Maryland Accident Law Blog

The family of a Bel Air man who committed suicide after becoming addicted to a prescription painkiller is filing a medical malpractice suit against his doctor.

Ken Jones was addicted to OxyContin when he shot himself in the chest on March 2003. The painkiller was prescribed to him by his doctor who was treating Jones for back pain.

Before committing suicide, Jones, then 48, had written a note saying that his doctor knew he was addicted to OxyContin but continued to increase his prescription dosage.

The medical malpractice suit is being filed against Jones’ doctor and Hartford Memorial Hospital for negligence and breach of care.

Jones’ wife said she reported her husband’s doctor to the Maryland Board of Physicians three years ago but is still awaiting the results of their investigation. The Board says that they are dealing with a backlog of cases.

Currently, there is no system in Maryland to monitor prescription drug abuse. Maryland lawmakers, however, recently passed a measure for funding.

OxyContin is a narcotic that contains a very strong pain reliever that is similar to morphine and is used for treating moderate to severe physical pain. There has been an increase of reported drug abuse cases and deaths related to OxyContin.

Statistics:

Federal Drug Enforcement Administration: OxyContin may have played a role in 464 deaths across the US from 2000 to 2001.

Substance Abuse and Mental Health Service Administration (SAMHSA) Drug Abuse Warning Network says:
- Emergency room mentions of OxyCodone increased 89% between 1993 and 1999
- Recently we have seen an increase of 68% with 10,825 emergency room mentions in 2000

2 Common Signs Of Prescription Drug Addiction:

- Increased tolerance for a drug
- Inability to stop using the drug

Family Lawsuit Claims Malpractice, WBALchannel.com, May 23, 2006

OxyContin Statistics, Narconon of Southern California

Prescription Drug Addiction Symptoms, e-Prescription Drug Addiction.com

Related Web Resources:

OxyContin Q and A, FDA.gov

Prescription Drug Malpractice Errors , Medicalmalpractice.com

In a case that is being ruled a pedestrian error, a high school student was hit by an SUV after she jumped out of a moving car and ran across the street on Route 99 in Howard County on Thursday, May 19.

Mount Hebron High School student Jamila Haley Palmer, 18, was treated at the Maryland Trauma Shock Center in Baltimore and later released with minor scratches on her head. The 17-year-old male driver of the vehicle that Palmer had been riding in was charged with driving without a license. The reason for why Palmer jumped out of the vehicle is not known. The accident took place near the site where another Mount Hebron student had died in an auto accident last February.

Auto accidents involving teenagers is a growing issue of concern in Maryland. Last year, the state's House of Delegates approved measures that:

• extend the length of time from four to five months that a teenage driver must have a learner's permit before they can get a provisional license.

• require teenagers with a provisional license to restart the 18-month provisional period if they are convicted of driving without a seat belt or driving after Maryland's midnight curfew for young drivers.

• increase the practice driving hours required of teenage drivers with instructional permits from 40 to 60.

• prevent teenagers from using a cell phone during their 18-month provisional driving period.

According to Maryland State Police statistics, 16-20 year olds made up just 7 percent of drivers in the state of Maryland in 2003 but were involved in 22 percent of traffic deaths.

The AAA Foundation says that from 1995-2004, drivers 15-17 of age were responsible for 30,917 traffic deaths in the US.

Student Jumps From Car, Is Hit By SUV, Baltimoresun.com, May 21, 2006

Maryland House Advances Teen Driving Bills, Insurance Journal, March 22, 2005

Measures To Restrict Teen Drivers Advance, Washingtonpost.com, March 10, 2005

Resources On The Web:

Teaching Your Teen To Drive, Teendriving.com

Teen Driving Fatalies And Statistics, DriveHomeSafe.com

There is a new medical malpractice insurer in the state of Maryland called the Maryland Healthcare Providers Insurance Exchange. The Maryland Exchange plans to work with its insured doctors to identify causes of claims and find ways to avoid or mitigate them. The new insurer also wants hospitals and doctors to work together when handling patient safety, risk management, and claims management.

Medical Mutual Liability Insurance Society of Maryland, which insures more than 75% of the private practice physicians announced last summer that it would not be increasing medical malpractice insurance premiums after two years of double-digit increases.

According to Medical Mutual, their payouts in medical malpractice cases had risen from $47 million in 2000 to $93 million in 2003. But 2004 was only at $78.5 million, and 2005 was expected to be similar.

Interesting that they did not reduce rates even though the payouts went down. It is possible that this new entry into the market by Maryland Healthcare Providers Insurance Exchange indicates that there is money to be made from doctors by insurance companies selling medical malpractice insurance.

New Medical Malpractice Insurer in Md. Washington Business Journal, May 1, 2006

Remission On Medical Malpractice Washington Post, August 19, 2005

Continue reading "New Competition for Medical Malpractice Insurance in Maryland" »

Bausch and Lomb has announced a worldwide recall of its ReNu with MoistureLoc contact lens cleaner solution. This recall comes following reports from Asia and the US that most of the contact lens wearers who were infected with a potentially blinding infection called Fusarium keratitis used the solution. Bausch and Lomb is urging MoistureLoc users to switch to its other ReNu brand products. Approximately 5 million people have used MoistureLoc since late 2004.

On April 13, 2006 Bausch and Lomb asked US customers to stop using the product and recalled the product from American stores. The worldwide recall follows this announcement. A number of law firms in the US have filed lawsuits again Bausch & Lomb on behalf of clients who have been diagnosed with Fusarium keratitis after using ReNu with MoistureLoc solution.

Fusarium keratitis is a rare but serious corneal infection caused by Fusarium, a type of fungus. While Fusarium keratitis can be a serious infection, it is a rare disease. Fusarium is commonly found in organic matter such as soil and plants. This infection cannot be transmitted from person to person. People who have trauma to the eye, certain eye diseases, and problems with their immune system may be at increased risk for this type of infection.
Symptoms include blurred vision, unusual redness, eye pain, tearing, discharge, or sensitivity to light. If you experience any of these symptoms, you should return to your optometrist immediately.
The FDA and CDC are advising consumers to take precautions to reduce their risk for Fusarium keratitis through preventive practices for contact lens wearers that include:

· Wash hands with soap and water, and dry (lint-free method) them before handling lenses.
· Wear and replace lenses according to the schedule prescribed by the doctor.
· Follow the specific lens cleaning and storage guidelines from the doctor and the solution manufacturer.
· Keep the contact lens case clean and replace every 3-6 months.
· Remove the lenses and consult your doctor immediately if you experience symptoms such as redness, pain, tearing, increased light sensitivity, blurry vision, discharge, or swelling.

For more information, please visit the FDA’s Contact Lens and Eye Infections page.

Resources on the Web:

Ron Zarrella, Chairman and CEO, Bausch & Lomb statement (pdf)

Centers for Disease Control Fusarium Keratitis Update May 12, 2006

Bausch Extends Lens Solution Recall Worldwide Reuters, May 15, 2006

On May 17, 2006 at 7pm, Maryland cycling groups from Hagerstown, Frederick, and Baltimore will join cyclists across the country in a Ride of Silence to honor cyclists who have been killed or injured on public roads. The Ride of Silence was started in 2003 when an endurance rider was killed after being hit by the mirror of a bus.

In 2003, 622 people died in car-related accidents while riding bicycles. Although the number is dropping, bicycle accidents are 2% of all traffic fatalities and 2% of all traffic injuries. Bicycle rides account for less than 1% of trips.

Hospital records indicate that only 10% of bicycle accidents are ever reported. Millions of people ride their bikes on the road every year.

Who is getting killed in bicycle crashes?

A detailed breakdown of the age, gender, and location of bicycle crash victims is available from the National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety. Some of the more noteworthy trends or numbers are:

1. In 1990, the average age of bicyclists killed in traffic crashes was 28 years. By 2003, this had risen dramatically to nearly 36 years of age. Looking even further back, in 1975, 32 percent of bicycle deaths involved people aged 16 or older. In 2003, that figure was nearly 77 percent. So, the percentage of victims that are adults is climbing steadily – perhaps signifying that more adults are riding or that fewer children are riding.

2. Approximately 47 percent of bicycle fatalities occur in just four states: California, Florida, New York, and Texas. While these are among the most populous states, the figure is still remarkably high – the same states account for 29 percent of all traffic fatalities.

How to Drive Defensively:

1. Wear reflective gear
2. Use battery-powered lights when riding at dawn or dusk
3. Add headlights when riding in the dark
4. Look for passing motorists

Number of cyclists killed in US traffic accidents since 1932: 50,000
Number of cyclists killed in 2004: 725
Most car related cycling accidents take place at intersections.

The Ride of Silence will take place in the U.S., England, China, Australia, and New Zealand. People ride to remember cyclists who have died or been injured in traffic accidents and raise awareness that cyclists share the road with drivers. The Ride of Silence is a silent, slow procession that asks cyclists to ride no faster than 12mph.

Going The Distance-Pedalers Holding Ride Of Silence The Frederick News-Post, May 14, 2006

Bicycling Crashes In Perspective Bicyclinginfo.org

Resources on the Web:

Ride Of Silence

Traffic Safety Facts 2002: Pedalcyclists

A $51million lawsuit was filed on May 15, 2006 against the state of Maryland by the parents of an inmate who say that guards were too busy watching television and sleeping to intervene when their son was strangled by another inmate on a prison bus in 2005.

The suit was filed at the Baltimore City Circuit Court against Maryland, the heads of the Department of Public Safety and Correctional Services, the Division of Correction, the Maryland Correctional Adjustment Center known as Supermax, the driver of the bus, and a number of correction officers.

The parents of Philip E. Parker Jr. say that their son was “dragged” off the bus at the maximum security prison in Baltimore and left on the floor for several minutes before being administered CPR.

Parker, 20, was allegedly strangled by Kevin G. Johns Jr, 23, during a 75-mile bus ride from Hagerstown to Baltimore. Johns is being charged with first-degree murder. 35 inmates were on the bus. Parker’s body was not found until the bus arrived at Supermax.

According to the civil complaint, the driver and four guards aboard the bus did not intervene "despite a prolonged struggle." They were allegedly "sleeping, listening to a radio or watching a portable television, inattentive and/or unwilling to become involved in stopping the brutal attack ..."

The complaint also claims that the prison bus was in disrepair, "preventing proper and adequate lighting, visibility and access" for the guards.

The Commission on Safety And Abuse In America’s Prison has said that there were more than 34,000 reports of inmates assaulting inmates in a 12-month period of 1999-2000. That represented a 32 percent increase from the same period five years earlier.

In that same span of 1999-2000, nearly 18,000 prison employees were assaulted - a jump of 27 percent from 1994-95.
Prison officials have a legal obligation to protect prisoners from being assaulted by other prisoners. They can be held liable if they act with “deliberate indifference” or “reckless disregard” for a prisoner’s safety. Personal injury claims and lawsuits arise when people are injured by careless or intentional acts of others, or injured by products that are defective in some way.

In 1995, One-forth of civil cases filed in federal trial courts were filed by prisoners, and every year the 50 states spend millions of dollars defending themselves against prisoner lawsuits for civil rights “violations.”

Parents Of Inmate Killed On Bus Sue Maryland Wtopnews.com, May 16, 2006

Your Right To Protection From Assault And Excessive Force ACLU.org, August 23, 2005

National Commission Opens Hearings On Prison Violence, Abuse Patrickcrusade.org

The Prisoners' Accomplice Policy Review, September-October 1996

Resources on the Web:

Know Your Rights: The Prison Litigation Reform Act

Prison Conditions Lawsuits: Subject Matters And Time Trends

ACLU: Prisoner Rights