DC Metro Area Personal Injury Law Blog

FDA Proposes Reclassification of Tanning Beds

Regan Zambri & Long — Mon, 13 May 2013 08:33:17 -0500

Posted by: Salvatore J. Zambri, founding member and partner

Health risks associated with indoor tanning have been documented for a number of years, as indicated by the recent increase in the number of states that have imposed age limits on use of commercial tanning beds. However, as the Washington Post reports, the recent proposal by the FDA to reclassify sunlamps and tanning beds from low-risk to moderate-risk devices intends to "help address some of the risks associated with sunlamp products and provide consumers with clear and consistent information," according FDA Commissioner Margaret Hamburg. The proposal would require that tanning bed manufacturers submit them to the FDA for review prior to marketing them and to include labels that warn people under 18 to not use tanning beds.

Critics of the FDA proposal include Diana Zuckerman, president of the National Research Center for Women & Families, who supports stronger regulation but describes the FDA proposal as very weak for not including clinical testing on the tanning beds nor any enforcement measurement for users under 18.

Tanning bed manufacturers' spokesman John Overstreet, executive director of the Indoor Tanning Association, expressed concern that the proposed changes and corresponding costs would create too much of a financial burden for their members.

Opponents of indoor tanning include the American Academy of Dermatology, the World Health Organization and the Centers for Disease Control and Prevention. They have long advocated avoiding indoor tanning, and have cited a number of studies linking indoor tanning to an increased risk of skin cancers and eye damage.

As with any consumer safety issue, an educated consumer combined with common sense is the best approach.

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About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. The association recently named him "Trial Lawyer of the Year" (2011). He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against train, truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, it is believed, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2012 edition) and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2012)-- national publications that honor the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Presidential Proclamation - Law Day, 2013

Regan Zambri & Long — Wed, 01 May 2013 11:19:12 -0500

Posted by Salvatore J. Zambri, founding member and partner

Each year since President Eisenhower proclaimed May 1 as Law Day in 1958 as a day to recognize and honor the United States' legal system, every president has issued a proclamation focusing on the theme for the current year's celebration. Law Day is aimed at helping people "appreciate their liberties and affirm their loyalty to the United States, especially with regard to equality and justice. It also aims to cultivate respect for the law, which is vital to the democratic way of life."

According to the American Bar Association, the theme for Law Day 2013 is Realizing the Dream: Equality for All. "The promise of equality under the law is what has made America a beacon to other nations. It is a pledge clearly set forth in the Declaration of Independence and in the opening words of the Preamble of the Constitution, 'We the People.' "

President Obama has continued the tradition of issuing a proclamation to honor Law Day, which we are reproducing in its entirety for our readers.

The White House

Office of the Press Secretary
For Immediate Release
April 30, 2013
Presidential Proclamation -- Law Day, 2013

LAW DAY, U.S.A., 2013

- - - - - - -

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

As a Nation, we are bound together not by the colors of our skin, the tenets of our faith, or the origins of our names. What unites us as Americans is our allegiance to an idea articulated more than two centuries ago: that "all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness." In the years since that declaration, we not only forged a Republic of, by, and for the people; we also set ourselves to the task of perfecting it, and bridging the meaning of those words with the realities of our time.

This Law Day, we look back on our long journey toward equality for all. We reflect on the Emancipation Proclamation, issued by President Abraham Lincoln 150 years ago to mend a Nation half-slave and half-free under the unifying promise of liberty. We remember when Dr. Martin Luther King, Jr., stood in Lincoln's shadow a century later and gave voice to a dream, sounding the call for an America that truly lives out the meaning of its founding creed. We honor the courageous men and women who fought to bring those ageless ideals of freedom and fairness into the rule of law -- from the Civil Rights Act and the Voting Rights Act to Title IX and the Americans with Disabilities Act.

Even now, that work is not yet finished. Opportunity remains painfully unequal for too many among us; justice too often goes undone. Law Day is a chance to reaffirm the critical role our courts have always played in addressing those wrongs and aligning our Nation with its first principles. Let us mark this occasion by celebrating that history, upholding the right to due process, and honoring all who have sustained our proud legal tradition.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, in accordance with Public Law 87-20, as amended, do hereby proclaim May 1, 2013, as Law Day, U.S.A. I call upon all Americans to acknowledge the importance of our Nation's legal and judicial systems with appropriate ceremonies and activities, and to display the flag of the United States in support of this national observance.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty-seventh.

BARACK OBAMA

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Drinking and Driving Is Not the Way to Celebrate St. Patrick's Day

Regan Zambri & Long — Fri, 15 Mar 2013 08:45:42 -0500

Posted by Salvatore J. Zambri, founding member and partner

Each year on March 17, everyone claims to be Irish. Unfortunately, too many drivers also celebrate St. Patrick's Day by drinking and driving. In recent years, St. Patrick's Day has surpassed other holidays as one of the most dangerous for automobile accidents related to alcohol-related drivers.

Many police departments increase their visibility during the celebrations and encourage community involvement through alternative transportation, designated drivers and responsible beverage service. The National Highway Traffic Safety Administration (NHTSA) has released a publication, "Community-Based Impaired-Driving Programs: Local Ordinances and Other Strategies Addressing Impaired Driving," to address the increasing problems of excess drinking during high-risk holidays.

One of the most successful on-going programs in the Washington, DC Metropolitan area is SoberRide. It is sponsored by the Washington Regional Alcohol Program (WRAP) and offers free cab rides for impaired drivers. Listed below in its entirety for our readers is the announcement for WRAP's 2013 St. Patrick's Day SoberRide@ Campaign.

"WRAP's 2013 St. Patrick's Day SoberRide program will be offered on Sunday, March17, 2013 from 4:00 pm to 4:00 am on Monday, March 18, 2013. To receive a free cab ride home (up to a $30.00 fare), please call 800-200-8294 (TAXI). AT&T customers may dial #WRAP from their wireless phones. Please refer to the SoberRide information listed below for important details concerning this program. You must be 21 or older to use the SoberRide service

Important note: All requests for SoberRide service must be called to and dispatched from 1-800-200-8294. Do not call a taxi company directly for SoberRide service as the ride will not be covered under this program.

General SoberRide Information

WRAP's SoberRide , called one of the nation's most successful free cab ride programs for would-be impaired drivers, has helped to ensure greater Washington, DC residents have a safe way home on high-risk holidays. Since 1993, WRAP has provided over 57,778 safe rides home.

Currently, SoberRide operates during the December/January holiday season, St. Patrick's Day, Independence Day and Halloween.

WRAP's SoberRide provides a free cab ride home up to a $30 fare.
Callers are financially responsible for anything over $30.

You must be 21 or older to use the SoberRide service. All calls must originate in Montgomery and Prince George's Counties in Maryland; the Cities of Rockville, Bowie, College Park, Gaithersburg, Greenbelt and Takoma Park in Maryland; the District of Columbia; Arlington, Fairfax, Prince William and Eastern Loudoun Counties in Virginia; and the Cities of Alexandria, Falls Church, Fairfax, Manassas and Manassas Park in Virginia.

You cannot reserve a SoberRide or schedule a pickup in advance. To receive a ride, you must call 1-800-200-8294 (TAXI) during the program hours. A SoberRide call operator will direct your request to the correct participating cab company.

Participating Taxi Companies:
Alexandria Yellow Cab (Alexandria)
Barwood, Inc. (Montgomery County)
Fairfax Yellow Cab (Fairfax County)
Loudoun Yellow Cab (Eastern Loudoun County)
Manassas Cab Company (Prince William County)
Red Top Cab Company (Arlington County)
Silver Cab of Prince George's County (Prince George's County)
Yellow Cab of District of Columbia (District of Columbia)
Yellow Cab of Prince William County (Prince William County)

When waiting for a SoberRide, please watch for a cab from the participating taxi company in the area from which you are calling."

Keep the Luck of the Irish alive for you and everyone else. Don't drink and drive.

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About the author:

Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. The association has recently named him the " 2011 Trial Lawyer of the Year". He has also been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri was recently (2013 edition) acknowledged as one of the "Best Lawyers in America" by Best Lawyers in both medical malpractice and personal injury law, and has also been repeatedly named a "Super Lawyer" by Law and Politics magazine (2013)--a national publication that honors the top lawyers in the country.

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning defective drugs, medication errors, medical malpractice litigation, and safety improvements.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com. You may also reach him at 202-822-1899.

Court Affirms MLB Umpire's Jury Verdict Against Wilson Sporting Goods

Regan Zambri & Long — Thu, 31 Jan 2013 14:36:27 -0500

In a lengthy opinion published this morning, the District of Columbia Court of Appeals affirmed the jury's verdict in favor of Edwin Hickox against Defendant Wilson Sporting Goods. Mr. Hickox is a Major League Baseball umpire who was injured while wearing a Wilson mask during a Washington Nationals game. Unfortunately, Mr. Hickox suffered significant injuries due to the Defendant's unsafe product, including a concussion and trauma to his ear which required several surgeries. Paul Cornoni and Patrick Regan represented Mr. Hickox at trial, and on appeal.

The case involved a product liability action against Defendant Wilson for selling an umpire's mask which was not tested properly and consisted of a safety defect. At trial, the jury heard evidence from several witnesses, including a biomechanical engineering expert from MIT. The jury concluded that the mask was defective and awarded $775,000.00. to Mr. Hickox to compensate him for his injuries, the medical bills he incurred and other types of damages.

New Whistleblower Law

Regan Zambri & Long — Thu, 29 Nov 2012 10:11:33 -0500

Posted by: Salvatore J. Zambri, founding member and partner

I have represented whistleblowers for many years. A "whistleblower" is someone who reports fraud perpetrated against the government, typically by the company for whom the whistleblower works. It takes courage to report fraud by an employer, but it is this very courage that is needed to hold companies accountable for their criminal activity. And let's face it, without the justice brought about by whistleblowers, we tax-payers will be the ones paying for the fraudulent charges the companies bill the government.

Approximately six years ago, as a member of the House Committee on Oversight and Government Reform, Congressman Bruce Braley added an amendment to the Whistleblower Protection Enhancement Act. His amendment was designed to properly protect whistleblowers against retaliation. Yesterday, President Obama signed the Bill, with Congressman Braley's amendment, into law. This new law ensures that federal whistleblowers are able to recover compensatory damages, including attorney's fees, interest, reasonable expert witness fees, and costs.

Here's some of the language that was signed into law:

SEC. 107. REMEDIES.

(a) Attorney Fees- Section 1204(m)(1) of title 5, United States Code, is amended by striking `agency involved' and inserting `agency where the prevailing party was employed or had applied for employment at the time of the events giving rise to the case'.

(b) Damages- Sections 1214(g)(2) and 1221(g)(1)(A)(ii) of title 5, United States Code, are amended by striking all after `travel expenses,' and inserting `any other reasonable and foreseeable consequential damages, and compensatory damages (including interest, reasonable expert witness fees, and costs).' each place it appears.

President Obama and Congressman Braley, like all of the lawmakers that supported this law, should be proud of their efforts.

If you work for a company that fraudulently bills the government, please come forward with what you know. I would be happy to meet with you and explain your legal rights, so that you can make teh most informed decision you can make in bringing about justice.

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About the author:

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Recreational Trampolines Can Be Dangerous

Regan Zambri & Long — Tue, 25 Sep 2012 09:38:16 -0500

Posted by: Salvatore J. Zambri, founding member and partner

In a recently-published policy statement by the America Academy of Pediatrics, recreational home use of trampolines is not advised. In the October, 2012 policy statement by AAP, "Trampoline Safety in Childhood and Adolescence", pediatricians are provided guidelines on the patterns of injury with trampoline use, the effectiveness of current safety measures, and unique injuries associated with trampoline use. This policy statement is consistent with previous statements of 1999 and 2006, discouraging recreational trampoline use. In 2009, the National Electronic Injury Surveillance System (NEISS) estimated almost 98,000 trampoline injuries nationwide, with 3,100 hospitalizations. Predictably, the injury rates for children were higher than those for adults.

“Pediatricians need to actively discourage recreational trampoline use,” said Michele LaBotz, MD, FAAP, co-author of the updated policy statement. “Families need to know that many injuries occur on the mat itself, and current data do not appear to demonstrate that netting or padding significantly decrease the risk of injury.”

Common injuries for all age groups include sprains, strains and contusions. For children under five, 48% of trampoline injuries resulted in fractures or dislocations. Most injuries occur with multiple people jumping on the mat and many occur even with adult supervision.

Key recommendations included in the report for pediatricians and parents include:

"Pediatricians should advise parents and children against recreational trampoline use.
Current data on netting and other safety equipment indicates no reduction in injury rates.
Failed attempts at somersaults and flips frequently cause cervical spine injuries, resulting in permanent and devastating consequences.
Homeowners with a trampoline should verify that their insurance covers trampoline injury-related claims.
Rules and regulations for trampoline parks may not be consistent with the AAP guidelines.
Trampolines used for a structured sports training program should always have appropriate supervision, coaching, and safety measures in place."

Parents should educate themselves and their children about trampoline use before it's too late.

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About the author:

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Victims Killed in CSX Train Derailment Identified

Regan Zambri & Long — Tue, 21 Aug 2012 10:11:03 -0500

Posted by: Salvatore J. Zambri, founding member and partner

Police have identified two victims who were killed in the CSX train derailment, which occurred in downtown Ellicott City overnight. According to police, Elizabeth Conway Nass and Rose Louese Mayr, both 19, of Ellicott City, were on the tracks when a freight train came off the tracks around midnight.

The Washington Post story about this breaking news can be found by clicking here:

http://www.washingtonpost.com/blogs/post_now/post/two-killed-as-csx-train-derails-in-ellicott-city-overnight/2012/08/21/99d0a810-eb77-11e1-b811-09036bcb182b_blog.html?wpisrc=al_crime

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About the author:

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Teenage Drivers and Safety-Belt Use

Regan Zambri & Long — Wed, 11 Jul 2012 08:11:20 -0500

Posted by: Salvatore J. Zambri, founding member and partner

The leading cause of death for teenagers is motor vehicle crashes. Although teens are taught the importance of safety-belts in driver's education classes, one of the major reasons for deaths as well as serious injuries among teens is lack of safety-belt use. According to the Fatality Analysis Reporting System (FARS), more than two-thirds of teen occupants killed in crashes were not wearing safety-belts.

Studies show that the rate of seat-belt use by teens is consistently lower than that of older drivers and passengers. Several theories offer reasons why teens have low safety-belt use rates and high traffic-crash rates:

Inexperience - Lack of firsthand experience driving prevents teens from knowing how to drive under various circumstances and how to react in emergency situations.
Immaturity - Engaging in riskier behaviors while driving is evident among teen drivers.
Immortality - Teens tend to under-estimate risks of driving and crashing.
Emotionality - Teen emotions are frequently near the surface and affect their thinking and behavior.
Sensation Seeking - Many teens are adventurous and seek excitement through dangerous activity.
Risk Taking - Lack of understanding of risks involved in certain behaviors frequently leads to impulsive actions.
Power of Friends - Peer pressure influences teens in many areas of their lives.
Power of Parents - Parental permissiveness or strictness is a factor in teen behavior.
Distractions - Evidence indicates that teens are more easily distracted while driving, especially when they have other teen passengers.

NHTSA's Integrated Project Teams Report (IPT) on Initiatives to Address Safety Belt Use discusses various approaches to addressing safety-belt usage in general. Listed below are those considered most likely to have the potential to increase teen safety-belt use.

Primary safety-belt use laws (allows for police offices to pull over and ticket drivers for safety-belt violations),
High-visibility enforcement (STEPS, Click It or Ticket, etc.),
Increased sanctions (increased fines, points on license),
Incentive programs (high school rewards programs, insurance incentives),
Parental management (number of passengers, curfews),
School and employer policies,
Vehicle strategies (safety-belt use monitoring devices, ignition interlock devices), and
Other public health interventions.

Obtaining a driver's license is a landmark event in any teen's life. Although campaigns, incentives and punishments may be effective in promoting safety-belt use, the driver is given the ultimate responsibility for promoting the use of safety-belts. Please take that responsibility seriously.

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About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. The association recently named him "Trial Lawyer of the Year" (2011). He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2012 edition) and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2012)-- national publications that honor the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Feds Prob Potential Deadly Lack of Treatment for Diabetics in DC Schools

Regan Zambri & Long — Tue, 10 Jul 2012 16:18:05 -0500

By Catherine Bertram, partner

According to an article in the Washington Post, the U.S. Department of Education is investigating DC Schools because of a complaint by the mother of a diabetic third grader at Davis Elementary in Southeast D.C. The mother contends that when the school nurse was not available she was told she only had two options on those days: either come to school with her child, monitor her blood glucose level and administer the medication or she could keep the child at home.

The complaint was filed with the Office for Civil Rights for the US Department of Education. The complaint contends that when the mother exchanged heated words with Davis principal Maisha Riddlesprigger, that Ms. Riddlesprigger issued a “barring notice” that prohibited the child's mother from entering the building. Did DCPS ban the child's caregiver in the nurse’s absence?

According to the article, DCPS has not responded to a request for a comment on the situation. According to University Legal Services staff attorney Victoria Thomas, DCPS’s refusal to provide so-called “Trained Medication Employees” to administer diabetes care violates federal and District law.

This case seems to highlight a dangerous situation in terms of DCPS practices. The school system has to have a plan for nurses’ absences and previously indicated it was training other school staff to deal with issues. However, in a diabetic emergency, without the nurse, all school personnel can do is call 911. That can pose a deadly delay for a child who needs insulin urgently.

According to the Post article, the civil rights office of the US Department of Education has expanded its inquiry beyond DCPS to include the city’s 53 charter schools. If the office finds that DCPS or the charters did violate the rights of diabetic children, it could require the schools to sign a resolution agreement promising to comply with the law, or could even withhold federal funds.

If any of the children are harmed by the unsafe situation they may have claims against D.C.

About the author:

Catherine Bertram is board certified in civil trials and was recently nominated as a Top Lawyer for Washingtonian Magazine. Ms. Bertram has over 20 years of trial experience and is unique in that she was formerly the Director of Risk Management for Georgetown University Hospital so she brings a wealth of knowledge to her practice. She is a partner with the firm and lives in the District. She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her office in Washington, D.C.

Distracted Driving: It's Everyone's Problem

Regan Zambri & Long — Tue, 10 Jul 2012 14:53:18 -0500

Posted by: Salvatore J. Zambri, founding member and senior partner

DISTRACTION.GOV - Official U.S Government Website for Distracted Driving

Yes, there is an official government website for distracted driving. Why? Because distracted driving results in thousands of traffic crashes and deaths in this country every year. The epidemic of distracted driving continues to cause drivers to drive recklessly, leading to serious injuries and death.

Although states are responsible for their own driving laws, the distracted driving problem has reached such heights that The U.S. Department of Transportation created the Distraction.gov site to work with advocacy groups and others to "share knowledge and promote a greater understanding of the issue, and identify additional strategies to end distracted driving."

Every year I give presentations to area schools about distracted driving in an effort to teach young people the importance of driving carefully, and to empower them to be sure they do not allow others to drive while distracted, at least not while they are in the car.

If you or your child's school would like to know more about my presentation, please let me know. I of course do not charge a fee for it, as it is part of my volunteer community service program.

Do you have any questions about this post?

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. The association recently named him "Trial Lawyer of the Year" (2011). He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2011 edition) and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.