Document Library
On the page below you can find links to documents, reports, publications and discussions provided by Law Offices of Richard J. Serpe, P.C..
The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.
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Lead Poisoning
- Neuropsychological Tests: Direct and Cross Examination by Plaintiff's Counsel [PDF]
Virginia and National Attorney Richard Serpe offers advice on how to prepare for and conduct both cross examination and direct examination of a neuropsychologist in a lead poisoning case. - Litigating Claims for Lead Poisoned Children [PDF]
On October 14th, 2007, Judge John Morrison of the Norfolk Circuit Court awarded Chauncey Freeman $1,500,000 following a bench trial. This was only the second verdict for a lead poisoning victim in Virginia. This case brought together a microcosm of the
issues faced by litigators evaluating and representing victims in lead poisoning cases. This paper presents 10 key lessons that are essential to success in this specialized type of litigation. - Testing for Lead in Consumer Items for Children fact sheet from National Center for Healthy Housing can help victims of lead poisoning [PDF]
The recent recalls of children’s toys, jewelry, clothing and other products have prompted consumers to seriously consider what lead hazards may be in their homes. When it comes to lead, the greatest hazard is most likely invisible lead dust from deteriorated lead-based paint. If you live in a home built before 1978, have a licensed lead risk assessor check your home. Parents or caregivers should consult their child’s pediatrician about getting a blood lead test if they believe their child may have been exposed to lead. - Richard Serpe's Update on Lead Poisoning Litigation [PDF]
National Speech given by Richard Serpe on Lead Poisoning topics include: Norfolk and Richmond, IQ Loss, new advances in lead medicine, epidemiology, landlord tenant, housing authorities, municipalities, injuries other than IQ loss or brain injury - Lead Poisoning in your Home, How do you know?
Are you worried about lead poisoning in your home? Read this site for a guide to determine whether or not your home has lead-based paint, or call toll free 877-544-LEAD (5323) - November 2007 CDC Guide for Blood Lead Levels < 10ug [PDF]
This report summarizes the findings of a review of clinical interpretation and management of BLLs <10 µg/dL conducted by CDC’s Advisory Committee on Childhood Lead Poisoning Prevention. This report provides information to help clinicians understand
BLLs <10 µg/dL, identifies gaps in knowledge concerning lead levels in this range, and outlines strategies to reduce childhood exposures to lead. In addition, this report summarizes scientific data relevant to counseling, blood lead screening, and lead exposure risk assessment. - Nov. 2007 CDC Guidance Appendix [PDF]
Appendix to the Nov. 2007 CDC Guidance - Lead Exposure – Symptoms, Treatment, and Advice for your Family
If you suspect that you or somebody in your family – a child, perhaps – has been exposed to lead, you may be wondering what to do now. What are the symptoms? Are there tests you can do yourself? What tests can your doctor or pediatrician run for you? What is the treatment for lead exposure? Are there any long-term health effects? The law office of Richard J. Serpe has put together this helpful summary of facts for anybody who is worried about lead exposure. - Recall Madness – Who is Testing Our Toys?
Toy recalls have dominated the news over the last few months, and parents and caregivers are wondering what the government and toy manufacturers are doing to ensure product safety. This article from the law offices of Richard J. Serpe, P.C. reveals some surprising facts, such as the legal use of lead in plastic toys and limitations of the CPSC’s oversight. Don’t take chances with your family’s health. If you are concerned about toxic toys and lead poisoning, contact Richard Serpe immediately for a no cost and no obligation consultation. - Think lead poisoning is all media hype? Think again!
Don’t believe that lead poisoning is really a problem? It is – that’s no lie. In fact it isn’t just an issue in the United States, it is in fact a very serious problem world-wide – particularly in developing nations. The statistics are shocking, and some of the numbers may actually make you an advocate for those stricken by lead poisoning. The Virginia based law office of Richard J. Serpe, P.C. is passionate about preserving the rights of individuals and families affected by lead exposure. Contact us today if you need a knowledgeable legal team to fight for your rights. - LeadCheck Swabs Have 64% Failure Rate
A company called Hybrivet Systems has been selling a lead detection kit since 1992. A recent study shows that thier LeadCheck system has a very high failure rate. - Plaintiff's Brief: Defendant's failure to comply with BOCA [PDF]
Richard Serpe's July, 2007 brief demonstrating that BOCA provides a cause of action for people receiving personal injuries as a result of a property owner's violation of code. - Is Brain Damage from Lead Permanent?
reveiw of key studies that help answer question "Is brain damage permanent?" by Lead Poisoning Lawyer Richard J. Serpe - Fisher-Price recalls lead based paint toys: steps parents can take to protect their legal rights
Lead Poisoning Lawyer Richard J. Serpe provides guidance to parents whose children may have been exposed to lead toys from China. - EcoNugenics Develops Safe Antidote for Lead Toxicity in Children
Virginia Lead Litigation Attorney Richard Serpe, is delighted to share this news: EcoNugenics has developed a safe antidote for Lead toxicity in children.
Automobile Accidents
- The 6 Most Common Causes of Automobile Crashes
Norfolk, Virginia attorney Richard Serpe lists the most common causes of automobile crashes in the United States. Before you hit the road you need to be aware of the dangers that await you and arm yourself with the best defense, knowledge, out there. If you should get into an accident, the Law Offices of Richard Serpe is ready and able to help you protect your rights during a chaotic time. - Top Safe Automobiles for 2008 – and Some Surprises
The Insurance Institute for Highway Safety (IIHS) recently released its Top Safety Pick award winners for 2008. The law office of Richard J. Serpe has put together this summary of the 2008 IIHS results to help Virginians stay safe and informed about the vehicles they buy. Consumers wanting the best and safest vehicle for their family should consider the IIHS findings when shopping for a new vehicle, and they should also be aware of some of the surprises this year. There were few American automobiles on the list, and not a single minivan performed well in low-speed crash tests. Consumers should also keep in mind that IIHS and NHTSA testing may not reflect the “real world” safety of trucks. - Safety Tips for Avoiding Automobile Accidents
The State of Virginia is on-track to hit 1,000 traffic accident fatalities this year, which probably has you wondering what you can do to keep safe on the roads. Various Federal and State agencies have tips for safe driving, everything from buckling up to being extra-cautious while driving at night. Richard J. Serpe is concerned about your safety on the roads this holiday season, and urges you to follow these tips to keep safe. If you or somebody you love is injured in an automobile accident, please contact Mr. Serpe immediately. - Kids in Car Accidents – The Importance of Specialized Research
Auto accident research has been steadily improving over the years, and recent innovations involving pediatric car crash dummies, real crash test data, and virtual computer modeling are contributing to improved auto safety features. - How Motorcyclists Can Avoid Accidents on the Road
Motorcycle injuries can be very serious, and are often more debilitating than those sustained by car or truck drivers involved in similar crashes. While riders can’t prevent a wayward motorist from hitting them, they can improve their odds with these five safety tips. - What Car Drivers Need to Know About Truck Accidents
Because large trucks account for about 1,300 accidents a year in Virginia, it is important that motorists educate themselves about the dangers of truck accidents and know ahead of time what to watch out for if they’re involved in a collision with a tractor trailer. - What Car Drivers Need to Know About Truck Accidents
Because large trucks account for about 1,300 accidents a year in Virginia, it is important that motorists educate themselves about the dangers of truck accidents and know ahead of time what to watch out for if they’re involved in a collision with a tractor trailer. - What Car Drivers Need to Know About Truck Accidents
Because large trucks account for about 1,300 accidents a year in Virginia, it is important that motorists educate themselves about the dangers of truck accidents and know ahead of time what to watch out for if they’re involved in a collision with a tractor trailer. - Top Ten Worst automobile Insurance companies: Accident victims should not think their car insurance company is on their side
STOP before you damage your serious injury claim by dealing directly with one of these TOP TEN worst insurance companies. Get help from an accident lawyer at Law Offices of Richard Serpe, toll free 877-544-5323 - 10 rules for dealing with insurance companies after you have been in a car accident
If you have been seriously injured in a motor vehicle accident in the Norfolk, VA area the insurance companies will do their best to limit the benefits you receive for your injuries. Victims need to know and understand their rights BEFORE dealing with the insurance companies. - Avoid automobile accidents: Drive Smart Virginia promotes programs to improve automobile safety for Virginia drivers
DRIVE SMART Virginia (DSV) is the only 501c3 non-profit in Virginia dedicated entirely to making Virginia's roadways the safest in the nation. Founded by automobile insurance companies that represent more than 85% of the driving insured on Virginia's roads, DSV is a formidable presence in the homes and businesses of Virginia citizens. Almost everyone rides or drives in a motor vehicle daily. That makes car crashes the most indiscriminate killer in existence. - Drunk and Distracted – Fighting Back Against Bad Drivers
If you’ve been the victim of an automobile accident, then you can probably guess some of the causes for the large number of injuries and deaths on America’s roads. Driver intoxication, distracted drivers, driving and texting, speeding, fatigue – the list goes on and on. If you’ve been injured or have lost a loved one because of another driver’s negligence you may want to know what is being done to keep drunk and distracted from wreaking further havoc on Virginia’s roads. - Taking the Kids for a Ride – Tips for Staying Safe and avoiding car accidents
Distracted drivers are a major source of accidents on American roadways, and parents are no exception. In fact, driving with passengers – especially little ones in the backseat – can cause a usually safe and cautious driver to become distracted and make dangerous mistakes. It is a good idea to constantly remind yourself that even taking your eyes or your attention off the road for “just a second” can result in disaster. - What Makes Teenagers Such Bad Drivers?
What makes teenagers such bad drivers? Most people can guess why teens and cars are such dangerous mixes. Teenagers are more likely to engage in and enjoy risky behavior than older people. Teens are new to driving, and like any new skill it takes time to learn one’s limitations and develop the coordination needed to navigate a busy road (and ignore distractions like cell-phones, music players, or loud friends). What is less well understood is why risky behavior is so appealing and what it really takes to develop the skills needed to become a “good” driver and avoid auto accidents. - Need Repairs after an Auto Accident? Beware of Scammers!
If you’re been in an auto accident, one of the hurdles you’ll have to jump is getting your vehicle repaired to your satisfaction. Not only will you have to deal with the insurance company, but you’ll also have to find a body shop that you trust to perform the work. Most mechanics and body shops are honest and dependable, however there are enough scam artists out there that you need to be aware of potential problems. - New Law Aims to Enhance Auto Safety for Children
Few people consider the non-traffic dangers of automobiles. However according to Kids and Cars, in the last 7 years over 1,350 children died in non-traffic incidents. While this is only about 10% of all automobile deaths each year – the remainder can be attributed to auto accidents – advocates say it’s a significant enough number to warrant further government oversight. The good news is that on February 29, 2008 President Bush signed the Cameron Gulbransen Kids Transportation Safety Act into law, which supporters hope will prevent many needless injuries and deaths. - Making Virginia's roadways safer to avoid serious injuries in automobile accidents: Click It or Ticket – Getting Serious About Seat Belts
Seat belt use can dramatically improve your odds of surviving in an auto accident. Virginia police are participating in a nationwide effort to educate the public about the importance of seat belt use, in the NHTSA supported “Click It or Ticket” campaign. - Virginia’s 2008 Highway Safety Plan to help reduce car accidents
The Virginia Highway Safety Office proposed a number of measures in their 2008 Highway Safety Plan intended to address the biggest problems on Virginia’s roadways today. They are working to address occupant safety, impaired driving, traffic record access, motorcycle safety, and aggressive driving and speeding.
Traumatic Brain Injury
- Traumatic Brain Injuries: Why Experience Counts
Virginia attorney brings an important element to brain injury cases: Experience. - Traumatic Brain Injury – What You Need to Know
Few things are more chilling than finding out that you or someone you love is suffering from a traumatic brain injury (TBI). According to the Brain Injury Association of America, of the 1.4 million who sustain a TBI each year in the United States 50,000 die, 235,000 are hospitalized, and 1.1 million are treated and released from an emergency department. Sometimes a brain injury is easy for doctors to diagnose, other times diagnosis eludes medical professionals, even though patients and their families know something is wrong.
Medical Malpractice
- The Medical Malpractice "Crisis:" Blaming the Victim
In many medical malpractice cases, profit-minded insurance companies go out of their way to make the victim feel like they have done something wrong. Virginia attorney Richard Serpe has the experience and dedication to help you get past the allegations and mistreatment, and will help bring the focus of your case back to what’s really important. - Hospital Infections: A Serious Epidemic
A recent editorial in The New York Times claims that 100,000 people die of staph or other hospital infections. - Melanoma Misdiagonsis: More Common Than You Think
Renowned Virginia Attorney Richard Serpe is currently accepting cases involving patients who have had their illnesses misdiagnosed or diagnosed too late. For a free legal consultation, contact our offices today. - Medical Malpractice Insurers: Pleading Poverty From the Land of Plenty
Yet another report has been released detailing how medical malpractice insurance companies are keeping their rates high, even though there payouts on claims and settlements has declined. - Avoiding Surgical Errors and Medical Malpractice
If you need surgery, make sure you don't trust your safety to just anyone in a white coat. Not all medical professionals are created equal, and with a little homework you can reduce your chances of becoming the victim of a surgical error and facing the terrible ordeal of a medical malpractice case. - Are Doctors too Cozy with Drug Makers?
With concerns about healthcare costs, prescription drug safety, and medical malpractice rising, you might be wondering about the influence large pharmaceutical companies have on your doctor. Just consider the blockbuster failures of dangerous – and now off-the-shelf – drugs like Fen-Phen and Vioxx. You might be interested to know that recent studies have confirmed what we’ve all long suspected – drug company marketing does in fact influence the care that you receive. - Avoiding Hospital Acquired Infections
Hospital acquired infections (HAI) are one of the top 10 causes of death in the United States, and every year 1.7 million Americans are infected and more than 100,000 people die from HAIs. However, these infections are largely preventable. There are steps that both patients and healthcare workers can take to ensure that patients make it out of the hospital without acquiring an unexpected infection. - Heparin Deaths Reveal Troubles with FDA, Supply Chain
Four recent deaths and numerous serious reactions have caused Baxter Healthcare to temporarily cease manufacture of their multiple-dose vials of the injectable blood-thinning drug heparin. These reports have triggered further investigation into Baxter’s manufacturing and quality control processes, and have highlighted some troubling facts about how medications are made, not to mention more worries about the lack of appropriate FDA oversight in the process. - Virginia Medical Malpractice Statute of Limitations [PDF]
Virginia Medical Malpractice Statute of Limitations
Jones Act and Maritime Injury
- Use of expert witnesses by attorneys in Admiralty Proceedings [PDF]
In this article, Paul Sterbcow, partner at Lewis, Kullman & Sterbcow (New Orleans) discusses how Maritime practitioners face potential hazards and critical decisions in their use of expert witness. Improper use of an expert can be fatal to a case. This paper reviews issues involved in the use of experts in litigation, with a focus on maritime law and the Federal Rules of Civil Procedure, as much maritime litigation occurs in federal court. Practical considerations for the practitioner area also discussed. - CHOICE OF COURT, CHOICE OF LAW, AND CHOICE OF TRIER OF FACT [PDF]
Paul Sterbcow of LEWIS, KULLMAN, STERBCOW presented the attached lecture at 3rd JUDGE ALVIN B. RUBIN CONFERENCE ON MARITIME PERSONAL INJURY LAW. This paper seeks to discuss some factors involved in “forum selection,” i.e., where to file the lawsuit and whether to ask for a judge or jury to decide your client’s case. - Maritime Death Remedies Revisited [PDF]
This is a thorough examination of the legal options for the surviving family members of those who have died while at sea. - Discussion of Select 1996 Maritime Cases [PDF]
A discussion of important maritime legal cases that occurred in 1996. - Maritime Personal Injury From the Plaintiff Perspective - 10/23/07 seminar by Richard Serpe [PDF]
Richard Serpe spoke at the October 23, 2007 seminar entitled, "Handling Marine Claims - Including Recent Development". View his written materials here.
Toxic Torts
- How Toxic is Virginia's Air?
Air pollution is a serious issue in the United States, and air pollutants like ozone, particle pollutants, carbon monoxide, sulfur dioxide, and lead have all been linked to a variety of health conditions. Some of these conditions include heart attacks and strokes, nervous system and brain damage, bronchitis, asthma, and premature death just to name a few. This article will explain how Virginia’s air compares to the rest of the U.S., explains some sources and effects of pollution, and asks if lawsuits can really make a difference. - DuPont and Virginia: What Chemicals are we Breathing Right Now?
DuPont Chemical Corporation was recently ranked number 1 on a list of the worst air polluters in the country. They have four plants in Virginia, and they have put a great deal of toxins into out atmosphere.
General
- May is National Arthritis month- arthritis does not just impact Seniors- accident victims too! [PDF]
Most people know that arthritis can be a very painful
and debilitating condition. Arthritis is not just a health concern for senior citizens. Arthritis symptoms affect nearly 46 million Americans. That is nearly 1 in every 5 adults! That makes arthritis one of the
most prevalent diseases in the United States. Arthritis can develop after a person has been in an accident. For more information, read the article by Optima Health about Arthritis Awareness Month. - Toys and Childhood Lead Exposure [PDF]
Lead is a well known hazard. Children may be exposed to lead from toys that have been made in other countries and then imported into the country, or from antique toys and collectibles passed down through generations. The U.S. Consumer Product Safety Commission (CPSC) issues recalls of toys that could potentially expose children to lead. - "Frivolous" Lawsuits?
The Serpe Law Firm specializes in complex litigation with multiple defendants. As an attorney that has represented victims of corporate pollution and mass toxic torts, Richard Serpe can verify that there is very little that is "frivolous" about a lawsuit. - The Dangers of the $54 Million Pants Case
The $54 Million pair of pants lawsuit is dangerous for everyone, and not for the reasons that you might think.