James C. Lewis will be leaving the firm to serve as a judge in

Virginia Beach for the 2nd Judicial Circuit. Jim has practiced

personal injury and medical malpractice law for over 30 years. His

breadth of experience as a trial attorney is unparalleled.

Jim’s success in the courtroom earned him a great reputation in

the legal community. He attained the highest rating granted to

attorneys from Martindale-Hubbell (AV Preeminent). He continues

to be recognized as a Virginia “Super Lawyer” in Law & Politics

Magazine, and as a “Best Lawyer” for medical malpractice law in

the “Best Lawyers in America” publication (published by U.S. News & World Report).

Jim attended the University of Virginia where he received his bachelor’s degree, with distinction,

and went on to receive his law degree from the College of William and Mary. He teaches Trial

Advocacy in the evenings as an Adjunct Professor at William and Mary Law School.

In addition to being a great attorney, Jim is also a great person. He helped organize numerous

charitable events for the firm, including the Promise Places Plane Pull where members of the

firm raised money to help provide supervised residential houses in a neighborhood setting for

adults with mild to moderate mental disabilities.

We are sorry to see Jim go, but we fully appreciate how momentous this accomplishment is

and wish him all the best while serving on the bench. The firm will now be known as Shapiro,

Appleton & Duffan, P.C.

Firm Partner Jim Lewis Appointed to Serve as Virginia Beach Circuit Court Judge

page 2Firm News &

Announcements

Featured Practice Areas

page 3Devastating Consequences

of Medical Misdiagnosis

Importance of Med Pay Benefits

what’s inside

We’re Socialfacebook.com/

ShapiroLewisAppleton

andDuffan

Shapiro, Lewis, Appleton, & Duffan, P.C 800-752-0042 www.HSInjurylaw.com

Virginia Beach Norfolk Portsmouth Hampton Elizabeth City, NCSuffolk

ALL WE DO IS INJURY LAWShapiro, Lewis, Appleton, & Duffan, P.C.

Winter 2014 Newsletter

Jim Lewis

FIRM NEWS & ANNOUNCEMENTS

FEATURED PRACTICE AREAS

2Shapiro, Lewis, Appleton, & Duffan, P.C 800-752-0042 www.HSInjurylaw.com

Virginia Beach Norfolk Portsmouth Hampton Elizabeth City, NCSuffolk

Once again, the attorneys at Shapiro,

Lewis, Appleton & Duffan were

recognized as a “Best Law Firm” by the

publication U.S. News & World Report.

The firm is rated as a Tier 1 “Best Law

Firm” for medical malpractice and

railroad worker injury law for the

Norfolk, Virginia region. The firm was

also highly rated for general personal

injury law.

“Best Law Firms” rankings are

determined by a rigorous evaluation

process that includes collecting

evaluations from clients and fellow

lawyers, peer reviews from leading

attorneys in their field, and reviewing

additional information provided by the

firms. No law firm can pay to be listed.

Data is combined into an overall

score for each firm. This data is then

compared to other firms within the

same metropolitan area and at the

national level, according to U.S.

News & World Report. Because firms

are often separated by insignificant

differences in overall score, the

publication uses a tiering system

rather than simply ranking law firms

from top to bottom.

The attorneys at our firm are honored

to be recognized as a top tier firm in

the Norfolk and Virginia Beach region.

Firm Maintains Top Rating as a “Best Law Firm” for Injury Law

Many railroad workers with 30 or more years of railroad

service, who worked in various jobs, have been diagnosed with

cumulative trauma injuries which are also called “where out”

injuries or repetitive stress injuries. If you meet the following

claim criteria, please call Randy or Rick at the law firm to

discuss your potential claim with us:

• At least 30 years of total railroad work;

• Currently impaired from cumulative trauma injuries, or

disabled from railroad cumulative trauma injuries, within

the last 24 months;

• Neck or low back surgery, hip replacement or knee

replacement.

If you meet all of these criteria above and have not settled

your claim previously, please contact us for a free confidential

consultation.

Railroad Cumulative Trauma Claims

Our firm has handled multiple DePuy ASR hip replacement recall cases. We recently learned that the court handling the DePuy

litigation has re-opened the class so new claimants may enter. This means that if you or a loved one was harmed by a DePuy hip

replacement device, you should take immediate action to see if you can get involved.

DePuy ASR & Pinnacle Hip Replacements

Many low testosterone (i.e. Low T) drugs like Axiron, Testim, Androgel, etc. have been linked to life-threatening side effects such

as heart attack, stroke, and deep vein thrombosis. If you or a loved one took, or are currently taking, a Low T prescription drug and

suffered one of these horrific side effects, contact our firm to discuss your legal options.

Low-Testosterone Drug Therapy

A shocking article published in the Wall Street Journal

revealed that thousands of people are seriously harmed or

die as a result of preventable medical misdiagnosis. In fact,

as many as 160,000 patients are permanently injured or

die each and every year because of misdiagnosis, according

to researchers at Johns Hopkins University. Not only are

diagnostic problems more common than other medical

mistakes, they are actually more likely to harm patients.

“Diagnostic error is probably the biggest patient-safety issue we

face in health care, and it is finally getting on the radar of the

patient quality and safety movement,” said Mark Graber, a Veterans

Administration physician and fellow at RTI International, according

to the Wall Street Journal article.

So what can be done to address this issue? Well, one idea

mentioned in the article is automation. This would entail

using computers to analyze medical records for potential

“bad calls”, or to alert doctors to follow up on the computer’s

results.

Another idea is to have devices, tests, and other online

services that help doctors identify diseases and conditions

more accurately.

Along with these ideas, there is a movement to develop

methods to identify and measure diagnostic errors so there

is a way to reasonably track how often doctors make a

misdiagnosis.

Many people aren’t aware of a supplementary insurance

coverage known as “medical expense coverage”, or Med Pay,

and how this coverage can help you and your loved ones

following a serious car accident. Med Pay sounds somewhat

redundant to carrying health insurance coverage and is not

required in every state, so many people quickly dismiss this

supplemental coverage.

Big mistake.

Med Pay coverage is one of the best bargains in the auto

insurance industry. As a lawyer who has represented

hundreds of auto accident victims, I have seen firsthand

how Med Pay coverage can provide much-needed financial

assistance during a difficult time.

The limitations of most health insurance policies, combined

with slow-moving insurance settlements, can result in

outstanding medical expenses that need to be paid. This is

where Med Pay steps in and helps.

In the simplest of terms, Med Pay kicks in and covers

medical bills up to your coverage limit. Med Pay is

distributed without determining fault in the accident and is

accessible to you, your family and anyone else in the vehicle

during an accident. The coverage moves with you while you

are a pedestrian or in any vehicle. It also moves with your

insured vehicle and usually carries no co-pay or deductible.

It can take several months for the other party’s insurance

company to pay your medical bills. Although your health

insurance might pay, high deductibles and co-pays are a

concern. Med Pay gives you an immediate funding source to

cover medical bills, co-pays and deductibles. It also covers

a variety of out-of-pocket costs that your health coverage

doesn’t, including but not limited to, dental, chiropractic,

ambulance fees and more. In the 12 ‘no-fault’ states, Med

Pay can even pick up the co-pay on the “personal injury

protection,” or PIP, portion of your car insurance or 100

percent coverage after your PIP has been exhausted.

Med Pay policy limits, unlike liability coverage, does not

refer to the total available coverage but rather the amount

available to each covered individual. Generally speaking, if

you, your spouse and your kids are injured in a crash, each of

you could collect the limit amount on your Med Pay coverage.

However, your insurer won’t pay the same bills under both

your liability coverage and Med Pay.

If you aren’t sure what coverage you have and what your state

required laws are, contact your insurance agent. In some

cases the cost of moving from $2,000 a month to $10,000 a

month in Med Pay can be just $10 per year.

Devastating Consequences of Medical Misdiagnosis

Importance of Med Pay Benefits

by Kevin Duffan

by Richard N. Shapiro

3Shapiro, Lewis, Appleton, & Duffan, P.C 800-752-0042 www.HSInjurylaw.com

Virginia Beach Norfolk Portsmouth Hampton Elizabeth City, NCSuffolk

This publication is intended to educate the general public about personal injury, medical malpractice, and other issues. It is for information purposes only and is not intended

to be legal advice. Prior to acting on any information contained here, you should seek and retain competent counsel. The information in this newsletter may be freely copied

and distributed as long as the newsletter is copied in its entirety.

ALL WE DO IS INJURY LAWShapiro, Lewis, Appleton, & Duffan, P.C.

1294 Diamond Springs RoadVirginia Beach, VA 23455(800) 752-0042www.hsinjurylaw.com

ALL WE DO IS INJURY LAWShapiro, Lewis, Appleton, & Duffan, P.C.

Winter 2014 Newsletter

Download our firm's new

mobile app. Use it for quick

legal advice and to keep

track of medical bills and

physical therapy visits.

Firm Partner Jim Lewis Appointed to Serve as Virginia Beach Circuit Court Judgepage 1