Virginia Personal Injury and Medical Malpractice Blog

Most vehicles manufactured in the last several years include automatic sensors that trigger headlights when it begins to get dark or foggy outside. In some vehicle models, the headlights turn on in conjunction with the use of the windshield wipers. However, there are plenty of vehicles on the road that lack this automatic sensor technology.…

Spinal injuries are a catastrophic physical trauma that affect the lives of both those who sustain them and the families who care for their injured loved ones. If you have ever been involved in an accident with a large commercial truck or 18-wheeler, you understand how these collisions can lead to injuries that carry long-term…

Recalls of the popular diabetes drug metformin continue to occur after the Food and Drug Administration (FDA) announced recently that some forms of the medicine were found to be contaminated with N-nitrosodimethylamine (NDMA), a chemical that may contribute to the development of some cancers. Pharmaceutical companies recall metformin Marksans Pharma Limited, an India-based drug manufacturer,…

Phelan Petty is pleased to announce that the firm was selected for inclusion in Best Law Firms, 2021 Edition. The practice was also named as a Tier 1 firm in the Richmond metropolitan area for exceptional work in: Medical Malpractice Law for Plaintiffs Personal Injury Litigation for Plaintiffs Product Liability Litigation for Plaintiffs Mass Tort…

Amazon has been under increasing scrutiny for defective products sold by third-party sellers. Most recently, Amazon was found liable for injuries caused by a defective battery manufactured by Lenoge. Now, dozens of products, produced by Amazon under its AmazonBasics brand name, have reportedly caught on fire or exploded, leaving Amazon open to even more lawsuits.…

In the Senate, lawmakers have introduced legislation that would minimize liability for exposure claims against employers pertaining to COVID-19, as long as the employers are adhering to public health guidelines. The bill, S.B. 4317, was introduced by Sen. John Cornyn on July 28. The tort reform aspect of the bill, also called the Safe To…

Truck accidents can be more complex than typical vehicle crashes. The process of determining who is responsible for these accidents and the amount of compensation owed to injured victims is complicated. This is due in part to the seriousness of the injuries – truck accidents often lead to catastrophic injuries – and in part to…

Consumers can suffer devastating burn injuries from exposure to certain defective products. Products such as defective lithium-ion batteries and e-cigarettes have been in the news for catching on fire and/or exploding. These product explosions can lead to catastrophic burns and other devastating injuries. Victims who suffer catastrophic burn injuries may require painful skin graft surgery…

Phelan Petty is pleased to announce that three of its attorneys – Michael Phelan, Jonathan Petty, and Brielle Hunt – have been selected for inclusion on the 2020 Super Lawyers List. In addition, Michael Phelan was named to the Top 100: 2020 Virginia Super Lawyers list. Super Lawyers is an objective ratings service which honors…

Since March 1995, all bicycle helmets, imported or manufactured in the U.S., are required by the Consumer Product Safety Commission (CPSC) to meet the standard established in 16 CFR Part 1203.1(c). This is a mandatory standard that covers bicycle helmets, in addition to multipurpose helmets that may also be used when riding a bicycle. The…

Does Amazon bear liability when a product from its website causes injury to a consumer? This question has been debated for some time now in the courts, involving the responsibility Amazon carries, if any, when it offers products on its website on behalf of third-party sellers. The California Court of Appeal recently answered this question…

Driver fatigue is one of the major causes of 18-wheeler crashes in the United States. The federal agency tasked with investigating transportation crashes and their causes is the National Transportation Safety Board (NTSB). The NTSB estimates that about 30 to 40% of commercial truck accidents are due to truck driver fatigue. Anyone who is tired…

The U.S. Consumer Product Safety Commission (CPSC) has issued a recall for proximally 16,000 infant and child double strollers due to the potential risks of entrapment, fall, strangulation, and entrapment. Costway, based in California, is the manufacturer of the strollers which were sold on the company’s website and by Amazon from May 2016 to December…

Phelan Petty is pleased to announce that firm founders Michael Phelan and Jonathan Petty have been recognized by Best Lawyers in America. This recognition is based on a neutral peer review process submitted by attorneys practicing within the same geographical and legal practice areas. Attorneys must be nominated annually by other lawyers to maintain the…

According to the Consumer Product Safety Commission (CPSC), between 2015 and 2017 there were 379 reported pool or spa related fatal drownings involving children under the age of 15. 75% of those drownings involved children under the age of 5. In more than 70% of cases, fatal drowning incidents occurred at residential locations, such as…

Women who have tested positive for COVID-19 while pregnant may be at risk of placental injuries. The study, conducted by Northwestern University and published in the journal American Journal of Clinical Pathology, looked at the placentas of 16 pregnant women who had tested positive for COVID-19. Thought the sample size is small, this is still the largest…

If you use electronic devices such as electronic cigarettes, vaporizers, smartphones, laptops, or other mobile device, then you most likely use lithium-ion batteries. These batteries are usually the power source for these types of devices. The key to whether any of these devices operate safely is whether the battery overheats. In recent years, there have…

Individuals who suffer from a mild traumatic brain injury may recover in just a few months of sustaining the initial injury. Some symptoms can clear up in about 30 days. However, a percentage of concussion victims experience symptoms beyond a six-month period. When this occurs, a doctor may diagnose the patient with post-concussion syndrome (PCS).…

Electric bicycles are popular around the world. Millions of people around the world own an electric bike. Electric bikes cost $1,000 or more. An electric bike is powered by rechargeable lithium batteries. Riders use the electric motor to power them through hills, headwinds, or fatigue. These bikes can also travel as far as 60 miles…

Parents put their trust in the manufacturers of the baby products they purchase, believing the manufacturer has tested the products for all foreseeable uses and that the products will cause no harm. When a responsible manufacturer of baby products learns that its product is dangerous for foreseeable uses, it takes steps to minimize the damage…