Articles Posted in Maryland

Health Officials are reporting that the number of illnesses caused from individuals having consumed raw milk has risen to 35 people over four states. The confirmed cases of Campylobacter infection include 28 people in Pennsylvania, four in Maryland, two in West Virginia and one in New Jersey.

The tainted milk appears to have come from the Family Cow farm in Chambersburg, Pennsylvania, and health officials have said that consumers should discard raw milk bought from the Family Cow farm on or after Jan. 1. The farm has voluntarily suspended raw milk production.

The federal Food and Drug Administration warns that raw, or unpasteurized, milk can contain harmful bacteria, and Maryland law prohibits its sale. Still, dairy farmers have said that the demand is growing because of concerns about hormones in traditional dairy products.

The majority of the cases our lawyers handle involve auto accidents and truck accidents in the area. We handle only extremely serious injury and wrongful death accident claims.

Although not all, the vast majority of our cases are in Maryland. We will handle truck accident and car injury cases outside of Maryland but only in the event of catastrophic injury or death.

You are trying to choose a lawyer? Take a second and take a breath. Your choice matters. Do some research. Talk to a lot of lawyers. Find out who is really trying cases and getting verdicts for their clients and who is running a marketing firm to get and settle – regardless of the value – cases as fast as they can. And… one other thing I think is critical: ask every accident lawyer you talk to who they would refer a case to if they could not handle a serious car accident case on behalf of a loved one. If the answer keeps coming up one firm, you have a great candidate.

These are North Carolina medical malpractice statistics of interest. Unless otherwise indicated, the statistics are from 1998-2009.

  • There are an average of 566 medical malpractice lawsuits filed in North Carolina each year, or one-quarter of one percent of the lawsuits filed in North Carolina. For those who think malpractice lawsuits are increasing in number: there were 496 malpractice lawsuits in 2009, the last year studied.
  • ƒ Said another way, from 1998 through 2009, the number of all civil case filings in North Carolina

According to a study by Jury Verdict Research, the average gunshot wound verdict is $727,852 ($100,000 median).

For the purposes of this study, a gunshot wound is defined as soft tissue damage to the victim caused by birdshot, a pellet gun, BB gun or traditional gun with no organ damage, fractures, paralysis, brain damage, visual impairment or hearing loss.

It is difficult to recover damages for an intentional gunshot wound because it is difficult to get insurance for intentional acts and it is even more difficult to claim that the company/municipality the shooter was working for was vicariously liable.

Maryland and Georgia both have rulings on tap from their high courts on caps on economic damages. Georgia got the ball rolling yesterday when the Georgia Supreme Court heard arguments yesterday on whether its cap on damages for medical malpractice claims is constitutional. A Georgia medical malpractice lawyer argued for the Plaintiff that the tort reform law in 2005 is unconstitutional because it grants unfair preferences and exemptions to hospital emergency departments.

Plaintiffs have a real shot in this case. The Georgia high court has previously stuck down laws that gave special exemptions to asbestos manufacturers facing property claims. Stay tuned….

Settlement for $1.8 million was reached in a medical malpractice lawsuit where the jury this June awarded $4 million against an emergency room doctor. While that sounds like a major compromise, there is a cap on medical malpractice awards in Virginia, so the actual verdict after the cap was $1.8 million.

Plaintiff’s Virginia medical malpractice lawyers alleged that a doctor misdiagnosed their 25-year-old client’s heart condition. Plaintiff’s condition was eventually diagnosed by doctors at St. Agnes Hospital in Baltimore.

This case had complications in discovery because of a problem I have discussed before: one lawyer representing all of the doctors (you can find the details in this article on the case). Defense medical malpractice lawyers love when doctors lock hands and sing “all for one, one for all.” The problem is that this invariably leads to conflicts when the doctors could very easily point at each other.

The Maryland Court of Appeals decided Pittway v. Collins last month, a tragic case involving a lawsuit that arose out of a fire that took two lives in Montgomery County in 1998. The fire was caused by a burning candle in the basement, where the children – guests of the tenants of the house – were sleeping. The children lit the candle during an electrical outage caused by thunderstorms and the HVAC powered smoke detector that had no backup was not operational. Making the problem worse, the basement was a windowless basement bedroom that did not have proper egress.

Plaintiffs filed a lawsuit against a chain of defendants on the failure to supply an adequate fire alarm: the builder, the landlord, the electrical subcontractor, the city rental inspector, and the home improvement company that renovated the basement four years earlier.

After settlements and summary judgment, everyone got out of the case except for the builder and the manufacturer. Both filed motions for summary judgment, before the discovery deadline, that intervening negligent acts superseded the claims against them. The trial court granted the motions. The Maryland Court of Special Appeals reversed.

The Orlando Sentinel (via Overlawyered) has an interesting article taking a detailed look at statistics surrounding theme park lawsuits. This is not your garden variety media article of a legal trend. It has detailed breakdown of the lawsuits filed against theme parks, and through statistics and interviews, sets the game plan of Disney theme parks, and I think to a similar but lesser extent, its brethren when facing a lawsuit: wage elongated war, make discovery brutal for accident lawyers and their clients, and settle the cases you think you might not win – particularly those cases you might prolifically not win.

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Virginia Lawyers Weekly reports on an insane case in Virginia where an emergency room doctor in Hampton received a defense verdict.

After a night of partying, the decedent and his friend got into a dispute over whether the decedent would drive drunk from Hampton back home to Atlanta with his 4-year-old son. The best friend did what best friends usually do – he stabbed him in the thigh.

The decedent was taken to the emergency room. Plaintiff’s malpractice lawsuit claimed that the emergency room doctor should have sought out detailed information about the length of the knife. The defendant was told only that the decedent was stabbed with a knife and that the length of the blade was unknown. The defendant assumed it was a small blade.