition contributed to the crash – and his death.

Unexpected medical emergencies are one overlooked cause of potentially serious auto accidents. Crashes can happen when a driver becomes incapacitated when suddenly experiencing a stroke, blackout, or other medical event that can leave them unable to drive.

Medical emergencies are more common in groups like senior citizens or those with known medical conditions like diabetes or seizure disorders. These drivers often fact the difficult choice between the freedom offered by driving and the risk that they could be a danger to themselves or others on the road.

If you’ve been the victim of a serious auto accident, you might be surprised to find out that the accident was caused not by the other driver’s inattention or poor driving, but by a known or unknown medical condition.

Distracted drivers targeted by Virginia lawmakers

dbmires@hotmail.com (Blog Author)11645 — Tue, 05 May 2009 08:00:00 EST

Did you notice that last Wednesday was Virginia’s Distracted Driving Awareness Day? Those guilty of distracted driving behaviors – including chatting on cell-phones, texting while driving, eating behind the wheel, and more – may not even know that April 29^th was a day directed at them.

Since at least one study has shown that distracted driving contributes to up to 80 percent of all car accidents, lawmakers are eager to find ways to encourage drivers to keep their eyes – and minds – on the road.

Many drivers are guilty of driving while distracted at some point behind the wheel, since there are so many opportunities for distraction. Cell phones, music players, dropped objects, chatty passengers, and even interesting distractions outside the car window all compete for a driver’s attention.

While bans against cell-phone use while driving haven’t been successful in Virginia – although lawmakers have been trying to pass such a law since 2001 – it is against the law for teenagers to use a cell-phone while behind the wheel. And for other drivers, sending or reading text messages while driving will become illegal as of July 1.

Many people fret about the dangers of aggressive drivers on Virginia roads – a legitimate concern – but how many of us are prepared to change our own distracted driving habits to keep the roads free from car crashes?

The risks of serious head trauma in a motorcycle accident

dbmires@hotmail.com (Blog Author)9470 — Fri, 27 Feb 2009 08:00:00 EST

Whether you wear a helmet or not, head injuries are one of the biggest risks in serious motorcycle accidents. In fact, head injuries are the leading cause of death in motorcycle accidents. If you chose not to wear a helmet, you are 40% more likely to suffer a fatal brain injury in an accident and 15% more likely to sustain a non-fatal head injury.

The effect of head trauma on motorcycle riders involved in accidents is a major concern for two reasons. First of all, the injuries themselves can be quite severe, if not fatal. Brain injuries can result in memory loss, loss of coordination, seizures, and an inability to continue to work or pursue hobbies.

If the physical effects are not bad enough, there are also the costs associated with a serious motorcycle head injury to consider. Treating injured bikers in a hospital can be quite costly, and the injury may require ongoing care or therapy that over time can add up to a staggering amount. If you’ve been seriously injured in a Virginia motorcycle accident, then you should consider speaking to an experienced attorney at Tavss Fletcher about what compensation you’ll need to move on with your life.

Read more about motorcycle head injuries in our library article, “Motorcycle accidents and serious head trauma” and review facts about motorcycle accidents in “Motorcycle Accident Injury and Fatality Facts”.

Virginia Budget Woes Means Nonviolent Inmates Could be Released Early

dbmires@hotmail.com (Blog Author)8796 — Thu, 05 Feb 2009 08:00:00 EST

It seems that no individual or institution is immune to the effects of the sluggish economy these days. Even Virginia prisons are looking for ways to save money, and they may have found one to make nonviolent offenders smile.

Leaders from the Virginia State Senate are working on a proposal to redesign state criminal sentencing policies which could result in releasing hundreds – even thousands – of nonviolent inmates early.

Some ideas being floated include allowing inmates to secure early release if they agree to home monitoring or if they successfully complete a drug treatment program. If the number of incarcerated nonviolent offenders could be reduced enough, Virginia would be able to close one or two prisons – a substantial savings.

While the move is risky from a political perspective – the idea of releasing a large number of offenders before their time is up rankles many citizens – it has the potential of saving the state tens of millions of dollars. That kind of savings is too good to ignore in this economic climate.

Some lawmakers believe that if citizens took the cost savings into consideration, they would be all for the proposed changes. After all, it costs the state about $25,000 to incarcerate a non-violent offender – wouldn’t the money be better spent on education or transportation?

Will dialing and driving be a thing of the past in Virginia?

dbmires@hotmail.com (Blog Author)8610 — Sat, 31 Jan 2009 08:00:00 EST

If you ask people what their greatest annoyance on the road is these days, many will respond that it is those pesky drivers who hold animated conversations on their cell phones while driving. Nobody likes to see a distracted driver chatting away with only one hand on the wheel as they speed down the highway, ready to cause a serious auto accident.

Studies support the general perception that talking on a cell phone while driving is not safe. In fact, some studies have compared cell phone conversations behind the wheel to driving while under the influence of alcohol. It’s an issue that many states and local governments are taking seriously. Some, like Washington D.C., have passed “hands-free” laws, which require a hands-free device to be used with cell phones.

Virginia already has a law on the books that makes it illegal for drivers under the age of 18 or those still using a learner’s permit to use a cell phone for talking or texting while behind the wheel. Until now, no bill has successfully passed in the Virginia General Assembly that ban cell phone use for driving adults in the Commonwealth of Virginia. Some lawmakers want to go even further than the hands-free laws and ban the use of all wireless devices while driving – that includes the use of hands-free devices.

It’s a controversial topic. To date, while five states and the District of Columbia require the use of hands-free devices, no states have completely banned the use of all wireless devices.

It looks like this year lawmakers in Virginia will try again to pass a law restricting the use of wireless devices like cell phones and Blackberries. At least two laws have been put before the General Assembly so far, one to ban only text messaging while driving and the other similar to the hands free law in DC.

Only time will tell if Virginia lawmakers indeed have the stomach to make such a ban reality.

Auto accidents linked to post-traumatic stress disorder

dbmires@hotmail.com (Blog Author)7945 — Thu, 08 Jan 2009 08:00:00 EST

When most people think about the impact of a car accident, they think of lacerations, broken bones, head trauma and other physical injuries. Many people don’t consider the mental after-effects of a serious auto crash. Some doctors believe that car accident victims can suffer from post-traumatic stress disorders (PTSD) and the symptoms can last for decades.

According to researchers, PTSD is most often experienced by victims of a very serious auto accident especially one involving fatalities.

PTSD symptoms can include:

cold sweats
panic attacks
nightmares
insomnia
compulsive behavior
persistent worry / anxiety

Researchers estimate that up to 45% of auto accident victims suffer from PTSD symptoms. If you were in a car, truck, or motorcycle accident and suspect that you are experiencing PTSD symptoms, let your doctor and your attorney know. There is treatment available for PTSD, and the sooner your symptoms are recognized and addressed the better for you.

Contact Tavss Fletcher at (757) 625-1214 for legal advice regarding your car, truck, or motorcycle accident case.

When a Doctor or Hospital Causes Hypoxic-Ischemic Encephalopathy

mindywein@cox.net (Blog Author)7401 — Thu, 18 Dec 2008 08:00:00 EST

Hypoxic-ischemic encephalopathy is a type of birth injury that can lead to a permanent disability, such as cerebral palsy or mental retardation. This birth injury refers to the damage done to the cells in the central nervous system (brain and spinal cord) caused by lack of oxygen. If your baby has been diagnosed with hypoxic-ischemic encephalopathy, you need to find out what caused the oxygen deprivation that led to this serious injury.

When there is a lack of oxygen to an infant’s brain, after only five minutes the brain cells will begin to die. In cases involving babies, birth injury is the most frequent cause of hypoxic-ischemic encephalopathy.

During the labor and delivery process, errors can occur. Hospitals and doctors sometimes make mistakes that affect expectant mothers and babies. Birth injuries can result from a delayed C-section or a prolonged birth. If the infant is in the birth canal too long, the umbilical cord was prolapsed, fetal heartbeat was misread or if the doctor did not respond promptly to a complication, the baby can be injured. Any of these events can lead to a lack of oxygen, which can cause brain damage in infants.

Not every case of hypoxic-ischemic encephalopathy is the result of hospital error or doctor error, but there are some cases that could have been prevented if the appropriate measures had been taken. If you are not sure what caused your baby to experience hypoxic-ischemic encephalopathy, you should have an experienced Virginia medical malpractice lawyer review your case. The medical malpractice attorneys at Tavss Fletcher will be able to look at the details of your case to determine who was at fault and if you are entitled to compensation for your child’s injuries. Contact Tavss Fletcher today at 757-625-1214 today to review your case.

The article, Hypoxic-Ischemic Encephalopathy Caused by Medical Errors, has more information on this topic.

When Cerebral Palsy is Caused by Hospital or Doctor Error

mindywein@cox.net (Blog Author)7187 — Wed, 10 Dec 2008 08:00:00 EST

As a parent of a child with cerebral palsy, you know how difficult it can be to cope with the disorder. You probably never imagined that your child would be afflicted with such a devastating disorder and may be wondering what caused it.

Cerebral palsy can affect a child’s ability to perform voluntary movements and can also impact muscle coordination. Some individuals with cerebral palsy have stiff or tight muscles and exaggerated reflexes. Unfortunately, there is no cure for cerebral palsy.

Cerebral palsy is the result of brain damage and symptoms usually surface shortly after birth or early in childhood. Brain damage that leads to cerebral palsy can be caused by infections, long labor and delivery, birth defects, seizures, premature birth, lack of oxygen, low birth weight, bleeding in the brain or genetic conditions. Cerebral palsy has also been linked to birth injuries resulting from errors made by doctors and/or hospitals.

Doctors and hospitals sometimes make mistakes that lead to cerebral palsy. Some of these catastrophic errors include leaving the infant in the birth canal too long, failure to treat seizures, improper use of forceps or vacuum extraction and failure to detect a prolapsed cord. When a doctor delays a C-section or doesn’t promptly address complications during labor and delivery, the risk of birth injury increases, which also raises the likelihood of the child developing cerebral palsy.

If your baby has been diagnosed with cerebral palsy and you believe that hospital error or doctor error could have contributed to your child’s disorder, you need to talk with a medical malpractice attorney. The experienced medical malpractice lawyers at Tavss Fletcher can review the details of your case to help you determine the cause of your child’s disorder. Call us today at 757-625-1214 for legal advice regarding your child’s cerebral palsy case.

The article, Cerebral Palsy Caused by Birth Injury, has more information on this subject.

Traumatic Brain Injury (TBI) Caused by a Car Accident, Fall or Assault

mindywein@cox.net (Blog Author)6203 — Fri, 14 Nov 2008 08:00:00 EST

Every year, 1.4 million Americans are the victims of traumatic brain injury. Traumatic brain injury occurs when the head is hit or penetrated, which damages the brain tissue. Since this type of injury affects the brain, it can lead to permanent physical or mental disability.

The most common causes of traumatic brain injury include falls, which is the leading cause, car accidents, assaults and blows to the head. When traumatic brain injury is the result of someone else’s negligence, such as a car accident caused by another driver, the injured victim can pursue compensation.

If you or a family member has received a head injury, it is important to recognize the signs of traumatic brain injury. Some of the symptoms of mild traumatic brain injury include headache, dizziness, confusion, lightheadedness, blurred vision, lethargy and behavioral changes. Moderate to severe traumatic brain injury has many of the same symptoms as a mild case, but might also include a headache that gets worse or will not go away, repeated vomiting, seizures, inability to awaken from sleep, pupil dilation, slurred speech, loss of coordination and restlessness. If you notice any of the signs associated with moderate to severe traumatic brain injury, medical attention should be pursued as soon as possible.

Unfortunately, brain damage is irreversible, but doctors will take action to prevent further injury. It is crucial that there is adequate blood flow and oxygen flow throughout the body and that blood pressure is kept under control. A doctor will order an imaging test, such as an x-ray, CT scan or MRI scan to determine the extent of damage. Nearly 50 percent of patients with traumatic brain injury will need surgery. Other patients may be put on a treatment program, which includes a variety of therapy.

Treating traumatic brain injury is expensive and can place a financial burden on you and your family. If the injury was caused by another person, you may be awarded damages to cover medical expenses, lost wages, pain and suffering and other costs related to traumatic brain injury. Contact Tavss Fletcher at (757) 625-1214 for legal advice regarding your traumatic brain injury case.

The article, What is Traumatic Brain Injury, has more information on this subject.

Dental Malpractice Cases

mindywein@cox.net (Blog Author)5995 — Fri, 07 Nov 2008 08:00:00 EST

You never would have imagined that you would become the victim of malpractice when you went to see the dentist. Your routine dental procedure may have gone terribly wrong, causing you severe pain and serious injuries. The dentist can be held liable if his or her actions were negligent, which ultimately caused your injury.

Dental malpractice can be defined as a lack of reasonable care or negligence by a dental professional. As a patient, the dentist owes you a duty to provide a standard level of care that is consistent with the dental industry. When you are injured by dental malpractice, you could end up with permanent damage.

Some of the types of dental malpractice include failure to diagnose oral cancer or disease, nerve damage to the tongue, jaw, lip or chin, oral surgery error, infection, permanent numbness in the tongue and complications from anesthesia. Most often, these situations are preventable.

It is not always easy to identify dental malpractice and not every side effect of dental work falls into that category. Dental malpractice exists when you receive an injury that was the direct result of dentist’s negligence, which caused you to suffer either physically or financially. When a dental procedure, such as a root canal, goes wrong, you may incur many more expenses to correct the problem. A successful dental malpractice case against your dentist can help cover your medical bills. A dental malpractice lawsuit may also entitle you to compensation for pain and suffering, lost wages, inconvenience, disfigurement and mental suffering.

If you are not sure if your injury was caused by dental malpractice, you should contact a dental malpractice attorney who can review your case. The dental malpractice lawyers at Tavss Fletcher can help you recover damages for your dental malpractice case. Call (757) 625-1214 for expert legal advice.

The article, What is Considered Dental Malpractice?, has more information regarding this topic.

Heart Attacks Are Often Misdiagnosed

mindywein@cox.net (Blog Author)5778 — Tue, 28 Oct 2008 08:00:00 EST

Every year, almost half a million Americans die of a heart attack. It has been estimated that one in 50 heart attack victims are sent home by emergency room doctors. Heart attacks that go undiagnosed can lead to serious problems and often times, death. When a doctor fails to take the appropriate measures to identify a heart attack, the situation is considered medical malpractice.

Undiagnosed heart attacks account for the highest medical malpractice settlements. Errors made by doctors when it comes to detecting a heart attack carry severe consequences. Many times, a death caused by a misdiagnosed heart attack could have been prevented. Doctors believe that the number of people who die each year of misdiagnosed heart attacks is very high.

Stories are frequently circulated about patients who are sent home after going to the hospital complaining of symptoms associated with a heart attack. A story appeared in USA Today a couple of years ago about a man who was taken by ambulance to the hospital with chest pains and shortness of breath, only to be sent home by the emergency room doctor who diagnosed the patient with anxiety. Within 24 hours the man died. His wife was quoted in the article as saying she felt like more could have been done to save her husband.

It is important to be familiar with the warning signs of a heart attack. According to the American Heart Association, these symptoms include chest discomfort, discomfort in other areas of the upper body, shortness of breath, breaking out into a cold sweat, nausea and lightheadedness. If you or a family member experiences any of these symptoms, emergency medical attention is crucial.

Hospitals and doctors can be held liable for misdiagnosed heart attacks. An experienced medical malpractice attorney can build a case based on the evidence to help you receive the compensation you deserve. Contact Tavss Fletcher at (757) 625-1214 for legal advice regarding your medical malpractice case.

The article, Undiagnosed Heart Attacks, has more information on this subject.

Spinal Cord Injury Caused by a Car, Motorcycle or Truck Accident

mindywein@cox.net (Blog Author)5441 — Fri, 17 Oct 2008 08:00:00 EST

If you have been affected by a spinal cord injury or know someone who has, you know that it is a devastating and life changing event. A spinal cord injury will often lead to a permanent disability or paralysis and a loss of sensation below the site of the injury. Damage to the spinal cord cannot be reversed.

The spinal cord carries sensation and motor signals to and from the brain. When the spine is injured, it can result in segmental losses of interneurons and motorneurons, which disrupt these signals. One of the leading causes of spinal cord injuries is car accidents. However, a spinal cord injury can also be caused by a motorcycle crash, truck accident, fall, gun shot or sports-related accident.

It is not uncommon for an individual to be unaware of a spinal cord injury. Sometimes the symptoms are not immediately apparent. Usually numbness or paralysis will occur right after the injury, but other times the symptoms appear gradually as the area around the spinal cord begins to bleed or swell.

Some of the symptoms of a spinal cord injury include unconsciousness, paralysis in any part of the body, numbness in the limbs, trouble walking, head, neck or back pressure, pain in the spine, immobility, loss of sensation, loss of bladder control, spasms and difficulty breathing.

Even though it is impossible to undo the damage to the spinal cord, advancements in surgical procedures and medical treatment can help improve the recovery of the patient. Treatment is generally focused on helping the patient have an active and healthy life. After a patient is stabilized, doctors will work on a plan to avoid further complications, such as blood clots, deconditioning, muscle contractures and bed sores.

The ongoing care and lifestyle change associated with a spinal cord injury can place a substantial burden on the victim and the victim’s family members. If you or someone you love has a spinal cord injury that was the result of another person’s negligence, you may be able to recover compensation to pay for medical care and lost wages. Contact Tavss Fletcher at (757) 625-1214 for legal advice.

The article, Spinal Cord Injury – Causes, Symptoms & Treatment, has additional information about these types of injuries.

The danger of medically unfit tractor trailer and bus drivers

dbmires@hotmail.com (Blog Author)4309 — Sun, 31 Aug 2008 08:00:00 EST

How would you feel if you were involved in a serious traffic accident, only to find out that the bus or truck driver who hit you was considered unfit to drive? This is a reality that many individuals have had to face over the years, as lax regulations and inadequate oversight of commercial driver regulations have allowed medically unfit drivers to menace the roadways.

What is especially disturbing is that this has been a known issue since 1999, when a bus driver with multiple heart and kidney conditions slumped in his seat while driving, causing a terrible crash that took the lives of 22 people. Despite the driver’s many serious health problems and multiple prescription medications, he held a valid license and medical certificate.

After this tragic accident the National Transportation Safety Board (NTSB) made a number of recommendations to the Federal Motor Carrier Safety Administration (FMCSA). If implemented promptly, these recommendations would have shored up the holes in FMCSA regulations that allow medically unfit commercial drivers to secure the licenses and medical certificates they need to drive.

However, nearly a decade after that horrific accident in New Orleans, eight of NTSB’s recommendations are still outstanding and a recent investigation by AP News found that medically unfit commercial drivers have been driving – and causing serious accidents – in all 50 states. Some drivers are even accepting money from the federal government for their supposedly serious disabilities, but are somehow still behind the wheel.

FMCSA has been directed to speed up implementation of the final 8 NTSB recommendations; unfortunately, this will come too late for the men, women, and children already injured or killed by commercial drivers who never should have been behind the wheel.

Medical examiner's past affects criminal cases in Norfolk

faye@tavss.com;tavss@tavss.com (News Author)13152 — Sun, 28 Feb 2010 08:00:00 EST

Can criminal defendants expect to receive a fair trial when the people trusted to investigate the crime are criminals themselves? This is the question being asked by the Commonwealth’s Attorney’s office in Norfolk.

It turns out that a Norfolk medical examiner who performed autopsies on crime victims has a checkered past. The medical examiner, Dr. Gary Zientek, has a history of brushes with the law over drug related offenses.

Zientek’s medical licsense was revoked in 2003, but later reinstated in 2007. He has three misdemeanor convictions for obtaining drugs by fraud in Henrico County. However, as a medical examiner trainee the Chief Medical Examiner claims that he was always under supervision and he was “one of the best trainees ever in Tidewater.”

According to a local news report investigation, Zientek participated in 175 autopsies for the medical examiner’s office, including 30 autopsies that were part of homicide cases.

Why is his drug offense past an issue? In at least one case prosecutors decided not to pursue the death penalty against a murderer who pleaded guilty to killing his stepdaughter. The man was convicted and sentenced to life in prison without parole; prosecutors worried that the blemishes on Zientek’s record would prevent them from securing the death penalty because Zientek had participated in the victim’s autopsy.

$9.45 million awarded to woman in Prempro breast cancer case

faye@tavss.com;tavss@tavss.com (News Author)13082 — Thu, 25 Feb 2010 08:00:00 EST

A woman who claimed that a hormone-replacement drug manufactured by Pfizer Inc.’s Wyeth unit caused her breast cancer has been awarded $9.45 million by a jury. The woman, Audrey Singleton, a retired school bus driver from Alabama, began taking the drug, Prempro, in August 1997 and took it until 2004.

At the time she started the drug, a mammogram came back normal. She stopped taking Prempro only after she was diagnosed with breast cancer. Singleton is one of 8,000 people suing Pfizer / Wyeth claiming that they were affected by cancer because of the drug.

The jury awarded Singleton $3.25 million in compensatory damages and $6 million in punitive damages, as well as $200,000 to Singleton’s husband for loss of consortium.

The drug Prempro is a combination of Wyeth’s estrogen-based drug Premarin and Pfizer Pharmacia & Upjohn’s progestin-based drug Provera. Prempro was prescribed to women seeking relief from symptoms like hot flashes and mood swings.

A study in 2002 linked use of the drug to cancer. Despite the study, Wyeth claims that Singleton’s doctor instructed her to continue taking Prempro.

It remains to be seen if the jury award will stand. Two other jury verdicts that found against Pfizer were reversed post-trial and others are being challenged on appeal.

New Virginia Beach helicopter could save auto accident victims' lives

faye@tavss.com;tavss@tavss.com (News Author)13084 — Thu, 25 Feb 2010 08:00:00 EST

Good news for auto accident victims seriously injured in Virginia Beach or nearby areas: there is a new $2.9 million helicopter available to take injured people to local hospitals in a fraction of the time that it takes an ambulance to make such a trip.

Emergency responders in the Virginia Beach area are excited to have a new useful tool at their disposal, and the chopper has already saved two accident victims’ lives. The expensive new helicopter was bought by the Virginia Beach Police Department with a combination of federal drug forfeiture money, city reserve money and leftover vacant position salary dollars.

The helicopter won’t be used exclusively for traffic crash victims; it is also intended to help fight crime. It is capable of shining high-intensity spotlights on fugitives and assisting in police chases. It can also be used to assist the fire department in fighting fires.

In order to save car crash victims, fight crime, douse fires and more, the helicopter is well outfitted. It contains state of the art medical equipment, upgraded navigation systems, floats for emergency water landings, an infrared system for locating cars and humans, a human hoist, and a powerful “night sun” flashlight.

Given the severity of some motor vehicle collisions in the Virginia Beach and Norfolk areas, it is reassuring that our emergency responders and the police department have access to this sophisticated life-saving tool.

Criminal charges may be filed in unusual shooting of 9 month old girl

faye@tavss.com;tavss@tavss.com (News Author)13088 — Thu, 25 Feb 2010 08:00:00 EST

After what is believed to have been an accidental shooting of a 9 month old girl, police are trying to decide whether or not to pursue criminal charges. The Chesapeake Commonwealth’s attorney is being consulted to help make the decision.

Details on the case are thin, but according to Chesapeake police the girl, Makenna Rose Luman was being cared for by her parents Colton Jack Luman, 26, and Jessica Luman, 27, in a remote part of the Navy’s Northwest Annex near the North Carolina border. All that is known is that Makenna was shot while with her parents at their home in the 800 block of Warbler Court. She later died at the hospital.

A public affairs officer has stated that Mr. Luman is a Marine sergeant assigned to a training company of Marine Corps Security Force Regiment in Norfolk, Va. According to the Virginia Pilot online, Luman had a firearms permit and was licensed by the California Bureau of Security and Investigative Services as a guard on and off over the last four years.

Statistically, firearm deaths of children under the age of five are usually accidental. However, under Virginia law an individual who discharges a firearm inside an occupied dwelling can be charged with involuntary manslaughter. This is true even if the shooting is done without malice, as is often the case with accidental shooting deaths of children.

Virginia Beach police sergeant charged with drunken driving

faye@tavss.com;tavss@tavss.com (News Author)12977 — Mon, 22 Feb 2010 08:00:00 EST

A Virginia State trooper pulled over a vehicle on Interstate 264 near the exit for Independence Boulevard in Virginia Beach, only to find a fellow officer behind the wheel. The driver, Sgt. James Eric Riddick, 37, was suspected of drunken driving when the stop was made.

According to the arresting officer, Riddick – who was off-duty at the time – was weaving, failed field sobriety testing, and smelled strongly of alcohol. A blood test administered two hours after the traffic stop registered Riddick’s blood-alcohol concentration (BAC) at 0.18, which is more than twice Virginia’s legal limit of 0.08.

As a result, Riddick was charged with driving under the influence of alcohol (DUI), had to post $500 bond, and must appear before the General District Court next month.

Riddick, a fifteen year veteran of the Police Department, is currently on administrative leave pending the outcome of an internal investigation and ultimately the outcome of his trial. He was apparently a highly regarded police officer, with 24 letters of recommendation and various commendations on his record.

This is not the first time that a police officer was arrested for drunken driving. Last June Bryan K. Womble, a Virginia Beach police officer, was caught driving under the influence with a BAC of 0.15. Womble’s arrest was a surprise to many, as he was a member of the Traffic Safety Unit, formerly known as the Selective Enforcement Team, a group targeting impaired drivers.

Virginia Beach woman facing trial for DUI fatality

faye@tavss.com;tavss@tavss.com (News Author)12493 — Fri, 29 Jan 2010 08:00:00 EST

Natasha Herzog, 29, the Virginia Beach woman accused of killing a pedestrian and seriously injuring another while driving drunk has been convicted on charges related to the case. Herzog will also face additional charges in Circuit Court.

General District Judge Steven Frucci has convicted Herzog of driving under the influence (DUI) and refusing to take a breath test. He also ruled that there is enough evidence for Herzog to be tried in Circuit Court on charges of involuntary manslaughter and malicious wounding.

Herzog, whose previous requests for bond were denied twice, chose to appeal the DUI and breath test refusal convictions to the Circuit Court. She has been described in previous court appearances as a flight risk and a danger to the community.

Herzog struck two pedestrians in November at Town Center while driving drunk. One pedestrian, Hunter Richardson, 23, was killed in the accident and the other, Charlotte Straats, is confined to a wheelchair with serious leg injuries.

This is not the first time that Herzog has been in trouble with the law. In 2000, twice in 2001 and again in 2002 she was charged with driving on a suspended license. She was also charged with reckless driving in 2000 and again in 2004, and failed to show up in court in 2000 and 2004.

Chesapeake man sentenced in motorcycle traffic death

faye@tavss.com;tavss@tavss.com (News Author)12501 — Fri, 29 Jan 2010 08:00:00 EST

A man accused of contributing to the death of a Grady motorcycle rider in August of 2007 was recently sentenced to a minimum jail sentence of two years and five months and a maximum sentence of three years and eight months. The man, 46 year old Paul Graves Hill, pleaded guilty to felony death by motor vehicle in Currituck Superior Court.

Hill was driving a pickup truck on Southland Trade the night of the accident, and tried to cross five lanes of traffic to reach a dealership. As he was cutting across the lanes he got in the way of Williams’ motorcycle, causing Williams to crash into the pickup truck.

As a result of the collision Williams was thrown into the air and landed on the highway. He died after being airlifted to Sentara Norfolk General Hospital suffering from a traumatic brain injury.

Hill was originally charged with driving while impaired, murder, and felony death by motor vehicle. He pleaded guilty only to the felony charge as part of a plea agreement with the prosecution. The judge accepted the plea only after it was agreed to by the family of the victim, Ruby Williams.

According to the Assistant District Attorney in the case, Williams’ family agreed to the plea deal to ensure that Hill would spend time in jail. The family feared, according to the assistant DA, that he might receive a lighter sentence if he went before a jury.

Hill will begin his prison sentence March 6, after undergoing surgery he had scheduled before the trial. Hill has been arrested twice before for driving while impaired, once in 1991 and again in 2000, when he was convicted.

Suffolk man charged in teen gun death

faye@tavss.com;tavss@tavss.com (News Author)12503 — Fri, 29 Jan 2010 08:00:00 EST

A 29 year old Suffolk man has been arrested and charged with killing a teen during a shooting near Booker T. Washington High School. Norfolk police were alerted to the incident when a call came in claiming gunshots were heard in the 1200 block of Maltby Avenue.

When police responded to the call, they found the victim on the ground. He was quickly taken to Sentara Norfolk General Hospital with life threatening injuries from what police believed were gunshot wounds. He later died at the hospital.

The perpetrator, Dominic Lorenzo Myrick, of Pine Street in Suffolk, has been charged with murder and use of a firearm for his role in the death of the victim Daquan Mario Hill, 19, from Norfolk. Norfolk and Suffolk police worked together to apprehend and charge Myrick.

Hill’s death is the fourth homicide so far this year in Norfolk, and all other victims have been young men in their teens or twenties who have been shot.

Myrick was apprehended by police without incident, and after being charged was sent to be held in Norfolk County Jail.

Involuntary manslaughter charges for man who killed two in DUI crash

faye@tavss.com;tavss@tavss.com (News Author)12412 — Tue, 26 Jan 2010 08:00:00 EST

A man accused of killing two people while intoxicated has been charged with two counts involuntary manslaughter and drunken driving. The man, Christopher D. Dockiewicz, 44, hit the couple’s vehicle, which was headed north on Princess Ann Road in the middle of the afternoon.

The two people in the other car were pinned inside their vehicle. Firefighters and paramedics tried to save them, but to no avail. The driver, Anthony Tonking, 74, died at a Virginia Beach hospital from injuries sustained in the crash. His wife, Mary Jean Tonking, 72, died at the scene of the accident. Both were wearing their seatbelts when the accident happened.

According to police, Dockiewicz had been speeding and passing other cars before the crash. At the time of the accident he had lost control of his vehicle on a sharp turn, veering into oncoming traffic and hitting the Tonkings.

Dockiewicz was also taken to the hospital to be treated for his injuries, where he was guarded by sherriff’s deputies. He was later transferred to city jail and denied bond. The involuntary manslaughter charges against Dockiewicz are felony charges that could put him behind bars for ten years.

The accident is still under investigation.

Pro football hall of famer pleads guilty to DUI in plea deal

faye@tavss.com;tavss@tavss.com (News Author)12413 — Tue, 26 Jan 2010 08:00:00 EST

Bruce Smith, a retired professional football player who was inducted into the Hall of Fame in August, agreed to plead guilty to charges of drunken driving in an incident that happened last May. Smith was originally convicted of driving under the influence, speeding, and refusing to take a blood or breath test.

The first conviction happened in the General District Court. Smith appealed the verdict, and the case ended up in the Circuit Court where he agreed to please guilty to the DUI charge in exchange for the prosecutors dropping the speeding and blood / breath test refusal charges.

As a result of pleading guilty and being convicted of the DUI, Smith’s license will be restricted for one year and he will have to remain on good behavior, in addition to a 90 day suspended jail sentence, a $1,000 fine, and enrollment in an alcohol-safety program.

Smith was originally arrested by Virginia Beach police officer Bryan Womble, who himself was arrested the very next month for driving while intoxicated while off-duty. Womble plead guilty and lost his job with the police force, factors in the case that were taken into account by prosecutors when reaching a deal with Smith.

This was the third DUI arrest for Smith, who was charged with driving under the influence in 1997 and again in 2003. The first charges in 1997 were dismissed and Smith was acquitted of the second charges six years later.

Experts warn of the dangers to patients at medical spas

faye@tavss.com;tavss@tavss.com (News Author)12032 — Thu, 31 Dec 2009 08:00:00 EST

There are around 1,800 medical spas in the United States, and their growing popularity has experts concerned about patient safety and charges of medical malpractice. These spas, which are facilities that provide both cosmetic and outpatient medical treatments to consumers, are a massive growth injury.

Patients – or as they are more commonly known, clients – can undergo everything from chemosurgery for skin cancer to reconstructive surgery to laser hair removal and liposuction. This may not seem like a big deal, but the real problem is the lack of regulation in the medical spa industry, and that combined with the increasingly complicated procedures being offered are of concern to some.

Medical spas are being scrutinized right now after the death of a 37 year old woman who went to a Florida MedSpa for liposuction. During the procedure the woman experienced seizures and never regained consciousness.

An investigation found a number of issues with the procedure, which has prompted talk of legislation to control what types of procedures can be performed at medical spas, what credentials the doctors and other staff must have, and who can own such a spa.

For some, the training and experience of medical spa providers is the biggest issue. Legislation targeted at ensuring that medical spa caregivers have the education and experienced necessary to perform medical procedures is likely to be seen in more and more states.

A new way to catch preventable medical mistakes?

faye@tavss.com;tavss@tavss.com (News Author)11993 — Tue, 29 Dec 2009 08:00:00 EST

Preventable medical mistakes are estimated to kill anywhere from 44,000 to 98,000 people every year in the United States, and medical experts and hospitals have been struggling to find ways to catch these errors before they kill or harm patients.

Not only are preventable medical mistakes of concern to healthcare professionals, near-miss medical mistakes are a concern as well. There is no way to count the number of near-misses that happen every year – mistakes that could have happened had they not been caught in time – and this is of great concern.

One internal medicine specialist believes that doctors and hospitals can cut down on the number preventable medical mistakes by keeping track of these near-miss cases. The specialist, Dr. Ethan Fried, the Vice Chairman for Education for the Department of Medicine at St. Luke’s Roosevelt Hospital in Manhattan, has created a near-miss registry.

This registry Dr. Fried created is an online reporting system that allows doctors and other healthcare professionals to anonymously report details of a near-miss, a medical mistake that was corrected before it harmed the patient. Health agencies and hospitals can then use this “treasure trove” of information to pinpoint weaknesses in the healthcare system, and make changes or educate doctors so the mistake does not recur.

Another Virginia Beach police officer accused of DUI hit-and-run

faye@tavss.com;tavss@tavss.com (News Author)11999 — Tue, 29 Dec 2009 08:00:00 EST

A Virginia Beach police officer has been charges with driving under the influence and hit-and-run after a weekend accident. This is the second time this year that a Virginia Beach police officer has been charged with both DUI and hit and run.

The officer, Stephane Prevot, crashed into a neighbor’s mailbox in the 1100 block of Myrtle Avenue in Chesapeake just before noon on Saturday. As a result of the accident Prevot has been charged with DUI and hit-and-run.

A Virginia Beach spokesperson declined to provide any additional details about the case. All the spokesperson would tell reporters is that Prevot has been a Virginia Beach police officer since January 2005.

The first Virginia Beach police officer charged with DUI and hit-and-run was Bryan K. Womble, 37. In June Womble hit a car in Virginia Beach, drove away, and was later stopped by another officer. Womble was found to have a BAC of 0.15 at the time of the incident.

Since his initial arrest Womble pled guilty and was convicted of the DUI and hit-and-run charges, spent 5 days in jail, and will also have to pay a $500 fine, lose his license for a year, attend alcohol safety awareness classes, and use an ignition interlock device for six months. Womble also lost his job as a result of the conviction.

Navy, Virginia Beach police believe DUIs can be stopped before they happen

faye@tavss.com;tavss@tavss.com (News Author)11803 — Sun, 20 Dec 2009 08:00:00 EST

The Navy and the Virginia Beach Police have been working together to try and stop sailors from driving while intoxicated. The Navy offers several programs to educate sailors about the risks and consequences of driving drunk, and they hope that their message will stick long after sailors return home.

Intoxicated Navy sailors have been a challenge for Virginia Beach police. Given the large concentration of Navy personnel in the area, a fairly high proportion of DUI arrests are Navy men and women.

The programs appear to be having a positive effect. According to the Alcohol and Drug Control Officer for the Navy’s Fleet Forces Command, drunken driving arrests are down 6 percent for Tidewater based sailors and down 9 percent for local commands that have hosted DUI-prevention lectures.

One member of the Virginia Beach Police’s Traffic Safety Unit, a group that focuses on stopping drunk driving, believes the decreases can be attributed to a fundamental change in Navy culture. Some experts believe that culture change, rather than stiffer penalties, is the most effective way to reduce the number of drunk drivers on local roads.

The effort to cut down on the number of Navy sailors arrested for DUI is an ongoing battle, however, and despite improvements drunken sailors are still a problem across the Virginia Beach area.

No bond for woman charged with DUI manslaughter

faye@tavss.com;tavss@tavss.com (News Author)11804 — Sun, 20 Dec 2009 08:00:00 EST

A Virginia Beach woman who hit two pedestrians at Town Center last month has been denied bond. She is in Virginia Beach jail and faces charges of DUI-second offense, refusal to take a breathalyzer, manslaughter and maiming.

The charges stem from an incident last month when the woman, 29 year old Natasha Herzog, drover her SUV into two pedestrians at the intersection of Columbus Street and Market Street near Town Center.

One pedestrian, a woman, 23, was taken to the hospital where she was found to have several broken bones and need surgery. She is expected to recover.

The other pedestrian, Hunter Richardson, 23, suffered massive internal injuries when hit by Herzog, and died not long after the crash. Richardson, an only child, was a recent graduate of Virginia Tech, and had a degree in Economics and Environmental Science. He was buried at Centenary United Methodist Churt in Portsmouth.

Herzog, who has been arrested for drunken driving before, will remain in jail until her next court date, which is scheduled for January 14, 2010.

Still no driver charged in hit-and-run crash that killed Norfolk man

faye@tavss.com;tavss@tavss.com (News Author)11531 — Mon, 30 Nov 2009 08:00:00 EST

One year ago Michael Hill, 47, was killed when his Honda Passport was hit by a stolen Infiniti that ran a stop sign at 55mph near West 25^th Street and Colonial Avenue. Hill was hit on his way to the grocery store by three people in the Infiniti, all of whom ran from the scene after their vehicle crashed.

The Infiniti occupants did not call for help nor did they check on Hill, who was left to die. One year later, two of the three people from the stolen Infiniti have been identified, but neither was charged as the driver and the third person has not been found.

Several months after the incident two people were charged in relation to the crash. A 21 year old Norfolk man, Doncelle McClendon and a 17 year old girl both pleaded guilty to hit-and-run charges.

McClendon was sentenced to 16 months in jail, with three years suspended. The teenage girl was tried as a juvenile and was sentenced to one month in jail with 11 months suspended.

McClendon will be out of jail in April, and the teen is already free. Neither McClendon nor the teen were charged as the driver of the car that killed Hill, and neither was charged with stealing the Infiniti.

Hill’s family is struggling with the lack of closure and frustration that the third vehicle occupant was not identified nor was anyone held accountable for Hill’s tragic and untimely death.

Your doctor's state of mind could affect the outcome of your surgery

faye@tavss.com;tavss@tavss.com (News Author)11532 — Mon, 30 Nov 2009 08:00:00 EST

A large new study has shown that surgeons who describe themselves as burned out or depressed are more likely to make major medical mistakes at work. These findings are significant considering that as many as 10 percent of all hospitalized patients are affected by medical mistakes.

Fatigue and long working hours are often cited as reasons for doctor errors, but this study brings mental health issues to the forefront and underscores the importance that happiness and job satisfaction have on job performance.

The questions asked by researchers included those intended to rate emotional exhaustion, depersonalization and personal accomplishment – all elements of job burnout. Questions also included those intended to screen for signs of depression.

Data in the survey was made up of responses from 7,905 surgeons, 40 percent of whom responded that they were burned out and 9 percent responded that they had made a major medical mistake in the previous three months.

What the survey did not show was the number of nights on call per week and the number of hours worked negatively impacting surgeon’s work performance. Those who worked hard for long hours were not more likely to make mistakes, according to the survey results.

The study may push hospitals to more closely monitor their surgeons for signs of depression or burnout, especially if such factors have a clear impact on patient safety and the bottom line.

Virginia man pleads guilty to racketeering charges in Pagans Motorcycle Club case

faye@tavss.com;tavss@tavss.com (News Author)11481 — Fri, 27 Nov 2009 08:00:00 EST

A Virginia businessman, one of 55 members of the Pagans Motorcycle Club charged with a variety of crimes, has agreed to cooperate with prosecutors. He has pleaded guilty to extortion before a U.S. District Judge in Charleston, and faces up to 20 years in prison.

The Pagans Motorcycle Club case involves murder conspiracy, kidnapping and other charges against members in West Virginia, Virginia, Kentucky, Pennsylvania, New Jersey, New York, Florida and Delaware.

The businessman, John N. Maggio, 47, admitted in his plea agreement to conspiring last year with the Pagan’s indicted national vice president to extort nearly $30,000 from two business associates.

According to Maggio the extortion plot began when he asked the vice president for help collecting some unpaid debt. The vice president, Floyd “Diamond Jesse” Moore, has pleaded not guilty to a number of charges that include racketeering, murder conspiracy and threatening witnesses.

In the plea agreement Maggio was recorded telling an associate of Moore’s where to find the people who owed him money and what they looked like. He also stated that he did not care whether or not they were injured or how badly.

A total of six defendants in the sweeping federal case involving members of the Pagans Motorcycle Club have pleaded guilty to charges. Additional guilty pleas may follow.

Virginia Beach man pleads guilty in $3M wire fraud case

faye@tavss.com;tavss@tavss.com (News Author)11482 — Fri, 27 Nov 2009 08:00:00 EST

A Virginia Beach resident has pleaded guilty to federal wire fraud charges in a massive mortgage fraud scheme. Wayne M.B. Lezama, 44, a former real estate agent, agreed to cooperate with authorities investigating the $3 million scheme.

Lezama entered his plea in the U.S. District Court in Norfolk, Virginia. As a part of his plea agreement Lezama, originally from Buford, Georgia, will have to pay back at least $1 million lost by financial institutions in the scheme. If convicted, he could face up to 30 years in prison and $1 million in fines in addition to having to make restitution.

The mortgage scheme took place during the real estate boom between August 2005 and January 2007, and included the submission of false financial information about down payments, monthly income and liquid assets.

Lezama took out mortgages on 11 houses in southeastern Virginia using an unidentified “straw buyer” and phony “gift letters”. Lezama used the proceeds of the mortgages for himself, and lived in one of the properties, a $790,000 home in Virginia Beach.

Financial institutions on the hook for the mortgages taken out by Lezama were never paid and many of the homes went into foreclosure. Lezama will be sentenced on February 23.

Virginia Beach police officer headed to jail after DUI hit and run conviction

faye@tavss.com;tavss@tavss.com (News Author)11317 — Tue, 17 Nov 2009 08:00:00 EST

The Virginia Beach policeman found guilty of driving under the influence and hit and run after an accident on the Virginia Beach Oceanfront this past June will not file an appeal. The officer, Bryan Womble, was convicted in Virginia Beach last month and is now headed to jail.

According to witnesses, Womble crashed into a car along the Virginia Beach Oceanfront and kept on driving. He claimed that he did not intend to flee the scene of the crash but was instead disoriented from being hit in the face by his vehicle’s airbag.

Fellow officers testified against Womble at his trial, stating that Womble’s BAC came in at 0.15 on a breathalyzer test administered at the scene and also that Womble smelled like alcohol and was swaying and slurring.

Prior to his arrest Womble was a lead member of a local DUI enforcement team and was best known as the officer who arrested NFL Hall of Famer Bruce Smith for drunk driving. Womble’s own DUI crash happened one month after Smith’s arrest, which was his third for driving under the influence.

As a result of his conviction Womble’s driver’s license will be suspended for 12 months, he will spend five days in jail, he’ll have to pay a $250 fine, and he will need to enroll in an alcohol safety awareness program.

Red light cameras in Virginia Beach declared a success

faye@tavss.com;tavss@tavss.com (News Author)11140 — Sat, 31 Oct 2009 08:00:00 EST

Officials in Virginia Beach were given the go-ahead to install red light cameras in intersections earlier this year, and recently released data has law enforcement officers declaring them a success.

The cameras were installed in March, and from March 13 to September 30 13,987 citations were issued to drivers who ran red lights.

According to officials, during this time period the Virginia Beach PhotoSafe Program resulted in a 69 percent drop in red light running incidents at intersections that were being monitored. Virginia Beach has approval to install a total of 20 camera systems at 13 Virginia Beach intersections. Eleven were installed over the last six months.

The success of the red light camera program from PHOTOSafe means that other Virginia cities will be seeing red light cameras in their intersections soon. The program is expected to expand to Chesapeake and Newport News next.

The goal of the program, according to the PHOTOSafe program coordinator, is not to reduce the number of red light runners. The goal is actually to reduce the number of deadly right-angle crashes, one of the most severe types of vehicle collisions.

Earlier this month a woman and her daughter were killed when the vehicle in which they were riding was hit by a driver who ran a red light. Officials hope that accidents like these will become less common as the red light cameras spread across Virginia Beach and into surrounding cities.

FBI reopening 23 year old Colonial Parkway criminal cold case

faye@tavss.com;tavss@tavss.com (News Author)11142 — Sat, 31 Oct 2009 08:00:00 EST

The families of the victims of the Colonial Parkway murders that started 23 years ago are getting renewed hope from the FBI. The FBI met with the families in Newport News, and stated that they were putting an agent in charge of the case to do a bottom-up review of all the known facts.

Eight people were murdered and two people were never found after a crime spree in York County on the Colonial Parkway. The families of the two victims who were never found are among those eager for answers in the case.

Keith Call and Cassandra Hailey went missing from the Colonial Parkway on April 10, 1988 while out on a date. Call’s parents have already passed away, but his surviving family members want to know what happened to him.

To help move the case forward, two medical examiners are going to help review records. Retired Virginia Chief Medical Examiner Dr. Marcella Fierro and current state medical examiner Dr. Leah Bush plan to review the medical records of all the Colonial Parkway murder victims.

Family members of the murder victims are calling for DNA testing by the FBI. Some in the law enforcement community are concerned that DNA testing was never performed in any of the murder cases.

Chesapeake car crash victims saved by good Samaritans

faye@tavss.com;tavss@tavss.com (News Author)10985 — Mon, 26 Oct 2009 08:00:00 EST

Interstate 664 near the Bowers Hill exit in Chesapeake, VA was the scene of a fiery car crash early last Friday morning.

According to witnesses, a 2009 Dodge Viper was traveling on I-664 at speeds over 100 miles per hour when the driver lost control, skidded off the interstate, crashed into a tree and burst into flames

A tractor-trailer driver who witnessed the accident stopped to help. He used his fire extinguisher to try and control the flames. Another driver stopped to help, and freed the driver of the Viper from the burning car.

The driver of the Viper was eventually freed from the flaming vehicle and the Viper’s passenger was rescued as well. Both men were taken to Sentara Norfolk General Hospital with burns and cuts.

The tractor-trailer driver was not injured in the rescue and left the accident scene. The other driver who stopped to help was taken to Chesapeake General Hospital and treated for minor cuts.

Police say that they plan to charge the driver of the Viper with reckless driving, and may add additional charges as the investigation progresses.

$4.3 million jury award for family after doctors fail to diagnose serious infection

faye@tavss.com;tavss@tavss.com (News Author)11000 — Mon, 26 Oct 2009 08:00:00 EST

The family of a girl whose enterovirus infection was not diagnosed until she suffered a variety of serious medical issues was awarded $4.3 million by a Florida jury. The verdict is long overdue for the family, who originally filed their lawsuit in 1996. A mistrial was declared in 2007, however the case went back to court this past August, leading to the recent jury award.

When baby Haylee Kroll was born in 1994, the doctors told her parents that the large bruises appearing on her body were nothing to worry about. By the time doctors finally figured out what was going on, she had suffered from jaundice, liver scarring and a blood clot in her brain.

A six-member Broward Circuit Court jury found two of the doctors in Haylee’s case guilty of medical malpractice, and determined that two other doctors were not liable. The hospital where Haylee was born, Coral Springs Medical Center, was not named in the suit.

The doctors, Sedigheh Zolfaghari and Jose Colindres, were accused of failing to recognize the seriousness of Haylee’s condition and failing to order blood and liver tests that would have revealed what was wrong with her.

Now 15 years old, Haylee Kroll suffers from lifelong disabilities, including vision problems, permanent cirrhosis of the liver and learning disabilities.

Mother and daughter killed in fatal two-car Virginia Beach crash

faye@tavss.com;tavss@tavss.com (News Author)10984 — Sun, 25 Oct 2009 08:00:00 EST

A woman and her daughter from Emporia were killed when the vehicle in which they were riding was struck by a vehicle running a red light. The woman’s husband, the driver of the car, survived the crash as did their 2-year old son.

The accident happened at the intersection of Dam Neck Road and Corporate Landing Parkway. Police believe that the other driver, a 57-year old woman in a 2006 Scion TC, ran a red light and hit the 2003 GMC Yukon in which the victims were riding.

The deceased woman, Tanya Woodruff Mise, 35, was not wearing a seatbelt when the accident happened and was thrown from the Yukon, which rolled several times as a result of the crash. Her 4-year old daughter, Lauren Makenzie Mise, was in her car seat when the crash happened and investigators are trying to determine how was thrown from the vehicle.

Mrs. Mise was transported to Sentara Virginia Beach General Hospital, where she died. Her daughter Lauren died at the scene of the crash. Mr. Mise and his 2-year old son were not injured in the crash.

The driver of the Scion suffered minor injuries in the accident. According to a police spokesperson the Virignia Beach Police Department’s Fatal Crash Team is investigating the incident and charges are pending.

Biggest Toyota Recall in History on its way

faye@tavss.com;tavss@tavss.com (News Author)10637 — Wed, 30 Sep 2009 08:00:00 EST

The Toyota Motor Company will be announcing its biggest recall in history due to floor mat issues. The recall was triggered after a tragic accident in San Diego recently left a man and his family dead. As a result 3.8 million cars have may be recalled in hopes that future accidents will be prevented.

The first report of problematic floor mats was reported in 2004 in Toyota’s hybrid Prius. Again in 2007, similar reports were made regarding the Toyota Camry and the company’s luxury Lexus ES 250. Since then there have been 102 incident reports and 13 crashes which have resulted in 17 injuries and five deaths.

Problems arise when the faulty floor mat interfere with the accelerator pedal, depressing the pedal and causing the vehicle to speed out of control.

The incident in San Diego involved a Lexus carrying four passengers. The floor mat jammed the accelerator pedal and the car crashed at speeds over 120 miles an hour. All four passengers including a California Highway Patrolman were killed in the accident.

The complete list of recalled vehicles includes: 2007-2010 Camry sedan, 2005-2010 Avalon sedan, 2004-2009 Prius hatchback, 2005-2010 Tacoma pickup, 2007-2010 Tundra pickup, 2007-2010 Lexus ES 250 sedan, 2006-2010 Lexus IS 250, and the IS 350 sedan.

The company is encouraging all Toyota and Lexus drivers to remove the drivers’ side floor mat and to not replace the mat until the car maker can produce an alternative.

Summit in DC Investigates Ways to Reduce Distracted Driving

faye@tavss.com;tavss@tavss.com (News Author)10642 — Wed, 30 Sep 2009 08:00:00 EST

The Department of Transportation held a two day Distracted Driving Summit to explore research on texting and using cell phones while driving. Transportation Secretary Ray Lahood labeled the distracted driving issue as a serious epidemic, citing figures from the National Highway Traffic Safety Administration. According to NHTSA data, 5,800 deaths and 515,000 injuries occurred last year from distracted driving.

Congress is considering legislation that would require states to pass laws against texting while driving or else they could potentially lose a portion of their federal highway funds, calling it the ALERT Drivers Act of 2009 (Avoiding Life-Endangering and Reckless Texting by Drivers Act).

18 states have already passed bans on texting while driving; though enforcing these bans prove difficult. Some reason that while these bans on texting and driving may help reduce accidents, it is up to the individual to make the right decision to remain attentive while driving. Skeptics argue that anyone involved in a collision knows that even while being attentive, things go awry on the road far more quickly than most drivers can react.

Proponents of a nationwide ban point to a recent Virginia Tech study found that operators of large trucks are 23 times more likely to be involved in an accident if they are texting, and all drivers are six times more likely to have an accident by simply reaching for a phone, CD, or IPod.

Settlement Reached in Navy Medical Center Malpractice Case

faye@tavss.com;tavss@tavss.com (News Author)10645 — Wed, 30 Sep 2009 08:00:00 EST

The federal government denies any medical negligence after a Virginia Beach woman died after routine surgery. Miriam Hadley passed away at age 43 in May 2006 at Portsmouth Navy Medical Center following a procedure to remove an infected boil. A federal magistrate judge awarded Hadley’s family $450,000 to settle the medical malpractice case. The federal government admitted no wrongdoing, simply stating that she died at the hospital.

The attorney on Hadley’s behalf, Robert E. Brown, stated that Hadley was a high risk patient previously diagnosed with diabetes as well as other medical issues. The anesthesiologist on the case failed to intubate Hadley post surgery while she was being moved from the operating room to the intensive care unit.

Experts agreed that she should have been fitted for a breathing tube, considering her preexisting conditions. Hadley was left without a breathing tube for 15 minutes before her airway became obstructed and she stopped breathing. She was resuscitated but did not wake up and was declared brain dead. Hadley died four days later.

Hadley’s husband and her college-age son were left behind. Hadley was also a therapeutic foster mother, providing a safe and stable home for four foster children who had challenging situations. Her son and husband will each receive $158,000, with the remaining settlement going towards fees and expenses for the case. Hadley’s community was devastated following the tragedy, and the church she volunteered in renamed its outreach center the Miriam Hadley Outreach Ministry.

Two Dead after I-644 Head on Collision

faye@tavss.com;tavss@tavss.com (News Author)10529 — Mon, 28 Sep 2009 08:00:00 EST

53 year old Thomas Cody Weeks of Portsmouth and 65 year old Amy Goodman of Suffolk died after a morning rush hour head on collision. Goodman was traveling southbound on I-664 when witnesses say her Chevrolet Cavalier began to weave and left the roadway.

Goodman was apparently driving home from where she worked in Hampton when the Cavalier veered off the highway, crossed the grass median, and collided into Thomas’ Chrysler PT Cruiser which was traveling north on the interstate. The accident took place near Dock Landing Road.

Sgt. Richard W. Walker of Virginia State Police stated that it seems Goodman made no attempt to avoid the accident. Witnesses said that there were no evasive moves or attempts to brake as Goodman veered off the road at a 45 degree angle into oncoming traffic.

The Cavalier struck the Cruiser left headlight to left headlight. Goodman was pronounced dead at the scene, and an autopsy is being performed to see if there were any existing medical conditions which may have caused the collision. Weeks was flown by Nightingale Air Ambulance to Sentara Norfolk General Hospital and died while undergoing surgery. There were no passengers in either vehicle.

The northbound lanes of I-664 were shut down for approximately four hours while state police and a crash reconstruction team investigated the massive traffic accident.

Two Separate Incidences of Police Cruisers Hit by Passing Motorists

faye@tavss.com;tavss@tavss.com (News Author)10530 — Mon, 28 Sep 2009 08:00:00 EST

Holiday weekends typically mark an increase in accidents, drunken driving incidents and other road hazards. This past Labor Day weekend, two Virginia State Police cruisers were struck on two separate occasions within one hour in Hampton. In these cases both troopers were outside of their cars and neither of them was injured, stated Virginia State police spokeswoman, Sgt. Michelle Cotton.

Trooper D.E.Jackson was stopped on the Mercury Boulevard ramp leading to 64 west investigating damage to a car that was involved in an accident. A 17 year old driver of a 1997 Jeep Wrangler traveling up the ramp crashed into the cruiser. The driver was charged with excessive speed.

Less than one hour later, Trooper W.T. Desper was walking back to his cruiser after issuing a ticket when he saw a 1997 Honda Accord hit his cruiser from behind. The driver, 21 year old Jason David Geise of Dumfries, suffered injuries in the crash and was taken to Riverside Regional Medical Center in Newport News. Charges are pending against Geise. Cotton reported that last year Desper had also received minor injuries while on motorcycle duty.

On average one state police officer or cruiser is injured or damaged each month from passing traffic. Cotton stated that these accidents usually occur due to driver distractions such as use of cell phones or GPS devices. State police are emphasizing education and enforcement of Virginia’s move-over law which is a primary offense subjecting violators to a possible one year in jail or a $2,500 fine.

Lifeguard truck hits beachgoer, sending victim to the hospital

faye@tavss.com;tavss@tavss.com (News Author)10202 — Mon, 31 Aug 2009 08:00:00 EST

A lifeguard truck struck a beachgoer on August 17, resulting in injuries that landed the victim in the hospital. The accident happened in Virginia Beach near 35^th Street around 5:45pm.

A lifeguard supervisor was driving a lifeguard truck when she accidentally struck the beachgoer. This is the first time that the company providing lifeguard services to Virginia Beach, Lifesaving Service, has had an incident like this in their 79 year long history.

Before the injured beachgoer was transported to the hospital he received medical treatment from the lifeguard who caused the accident, as the lifeguard is also a paramedic.

The lifeguard supervisor has been working for Lifesaving Service for 10 years and is still employed there even after the accident. The president of the company called the incident “an unfortunate accident”.

According to the Virginia Beach Police Department no police report was filed about the crash. The president of Lifesaving Service wished the injured man a speedy recovery.

Series of accidents claim 4 lives in Suffolk and Virginia Beach

faye@tavss.com;tavss@tavss.com (News Author)10203 — Mon, 31 Aug 2009 08:00:00 EST

A series of fatal accidents in Suffolk and Virginia Beach have taken the lives of four people and injured one other in mid-August.

A Sunday afternoon head-on crash between a pick-up truck and a sedan happened on Indian Trailroad near the intersection with Deerpath Road. Two people were killed in the collision and another person had to be taken to the hospital with critical injuries.

Police were unclear what caused the head-on crash, and it is not yet known if drugs, speed, or alcohol were factors. The two men, Shane Blair, 18, and Thomas Ashburn, 28, both of Suffolk, were pronounced dead at the scene of the crash.

The third victim was flown to Sentara Norfolk Hospital and was listed in critical condition. Police were not able to specify which victim was riding in which vehicle.

There were also two separate motorcycle accidents in Virginia Beach that claimed the lives of two men. The first victim, Scott Neill, 40, of Virginia Beach, lost control of his Harley Davidson motorcycle on Daimler Drive and crashed into a utility pole.

Neill was taken to Virginia Beach General Hospital after the being thrown from his motorcycle in the crash. According to police he was wearing a helmet at the time of the accident but did not survive and died at the hospital.

Another man, George Watts, 39, was killed when he struck a BMW 750 with his Suzuki Boulevard motorcycle. Watts was also wearing his helmet and was pronounced dead at the scene of the accident.

Will Virginia Beach carjacker get more time because of toddler?

faye@tavss.com;tavss@tavss.com (News Author)10204 — Mon, 31 Aug 2009 08:00:00 EST

A man facing charges of carjacking a van from outside of a 7-11 in Virginia Beach could face a longer sentence than normal because the van he took had a toddler inside. This is because some judges have been adding additional time to prison sentences if the crime occurs in the presence of a child.

State legislators appear to support this move, as the Virginia Criminal Sentencing Commission has requested data on how many crimes occur in front of children. If the data is compelling, lawmakers may changes sentencing guidelines for crimes witnessed by or involving children.

The Commission began the study after seeing an uptick in reports that judges were increasing prison sentences when prosecutors argued that the presence of a child should be taken into consideration. The study is believed to be the first of its kind in the entire United States.

So far only 11 jurisdictions have responded to the request for data, with some complaining that gathering this data is a strain on already limited resources. The commission plans to unveil updated results in Richmond September 21.

Third-time Chesapeake DUI offender caught at 4 times legal BAC limit

faye@tavss.com;tavss@tavss.com (News Author)10052 — Fri, 21 Aug 2009 08:00:00 EST

A woman is awaiting her sentence for DUI and maiming after a June 2008 accident on Route 58 in Chesapeake. The woman, Betty Faye Torres, was caught with a BAC of 0.34, more than 4 times the legal limit of 0.08.

The accident happened last summer when Torres crashed into a car pulled over on the side of the road. The other driver had pulled over to check his GPS when he was hit by Torres. Paramedics responding at the scene found that Torres’ car contained a number of empty small liquor bottles. Police also found a bottle of cognac in her car.

The jury in Torres’ trial ordered that she spend four years, 6 months in jail, however the judge set her free. She is allowed to be free on bond until her sentencing in November as long as she does not drive, drink, and if she adheres to a curfew.

According to court records, Torres has been caught drinking and driving twice before. The first time was on a Navy base, the second time was in Virginia Beach. This time she injured the driver and passenger of the stopped car when she crashed into them.

Recent U.S. Supreme Court ruling has lawmakers scrambling

faye@tavss.com;tavss@tavss.com (News Author)10035 — Thu, 20 Aug 2009 08:00:00 EST

In the past, if scientific DNA, drug, or breathalyzer test analysis was introduced in court, a sworn statement from the person who conducted the test was enough to validate its authenticity. All that changed after of a recent U.S. Supreme Court ruling.

After the ruling, the person who could testify to the accuracy of the analysis was required by many Virginia judges to be present in the courtroom when the evidence was presented. This was wreaking havoc in drunk driving cases especially, as there are only 3 people in all of Virginia who calibrate breathalyzers.

DUI charges against several individuals arrested for drunk driving were dropped or reduced when the individual who calibrated the breathalyzer was not able to be in court. Forensic scientists were also scrambling to meet the requirements of the recent ruling, backing up courts and postponing cases for months.

In response to the chaos the Virginia General Assembly recently voted to modify the new requirement. Lawmakers also added a timetable for defendants to challenge scientific evidence in their criminal case.

The chaos began after the U.S. Supreme Court ruled in the case of Melendez-Diaz v. Massachusetts that simply submitting paper evidence about intoxication, drug use, or DNA was not enough.

Now, prosecutors will be required to give defendants 28 days notice that they intend to use scientific analysis in the case. Defendants then have 14 days to object to the use of such analysis without a testifying witness.

First Pfizer lawsuit over Neurotonin suicide dropped

faye@tavss.com;tavss@tavss.com (News Author)9642 — Wed, 29 Jul 2009 08:00:00 EST

The family of a woman who killed herself while taking Pfizer’s epilepsy drug Neurotonin has dropped their lawsuit in the midst of the trial. The decision to drop the suit was apparently made after an anonymous donor offered to put money into a trust for the woman’s 10 year old daughter.

The woman, Susan Bulger, was taking Neurotonin to combat mood swings and arthritis pain when she killed herself. Pfizer lawyers argued that Bulger had a history of drug abuse and had tried to kill herself six times before she was successful.

Neurotonin is not labeled for treating mood swings or arthritis pain, but is often used that way by doctors prescribing it for off-label use. The Bulgers also contended that Pfizer did not warn the public that the drug could increase a patient’s risk of suicide until they were forced to do so by the government.

The Bulger’s dropped lawsuit isn’t the last that Pfizer will hear from families of patients who killed or tried to kill themselves while taking Neurotonin. This was the first of about 1,200 Neurotonin suits claiming that Pfizer should have warned patients and doctors that the drug could increase suicidal thoughts. The next Neurotonin case will begin in Boston federal court in March.

In 2004 the company’s Warner-Lambert unit paid $430 million to settle off-label Neurotonin marketing allegations made by the U.S. Justice Department.

Virginia Beach motorcyclist killed in Shore Drive crash

faye@tavss.com;tavss@tavss.com (News Author)9643 — Wed, 29 Jul 2009 08:00:00 EST

A motorcycle rider killed after he lost control of his motorcycle and crashed into a Ford Taurus has been identified by police as Matthew Mason, 24, of Bantry Lane in Virginia Beach.

Saturday morning Mason was speeding westbound in the 5700 block of Shore Drive on his Honda motorcycle when he lost control. Mason drove through a grassy road median, hit a ‘Welcome to Virginia’ sign, and ended up in the eastbound lanes of Shore Drive where he then hit the ’91 Taurus.

Mason was taken to a local hospital for treatment, but he died from injuries he sustained in the crash. According to police Mason was wearing a helmet at the time of the crash, but the accident was complicated by the high rate of speed he was traveling at.

The driver of the Taurus suffered minor injuries in the accident. Police are currently investigating whether or not alcohol was a factor in the crash.

Nationwide, motorcycle accidents account for 13% of all traffic fatalities and speeding motorcyclists are much more likely to be killed in a crash than car or truck drivers.

Virginia Beach Police Officer charged with DUI, hit and run

faye@tavss.com;tavss@tavss.com (News Author)9572 — Fri, 24 Jul 2009 08:00:00 EST

A Virginia Beach Police officer is in trouble with the law after hitting a car, leaving the scene of the accident, and later being stopped and found to be intoxicated. The officer, a member of the Virginia Beach Police Department’s Traffic Enforcement Team – a team that focuses its efforts on drunk drivers – was charged with misdemeanor hit-and-run and drunk driving.

The hit-and-run charge was added recently to the DUI charge filed June 20. The officer, Bryan K. Womble, 36, was driving a Mitsubishi off-duty in the early hours of Saturday morning when he crashed into a Dodge Neon at the intersection of 20^th Street and Pacific Avenue.

Instead of stopping, Womble continued driving and was stopped by an on-duty officer two blocks away. Womble was found to have a blood-alcohol level of 0.15, nearly twice Virginia’s legal limit of 0.08.

After his arrest he was charged with drunken driving and released on bond, but was not immediately charged with hit-and-run. According to the Chesapeake Commonwealth’s Attorney’s Office, this was because the amount of damage resulting from the accident had to be ascertain before a charge could be made.

Because the damage was estimated under $1,000, Womble was charged with a misdemeanor hit-and-run instead of felony hit-and-run. Until his trial, scheduled for July 27, Womble is on administrative duty. He faces up to a year in jail and a $2,500 fine if convicted.

State Senator seeking restitution for man wrongfully imprisoned for 22 years

faye@tavss.com;tavss@tavss.com (News Author)9574 — Fri, 24 Jul 2009 08:00:00 EST

A man wrongfully imprisoned on two charges of rape for almost 22 years has not received any financial assistance from the government, something that Virginia State Senator Kenneth Stolle wants to change.

The Norfolk man, Arthur Whitfield, 54, was charged with committing two rapes in 1981 and was released in 2004 only after DNA evidence proved that he was not guilty. Unfortunately for Whitfield, the way his case was handled once his innocence was proved left him without the customary state restitution.

People wrongfully incarcerated usually receive immediate transition assistance from Virginia to help them get back on their feet once they are found to be innocent. Whitfield’s lawyer maintains that Whitfield was eligible for $15,000 in assistance.

Whitfield was denied the assistance because of some unusual happenings in his case. He was released on parole immediately upon learning that DNA evidence had exonerated him, which circumvented the normal process for freeing wrongfully convicted prisoners.

That, combined with a complaint from one of the rape victims, delayed the governor’s pardon until April of this year. The Virginia Supreme Court decided that Whitfield was ineligible for transition assistance because of the circumstances surrounding his case.

Stolle is seeking $445,703 for Whitfield. If Stolle’s bill passed, Whitfield would receive $89,000 immediately with the rest over the next 25 years. Whitfield would also be eligible for $10,000 in tuition assistance for any Virginia community college.

Police pursuit of intoxicated Virginia Beach man leads to multiple criminal charges

faye@tavss.com;tavss@tavss.com (News Author)9576 — Fri, 24 Jul 2009 08:00:00 EST

A multiple-city car police chase ended in a crash, and a Virginia Beach man has been charged with a number of offenses including abduction and driving under the influence.

The man, Virginia Beach resident Danny Jo Hedrick, 43, was driving a Ford Explorer when police noticed that his vehicle had a defective tail light. An officer suspected that Hedrick was under the influence of alcohol when he ran over a concrete barrier while leaving a parking lot, disregarded a red light, then increased his driving speed.

A police officer tried but was unable to stop Hedrick, however at the intersection of Ohio Street and Chesapeake Drive Hedrick stopped the Explorer to let out a 32 year old male passenger. The man told police that he had just met Hedrick when he asked for a ride, and Hedrick would not let him out of the car.

According to the man Hedrick pointed a hand gun at him while he was in the car. Police ultimately caught Hedrick when he crashed his vehicle in Newport News at the I-64 Jefferson Avenue exit.

Hedrick is being held at the Newport News City Jail and has been charged with abduction, use of a firearm, possession of a firearm by a felon, felon habitual offender, felony evading, driving under the influence, and several additional traffic offenses.

Wrong way driver in Virginia Beach causes two accidents

faye@tavss.com;tavss@tavss.com (News Author)9156 — Thu, 25 Jun 2009 08:00:00 EST

In the early morning hours on Tuesday a man heading the wrong way in a 1992 Lexus along Interstate 264 caused two car crashes before being arrested for suspicion of drunk driving.

The man, 44 year old Cleveland N. Robertson, entered I-264 near Laskin Road and headed westbound on the eastbound lanes of the interstate. Frantic drivers called 911 to report his behavior, but it wasn’t enough to avoid two crashes.

Robertson first hit a Chevy Malibu containing three teenagers, two of which had to be taken to the emergency room to be treated for their injuries. Neither sustained life-threatening injury.

After hitting the Malibu, Robertson went on to crash head-on into a Virginia State Police car, slightly injuring the driver Trooper L.C. White. After hitting the police car Robertson continued on in his Lexus, but stopped about 100 yards from where he hit White.

White was able to approach Robertson’s car on foot and arrest him. Robertson was taken to Virginia Beach City Jail and charged with driving under the influence, two counts of felony hit and run and driving the wrong way.

Virginia motorcycle crash fatalities shoot up by 87 percent

faye@tavss.com;tavss@tavss.com (News Author)9149 — Thu, 25 Jun 2009 08:00:00 EST

Recently released statistics complied by the Virginia State Police (VSP) reveal that motorcycle fatalities jumped up by 87 percent in 2007, the last year for which data is available.

In an effort to stop the dramatic rise in accidents, the VSP are trying to educate motorcycle riders and raise awareness of motorcycle safety issues with other road users.

The VSP program “Ride Smart, Arrive Alive” consists of three overall objectives: education, enforcement, and roadway management. Education will target motorcycle rider behavior that contributes to crashes, enforcement will focus on getting motorcycle riders who don’t follow the law off the road, and roadway management will evaluate how aspects of roadway design can help reduce motorcycle crash fatalities.

The reason that the VSP program mainly targets motorcycle riders is because data shows that almost 70 percent of all motorcycle accidents are caused by the motorcycle rider. Riders are also their own worst enemy when it comes to safety, as 80 percent of all motorcycle crashes result in injury or death.

Motorcycle rider killed in crash on Shore Drive

faye@tavss.com;tavss@tavss.com (News Author)9135 — Wed, 24 Jun 2009 08:00:00 EST

According to Virginia Beach police an accident late Saturday night near the intersection of Shore Drive and Diamond Springs Road has left a motorcycle rider dead.

A police spokesperson said that the motorcycle rider, Jason Gregory Potts, 38, was traveling southbound on Shore Drive when he drove through a red light without stopping.

Potts lost control of his motorcycle as he drove through the light and hit a median. As a result of the accident he suffered severe trauma and was pronounced dead at the scene by an emergency rescue crew.

Police are investigating the accident to determine if Potts, a Virginia Beach resident, was under the influence of alcohol when he crashed.

Virginia Beach man charged in death of motorcycle rider

faye@tavss.com;tavss@tavss.com (News Author)9048 — Fri, 19 Jun 2009 08:00:00 EST

A Virginia Beach man accused of street racing has been charged with his role in the death of a motorcyclist in April. According to police, Christopher Ballard, 26, was charged with reckless racing involving a death.

The accident happened on Lynnhaven Parkway around 2:30am on April 27 when Ballard was allegedly racing a car alongside motorcyclist Joshua A. Schools, 24. During the race Schools lost control of his motorcycle, struck a curb, and was thrown from his bike.

According to investigators alcohol and excessive speed were factors in the crash. The investigation also revealed that Schools was racing Ballard moments before the crash occurred. Schools died at the scene of the accident.

A police spokesperson stated that Ballard is being held on $20,000 bond.

Newport News police officer pleads guilty to embezzlement

faye@tavss.com;tavss@tavss.com (News Author)8840 — Sun, 31 May 2009 08:00:00 EST

A Newport News police officer has pled guilty to a charge of felony embezzlement. The officer, Thomas D. Crouch, was accused of taking more than $5,400 from a Police Emerald Society of Tidewater account.

According to a summary of evidence submitted to the court, the account was used to hold fund-raising money. Crouch was the president of the society up until June of ’08. He admitted to taking the money, explaining that he was experiencing financial difficulties.

While Crouch has pled guilty, his sentencing hearing has been delayed for two years. Until the hearing Crouch must remain on good behavior, must not work in law enforcement, and must not attempt to obtain any law enforcement certifications.

If Crouch abides by the conditions of his plea agreement then the circuit judge will vacate the guilty finding on the felony charge. Instead, Crouch will be convicted of a misdemeanor which will come with a one-year suspended jail sentence.

However if Crouch does not abide by the conditions of his plea agreement, he will retain the felony conviction and will be sentenced by a judge.

Police arrest men responsible for over 40 Virginia Beach burglaries

faye@tavss.com;tavss@tavss.com (News Author)8804 — Thu, 28 May 2009 08:00:00 EST

Police have linked over forty commercial and real estate burglaries to two men. The burglaries occurred between October 11 and April 27 in residences in the Emerald Point section of Virginia Beach and in commercial locations in Hilltop, Great Neck, and Laskin Village.

The two men were recently charged by Virginia Beach Police in connection with the crimes. Virginia Beach resident Gregory Graham, 28, was arrested and charged with breaking and entering with the intent to commit a felony, grand larceny, and obtaining money by false pretenses. He was arrested on Tuesday.

The other man, Norfolk resident Cameron Allen, 20, was arrested the next day. Allen was charged with forging public records, two counts of breaking and entering with the intent to commit a felony, identity fraud to avoid arrest, and revocation of a suspended sentence.

According to Virginia Beach Police, the men are being held without bond in the Virginia Beach Correctional Facility. Investigations into the burglaries are ongoing.

Three vehicle crash closes I-664 in Chesapeake

faye@tavss.com;tavss@tavss.com (News Author)8791 — Thu, 28 May 2009 08:00:00 EST

Yesterday evening Chesapeake driver Marion Denson crossed the grassy median south on Interstate 664 and crashed head-on into a Honda Civic traveling north on I-664. The Civic then struck another vehicle traveling north on I-664, however the driver, Maggie Jones of Smithfield, was not injured in the crash.

According to Virginia State Police, Denson was thrown about inside her car and the driver of the Civic, Jacqueline Yarborough of Hampton was ejected from her vehicle.

Both women had to be airlifted to the hospital with critical injuries after the crash. Neither was wearing a seatbelt at the time of the collision.

Denson will be charged with reckless driving according to police, but was not under the influence of alcohol at the time of the incident.

As a result of the crash the I-664 northbound lanes were closed to traffic and slowly reopened several hours later according to the Virginia Department of Transportation.

Driver charged with DUI in pedestrian death

faye@tavss.com;tavss@tavss.com (News Author)8533 — Tue, 12 May 2009 08:00:00 EST

A man has been charged after hitting and killing a pedestrian with his car in April. The man, Brandon W. Meck, 25, of Virginia Beach has been charged with DUI and felony hit and run.

Meck was intoxicated when he hit the pedestrian with his Nissan Xterra last month. The pedestrian, David Paul Lucas, 57, was crossing Virginia Beach Boulevard near Great Neck Road when he was struck.

The auto accident was witnessed by a police officer stopped at a traffic light. After the collision, the officer rendered first aid to Lucas, however the Meck fled the scene. Another witness followed Meck and was able to provide police with his license plate number and the direction he was headed.

The pedestrian, a homeless man, was transported to a local hospital where he died from his injuries. Meck was stopped a short time after the accident about a mile away and was arrested.

Meck is currently being held without bond in the Virginia Beach Correctional Facility.

Virginia prescription drug patient data stolen by hackers

faye@tavss.com;tavss@tavss.com (News Author)8432 — Tue, 05 May 2009 08:00:00 EST

Prescription data maintained by the state of Virginia was allegedly stolen by hackers last week. The data, maintained on a website that can be accessed by pharmacists to track prescription drug abuse, is being ransomed for $10 million. The security breach was discovered by the state on April 30^th.

The hackers deleted over 8 million patient records and replaced the homepage of the Virginia Prescription Monitoring Program website with a ransom note. The note stated that the hackers had a backup copy of the data that they had encrypted, and the original had been deleted. The $10 million ransom would be in exchange for a password to the encrypted copy of the data.

The incident is being investigated by federal and state authorities, and the FBI is fielding all inquiries about the matter. The prescription drug website, in addition to other sites related to the Virginia Department of Health Professionals, is offline.

The Virginia health websites are expected to be offline until experts can confirm that all security holes have been plugged and that the data to which they allow access is safe and secure.

Suspect sought in Virginia Beach parking lot attack, robbery

faye@tavss.com;tavss@tavss.com (News Author)8381 — Thu, 30 Apr 2009 08:00:00 EST

A man was attacked and robbed in the 1300 block of Kempsville Road in Virginia Beach Sunday evening. According to Virginia Beach police, a white man approached the victim from behind as he was trying to get into his car.

The suspect demanded money and struck the victim several times. After a struggle the victim was able to escape. He ran into the back of the Kempsriver Shopping Center and asked store employees to call 911.

After the man escape police believe that the suspect stole money from the victim’s vehicle. The suspect was chased towards a Pizza Hut and KFC that were nearby, and then got into his silver Mitsubishi Eclipse. The Eclipse was being driven by a black male.

Virginia Beach Police as that anyone with information about this case call the Crime Line at 1-888-LOCK-U-UP.

Virginia Beach hit and run driver charged in pedestrian death

faye@tavss.com;tavss@tavss.com (News Author)8379 — Thu, 30 Apr 2009 08:00:00 EST

A pedestrian is dead after being hit by a driver in an SUV who fled the scene of the accident. The victim, who died the morning after the crash in the hospital, was in his 50s. His name is being withheld pending notification of his family.

According to police the accident happened on Virginia Beach Boulevard Thursday night when the driver, Brandon Wayne Meck of Virginia Beach, 25, hit a pedestrian illegally crossing at North Great Neck Road.

A police officer waiting at a stop light witnessed the accident, and immediately stopped to render aid to the injured pedestrian. Another witness followed Meck’s SUV as it fled the scene, and reported his license plate number and direction to police. Meck was pulled over near Lynnhaven Parkway and arrested.

Meck faces charges of drunken driving and felony hit and run. He was found to have a blood alcohol content (BAC) higher than 0.20, which is more than twice the legal limit in Virginia (0.08).

The accident is still under investigation and police may file additional charges.

Motorcycle rider killed in Norfolk car accident

faye@tavss.com;tavss@tavss.com (News Author)8335 — Tue, 28 Apr 2009 08:00:00 EST

A two-vehicle crash earlier this month claimed the life of a motorcyclist in Norfolk, VA. The rider, Christopher M. Gallagher, 33, was speeding on Ocean View Avenue when he hit an SUV making a left-hand turn. The SUV was traveling eastbound when the accident happened.

The accident occurred at the intersection of 17^th Bay Street and East Ocean View Avenue. Gallagher, studying to be a doctor in the Navy, was pronounced dead at the scene.

The investigation is ongoing and it is not yet known if charges will be filed. Police believe that the victim was speeding on his motorcycle, which contributed to the crash.

According to the NHTSA, failure to follow speed limits is often a factor in motorcycle accidents across the country.

Car's "little black box" may help in Portsmouth police shooting case

faye@tavss.com;tavss@tavss.com (News Author)8149 — Tue, 14 Apr 2009 08:00:00 EST

Two men in a 2009 Chevrolet Malibu were killed after an altercation with Portsmouth police last Thursday night. The incident occurred during an undercover drug investigation and both men died after being shot by police.

According to a Chesapeake Circuit Court search warrant affidavit, the victim driving the car, Demetrius D. Edens, 28, reversed into a police vehicle and then drove forward, hitting a Portsmouth police officer. Edens pinned the officer between his car and a second police car.

Police officers then shot and killed Edens and his passenger, Darren S. Wilson, 25. According to the Virginia State medical examiner’s office Edens died of multiple gunshot wounds to his neck and chest and Wilson died of a gunshot wound to the head.

The officer pinned between two vehicles was treated at a hospital and discharged. Chesapeake police investigating the incident seized the “black box” from the victim’s vehicle to aid in the investigation. Investigators hope information in the device will help with understanding what happened when the two men were killed.

Eleven Hampton University students, four others injured in VA I-64 crash

faye@tavss.com;tavss@tavss.com (News Author)8082 — Tue, 07 Apr 2009 08:00:00 EST

A six-vehicle chain reaction crash on I-64 resulted in 15 injured people, including 11 members of the Hampton University track team. The accident happened near Hampton at 10:45am Saturday morning about a mile west of exit 247 for Lee Hall.

All of the victims were taken to Mary Immaculate Hospital in Newport News. The injuries were not considered life-threatening.

As a result of the accident I-64 had to be shut down for over an hour. All lanes were not fully reopened until 12:30pm, contributing to heavy traffic in the area.

Several drivers were charged by Virginia State Police with contributing to the crash. Norfolk delivery truck driver Kenneth Briggs was charged with reckless driving. Van driver Aldrin Gray from Hampton was charged with following at an unsafe distance. Another van driver, Elizabeth Neher, from Falls Church, was also charged with following at an unsafe distance.

Norfolk parking garage site of car accident, homicide

faye@tavss.com;tavss@tavss.com (News Author)7894 — Thu, 26 Mar 2009 08:00:00 EST

The Waterside parking garage was the site of a second downtown homicide in three days. As a result of the Sunday morning killing, police are seeking a man on warrants charging him with the death. When police arrived on the scene early Sunday morning, they found two victims, one already dead. The second victim had to be taken to the hospital to treat his injuries.

The incident started after a minor car crash on the fourth floor of the parking garage. The ensuing escalation resulted in shots being fired when the two victims and three people in another vehicle confronted one another. The three people not injured in the incident were trying to leave the parking garage when police arrived, but only one was charged.

The suspect, Reginald E. Royals Jr., 24, of Virginia Beach, is accused of killing Juan Carlos Ovalle-Peralta, 26, of Chesapeake. The name of the other man injured in the incident has not been released. According to police, Royals was charged with murder, malicious wounding, and two counts of use or display of a firearm in the commission of a felony.

Royals’ photo has not been released as according to police he is still being used in lineups. Authorities do not want anybody to see his picture in media coverage of the event.

Virginia Beach bank robber uses umbrella to aid heist

faye@tavss.com;tavss@tavss.com (News Author)7782 — Wed, 18 Mar 2009 08:00:00 EST

Tuesday morning a Virginia Beach BB&T bank on Kempsville Road was robbed. Police are searching for information about the man who committed the crime, which happened around 9:50am. The robbery was unique in that the man was carrying a large, open black umbrella.

The man approached a bank teller, flashed a silver handgun, and demanded money. He was able to flee the bank on foot with an undisclosed amount of cash, and appeared to be headed towards Indian River Road.

A spokesman for Virginia Beach police, Adam Bernstein, described the perpetrator as a black male around 6 foot 1 inch tall and weighing about 150 to 180 pounds. He was wearing a baggy blue hooded jacket, black jeans, black gloves, and black sneakers. A black ski mask covered his face and he was armed with a silver handgun.

Virginia Beach Crime Solvers would like to hear from anyone with information connected to this robbery. They can be reached at 1-888-LOCK-U-UP (1-888-562-5887).

Loss of Virginia Beach Doctor's license highlights issues at Virginia Board of Medicine

faye@tavss.com;tavss@tavss.com (News Author)7777 — Wed, 18 Mar 2009 08:00:00 EST

Stephen Plotnick, a Virginia Beach doctor, had his license suspended in August 2008 after at least five of his patients' deaths were linked to prescription medication he had prescribed. The suspension came too late for some families of the victims, who believe the Board of Medicine took far too long to take action.

The first complaint about Dr. Plotnick to the Virginia Board of Medicine came in February 2004, filed by Patricia Laird, sister of a patient of Plotnick. Laird was concerned that Plotnick was prescribing too many powerful narcotics for her brother, William Jeffcoat, and was not adequately monitoring his progress.

An investigation by the Virginia Pilot newspaper turned up ten patients of Dr. Plotnick who all died since 2004. The paper argued that the length of time it took the Board to take action against Plotnick indicates serious problems with the way the Board oversees doctors in Virginia. The Pilot suggested that Virginia lawmakers reconsider calling for the Joint Legislative Audit and Review Commission (JLARC) to review the Board’s progress.

Man hit by Virginia Beach resident in car accident dies

faye@tavss.com;tavss@tavss.com (News Author)7776 — Wed, 18 Mar 2009 08:00:00 EST

A 71 year old man from Capron, VA died from injuries sustained in a car accident in Southampton County. The car he was driving was struck by a Virginia Beach resident, James Eugene Suite, 28, who was driving a Ford van towing a trailer. The accident occurred at the intersection of U.S. Route 58 and Virginia Route 609.

The deceased victim, Alfred Gray, pulled out onto westbound Rt. 58 and was struck by Suite. Suite tried to avoid hitting Gray, which caused his van to overturn. Three of the five people riding in Suite’s van were taken to the hospital along with the Gray.

Gray died from his injuries while at the hospital. None of the occupants of the van that hit Gray’s vehicle was seriously injured. No charges will be filed against Suite because he had the right of way. Alcohol was not a factor in the accident.

Serious injuries in Norfolk bus and car accident

faye@tavss.com;tavss@tavss.com (News Author)7612 — Wed, 04 Mar 2009 08:00:00 EST

An accident between a Hampton Roads Transit (HRT) bus and two other vehicles on East Virginia Beach Boulevard has resulted in serious injuries for one motorist and non-life threatening injuries for others. On the afternoon of March 3^rd, the HRT bus was making a left turn from Virginia Beach Blvd into the Gallery at Military Circle when it was hit by a Dodge minivan.

Upon impact, the minivan flipped over and struck a silver Toyota 2 door sedan then came to rest on its roof. The driver of the minivan was taken to a local hospital with serious injuries. Four other individuals were also taken to the hospital with non-life-threatening injuries.

According to a Norfolk police spokesperson, the incident is still under investigation. No charges have yet been filed.

Safety of Virginia truckers in question after proposal by VDOT to close rest stops

faye@tavss.com;tavss@tavss.com (News Author)7520 — Thu, 26 Feb 2009 08:00:00 EST

Virginia’s transportation budget shortfall will likely claim another victim: Virginia rest areas. Officials have proposed closing 25 of the state’s 51 rest areas in order to save around $12 million in annual maintenance costs.

The proposal, which will be voted on in June by the Commonwealth Transportation Board, would mean that truck drivers traveling through Virginia would lose 412 of the currently available 770 rest area parking spaces.

Safety advocates and truckers are concerned that this could mean tractor trailer drivers will be unable to find a safe place to rest after dark. With many major truck stops filling up quickly at night, rest areas are often the only place that drivers can find to stop when they are tired.

Eliminating so many parking spaces and so many rest areas could result in truck drivers pushing themselves to drive when they are fatigued because they cannot find anywhere safe and legal to park. Public meetings on this proposal will be held in March.

Bank robbing no longer a crime only popular with men

faye@tavss.com;tavss@tavss.com (News Author)7450 — Fri, 20 Feb 2009 08:00:00 EST

Bank robbing is traditionally considered a crime associated with men; women bank robbers are rarely heard of. However, with today’s rough economy, that might be changing.

Nationwide, bank robberies by women are up 25% from 2002. These days 6.2% of bank robberies are committed by women. Law enforcement officers claim that the motivations for female bank robbers differ than the motivations for men. Women tend to be more pragmatic, planning their heists with great care and taking extensive notes.

In addition, women tend to resort to bank robbery as a way to pay bills or get a little extra money. Men, on the other hand, tend to rob banks for the thrill, or to get money for a drug or gambling addiction.

Regardless of the reason for robbing banks, it is a risky business. Since the FBI gets involved in bank robberies, about 75% of all bank robbers are eventually caught. Prison sentences for such robberies can be up to 26 years.

US forensic crime labs unreliable, need major overhaul

faye@tavss.com;tavss@tavss.com (News Author)7434 — Wed, 18 Feb 2009 08:00:00 EST

According to the National Research Council, U.S. forensic crime labs are producing unreliable evidence and are in need of major reform. A NRC committee stated that fingerprints, hair analysis, shoe print analysis, toolmarks, and toxicology all have issues and can be questioned. The only type of testing with any reliability is DNA analysis.

Except for nuclear DNA analysis, no other forensic method has been able to consistently connect evidence with a specific individual or source.

The NRC panel found that some crime labs have actually falsified evidence in order to secure convictions. Other labs are struggling to keep up with workloads because of staff shortages in the face of an increasing number of cases.

The committee agreed that the best way to overhaul the nation’s crime labs would be to establish an independent National Institute of Forensic Science. This institute would be charged with performing research to improve forensic methods and it would also oversee education standards for lab employees.

The NRC report was commissioned by Congress, and the results will leave everyone involved in crime scene investigation – including victims and perpetrators – leery of forensic findings.

Bill that would ban driving while texting to go before Virginia State Senate

faye@tavss.com;tavss@tavss.com (News Author)7431 — Wed, 18 Feb 2009 08:00:00 EST

A bill that would ban texting while driving will be heard before the Virginia State Senate this week. It has already been approved by the Virginia House of Delegates, and if approved would apply to drivers of all ages.

The current text of the bill, House Bill 1876, reads, “Prohibits operation of a motor vehicle, on the highways in the Commonwealth while using any handheld personal communications device to manually enter multiple letters or text or to read a text message. This bill provides exemptions for the use of global positioning systems (GPS) and using a wireless telecommunications device to report an emergency. The provisions of this bill do not apply to operators of emergency vehicles.”

Sending text messaging while driving is considered a dangerous distraction that contributes to traffic accidents every day on Virginia roads and highways. Texting while is just one form of distracted driving, which is believed to be responsible for up to 80% of auto accidents.

Lawmakers believe that the number of serious accidents and roadway fatalities will go down if texting while driving is banned in Virginia. The bill is fully supported by AAA MidAtlantic.

Virginia Beach carjacking hoax used in attempt to steal Lexus

faye@tavss.com;tavss@tavss.com (News Author)7283 — Thu, 05 Feb 2009 08:00:00 EST

A luxury car dealer in Virginia Beach was the target of three young men who tried to stage a carjacking. The ruse was an attempt to steal a 2004 Lexus ES300 from Central 1 Auto Brokers.

Three suspects agreed to arrange a test drive at the dealership, but instead of returning the car they would report that it had been stolen in a carjacking. A police investigation of the incident revealed that the carjacking was a scam, however the stolen vehicle is still missing.

The missing vehicle is believed to be in the possession of a fourth suspect, and the car is described as a gold or silver Lexus ES300 four-door sedan with 20-inch chrome wheels. The fourth suspect drives a green Cadillac and is described as a 6ft tall black male around 18 to 21 years old with a medium build, short hair, and a moustache.

The three suspects were arrested and released on bond. Norfolk resident Justin M. Brown, 18, was charged with obtaining money by false pretenses, conspiring to commit a felony, and obstruction of justice. Virginia Beach resident Michael L. Owens, 20, was charged with obstruction of justice. Another Virginia Beach resident, James Matthew Carrier, 19, was charged with obstruction of justice and conspiracy to commit a felony.

Dominion Virginia Power Sues Truck Driver Over Power Outage

faye@tavss.com;tavss@tavss.com (News Author)7190 — Thu, 29 Jan 2009 08:00:00 EST

In 2005 a tractor trailer accident resulted in a power outage when the driver hit a distribution pole guy wire belonging to Dominion Virginia Power near Port Nofolk, Virginia. Dominion claims that the outage damaged the company’s distribution facilities on Chautauqua Avenue and at transmission systems elsewhere.

The driver of the truck, Edward L. Knight, could not be reached for comment and is being sued by Dominion for over $250,000 in a suit filed on January 12, 2009. A Dominion spokesman claims that the company suffers many losses from accidents like these, and it is standard practice for them to try to recover their losses from those at fault.

According to Dominion’s spokesperson, they are only trying to restore their system to its original state.

Virginia Beach traffic stop leads to 5 felony convictions for man

faye@tavss.com;tavss@tavss.com (News Author)7189 — Thu, 29 Jan 2009 08:00:00 EST

According to the U.S. Attorney's Office of Eastern Virginia, his week a man from El Salvador was found guilty in a two-day bench trial of five felony charges stemming from false statements he made on employment eligibility verification forms.

The man, Josue Osmaro Garcia-Ochoa, was investigated after the routine traffic stop of an illegal alien. A Virginia Beach police officer noticed that the illegal alien had a business card belonging to Garcia-Ochoa, 33, leading officials to investigate further.

Garcia-Ochoa, born in San Salvador, was legally in the U.S. in Temporary Protected Status, and was found to have made false statements to three different construction companies. The false statements misrepresented his status as a temporary protected alien, as he twice claimed to be a U.S. citizen and another time claimed to be a lawful permanent resident.

At each construction company, one in Chesapeake and two in Virginia Beach, Garcia-Ochoa presented documentation that concealed his true status. He will be sentenced on May 19 and could face five years in prison for each count.

Tasered woman sues Norfolk VA police officer for $5 million

faye@tavss.com;tavss@tavss.com (News Author)7013 — Fri, 16 Jan 2009 08:00:00 EST

A woman hula-huping on a city median is suing a Norfolk Virginia police officer after he tasered her for failing to comply with his instructions. Pamela Brown claims that she suffered a brain injury when hit by a truck in 1977, which she claims prevented her from following the officer’s instructions.

An attorney for accused Officer Nicholas Parks, 49, stated that Parks was unaware that Brown had a disability. In her lawsuit Brown claims that the officer used excessive force, committed assault and battery, and violated her civil rights. She is asking for $5 million in damages.

The Taser gun used by Officer Parks was equipped with a camera, which captured footage of the incident. In the video, Parks first stunned Brown after she swore, then stunned her two more times as she lay on the ground.

Additional Taser training has been provided to Norfolk police following this incident.

Man shot by Virginia State Trooper as he drives into police cars

faye@tavss.com;tavss@tavss.com (News Author)6997 — Wed, 14 Jan 2009 08:00:00 EST

A Virginia State Trooper shot and killed a Patrick County man who struck two police cars. The trooper and three Floyd County sheriff deputies were responding to a call about a domestic disturbance at the home of the dead man’s mother and stepfather.

33-year-old Vincent James Lumia III was shot and killed by the 27 year state police veteran after driving his car towards approaching deputies and hitting their cars.

State Police Sergeant Rob Carpentieri said Tuesday that the shooting occurred Monday night as the trooper and three Floyd County sheriff's deputies responded to a disturbance call at a home near Check. He says the home belongs to the man's mother and stepfather.

The trooper was placed on leave. An investigation is underway and is being handled by the Salem Office of the Virginia State Police, Bureau of Criminal Investigation, with assistance from the Floyd County Sheriff's Office.

Funerals planned for I-64 Tidewater Drive death of two in auto crash

faye@tavss.com;tavss@tavss.com (News Author)6941 — Fri, 09 Jan 2009 08:00:00 EST

Funerals have been planned for an 18 year old woman and a 20 year old man who were killed in a single-vehicle crash on I-64 near Tidewater Drive. The driver of the Acura car lost control, ran off the right side of the highway and hit a tree.

Investigators do not believe that alcohol was a factor in the crash, and could not determine if either victim was wearing a seatbelt at the time of impact. It is not known why the driver lost control of the vehicle.

Jimmy Arness Roberson Jr., 20, and Breanne Candera Mahon, 18, were friends and cheerleaders who will be missed by their hometown friends and family as well as their colleges. Both Roberson and Mahon will be buried in Virginia.

Motorcyclist Injured in Alleged Drunk Driving Accident

faye@tavss.com;tavss@tavss.com (News Author)6767 — Mon, 22 Dec 2008 08:00:00 EST

Warren Weaver, a 31-year-old mechanic with Moto Virginia Vespa/KTM, injured his foot when an alleged drunken driver collided into his motorcycle. His foot was pierced with a peg and all five toes were broken. His motorcycle was tossed into a pasture and Weaver was thrown into a ditch. His foot is now bandaged and braced. All he wants for Christmas is a good left foot.

“I remember getting ready for the ride, putting on my jacket and gear, and that’s about it. I really don’t remember much until they released me from the hospital a few days later,” Weaver said during his interview with the reporter, while he relaxed in the backroom of Moto Virginia Vespa/KTM on Preston Avenue, where he is employed.

The information Weaver has about his November accident came from police reports and second-hand news. After he was hit, he was transported to Rockingham Memorial Hospital and later taken by helicopter to the University of Virginia Medical Center to treat his concussion. Weaver was in an altered state of consciousness.

According to Weaver, he was never unconscious, but he wasn’t making sense. He does remember that his protective gear saved his life during the motorcycle crash. Weaver is an experienced off-road, on-road and over-the-road motorcyclist and was wearing his jacket that had elbow, shoulder and back protection, knee guards, gloves, boots, a kidney belt and a full-face helmet.

Weaver has had to take antibiotics as his toes heal, he has had surgery and extensive medical attention. In addition, he will most likely have to endure skin grafts to close the hole in his foot.

Throughout his entire ordeal, Weaver has kept a positive attitude. He said that he doesn’t want to focus on anything negative about the other driver. Weaver also said that he was going to be fine, it was just his foot that was injured.

Police Looking for Drunk Drivers Over the Holiday Season

faye@tavss.com;tavss@tavss.com (News Author)6736 — Fri, 19 Dec 2008 08:00:00 EST

In Amherst County, deputies are patrolling for impaired drivers during the holiday season and a checkpoint is planned soon for the county.

Seven people were arrested by deputies on suspicion of drunken driving on the weekend of December 6 and December 7. According to Amherst sheriff’s Lt. Greg Turner, the arrests were an unusually high number.

Deputies were working under the auspices of the Central Virginia Highway Traffic Safety Board this last weekend, which is a consortium of law enforcement agencies Lynchburg and Amherst, Bedford, Campbell, Charlotte, Pittsylvania and Prince Edward counties.

Thirty-two police officers from nine law enforcement departments were scheduled last Saturday night to staff a checkpoint on U.S. 29 in Campbell County. Amherst deputies have also been working with the Lynchburg Police Department to perform checkpoints to catch drunk drivers. They will be asking for motorists’ driver’s licenses and determining if they have been drinking.

According to Turner, Amherst deputies will be working over the New Year’s weekend to detect and stop impaired drivers.

Virginia State Police will also be increasing enforcement during this holiday season. During two days in November, a state police enforcement discovered 21 suspected drunken drivers on Interstate 81 and Interstate 95.

In 2007, there were 11,215 alcohol-related accidents in Virginia. As a result, 7,130 people were injured and 378 died. That same year, there were 28,787 DUI convictions. The average blood alcohol concentration (BAC) was 0.1407 among the drivers. Virginia has strict penalties for those who are found guilty of DUI or DWI. According to Virginia Department of Motor Vehicles, Legislation passed by the Virginia General Assembly, effective July 1, 1982, changed the law concerning DUI charges. Those people found guilty
and convicted of DUI could not have their charges reduced -- regardless of whether they were referred or not referred to VASAP, it remained on their records.”

Motorcycle accident claims 25th Navy sailor as victim

faye@tavss.com;tavss@tavss.com (News Author)5535 — Fri, 12 Dec 2008 08:00:00 EST

A sailor who had been in uniform for about six months was killed early Saturday morning in a motorcycle accident in Newport News, Va.

Aviation Boatswain’s Mate Airman Recruit Richard Thomas Harper, 23, had been in the Navy since February.

According to Naval Air Forces Atlantic, Harper was assigned to the aircraft carrier George H.W. Bush’s pre-commissioning unit. He was from Warrenton, Ga.

Harper was killed when his motorcycle hit a jersey barrier on an exit ramp into Newport News, according to AirLant. He is the 25th sailor to die in a motorcycle accident since the fiscal year began in October, along with 23 Marines and some 45 soldiers.

Citing the dangerous nature of today’s superfast sport bikes, Navy officials have lately been emphasizing rider safety. For sailors who ride high-performance sport bikes, an extra course of riding instruction was recently mandated.

Harper’s death follows the weekend arrest of 13 motorcyclists in Alabama who were clocked at over 140 mph on Interstate 10 on the Bayway across Mobile Bay. Seven were active-duty airmen and two were sailors.

Federal jury reaches decision in Norfolk gang trial

faye@tavss.com;tavss@tavss.com (News Author)5815 — Fri, 12 Dec 2008 08:00:00 EST

After days of deliberation, a federal jury has reached a guilty verdict in the trial of two alleged gang leaders.

As leaders of the Bounty Hunter Bloods, Mikal Mix and Gary Toliver were accused of several crimes including kidnappings, carjackings and home invasions.

Prosecutors say this verdict will take two extremely dangerous gang leaders off the streets for a very long time.

Gary Toliver, aka BG, and Mikal Mix, aka Stash, have just been found guilty of a long list of federal charges related to their roles as heads of the vicious Norfolk gang, the Bounty Hunter Bloods.

The charges range from assault and racketeering, to kidnapping and heavy duty drug dealing.

Hand Model Sues Kmart, Martha Stewart for Defective Product

faye@tavss.com;tavss@tavss.com (News Author)6409 — Thu, 11 Dec 2008 08:00:00 EST

A man is suing Kmart Corp. and Martha Stewart Living after he injured his finger on a lounge chair. The man, who is a hand model, magician and actor, claims that a Martha Stewart-branded lounge chair injured his finger and affected his livelihood.

In the lawsuit that Patrick Albanese filed, he said that he was moving a Martha Stewart Everyday loung chair on a deck in June when the front tubular legs collapsed, which crushed his right index finger between one of the chair legs and a tubular bar on the base of the chair. His fingertip fell beneath the deck and was later found by a relative. According to Albanese’s attorney, Guy Cook, the fingertip was later re-attached by a surgeon.

Albanese is pursing damages for past and future medical expenses, physical and mental pain and suffering, permanent partial disfigurement and loss of earning capacity.

The lawsuit, which was filed in Polk County District Court in Iowa, claims that Kmart and Martha Stewart Living were negligent in failing to issue a warning that the lounge chair was defective, for failing to inspect the lounge chair and for improper design. Albanese’s lawsuit also alleges that the lounge chair was not sellable because it was a defective product.

No comment was given from representatives of Kmart and Martha Stewart Living.

Cook said that even though the injury had not ended Albanese’s work as a hand model, it has impacted it during his recovery. The attorney also said that the injury has had a bigger affect on Albanese’s work as a magician. Albanese had once served as the master of ceremonies for Hollywood’s Magic Castle for 15 years. He still has some sensation in his fingertip, but has decreased function.

According to Cook, “(Patrick Albanese) is a very accomplished musician and as part of his work, he does various slight-of-hand tricks.”

Cook said that Albanese’s injury has affected his ability to play the banjo, which he incorporates into his act.

High-Speed Chase Pursuit Ends in Semi Crash

faye@tavss.com;tavss@tavss.com (News Author)6623 — Thu, 11 Dec 2008 08:00:00 EST

A tractor-trailer led police on a high speed chase through Maryland and Virginia before it eventually crashed.

The semi-truck crashed near Tysons Corner Center the afternoon of Tuesday, December 9, 2008, which ended a high speed police pursuit that started on Interstate 270 in Montgomery County, Maryland.

The driver of the semi was Vernon Edward Jones, a Baltimore assault and attempted murder suspect. He was removed from the cab of the truck and taken into custody by Virginia State Police, according to a report from Maryland State Police.

Police began to pursue the suspect at a scale house in Hyattstown where the semi was going through a commercial vehicle inspection with a Maryland State Police cadet, said spokeswoman Elena Russo.

“When they were trying to run his information, he apparently gave a false Social Security number and one of the troopers figured out he was giving this false information and was able to figure out that he was wanted,” said Russo.

Jones, who was wanted on a 15-year-old warrant for an assault with intent to murder charge, got back into his semi truck and tried to flee from the officers, police said.

Maryland State Police called for assistance from the Montgomery County police department while the truck drove through the county. Jones, 36, would not stop for police and continued driving after police used stop sticks, which deflated his tires. Virginia State Police joined the high speed pursuit when Jones’ truck entered Virginia.

Jones drove the truck off the highway near Tysons Corner and smashed into a row of trees next to the road, near a Harris Teeter. He gave up following the crash, but would not get out of the truck’s cab. Police had to use a stun gun on Jones and were able to take him into custody.

Jones was evaluated by medical personnel at the crash scene, but it was determined that he was not injured.

According to police, Jones lives in Randallstown, Maryland and is a driver for a South Carolina trucking company.

New Study Brings Concerns Over Taser Safety

faye@tavss.com;tavss@tavss.com (News Author)6585 — Sat, 06 Dec 2008 08:00:00 EST

According to a new study conducted by National Technical Systems (NTS), based in Calabasas, California, it has been found that the Taser stun guns most commonly used by police officers can fire more electricity than what the company says is possible. Researchers say that this increased electric shock can potentially raise the risk of cardiac arrest as much as 50 percent in some people.

This study also found that even stun guns firing at the intended electrical levels create some risk of inducing a heart attack, depending on the circumstances. The findings of this study are in direct conflict with Taser International Inc.’s position that electric shocks from the stun guns cannot cause death. According to the study, the results raise concerns about the quality control in the stun gun’s manufacturing and decline in performance over time.

National Technical Systems was hired by the Canadian Broadcasting Corporation. Biomedical engineer Pierre Savard at the University of Montreal, developed the testing procedure based on Taser International’s specifications and stated that he found the results to be troublesome.

Researchers tested 41 x26 Taser stun guns from seven U.S. police departments. During the tests, each stun gun was fired six times and “four delivered significantly more current than Taser International said was possible.” All of the stun guns used in the study were manufactured before 2005.

"When you combine an increased current intensity with a dart that falls right over the heart for somebody who has cardiovascular disease or other conditions such as using drugs, for example, it can all add up to a fatal issue," said Savard.

Taser International, based in Scottsdale, Arizona, called the study flawed and said that it “intends to contact NTS to suggest that the tests be repeated to verify the results.”

Design and manufacturing issues have come up in the past regarding Taser’s stun guns. There was a shareholder lawsuit against Taser International in 2005, where design flaws and manufacturing problems were key elements. The lawsuit claimed that faulty quality control and unstable circuit boards led to massive returns of Taser stun guns. A settlement was reached for this lawsuit for $21 million.

Police Brief in Stafford

faye@tavss.com;tavss@tavss.com (News Author)6565 — Fri, 05 Dec 2008 08:00:00 EST

Stafford County Motorcycle Driver Killed

A man from Stafford County was killed on a Sunday afternoon, just one hour after he crashed his motorcycle in Orange County.

Luis A. Villarreal, a 23-year-old man, was driving his Kawasaki motorcycle on State Route 231 when he veered off to the right side of the road in a curve and then slammed into a tree at approximately 12:55 PM, according to state police Sgt. F.L. Tyler. He was transported to U.Va. Medical Center where he was later pronounced dead at approximately 2:00 PM, said the state police spokesman.

Based on initial investigation, the roads were dry when Villarreal crashed his motorcycle just one mile from State Route 679. Villarreal was wearing his helmet at the time of the accident. Tyler believes that speed could have been a factor in the motorcycle accident, which is currently under investigation by Trooper S.T. Melson.

Robbery of Stafford Home

A Stafford resident pulled into her driveway shortly after two men had broken into her home. According to Sheriff’s spokesman Bill Kennedy, the woman arrived in the 1700 block of Courthouse Road at 9:39 AM and discovered a large pickup truck in the driveway, which was occupied by two men. She honked her horn at the truck and the driver pulled the truck around her and fled the area. The woman found that her home had been broken into and some items were stolen.

The robbery suspects were described as two large African American men wearing dark clothing. They were driving a red or maroon newer model pickup truck.

17 Vehicles Robbed

Robbers stole items from at least 17 vehicles in two Stafford subdivisions recently. Sheriff’s spokesman Bill Kennedy stated that the thefts took place in Greenridge and Summerwood subdivisions. Stolen items included wallets, radio systems, GPS systems and other items, which were taken from unlocked vehicles.

Woman Faces Criminal Charges in Rockingham County & Bridgewater Man Accused of Drunken Driving

faye@tavss.com;tavss@tavss.com (News Author)6463 — Tue, 25 Nov 2008 08:00:00 EST

A woman was indicted this week on four additional charges relating to an alleged case of a sexual relationship with a 14-year-old Bridgewater girl. The woman was charged four months ago with several felonies.

Last Monday, a Rockingham County grand jury indicted Alisha Nicole Smith, 20, of Brandywine, West Virginia, on three felony counts of possession of child pornography, one felony count of using an electronic device to obtain child pornography and one felony indecent liberties charge. These counts are in addition to the charges on July 11 of three felonies including, carnal knowledge of a child, crimes against nature and taking indecent liberties. Smith was also charged at that time with a misdemeanor of causing or encouraging acts rendering children delinquent or abused.

When Smith was initially charged, prosecutors stated that additional charges could be filed at a later time, based on the outcome of forensic work on Smith’s cell phone.

According to Rockingham County Assistant Commonwealth’s Attorney Clark Ritchie, the investigation started after a family member of the alleged victim found out about the relationship and notified the girl’s parents.

In an affidavit for a search warrant of Smith’s cell phone, a deputy stated that the girl reported she had taken a nude photograph of herself and sent it to Smith’s cell phone. The teen girl told deputies that sending inappropriate photographs was “a normal part of their relationship.” After searching Smith’s phone, deputies discovered nude photos of the 14-year-old.

Also last Monday, a man from Bridgewater was accused of drunken driving and hitting almost a half-dozen cars along Virginia Avenue in September. The grand jury indicted Nathon Knight, 27, on felony charges of hit-and-run and driving-under-the-influence.

This could be Knight’s fourth conviction on that offense, which carries a maximum jail sentence of 5 years and a minimum mandatory sentence of one year. His court records indicate that Knight was convicted of two DUI’s in 2000 and one in 2006.

Woman Dies in Skydiving Accident

faye@tavss.com;tavss@tavss.com (News Author)6288 — Mon, 10 Nov 2008 08:00:00 EST

A woman from Lynchburg died last week from her injuries resulting in a skydiving accident at the Orange County Airport, according to Virginia State Police.

This accident was the second skydiving death at the Orange County Airport south of Culpeper in less than two months. April Haag, a 40-year-old woman, was tandem jumping with licensed parachutist, 44-year-old Douglas Zebley of Virginia Beach at the time of the accident. According to Virginia State Police spokesman Sgt. Les Tyler, the skydiving jump took place around noon on Saturday, November 1, 2008.

Tyler stated that the skydiving couple experienced a “hard landing,” but he would not elaborate about the exact cause of the skydiving accident, which is currently under investigation. Haag and Zebley were transported by air to the University of Virginia Medical Center, where Haag died of her injuries on Sunday, November 2, 2008, said Tyler.

Zebley was reported in fair condition by a nursing supervisor at the University of Virginia Medical Center on Tuesday evening.

Haag’s obituary states that she was an active member of Heritage Baptist Church and was retired from the Lynchburg Juvenile Detention Center, where she worked for more than 14 years. Funeral services were held at Heritage Baptist Church and visitation for family and friends was at Whitten Timberlake Chapel.

Another skydiving accident took place on September 22, 2008 when a man from Ruckersville was killed due to his injuries from a group parachute jump. According to Virginia State Police, the Ruckersville man’s parachute became entangled with another skydiver’s, which sent the two freefalling through the sky.

Patients Say Some Hospital Care is Inadequate

faye@tavss.com;tavss@tavss.com (News Author)6228 — Mon, 03 Nov 2008 08:00:00 EST

Researchers have reported that although most patients are satisfied with their hospital care, many hospitals have fallen short in areas, such as pain control and communication.

The authors of the report reviewed data that was collected by the federal government in a continuous survey of patients at all hospitals that receive payments from Medicare. The responses included communication with physicians and nurses about medication and quality of nursing services, discharge information and pain management.

Lead author Ashish Jha, assistant professor of health policy at the Harvard School of Public Health, was quoted as saying, "These data really represent a sea change. We've been talking about (health care) quality for 20 years, but patients' experiences have not been part of the discussion."

The majority of patients that were studied were satisfied with the care they received while at the hospital. According to the report, 63 percent of respondents gave a rating of 9 or 10, on a scale of zero to 10 and 26 percent gave ratings of 7 or 8. However, almost a third of the patients did not give high ratings regarding pain control and about 20 percent of the patients didn’t give high ratings for hospital discharge instructions. Anne-Marie Audet of the Commonwealth Fund, which funded the study, said that when the data is reviewed, it is clear that no one is doing that great.

The study found that when there was a high ratio of nurses to patients, there was higher patient satisfaction. Researchers were surprised to discover that teaching hospitals were often rated higher than non-teaching hospitals and non-profit higher than for profit.

Hospitals were not required to submit their results during the first year of the survey, which ended September 30th. Out of more than 4,000 hospitals nationwide, about 40 percent did not submit their results. Hospital data can be viewed at
http://www.hospitalcompare.hhs.gov/.

FDA Has Posted Drug-Safety List

faye@tavss.com;tavss@tavss.com (News Author)6124 — Mon, 27 Oct 2008 08:00:00 EST

Recently, the U.S. Food and Drug Administration (FDA) began posting a list of prescription drugs under investigation for potential safety problems, as a way to better inform doctors and patients.

The first posted list is a compilation of 20 medications and the potential risk for each. The potential signals of serious risks/new safety information that was identified for each medication occurred during the period January 2008 to March 2008 in the Adverse Event Reporting System (AERS) database. The FDA has made it a point to mention that even though a drug appears on the list, does not mean the FDA has concluded that the drug has the listed risk. It simply means that the FDA has identified a potential safety issue and that there has not been an established causal relationship between the drug and the listed risk.

Some examples of the drugs posted on the website include Desflurane (Suprane), which has the potential risk of cardiac arrest and Arginine Hydrochloride Injection (R-Gene 10), which carries a possible risk of pediatric overdose due to labeling/packaging confusion.

On the FDA’s website, it states that the agency may take a variety of actions including requiring changes to the labeling of the drug, requiring development of a Risk Evaluation and Mitigation Strategy or gathering additional data to better characterize the risk, if the FDA determines that the drug has the associated risk.

The list does not give any indication as to how widespread or serious the problems might be, which has led some consumer advocates to question its effectiveness. Some industry experts are concerned that skittish patients might stop taking their prescription medication if they see it on the list.

FDA officials said that they are trying to walk a fine line in being more open to the public while at the same time, minimizing needless scares. Patients are encouraged to contact their health care providers if they have concerns about a listed medication.

Infant Death Prompts Recall of Convertible Cribs

faye@tavss.com;tavss@tavss.com (News Author)6063 — Tue, 21 Oct 2008 08:00:00 EST

Following the death of an infant, the U.S. Consumer Product Safety Commission has issued a voluntary recall announcement of 2,000 convertible cribs by Playkids U.S.A. of Brooklyn, New York.

According to the recall announcement, the sides of the convertible crib are made of a mesh that expands, which creates a gap between the mattress and the side. Infants can slip into the gap, causing a suffocation and entrapment hazard. On August 31, 2008 in Brooklyn, New York, a 5-month-old baby became entrapped between the mattress and the drop side rail of the crib and suffocated, which prompted this voluntary recall by the Consumer Product Safety Commission.

The recall includes the Playkids U.S.A. convertible crib/playpen/bassinet/bed with the model number PLK-909. The model number can be located on the packaging of the convertible crib. The words, “Playkids U.S.A.” is also on the packaging and on a sewn in label on the side of the crib. The convertible cribs include a stationary side rail, drop side rail, canopy assembly and bassinet. Fabric and mesh cover the sides of the crib, mattress support, bassinet, canopy and bed skirt. The fabric and mesh come in many different colors and patterns.

Playkids U.S.A. convertible cribs were manufactured in China and sold by juvenile product retailers in New York form March 2007 to September 2008 for approximately $100.

The U.S. Consumer Product Safety Commission is urging parents and caregivers to stop using the recalled convertible cribs. Playkids U.S.A. is offering a full refund for the convertible cribs.

Playkids U.S.A. can provide additional information about the convertible crib recall and refund instructions. Consumers are encouraged to call Playkids U.S.A. collect at (718) 797-0302 between the hours of 9:00 AM and 5:00 PM EST, Monday through Friday.

This recall follows one that occurred in August 2008 involving Simplicity bassinets. Two infants died after being entrapped between the metal bars.

Two Separate Events Kept Police Busy

faye@tavss.com;tavss@tavss.com (News Author)5994 — Tue, 14 Oct 2008 08:00:00 EST

Waynesboro Police were busy on Sunday afternoon after a man defended himself with a machete at his home and a separate event put a detective in the hospital.

Multiple subjects were retained after a residential fight near W. Main Street and Poplar Avenue. Within an hour, police were called to help subdue a man who knocked a detective’s head into a wall after being confronted for theft at Wal-Mart in Waynesboro.

The first incident started when a police officer who was on patrol, witnessed a fight at an apartment near Family Dollar at approximately 3:26 PM Sunday. The police officer, Sgt. Kelly Walker, was walking up the alley-like driveway to investigate when he narrowly avoided a car that came straight at him. Additional police officers arrived on the scene and pursued the vehicle and later detained a man at McDonald’s on West Main and a second man near Park Road.

Christopher Ray McDaniel, a 38-year old man, was arrested by police for felony attempted assault on an officer and felony reckless driving as a habitual offender, according to Walker.

The fight followed a domestic dispute in which Ray McDaniel and his brother John “Tim” McDaniel came to the home after a threatening phone call, according to John McDaniel’s ex-wife. Her current husband, Daniel Simmons, fought the brothers and grabbed a hiking machete from the back porch. However, the brothers were not deterred.

John McDaniel received a deep cut from the machete and was later treated at the University of Virginia Medical Center in Charlottesville for non-life-threatening injuries.

Simmons will most likely not be charged for the defensive use of the machete, but other charges are possible.

Christopher McDaniel pleaded guilty to possession of cocaine while an inmate and driving with a revoked license in 1998. He was also found guilty of unlawful wounding that year, court records indicate.

Before detectives even had a chance to write their reports, they were called to Wal-Mart, where Detective John Webb struggled with a 33-year old Waynesboro man, Daniel W. Zawharodny.

Zawharodny had attempted to steal a sweatshirt, shorts and a roasted chicken at approximately 4:30 PM. When he was confronted by employees, the man called for police. Webb, who works at the store part-time, showed Zawharodny his badge. Webb took Zawharodny into Wal-Mart’s Loss Prevention Office where the two struggled. Zawharodny hit Webb’s head against the wall. Police were able to subdue Zawharodny after they warned him a Taser would be used.

Webb was later treated at Augusta Medical Center. Zawharodny faces charges of larceny and felony assault on an officer. Court records show that he was previously convicted of grand larceny in June 2007.

Driver Involved in Accident Pulled Boy to Safety

faye@tavss.com;tavss@tavss.com (News Author)5966 — Fri, 10 Oct 2008 08:00:00 EST

A driver involved in last week’s fiery crash on I-66, saved the life of a 12-year old boy by pulling him out of a burning vehicle, according to Virginia State Police. Unfortunately, the man was not able to save the driver of that car.

The evening crash occurred at approximately 8:30 PM during heavy traffic on I-66. Three motor vehicles were involved in the deadly crash at the Route 234 bypass, exit 44 on I-66. A Virginia State Police spokesperson said that a Toyota Rav4, a 2007 Toyota Camry, a 2006 Audi and a 2003 Acura were all involved in the fatal accident on Friday night.

Virginia State Police state that the westbound Acura headed towards the other vehicles and the driver was not able to stop. The Acura ended up colliding with the Rav4. The immense impact of that collision caused the Rav4 to hit the Camry and Audi before it burst into flames.

It was the driver of the Acura, Paul Bauman of Potomac Falls in Loudoun County, who dragged the boy out of the burning vehicle, according to a Virginia State Police Spokeswoman, Corinne Geller. Bauman then attempted to pull the woman driver out of the burning vehicle, but was not successful because the fire was spreading too quickly.

The boy was not injured, but was still taken to a nearby hospital as a precaution. Virginia State Police say that no one else was hurt in the accident.

All of the westbound lanes of I-66 were closed until after midnight. Traffic was backed up for miles. No charges have been filed at this time, but Virginia State Police say the fatal accident is still under investigation.

AHRQ Study Finds Surgical Errors Cost Almost $1.5 Billion Each Year

faye@tavss.com;tavss@tavss.com (News Author)5873 — Wed, 01 Oct 2008 08:00:00 EST

A recent study conducted by the Department of Health & Human Services’ (HHS) Agency for Healthcare Research and Quality (AHRQ) reveals that preventable medical errors that occur during or after surgery may cost employers almost $1.5 billion annually.

The study was published in an issue of the journal Health Services Research and showed that insurers paid an additional $28,218 (52 percent) and an additional $19,480 (48 percent) for surgery patients who experienced acute respiratory failure or post-surgery infections in comparison with patients who did not experience either medical error. The authors of the study, AHRQ’s William E. Encinosa, Ph.D. and Fred J. Hellinger, Ph.D., also found the following increase in costs for surgery patients that were a result of medical errors:

• Medical errors related to nursing care cost an additional $12,196 (33 percent)
• Metabolic problems resulting from medical errors cost an additional $11,797 (32 percent)
• Pulmonary or vascular problems and blood clots accounted for an additional $7,838 (25 percent)
• Medical errors that contributed to the opening of a wound cost $1,426 (6 percent)

One of the most frightening findings of the study had to do with patient deaths. According to the study, 1 out of every 10 patients who died within 90 days after surgery did so because of a preventable error and one-third of those deaths occurred after the initial hospital discharge.

Researchers studied a sample of more than 161,000 patients ages 18 to 64 in employer-based health plans who had surgery between 2001 and 2002. AHRQ Patient Safety Indicators were used to identify the medical errors. Encinosa and Hellinger believe that studies that only focus on medical errors that occurred during the initial hospital stay may underestimate the financial impact of patient safety events by 30 percent.

According to AHRQ Director Carolyn M. Clancy, M.D. “Eliminating medical errors and their after affects must continue to be our top priority.”

Virginia Beach woman dies in motorcycle accident

faye@tavss.com;tavss@tavss.com (News Author)5766 — Mon, 22 Sep 2008 08:00:00 EST

A woman died Saturday night after she flipped her custom three-wheeled motorcycle in the Pungo section of the city. Police said they responded to the crash at 7:55 p.m. in the 2100 block of Princess Anne Road. They arrived to find the driver suffering from life-threatening injuries, police said. She was flown to Sentara Norfolk General Hospital by Nightingale where she later died, according to police.

Police identified the woman as 44-year-old E. Carla Mitchell of the 6300 block of Blackwater Road. The preliminary investigation into the crash determined that Mitchell was going south on Princess Anne Road when she veered off the right-hand side of the road and struck a pot hole, police said. This caused her trike to flip over and eject her. Police described the motorcycle as a modified 2005 Harley-Davidson. Mitchell was wearing a helmet when she crashed, police said. The investigation continues.

Regulator may recall more Simplicity cribs

faye@tavss.com;tavss@tavss.com (News Author)5767 — Mon, 22 Sep 2008 08:00:00 EST

The U.S. Consumer Product Safety Commission is expected to announce later on Wednesday, a recall of about 600,000 cribs made by Simplicity Inc, The Wall Street Journal said citing a notice.

The recall comes weeks after the CPSC recalled 900,000 Simplicity bassinets, linked to the deaths of two infants.

The cribs affected by the recall notice are Simplicity brand drop-side cribs sold by retailers including Wal-Mart Stores Inc, Target Corp and Babies "R" Us, a unit of Toys "R" Us Inc, the paper said.

The CPSC is expected to say it is aware of nine incidents in which the drop side on the crib has detached, but caused no injuries, the paper said.

Chinese rights lawyers mobilize for milk powder victims

faye@tavss.com;tavss@tavss.com (News Author)5733 — Thu, 18 Sep 2008 08:00:00 EST

Dozens of Chinese lawyers and rights campaigners have mobilized to support families stricken by toxic infant milk powder, underscoring the political volatility of the nation's latest food safety scandal.

One of the 73 lawyers and activists so far behind the push to help the families said on Thursday they had received nearly a thousand phone inquiries and called the campaign a breakthrough.

"The victims definitely want compensation, and if the government doesn't come through, this could become China's biggest ever collective legal action," said Li Fangping, a Beijing lawyer who often represents dissidents and protesters.

"I do think this is a first. It shows Chinese people's consciousness of the law and their rights is growing and lawyers are become more interested in helping the disadvantaged."

Labor Day weekend fatalities bring summer total to 115

faye@tavss.com;tavss@tavss.com (News Author)5729 — Wed, 17 Sep 2008 08:00:00 EST

Five servicemembers died in off-duty accidents during the Labor Day weekend, bringing to 115 the number killed this year during the "101 Critical Days of Summer."

Labor Day marked the official end to the 101 Critical Days of Summer, the period between Memorial Day weekend and Labor Day that typically sees a spike in vehicular and recreational accidents.

"It's the time when more people get outside and enjoy off-duty activities and more people are traveling," said John Seibert, the Defense Department's assistant for safety, health and fire. "But unfortunately, it's also a time when we see more accidents."

Man who killed his wife with crossbow has life sentence certified by judge

faye@tavss.com;tavss@tavss.com (News Author)5563 — Thu, 28 Aug 2008 08:00:00 EST

Kenneth Creamer walked into Virginia Beach Circuit Court insisting what he's always insisted: his wife's death was an accident. Already convicted of her murder, Creamer's last chance for leniency came from a judge at sentencing.

"I am not a cold-blooded killer. I did not murder my wife. I did not murder my son's mother," pleaded Creamer to the judge while on the stand.

Creamer requested a shorter sentence because of health problems, including heart disease, high blood pressure, and cholesterol. But the prosecution fired back after his prepared statement, insisting what they've always insisted: Kenneth Creamer murdered an unsuspecting woman.

"She was relaxed. She was at home in her house with her husband, the man that's supposed to protect her," argued the prosecution.

At trial, it took the jury three hours to find Creamer guilty of first degree murder after hearing from both sides and seeing the weapon used to kill Anna Creamer. The jury recommended the maximum sentence of life in prison. It took Judge Frederick Lowe far less than the jury's three hours to come to his decision.

Navy man dies after being hit by minivan in Norfolk

faye@tavss.com;tavss@tavss.com (News Author)5441 — Tue, 12 Aug 2008 08:00:00 EST

A 27-year-old Navy man died early Friday morning when he was struck by a passing minivan while pushing his own vehicle after it ran out of gas.

Jason M. Dungee, a Petty Officer 3rd Class stationed locally, was transported to a hospital but died of his injuries.

The accident occurred around 2:30 a.m., shortly after Dungee's sport utility vehicle ran out of gas on South Military Highway in Norfolk.

Dungee and two friends were pushing the SUV in the right northbound lane of the street, with Dungee near the back of the vehicle on the driver's side.

Details emerge about suspects accused of killing Virginia Beach Police detective

faye@tavss.com;tavss@tavss.com (News Author)5442 — Tue, 12 Aug 2008 08:00:00 EST

MyFox Hampton Roads has learned more about the two suspects in the shooting death of Virginia Beach Detective Michael Phillips, who was killed during an undercover operation Thursday night.

Ted Vincent Carter, 23, and Marshall Demetrius Moyd, 26, are both in jail, charged with First Degree Murder, as well as gun and drug charges.

They both have criminal records and Carter is the son of a convicted killer.

Police say the two men conspired to sell drugs to the undercover detective, then shot him three times and killed him.

While some officers rallied around each other upon hearing of Detective Phillips' death, other officers searched the home of one of the suspects.

Chief Jake Jacocks says they found crack cocaine and a large cache of ammunition.

Virginia Beach car accident sends driver to hospital

faye@tavss.com;tavss@tavss.com (News Author)5444 — Tue, 12 Aug 2008 08:00:00 EST

Police are investigating a single vehicle accident that sent the car’s driver to a hospital with life-threatening injuries Sunday afternoon.

The car was traveling through the intersection of Elbow and Salem Roads at around 3:50 p.m. when the driver lost control, and crashed through an embankment said Detective John Allen, with the Virginia Beach police.

The car’s sole occupant, a 21-year-old male, was transported by helicopter to a Norfolk hospital for treatment, Allen said. His name has not been released.

It is unknown if speed or alcohol were factors in the accident, Allen said.