The Athlete's Lawyer

Herndon injury attorney and Masters Triathlete Doug Landau was told he was “crazy” for inviting potential clients, existing clients and their friends and families to come see him “in action.” Other experienced trial lawyers attending the American Association for Justice’s National Trial Lawyers convention in New York City this summer, confessed that they would never consider having injured, disabled and out of work clients come and learn how and where their cases would be decided. Yet that is exactly what we do every at the Herndon law firm ABRAMS LANDAU, Ltd. Here are cases, meetings, volunteer work, athletic competition and Continuing Legal Education (CLE) programs currently on the calendar this Fall:

• 9/7/2011 Manassas, VA: Virginia Workers Compensation hearing, slip and fall at a federal facility job accident case.
• 9/8/2011 Washington, DC: Trial Lawyers Association of DC “Meeting with the Judges” (CLE), at The University Club, 16th Street, NW, preceded by a program introducing the OsiriX software for Macintosh computers
• 9/09/2011 Alexandria, VA; U.S. District Court, Eastern District of Virginia, Alexandria Division, Motion in Limine (to exclude irrelevant evidence) in union construction plumber’s shopping mall on the job slip and fall case
• 9/10/2011 Reston, VA: South Lakes High School, bicycle helmet safety inspection and athlete registration volunteer for the Reston Triathlon
• 9/11/2011 Reston, VA: Lake Audubon, compete in Reston Triathlon,
• 9/15/2011 Washington, DC: Social Security Administration, Disability claim before an Administrative Law Judge
• 9/18/2011 Winchester, VA: Warrenton Aquatic & Recreation Facility, compete in Virginia Triathlon Series (VTS)
• Sprint Triathlon, currently in 4th place in the Age Group, Landau hopes to again win the Series by accumulating enough points in addition to Masters and Age Group awards. ABRAMS LANDAU, Ltd. is a sponsor of the series.
• 9/20/2011 Fairfax, VA: Fairfax County Circuit Courthouse, Ethics and Social Networking CLE program sponsored by the Fairfax County Bar Association.
• 9/22/2011 Williamsburg, VA: Virginia Workers Compensation hearing, job vehicle accident case, late payment penalties
• 9/22-25/2011 Atlanta, GA: American Association for Justice (AAJ) College, Sheraton Atlanta Hotel, (CLE)
• 10/02/2011 Spotsylvania, VA: Acorn Sprint Triathlon, Lake Anna Beach marina, final competition in the Virginia Triathlon Series, Bumpass, VA
• 10/03/2011 Washington, DC: Social Security Administration, Disability claim before an Administrative Law Judge
• 10/5-6/2011 Monroe, LA: Social Security Administration, Disability claim before an Administrative Law Judge on a case remanded from an unfavorable decision for a client for whom ABRAMS LANDAU was successful in his car crash and related workers comp claims.
• 10/6-9/2011 Bergen County, NJ: Client visit, returning to volunteer at High School Parents Weekend, McLean, VA
• 10/10/2011 Richmond, VA: Mediation in a Virginia Workers Compensation claim for a disabled nurse with a Tidewater area insurance defense firm, even though the office is closed for the Columbus Day holiday.
• 10/12/2011 Fairfax, VA: Virginia Workers Compensation hearing, health care provider’s slip and fall brain injury case; the original claim was won, but when additional brain surgery was needed, the insurance company disputed that it was related to the original, on the job fall on the ice and refused to pay the medical bills.
• 10/13/2011 Fairfax, VA: District Court of Fairfax County, monitoring the Traffic Court prosecution of the defendant whose unsafe driving caused permanent injury and death.
• 10/15-16 Williamsburg, VA: Old Dominion University Department of Accounting, compete in annual 5km.
• 10/17/2011 Fairfax, VA: Virginia Workers Compensation hearing, nurse’s car crash back and head injury case. The original claim was won (covering her spinal surgery) and her car crash liability case settled for policy limits, but when additional traumatic brain injury case was sought, the insurance company disputed that it was related to the original, on the job crash and refused to pay the medical bills.
• 10/19/2011 Manassas, VA: Virginia Workers Compensation hearing for a Michigan client with a back injury
• 11/3/2011 Fairfax, VA: Virginia Workers Compensation hearing, after winning permanent and total disability hearing against the Department of Disability Services, seeking van modifications and other additional benefits
• 11/4-6/2011 Lakeville, CT: Volunteer Leadership Weekend, The Hotchkiss School
  nurse’s car crash back and head injury case.
• 11/11-13/2011 Richmond, VA: Virginia Trial Lawyers Advanced Workers Compensation retreat, (CLE) Courtyard by Marriott West
• 11/12/2011 Richmond, VA: Arthur Ashe Athletic Center Health Expo and Richmond Sportsbackers Marathon Festival, compete in 8km. road race.
• 11/18/2011 Herndon, VA: Herndon Community Center Annual Turkey Trot 5km cross country race (in the afternoon, just blocks from the Landau Law Shop !)
• 11/23/2011 Glen Ridge, NJ: United States Track & Field-NJ Championship Road Race, Ashenfelter 8K Classic, benefiting the Glen Ridge Educational Foundation (Landau Law Shop closed for the Thanksgiving holiday)
• 11/30/2011 Colorado Springs, CO: Triathlon World Championship Age Group Sprint Distance qualifiers, like All American Doug Landau, international paperwork for competition in Auckland, New Zealand, October 14-22, 2012

If you want to see Triathlon Trial Lawyer Landau “in action” at these or other events, please e-mail or call the Landau Law Shop (703-796-9555) beforehand, as insurance companies settle on the eve of trial, judges postpone trials and races get canceled due to weather or other unforeseen events, and your time is valuable.  Several races and court cases (including a complex Interpleader for insurance policy limits in Chesterfield Circuit Court as the result of a single car crash injuring several international exchange students) have already been cancelled and postponed due to Hurricane Irene.  Herndon Reston area injury lawyer hopes to see you soon !

The National Football League is looking into kickoff modifications in order to help ‘deal with injury numbers’ according to news reports this week.  Indicating that it was a matter of safety, along with possible suspensions for player who make illegal hits, the NFL is recommending that kickoffs be moved from the 30- to the 35-yard line — as it was before 1994.  Also, kicking team members must line up within five yards of the ball.  This would prevent the kicking team members from lining up 10-15 yards behind the ball to get a running start.  By the time these offensive players got downfield, they were at full speed.

The sound of the impact when 300 pounds of professional football player, sprinting at top speed, strikes another player moving in the opposite direction at maximum velocity, it something not soon forgotten.  The momentum of each player (speed times mass) is truly shocking.  The league recognizes the potential for devastating and career ending head, neck and brain injuries and is looking into way to modify the game while still keeping its essential features.  Read more at the Washington Examiner.

As  a child, I enjoyed may hours playing on swing sets and “jungle gyms.”  My brother and I would even eat our meals in these structures during the warm summer months (and save our mom from having to clean up if we dripped watermelon or spilled our drinks !).  So I was particularly interested when I received word that the Consumer Product Safety Commission (“CPSC”) had recalled children’s play sets made in China for Escalade Sports of Evansville, Indiana.

According to the CPSC recall notification, the hazard is significant, as the swing seats on these Oasis Playsets can crack and break in half, causing the user to fall to the ground.  Escalade Sports has received 24 reports of the seats breaking, though no injuries have been reported.  These defective and dangerous products were sold by Oasis distributors and dealers nationwide from April 2008 to December 2010 for between $1,500 and $2,200.  Consumers should immediately stop using these swing seats and contact Escalade Sports for free replacement swing seats.  For additional information, contact Escalade Sports at (800) 742-6009 between 8 a.m. and 5 p.m. CT Monday through Friday, or visit the Escalade’s website.  Consumers can also e-mail Escalade Sports.

Brain injury in sports can occur even without outward manifestation, such as bleeding, swelling of the skull, bruising of the skin or laceration. Sports medicine specialists who study head injury in athletics have long noted that it is the movement of the brain inside the hard, bony shell (the cranium) that often determines the nature and extent of the brain damage. Director of the Brain Injury and Sports Concussion Institute at the University of Virginia School of Medicine Jeffrey Barth has explained, “if [a player] is not expecting it, the head snaps on the neck [when struck].”  The Sports Illustrated Special Report Concussions concluded by noting that when an athlete is caught off guard or going the wrong way, even a minor blow to the head can be devastating.  This is because the speed at which the head snaps back and how long it takes to decelerate often determine whether an athlete will be concussed.  It the snapping of the head and neck is rapid enough, the player can lose consciousness momentarily, and suffer a concussion.

To entirely prevent or mitigate concussive head-snapping, athletes Read the rest of this entry »

When going to the office on cold winter mornings, I have seen bikers in covered helmets, booties and thick gloves braving the elements.  However, motorists around the W&OD Trail are often surprised to see cyclists and animals coming off the path and crossing Herndon, Sterling and Loudoun County roadways.  When a biker or deer appears in front of you on a snow covered road, and there is not enough time to brake, the following suggestions come from Rally Coach Tim O’Neil so that you do not end up killing the cyclist, the deer, yourself or totaling your car.

• Take your foot of the gas immediately.  Do not fixate on the biker, deer or motorcycle – you will just drive straight at it if you do.  Instead, look at the rear wheel or animal’s hindquarters, since cyclists, deer, elk, etc. are not likely to go into reverse !  Turn the steering wheel 90 degree to your right.
• Now your vehicle is headed toward the shoulder, ditch, guardrail, etc.  Do not panic.  You should look at where you want the car to go.  Fix your eyes on the center of the road and turn left twice as far, about 180 degrees.
• Once you have cleared the obstacle, animal, human or other, counter steer 45 degrees to your right and hit the gas to straighten out.

Hopefully, these tips will enable you to “live and let live.”  A car crash with a deer, cyclist or object in the road can be catastrophic.  The damage we have seen caused by impacts with deer are truly astounding.  The losses caused by car crashes with animals and cyclists are some of the most severe we see at the Landau Law Shop.  you might even want to practice, and take the newer drivers in your household out to an empty, safe parking lot, to practice winter driving techniques in order to prevent injury, property loss and death.

A month ago Sports Illustrated looked at concussions and their effects on professional athletes.  Instead of photos of swimsuit models or multimillionaire athletes, the popular sports magazine looked at a very serious subject, that of head trauma and permanent disability in the ranks of professional athletes.  The periodical looked at the hits no one is noticing, the “invisible” traumatic brain injury (“TBI”) and cumulative concussions, especially among professional football players. The SI article relates, “At the Veterans Administration hospital in Bedford, Mass.,  one of the world’s foremost experts on repetitive brain trauma slipped a slide into a microscope. Dr. Ann McKee, an associate professor of neurology and pathology at Boston University who has been studying the brains of deceased football players, wanted to illustrate the damage that repeated hits to the helmet can cause. This slide of a cross-section of a human male brain, magnified 100 times, showed scores, maybe hundreds, of tiny brownish triangular bits of a toxic protein called tau, choking off cellular life in the brain.”

“This is Louis Creekmur,” said McKee. “You can see there are hardly any areas untouched by the damage. Like with Wally Hilgenberg, it is widespread in Louis Creekmur. I would call it incredible chaos in the brain. Read the rest of this entry »

The Chantilly Youth (CYA) U-17 BLAST girls travel soccer team won their last game today securing their season championship in the Old Dominion Soccer League (ODSL)

The Chantilly “BLAST” U-17 girls soccer team won their final season match 8-0 and secured their league championship this afternoon at Fairfax County’s Poplar Tree Park.  The Chantilly Youth Association (“CYA”) travel soccer team, despite sometimes being short-handed due to only 9 or 10 girls making it to a game because of other commitments, only gave up one goal this season.  More importantly, their coach announced that they had won the Sportsmanship Award as well.
Always playing exciting soccer, the purple clad CYA girls on the “BLAST” never showed any of the rancor or egotistical conduct that mars the records of other teams, especially in the ranks of major professional sports.  Furthermore, some of the girls compete for their high school soccer, cross country, tennis and other sports teams.  While Doug Landau coached several members of the “BLAST” when they were members of his CYA “Jumping Green Grasshopper” teams before they went up to travel soccer, they are now superbly lead by Coaches Ray and Irwin.  The team practices in Herndon Virginia near Dulles Airport, and plays its matches in Northern Virginia.  The “BLAST” was a finalist in the Spring 2010 U-16 Division of the Old Dominion Soccer League (“ODSL”) which fosters Travel Soccer and Sportsmanship.  Hoping to keep the roster together for another successful indoor season, Coach Ray noted that they may have to expand their roster if they are going to continue their winning ways in the U-19 division.

Herndon Reston Virginia spine and brain injury lawyer Doug Landau with a gift basket from a thankful neurologically disabled client

Injuries to the brain and spine do not necessarily mean the end of exercise and sports.  While brain injury can be a life changing event, advances in sports medicine and rehabilitation have enabled bike crash and car accident victims to remain more active than in the past.  It is important to remain upbeat, active and exercise.  As we used to say at ACSM (American College of Sports Medicine) meetings, “If it isn’t physical, it isn’t therapy !”  Physical and occupational therapy is essential to maximum recovery after a spine or brain injury.  Nerve cells need stimulation for recovery and repair.  Reorganization may occur.  Synapses, that is the contacts between the nerve cells, may strengthen with stimulation and use.  Sports injury lawyer Doug Landau has several hemiparetic clients who are paralyzed on one side of their bodies.  To advance recovery from hemiparesis after stroke, one novel treatment, Constraint-Induced Movement therapy (“CIMT”), entails the temporary restraint of the functional limb while the patient is encouraged to carry out tasks with the paralyzed limb.  According to medical researchers, CIMT produces greater improvements in movement and functional use of impaired arms and hands.

The repair of broken connections between nerve cells is poorly understood.  Doctors understand that a sudden snap of the head pushes the brain so forcefully inside the skull that the long processes of the nerve cells are severed.  This effect is known as axonal shear.  Read the rest of this entry »

Trampoline accidents and injuries can be catastrophic due to the impact and damage to the spinal cords and heads of victims young and old.  The issues of adequate spotters, padding and instruction are usually at the forefront of any investigation into a trampoline accident.  However, when the trampoline itself is defective, catastrophic injury can result regardless of the number of spotters, pads and training sessions.  Herndon Virginia sports injury lawyer Doug Landau of Abrams Landau, Ltd. examined the dangers of such equipment over 25 years ago in his article for the Practicing Law Institute, “…With the Greatest of Ease – Gymnastic Products Liability”  (Sports & Recreational Equipment, 1983).  One of the reasons Abrams Landau supports the distribution of free bicycle helmets for children is to put safe, non-defective sports equipment in play so no one gets hurt.

A California sporting goods company has recently announced a recall 160,000 sporting trampolines over the risk of the structures breaking.  Bravo Sports announced the recall in conjunction with the Consumer Product Safety Commission last week, saying “the trampolines, if improperly assembled, can result in weak support, posing the risk of the top rails or legs bending or breaking during normal use.”  The trampolines were imported from China Read the rest of this entry »

A lovely little bridge off of a dirt road in Loudoun County - perfect for hybrid, mountain, knobby and "fat tire" bikes !

Owning a mountain bike does not mean you have to go tearing down mountains, slaloming between trees, jumping roots and avoiding protruding rocks.  Bike injury lawyer Doug Landau uses his off road bike for commuting to work in good weather, pulling buggers, “trail-a-bikes” and touring in the off season.  Mrs. Landau likes her mountain bike for training rides as it enables her to sit upright, without the strain on her lumbar spine, and to be able to see further down the road.  The Landau’s mountain bikes are also less likely to get flats, are easier to adjust to other riders, and can carry heavy panniers and gear.  Other bikers like the safety and stability of a mountain bike.  The Abrams Landau bike crash lawyer also likes the “Granny Gear” when ascending steep inclines in Loudoun County.  There are several Reston and Herndon area cyclists who ride with the Reston Bike Club on hybrid and mountain bikes, and they keep up, traverse rough road and even hop the curb now and then !  Landau puts his Speedplay peddles on his off road bike so that he can use his biking shoes to keep up and has the bell for safety on his handlebars when approaching cyclists, runners and other recreational users of the W&OD and other Northern Virginia Trails, bike paths and roads.