Posts By: kedwards

Oxner + Permar Welcomes Attorney Paul Daniels to the Personal Injury Team

Personal Injury

Oxner Permar + Richardson PLLC is pleased to announce that Attorney Paul A. Daniels has joined the firm’s Personal Injury Department. Paul is a veteran lawyer with more than 18 years experience. He began his career as an insurance defense lawyer where he litigated hundreds of cases, provided insurance coverage opinions to clients and successfully handled a large number of appeals to North Carolina appellate courts and the 4th Circuit Court of Appeals.

In 2010, Paul left the world of insurance defense and has been representing injured people since. At Oxner Permar + Richardson PLLC he will continue to represent good people who have been injured by the negligence of others in automobile collisions, tractor-trailer accidents and slips and falls. He also handles other premises liability cases such as dog bites and defective property conditions. Paul’s experience representing insurance companies for many years gives him a unique insight, and allows him to provide the highest quality representation to his clients. Paul is admitted to practice in all North Carolina state and federal courts, the 4th Circuit Court of Appeals in Richmond, and is admitted to practice law in Virginia, where he is an associate member of the Virginia Bar.

Paul and his wonderful wife, Melody, have been married for 28 years. They have two lovely daughters and two small dogs, Buttercup and Tootsie. In his non-working time, Paul enjoys spending time with his family, working in his yard, playing basketball, reading and traveling.

What is Underinsured Motorist (UIM) coverage – and do you really need it?

Personal Injury

In North Carolina, motorists are required to buy automobile liability insurance with limits of only $30,000 per person and $60,000 per accident to protect others from their carelessness. Because it’s all that is required, that’s all most people have. That means that most drivers on our highways have policies that will pay, at most, $30,000 for each person injured by that driver’s carelessness, and no matter how many people are injured, the most that the driver’s insurance company will pay is a total of $60,000. If you have been to the doctor’s office or the hospital you know how expensive modern medicine is, and it’s easy to understand that $30,000 is not a lot of money, medically speaking. Moreover, people injured in automobile collisions may be out of work and have lost wages and other expenses. It is easy to see that the insurance required in North Carolina can be woefully inadequate to compensate those injured by inattentive drivers. Fortunately, there is a way motorists can protect themselves from careless drivers who have only minimum limits policies. It’s called Underinsured Motorist (UIM) coverage.

UIM is insurance you purchase. It pays you if you are injured by another driver when that driver does not have enough liability insurance to compensate you for your injuries. UIM coverage is purchased through your insurance agent along with your insurance policy. North Carolina law requires insurers to provide UIM to drivers who purchase policies with liability limits greater than the minimum limits of $30,000 per person/$60,000 per accident. So, if you buy an auto policy with liability limits of $50,000 per person/$100,000 per accident, for example, you automatically will receive UIM coverage in the same amount.

On its face this makes no sense – the accident wasn’t your fault, why should your own insurance company have to pay? Well, this is the world we live in! One of the hardest parts of my job is telling a client that the at-fault driver did not have enough insurance to pay the bills and the client has no UIM coverage to cover the shortfall. The only prudent way for drivers to protect their families is to purchase UIM insurance – and lots of it. I recommend everyone get the maximum, $1,000,000 per person/$1,000,000 per accident. And as far as insurance goes, UIM is quite inexpensive.

Don’t wait to be injured by a driver with a small insurance policy. Talk to your insurance agent about UIM coverage today.

Inferior Vena Cava (IVC) Filter Failures and Bard’s Cover Up: Part 1

Dangerous Drugs & Devices

As many as 250,000 Americans are implanted with IVC Filters every year, making it one of the most popular medical devices in the country. These small, spider-like nets are implanted into a patient’s blood stream as a filter to prevent dangerous blood clots from traveling to the heart and lungs.

However, these devices come at a deadly cost. A recent NBC News investigation revealed that as many as 27 deaths have been associated with the Recovery Filter, manufactured by medical giant CR Bard. We’ve posted the NBC News video at the bottom of this page for your convenience.

Worse, after learning of the damage its product was causing, Bard never took steps to make the product safer or remove it from the market. Instead the executives at Bard turned to Hill and Knowton, the masterminds behind big tobacco’s media strategy. Together, the two companies formulated a plan to downplay the risks of the Recovery Filter and mislead the public in order to protect share prices. Bard also commissioned a confidential study that revealed the serious risk of filter fracture, migration within the blood stream and death but, again, did nothing to remedy the problem.

Bard’s scheme of misinformation was so successful not even doctors were aware of how deadly IVC Filters could be. This put patients like Dodi Froehlich, a 45-year-old mother of two, perilously close to death. In 2004, she was implanted with Bard’s Recovery Filter following a car accident. Several months after it was implanted, she was rushed to a hospital after her heart stopped beating. Doctors had no choice but to perform emergency surgery to remove a metal shard which had broken off from the filter and migrated to her heart.

Now, there are thousands of patients implanted with IVC Filters walking around every day. Many have already been injured. If you or a loved one suffered injury because of a defective IVC Filter, you may be entitled to compensation. Contact Us to Learn More!

This article is part one of Oxner Permar + Richardson’s series on Inferior Vena Cava (IVC) filters.

Inferior Vena Cava (IVC) Filter Failures and Bard’s Cover Up: Part 2

Dangerous Drugs & Devices

We already know that IVC Filters are dangerous. We also already know that the manufacturers knew of the dangers but did nothing to protect the public. But did medical giant CR Bard, in order to obtain approval for their product, go so far as to forge a doctor’s signature on an application to the FDA?

Shockingly, that’s exactly what the second part of an NBC Nightly News investigation into IVC Filters revealed. Watch the video at the bottom of this page to see the signatures for yourself.

In 2002, Bard’s initial application for approval of the Recovery Filter was denied by the FDA. As part of its second attempt, Bard hired Kay Fuller, a senior regulatory affairs specialist, to assist with the application. Fuller brought her concerns to Bard officials and requested additional information after a clinical trial highlighted the product’s potential dangers. But instead of remedying the problems or giving Fuller the data she requested Fuller says Bard officials threatened to fire her if she didn’t stop asking questions.

Fuller refused to sign off on the application and left the project. Yet somehow her signature appeared on a critical FDA filing.

“That signature’s not mine,” Fuller told NBC, adding that she had no knowledge that her signature was included until recently. The FDA declined to comment on NBC’s report and Bard officials refused to be interviewed.

The NBC story also put a human face on the deeply tragic consequences of Bard’s greed. Gloria Adams, 55, was implanted with a Recovery Filter after suffering a brain aneurism. A week into her recovery a piece of the filter punctured her heart, killing her.

About 250,000 filters are implanted every year and many are never removed. If you or a loved one have been injured by an IVC Filter, you may be entitled to compensation. Contact us to find out more.

This article is part two of Oxner Permar + Richardson’s series on Inferior Vena Cava (IVC) filters.

What Should I Do After a Car Wreck?

Personal Injury

Victims of car accidents are often in situations that they don’t understand or know how to deal with. In addition there may be medical issues or insurance questions. To protect your rights, you need to know what to do after an accident.

The personal injury attorneys at Oxner Permar + Richardson have decades of experience helping accident victims get fair compensation for their injuries. Here are a few tips about what to do if you are in a car wreck.

  • 1. Gather Information:
    • a. At the accident: Get, or ask someone else to get, pictures of the scene and the vehicles involved. Get the names and phone numbers of people who saw the accident.
    • b. A few days later: Get a copy of the police officer’s accident report. This report typically includes what each person said, any witness comments, and a picture showing the vehicles positions. The report may be available online within a few days after the accident. The accident reports are helpful but sometimes incomplete or not quite accurate.
  • 2. Document your injuries: If you go to the hospital be sure to tell your doctors everywhere you hurt. Don’t be afraid to ask questions and make sure that your doctor understands exactly what your problems are. It is important to know that the other driver’s insurance company is not going to pay your medical bills, or pay you anything, until your case settles. So, if you have health insurance – use it! Using your health insurance will allow you to get medical care when you need it and keep your medical providers from sending your bills to collection agents.
  • 3. Expect a phone call: You may also receive a telephone call a day or two after the accident from an insurance adjuster who represents the other vehicle’s driver. Adjusters typically ask detailed questions about how the accident happened, the extent that your vehicle was damaged, and the nature of your injuries, if any. Be aware, however, that some of the questions asked by the adjuster are designed to determine whether you may have done anything that would indicate that you were at fault. For this reason you may wish to decline speaking to the adjuster beyond telling the adjuster that you were injured, you need a rental vehicle, and/or that you need to have your vehicle repaired, until you have the chance to speak with an attorney.
  • 4. Call your insurance company. Ask your insurance agent if you have “Medical Payments” coverage on your policy. This type of insurance may pay $1,000, $2,000, $5,000 or more towards your medical bills. That money can help you to pay for deductibles and co-pays that begin piling up after an accident.

Don’t worry! Now you know what to do if you’re the victim of a car accident. We hope it never happens to you but if it does you can always give us a call to speak with an experienced personal injury attorney.