News and Tips Archives - Affolter Gannon Attorneys at Law

Andrew Gannon Sworn In

Michael Gannon — Thu, 02 Feb 2017 19:20:07 +0000

We are proud and excited to announce that, on January 13, 2017, Andrew Gannon was sworn in as a Vermont attorney by Judge Dennis Pearson in the Costello Courtroom in Burlington. Andrew’s admission to the bar was moved by his dad, Mike Gannon. Andrew joins the firm as an associate lawyer working in civil litigation.

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Affolter Gannon Attorneys Selected as Vermont Top Lawyers

Michael Gannon — Wed, 21 Dec 2016 18:00:18 +0000

Michael Gannon and Dick Affolter have again been named as Vermont Top Lawyers by Vermont Business Magazine. The annual selection picks the best lawyers in various areas of practice. Mike and Dick were selected as tops in civil litigation. Affolter Gannon focuses its practice on helping injured Vermonters. The firm’s lawyers are among the most experienced in Vermont in personal injury, particularly motor vehicle claims. Mike and Dick have been very successful winning settlements and verdicts for Vermonters hurt in auto and truck accidents, bicycle collisions, motorcycle crashes, commercial and residential accidents. Mike and Dick have also won for clients seriously injured by medical malpractice. Injuries have included traumatic brain injuries (TBI), spinal harm, paralysis, birth trauma, cerebral palsy and also wrongful death.

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Affolter Gannon launches TV outreach

Kristen Smith — Sat, 25 Jun 2016 14:24:50 +0000

This summer, we’ve been working with The Imagination Company of Bethel to re-focus our communications and reach out to injured Vermonters seeking council all across the state. Our new TV ads featuring senior partner, Michael J. Gannon, show the commitment and passion we have for our work helping seriously injured Vermonters and their loved ones recover fair compensation.

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High court sends malpractice lawsuit back for further review

Kristen Smith — Sat, 10 Oct 2015 16:18:01 +0000

By Susan Smallheer

Published in the Barre Montpelier Times Argus | October 10, 2015

MONTPELIER — The Vermont Supreme Court has ruled in favor of a Perkinsville man who lost the sight in his left eye because of an infection he got immediately after cataract surgery performed by Dr. Richard Lane, of Springfield.

The court ruled that two lower court judges erred when they granted a motion for summary judgment in favor of Lane over the complaint brought by Dow Tillson and his wife.

The court decision, written by Chief Justice Paul Reiber, said the summary judgment dismissal was premature and reversed the earlier decisions by Judges Mary Miles Teachout and Theresa S. DiMauro. The court sent the complaint back to Windsor Superior Court for continued hearings.

According to the decision, Tillson had chosen to have a cataract removed from his left eye. Lane performed the surgery at Springfield Hospital, and within 24 hours of surgery, Tillson developed an eye infection.

“Dr. Lane made a presumptive diagnosis of endophthalmitis, but did not refer Mr. Tillson to a retinologist for treatment. Within 48 hours of surgery, Mr. Tillson was permanently blind in his left eye,” the Supreme Court decision said.

The high court wrote that an expert hired by the Tillsons, Dr. Jonathan Javitt, of Johns Hopkins University School of Medicine, was “sufficient evidence to withstand a motion for summary judgment.”

Javitt has written multiple articles on endophthalmitis as well as cases of infections caused by enterococcus faecalis.

His testimony stated that he believed if Tillson had been referred to an expert, his eyesight loss likely would not have been complete in the eye.

Javitt’s testimony was incorrectly labeled “loss-of-chance” evidence rather than that Tillson’s injury was caused by a “departure from the standard of care.”

Teachout granted the motion for summary judgment in September 2014, and the Tillsons appealed.

“The superior court believed Dr. Javitt’s testimony lacked specific information about the result of the negligence,” the high court noted. But a summary judgment motion should not be granted

when there is a difference of expert opinion, Reiber wrote.

Michael Gannon, of Affolter Gannon of Essex Junction, who represented the Tillsons, said Friday he had talked with his client, who he said was “very satisfied.”

“We’re quite pleased. It’s been a long time,” said Gannon.

Keith Aten, of Theriault & Joslin of Montpelier, represented Lane and Lane Eye Associates. He couldn’t be reached for comment Friday.

The lawsuit claimed that Lane and Lane Eye Associates had failed to “adequately and timely recognize, diagnose and treat the infection.” Tillson had also incurred medical bills, as well as pain and suffering and psychological stress, as a result of his loss of vision in his eye. His wife, Susan Tillson, suffered loss of consortium, as well as economic loss, as did her husband.

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“Med Pay” aka Medical Payment Insurance Coverage

Michael Gannon — Mon, 15 Dec 2014 13:54:38 +0000

“Med Pay” aka Medical Payment Insurance Coverage

If you get in a car accident, you may be able to get your medical bills covered – even if you are at fault. Most Vermont car insurance policies have Medical Payment (Med Pay) coverage.

If you bought a car insurance policy with Med Pay coverage, or if the car in which you were hurt had Med Pay insurance, Med Pay will pay your medical bills up to a per person limit. There are no co-pays and no deductibles. If you have this insurance, you can and should use it to help pay your medical costs due to injuries from a Vermont car accident.

Vermont law prohibits your car insurance company from raising your rates because you used your medical payment coverage. You can visit us here https://usfinancer.com

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“Fire Safety”

Michael Gannon — Wed, 22 Jan 2014 20:17:27 +0000

Here are some easy fire safety steps to prevent fires and keep your family safe.

1. Install and Maintain Smoke Detectors

The smoke detector’s warning should give you time to escape a fire. Install a smoke detector on every floor of your house and outside each sleeping area.

Regularly test the smoke detector. Replace batteries twice a year.

2. Plan and Practice Escape Routes

Plan two ways out of every room. Make sure your children know the escape routes and practice the escape plan with them.

3. Kitchen Safety

Never leave cooking unattended. Turn the pot handles towards the center of the stove so they can’t be accidentally knocked over.

If a grease fire starts, use a lid of a pan to smother the flames. Then turn off the burner.

4. Candle Safety

Candles have open flames. Keep papers, drapes and any combustibles well away. Never leave a lit candle unattended.

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“Should You Report a Fender-Bender Car Accident?”

Michael Gannon — Thu, 12 Dec 2013 14:02:04 +0000

You were hit, but luckily no one seems to be really hurt. The cars are scratched, but not crumpled. The question is whether you should report a fender-bender car accident to the car insurance company?

It is in your best interests whenever you are in an accident to document the facts. The lack of immediate injuries can be deceiving. Adrenaline can mask symptoms of an injury. It can take several days for some soft tissue damage to show up.

If you do not report the accident, an insurance company may not pay for the damage if they can’t fully investigate the accident, and a delay in reporting injuries could harm your ability to recover a fair settlement for your injuries. Visit actionac.net.

In Vermont, you are required to file an automobile accident report with the Vermont Department of Motor Vehicles when any person is injured in an accident.

Better safe than sorry!

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Be a Smart and Informed Patient

Michael Gannon — Thu, 14 Nov 2013 21:48:35 +0000

If you have been hurt, you need to be a smart and informed patient so you can recover & return to your life. This means you have to ask the right questions and make sure you understand your medical diagnosis and treatment options.

Be Prepared for your Medical Appointments. Often doctor’s visits are quick. Be ready with a list of things you would like to ask your doctor. Do not be afraid to talk to your doctor and ask questions so you understand your test results and the treatment the doctor is recommending. The more you understand, the better off you will be and the more likely you will have a Better Recovery.
Ask your doctor about all your Treatment Options. For many conditions and injuries, there are several alternatives for care ranging from “wait & see”, to conservative care like physical therapy, or aggressive care like surgery. Each approach has its own risks and benefits.

You need to know all your options and choices so you can choose which one is best for you and how you can best recover from your injury.

Be Smart, Be Informed, and find the path to recovery.

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Vermont Car Accident Tips

Michael Gannon — Thu, 23 Aug 2012 15:56:36 +0000

Car accidents are a leading cause of injuries and deaths in the United States. If you have been in a car accident, these tips can help you protect you:

AS SOON AS THE ACCIDENT HAPPENS:

1. Call Police & Ambulance.

2. Exchange Information: Exchange names, addresses, phone numbers, insurance company name, policy number, driver’s license number and the license plate number of all cars involved.

3. File an Accident Report: Vermont requires that every driver file an accident report if there are injuries or if the damage to the cars is over $3,000. This report must be filed within 3 days of the accident. The “Accident Report” Form is available at police stations and on the Vermont DMV website: www.dmv.vermont.gov

It is important to fill this out as soon as possible while the facts are fresh in your memory. Include all witnesses names as well as all events, weather conditions, and facts to show what happened to cause the accident. Keep a copy of this report for your records.

4. Get Medical Care: If you are hurt or believe you may be hurt, get medical care. It is important to your health and recovery that you get medical care as soon as possible.

AFTER THE ACCIDENT:

1. Report the Accident to Your Insurance Company.

2. Call an Attorney: If you are hurt, call an attorney to discuss and protect your legal rights. The attorney can help you know what insurance will cover and who will pay for your damages. Check out the locksmith boss.

Car accidents take a tremendous toll on everyone involved – both emotionally and financially. Hopefully, these tips will help you. If you have any questions, or would like a free consultation, call us at 802-878-2797.

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Protect Yourself at Home

Michael Gannon — Thu, 07 Jun 2012 19:33:54 +0000

Safety is important for your family. Here are easy ways to protect yourself at home:

1. Install Fire Prevention Equipment. Over 50% of fire deaths happen because smoke alarms aren’t working. Every level and every bedroom should have a smoke alarm. Every level of your home should have a fire extinguisher. Replace smoke alarm batteries regularly.

2. Practice Kitchen Safety. Do not leave the kitchen when you are cooking. If you have small children, use back burners. Teach children to stay several feet away from the stove. Unplug small kitchen appliances when not in use.

3. Check for Recalls. Go to www.recalls.gov to check for product recalls. Go to www.saferproducts.gov to see other people’s product problems.

4. Inspect Power Cords. Be sure your power cords are not frayed of damaged. Do not put electric cords or extension cords under carpeting because they can overheat or be damaged by furniture.

5. Keep Dryer Vents Clear. Clean you lint screen regularly to avoid fires. Be sure your dryer vents are clear.

Be Safe!

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