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Posted On: January 27, 2010

State's Board of Public Works Approves $1.5 Million Lutherville Train Accident Settlement in Maryland Wrongful Death of Two Teenagers

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Maryland’s Board of Public Works has given the green light to a $1.5 million Baltimore County wrongful death settlement over the fatal train accident that killed two teenagers last year. Kyle Patrick Wankmiller and Jarrett Connor Peterson were walking along tracks that are usually used by trains headed southbound in Lutherville on July 5 when a northbound train hit the two 17-year-olds. The Maryland Transit Administration had switched the direction of traffic on the tracks.

Following the deadly Maryland train collision, the MTA said the two teens had their backs to the trains when they were hit from behind. A spokesperson says the two boys thought the train was using the other track as it approached them. The public is not allowed to be on the tracks unless they are at designated crossing areas.

The train’s operator reportedly did not notice that the train had hit the two boys and did not stop. The operator of a second train that later passed through also failed to see the teenagers. It wasn’t until a third train came through that a fare inspector saw their severely injured bodies.

Two train operators were fired and six other workers were disciplined over the tragic Baltimore County train accident. No criminal charges were filed over the deadly incident.

The families’ Maryland injury attorney notified the state that they planned to sue. A Baltimore County wrongful death settlement was reached before the families filed their lawsuit. The lawyer noted that even though state law prevents plaintiffs who contributed to their personal injury from recovering damages, the Maryland’s wrongful death law has a provision that holds responsible the party that has the “last clear chance” of preventing an injury accident from happening.

Maryland Train Accident Injuries to Pedestrians
Pedestrians that are struck by trains will likely have sustained serious have sustained serious injuries that require medical attention as soon as possible. Train operators must exercise caution that they don’t accidentally strike someone or, if they do, that they get that person medical help right away. Some common causes of train accidents include mechanical failure, operator error, inadequate maintenance, and speeding.

State OKs $1.5 million settlement in case of teens killed by light rail train, The Baltimore Sun, January 21, 2010

MTA Says It Plans To Fire 2 For Deadly Accident, WJZ, December 18, 2009


Related Web Resources:
Maryland Board of Public Works

Maryland Transit Administration

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Posted In: Injuries to Minors , Train Accidents , Wrongful Death

Posted On: January 23, 2010

Maryland TBI: Call a Concussion a Mild Traumatic Brain Injury, Says Researchers

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A team of researchers are recommending that concussions should be called mild traumatic brain injuries so that this type of condition is taken more seriously. The team is concerned that many people don’t think of a concussion as an injury to the brain.

The researchers looked at the medical records of 300 children with traumatic brain injuries who were treated at McMaster Children’s Hospital in Canada. 102 of them were diagnosed with having a concussion. 385 of the kids diagnosed with a concussion actually had a mild TBI, while 24% in fact had a serious or moderate TBI.

According to Professor Carol DeMatteo of the CanChild Centre for Childhood Disability Research at McMaster University, in each case involving a child diagnosed with a concussion, the patient and their parents did not think the injury was serious. DeMatteo says this can be a problem.

According to the study’s findings, kids that were diagnosed with having concussion diagnosis spent less time in the hospital than children who were diagnosed with a mild brain injury. They also went back to school and resumed playing sports sooner than kids diagnosed with more serious brain injuries.

DeMatteo notes that if a child isn’t given enough time to recover, more concussions may occur and the risk of permanent brain damage increases.

Brain Injuries to Children
Brain injury is one of the most common causes of death and disability to young children. If your son or daughter suffers an injury to the head, it is important that you get medical help right away. What may appear to be a mild injury to the head may actually be a brain injury.

If your child sustained a TBI in a car crash, fall accident on another person’s property, or another kind of injury accident, you may have grounds for filing a Maryland traumatic brain injury lawsuit involving injuries to minors.

Concussion needs a new name, researchers say, Globe Life, January 17, 2010


Children and Traumatic Brain Injury, TBI Resource Guide, Centre for Neuro Skills


Related Web Resources:
Concussion, Empowered Doctor

McMaster Children’s Hospital

Continue reading " Maryland TBI: Call a Concussion a Mild Traumatic Brain Injury, Says Researchers " »

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Posted In: Injuries to Minors , Traumatic Brain Injuries

Posted On: January 18, 2010

Maryland Medical Malpractice?: 369 Patients May Have Received Unnecessary Stents

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Following an internal review, a Towson hospital has notified 369 patients that stents may have been unnecessarily implanted in their arteries. St. Joseph Medical Center conducted the probe after a number of patients complained and at the request of federal investigators. The hospital is under investigation for health-care fraud.

According to the Baltimore Sun, there were patients at St. Joseph who underwent the procedure even though the blockage in their arteries was minor. For example, one man who received a stent only had 10% blockage, but the hospital told him that the blockage was 95%. Another woman was wrongly diagnosed with a heart condition and received a stent because she was told her arteries had a 90% blockage. In fact, the blockage was no more than 10%.

Cardiac Catheterization
Coronary stents are used to open up clogged arteries or create a bridge where there is damage. Stents are usually implanted during cardiac catheterization. During this medical procedure, the device can be implanted into the arteries through the leg and via the bloodstream. Cardiac catheterization can be costly, and many insurers, as well as Medicare, require that an artery must have at least 70% blockage before a stent can be inserted. Although generally a safe procedure, serious health complications, such as infection, bleeding, blood vessel damage, allergic reaction, blood clots, heart attack, stroke, arrhythmias, low blood pressure, and kidney damage, can occur.

If you were wrongly diagnosed with an illness or health condition, were advised to undergo a medical procedure you did not need, were given the wrong medication, or if a medical mistake occurred during treatment, you may have grounds for filing a Maryland medical malpractice lawsuit against those responsible.

Undergoing any type of medical procedure can take a physical and emotional toll on a patient. There is no reason to undergo an unnecessary procedures that can place your life at risk, take an emotional and physical toll on you, and require time off for recovery.

Md. heart patients may not have needed stents, Washington Post/AP, January 15, 2010

Patients learn they might have unneeded stents, Baltimore Sun, January 15, 2010

What Are the Risks of Cardiac Catheterization?, National Heart Lung and Blood Institute

Related Web Resources:
St. Joseph Medical Center

Cardiac Catheterization, American Heart Association

Continue reading " Maryland Medical Malpractice?: 369 Patients May Have Received Unnecessary Stents " »

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Posted In: Medical Malpractice

Posted On: January 12, 2010

Baltimore Man Sues Anne Arundel County Police Department and Officer for False Arrest

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A 38-year-old Baltimore man has filed a civil rights violation lawsuit accusing Anne Arundel County police of violating his civil rights when they arrested and imprisoned him without just case. Melvin B. Thomas says he was falsely arrested on January 17 for asking “What about freedom of the press?” after officers apprehended his friend for using a cell phone to videotape cops handcuffing spectators following a Glen Burnie boxing event when some people became rowdy.

Thomas says he and his friend, 32-year-old Pasadena resident Leshon C. Ruffin, were the only two people who were thrown in jail where he stayed for 12 hours. Now, he is seeking $30,000 in damages.

Cpl. Russell Hewitt III, who is a defendant in the Maryland false arrest lawsuit, claims in charging documents that Ruffin was apprehended for trying to approach officers while they were doing their job. He says he arrested Thomas because he was causing a disturbance with his yelling.

Thomas’s attorney, however, says that Thomas and Ruffin were behaving in a nondisruptive manner while others around them were shouting out profanities. All charges against the two men were dropped. Thomas has said that because he and his friend are black he thinks race was a factor. Two white people that also were handcuffed were released at the scene.

Thomas's Maryland civil rights violation lawsuit is seeking $30,000 in damages.

Maryland False Arrest Lawsuit
A police officer who has violated a person’s civil rights can be sued for damages. Making false arrests, wrongful imprisonment, excessive use of force, verbal abuse, harassment, torture, intimidating tactics, and sexual assaulting a suspect or prisoner can be grounds for a civil lawsuit against the offending police officer, his/her police department, and possibly even the city or the county where the violation took place.

You don’t have to be afraid about coming forward if you were the victim of Maryland police brutality or were falsely arrested without just cause.

Man sues county police for arrest, HometownGlenburnie.com, January 2, 2010


Related Web Resources:
Anne Arundel County

False Arrests, Convictions and Imprisonments, New York Times

Continue reading " Baltimore Man Sues Anne Arundel County Police Department and Officer for False Arrest " »

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Posted In: Police Brutality

Posted On: January 8, 2010

$1.2 Million Maryland Wrongful Death Settlement Reached with Family of Teen Restrained at Carroll County, Reform School

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The family of Isaiah Simmons III has reached a $1.2 million Maryland wrongful death settlement with Bowling Brook Preparatory School and the state's Department of Juvenile Services. The Maryland teen died in 2007 after he was restrained at the reform school.

Simmons’ family had accused counselors of holding him face down and sitting on him for about three hours. Simmons, a Baltimore 17-year-old, eventually lost consciousness and stopped breathing. The counselors are accused of waiting 41 minutes after Simmons became unresponsive to contact 911. Simmons was pronounced dead at Carroll Hospital Center. Following the tragic incident, Bowling Brook maintained that its staff followed appropriate procedures and denied that workers knelt or sat on Simmons’ head or torso.

Per the school's report, on January 23, 2007, a staff member questioned Simmons about threats he allegedly made. The teenager allegedly made more threats and at around 4:45 pm, staff members and students restrained him. An ambulance was called at about 8:15 pm.

A school staff member told a 911 dispatcher that the restraint methods the counselors used on Simmons were not unusual. The employee said that the school had dealt with other aggressive kids in similar fashion.

Student eyewitnesses claim that five staffers were sitting on Simmons. One student says Simmons told them he couldn’t breathe and that he was in pain but the counselors didn’t believe him.

The reform school was eventually shut down. It reopened last year under new management. The school is now called Silver Oak Academy.

The $1.2 million Baltimore wrongful death settlement is the maximum allowed under Maryland personal injury law.

CPR, 911 call for youth were delayed, ISACCORP.org, January 31, 2007

Family of teen who died settles with Bowling Brook, state, Baltimore Sun, January 7, 2010

Related Web Resources:
Maryland Department of Juvenile Services

Wrongful Death, Nolo

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Posted In: Injuries to Minors , Wrongful Death

Posted On: January 6, 2010

Nine-Year-Old Boy Dies from Injuries Sustained from Falling Tree at the Hashawha Environmental Center in Westminster, Maryland

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Noah Asid, the 9-year-old who was injured on December 29 when a large hickory tree fell on him at the Hashawha Environmental Center has died at a Baltimore hospital. Asid, who was attending a nature camp, was getting ready to go hiking with a group of children and counselors when the tragic accident happened.

According to reports, the 60-foot tree fell against a maple tree. This caused the maple branches to give way and the hickory and a number of large branches to hit the ground, striking Asid and another child. The girl, 10, has been released from Carroll Hospital Center.

The Carroll County sheriff’s office is determining what caused the tree to fall. Winds hitting speeds of up to 35 mph on the day of the accident may have been a factor.

Falling Tree Accidents
Falling tree accidents are not as uncommon as they sound and can cause catastrophic injuries to children and adults. Trees in parks, public areas, and other places frequented by children and other members of the public must be properly maintained so that they don’t pose a premise liability. If a property owner or overseer could (and should have) been taken to prevent the premises liability accident from happening, the victim or surviving family members can sue for Maryland personal injury or wrongful death.

Just last year, a 30-year-old man died after he was hit by a tree branch that fell in New York’s Central Park. In December, a wrongful death settlement was reached with the family of a woman who died after a tree fell on the car that she and her daughter were riding. The tree’s decaying root system contributed to its fall.

Falling tree injures children, Carroll County Times, January 6, 2010

Update: Boy, 9, injured by falling tree at Hashawha Environmental Center, dies, Carroll Eagle, January 1, 2010


Related Web Resources:
Hashawha Environmental Center

Recognizing Tree Hazards, Trees are Good

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Posted In: Injuries to Minors , Premises Liability

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