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Posted On: March 29, 2010

$100 Million Maryland Wrongful Death Lawsuit Alleges Baltimore Police Brutality

On Thursday, the Maryland wrongful death lawsuit trial against Baltimore police officers Michael Riser and Sendy Ferdinand began. The relatives of Dondi Johnson, Sr., are suing the cops for $100 million. They claim that the two men, and possibly other officers, were negligent and committed Baltimore police brutality, including battery, assault, fraud, concealment and conspiracy.

Johnson, Sr. was arrested on November 23, 2005 for allegedly urinating in public. He was handcuffed and placed in the back of a police van. However, no one fastened the 43-year-old’s seat belt. Over the course of the drive, his spine became dislocated and fractured, which caused him to become a quadriplegic. He died on December 7, 2005.

The plaintiffs are alleging that the defendants acted maliciously when they didn’t secure Johnson with a seat belt and then drove aggressively so that he would get hurt.

Officer Nicole Leake, who was driving the van, denies that she was driving recklessly. She testified that with certain suspects whose behavior can become unpredictable, seat belts are not used. Also, although the Baltimore police department handbook states that each arrestee should be secured with a safety belt, the decision regarding whether to use one should be made on a case-by-case basis.

The plaintiffs are also claiming that the cops misrepresented the incident when filing their police report. In their Baltimore wrongful death complaint, which they submitted in 2007, Johnson's relatives accuse the officers of “kicking and beating” him and doing so with malice.

This is not the first time Baltimore cops have allegedly used police violence when dealing with a suspect. 39-year-old Jeffrey Alston broke his neck and became paralyzed after he was arrested on suspicion of drunk driving when he was caught speeding. He accused police officers of throwing him head first into the back of a police van. A jury awarded him $39 million, but he eventually settled with the city of Baltimore for $6 million.

In March 2005, Albert Mosley filed a Baltimore police brutality case against Officer Bryan Kershaw. Mosley accused Kershaw of throwing him face first against a holding cell’s concrete wall. He sustained serious spinal cord injuries and neck injuries. Because Mosley became permanently paralyzed, he had to get round-the-clock care.

Man Sues Officer For $40M In Alleged Brutality Case, WBALTV, March 30, 2010

Wrongful-death suit against Baltimore police opens, The Baltimore Sun, March 26, 2010

Related Web Resource:
Baltimore Police Department

National Spinal Cord Injury Association

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Posted In: Wrongful Death

Posted On: March 24, 2010

Recall of Over 1 Million Baby Slings by Infantino Following Three Infant Deaths

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The Consumer Product Safety Commission and Infantino LLC are recalling over 1 million baby slings following the deaths of three infants. The victims are a 7-week baby, a 3-month-old infant, and a 6-day-old newborn. All three child fatalities occurred last year. Consumers should stop using the baby slings as soon as possible.

The recall comes two weeks after the CPSC issued a warning to parents and guardians about the importance of using the sling carriers correctly. 11 other deaths have been linked to the baby slings in the last two decades. Yet, despite an earlier warning by Consumer Reports of the hazards posed by using a baby sling, many consumers remain unaware that these “hip” child carriers can cause suffocation injuries and deaths.

If your child was injured in a baby sling or because of another infant product, contact our Maryland products liability lawyers immediately. You may be entitled to sue the manufacturer for injuries to children or wrongful death.

Baby Slings as Suffocation Hazard
Because newborns are unable to control their heads yet, an infant may not be able to turn away should the sling’s fabric end up covering the mouth and nose. When the baby’s breathing is blocked in this way, suffocation can take no more than a couple of minutes. Or, if the baby is curled up in such a way that the chin is bent into the chest, oxygen might have a hard time getting through the airways, resulting in slow suffocation.

Earlier this year, the CPSC added infant slings to the list of infant products that need to have mandatory standards.

In the wake of today’s recall, replacements are being offered to consumers for the Infantino “Wendy Bellisimo” and the “SlingRider” baby slings. Consumers can choose between the a Wrap & Tie infant carrier, a 3 in 1 Grow & Play Activity Gym, or the 2 in 1 Shopping Cart Cove.

Infantino baby sling recall: Are any baby slings safe?, Christian Science Monitor, March 24, 2010

Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Related Web Resources:
Consumer Reports

Infantino

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Posted In: Injuries to Minors , Products Liability , Wrongful Death

Posted On: March 18, 2010

Are Bed Rails a Maryland Nursing Home Hazard?

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By now we’ve heard about crib entrapment and the dangers posed by some poorly designed cribs that have openings wide enough between the crib slats and the mattress that an infant or toddler can easily fall into the space and die from suffocation. But were you aware that hospital beds can pose a similar hazard to the sick and the elderly?

According to the Food and Drug Administration, in the last 24 years, 480 people have died from entrapment in a hospital bed. A patient’s head can gets stuck between the bed’s rails or in the middle of the mattress, which can quickly lead to asphyxiation. There have been 138 reported injuries, 185 close calls, numerous other incidents involving hospital beds that have very likely gone unreported.

Hospital Bed Rails as an Entrapment Hazard
Apparently knowledge of this hazard isn’t new. The FDA issued a warning about bed rail entrapment in 1995. With this awareness, the use of bed rails at assisted living facilities is now under 10 %--although that is still a significant number.

People have filed nursing home negligence and products liability lawsuits as a result of personal injuries and wrongful deaths caused by a hospital bed with rails. One nursing home patient, Harry Griph, died not from failure to thrive, which the 75-year-old was suffering from, but because his neck got trapped between the mattress and bed rail. His cause of death was asphyxiation.

Hospital Bed Rails as a Fall Hazard
Although bed rails are considered a safety device for keeping confused, disoriented medicated, sick, or restless people from falling out of their beds in nursing homes and hospitals, bioethicist and geriatrician Steven Miles told the New York Times that while bed rails do lower a person’s fall risk by 10 – 15%, they increase injury risk by approximately 20%. A patient that tries to climb over the rails to get out of bed can end up falling from a higher elevation and sustaining a head injury.

Assisted living facilities can be held liable for Maryland nursing home negligence if they allowed a hazard to exist on the premise that should have been removed or repaired. A person who sustains a traumatic brain injury from falling off a hospital bed or the family members of a resident that dies from suffocation during a bed entrapment accident may have grounds for a Maryland injury lawsuit. The manufacturer of a poorly designed or defective hospital bed can be sued Maryland products liability.

Safe in Bed?, New York Times, March 10, 2010

Siderails, Falls in Long-Term Care

Related Web Resources:
Maryland Nursing Home Care Guide

Falls in Nursing Homes, Maryland Nursing Home Lawyer Blog

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Posted In: Nursing Home Abuse and Negligence , Products Liability

Posted On: March 12, 2010

$10 Million Maryland Wrongful Death Lawsuit Blames Baltimore County Police for Taser Fatality

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The family of Ryan Meyers is suing Baltimore County police and three cops for Maryland wrongful death. They are seeking $10 million in compensation and alleging negligence and police brutality.

Meyers is bipolar. The 40-year-old died after cops, who arrived at his parents' home following a 911 call, tasered him. Meyers had been allegedly using a baseball bat to attack people, and his father was injured.

According to the officers, they tasered him because he ignored their order to put down the bat. Meyers went down but then got up and allegedly tried to attack them. They managed to handcuff him and then saw that he was unresponsive. He went into cardiac arrest and was pronounced dead at the hospital.

Meyer’s family believes that the police officers could have used less force to apprehend him.

Taser Injuries
According to one study published in 2006 by the American College of Cardiology Foundation, even though getting struck by a Taser won’t likely cause cardiac arrest, it is recommended that Taser darts not be fired close to the heart. Seeing as this study was funded by Taser International, the manufacturer has known about this possible risk from some time.

Another man, Steven Butler, went into immediate cardiac arrest after he was tasered by cops. EMT’s were able to revive him, but his brain didn't get oxygen for such a long time that he is now permanently disabled. He and his family are suing Taser International for products liability.

In the last six years, there have been 8 Maryland taser deaths involving police. The stun gun shoots about 50,000 volts of electricity into the skin and is considered a less lethal alternative to shooting someone. However, medical experts say that getting struck near the chest by a Taser dart can make the target’s heartbeat go from 72 beats per minute to up to 220 beats a minute.

Meantime, Taser maintains that its electronic control device is safe for use.

Family Sues Police After Fatal Taser Shot, WJZ, March 5, 2010

Related Web Resources:
Taser

Baltimore County Police

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Posted In: Police Brutality , Wrongful Death

Posted On: March 7, 2010

Baltimore, Maryland Truck Accident Lawsuit Seeks $5 Million for Family of Bicyclist

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The family of John R. “Jack” Yates is suing a truck driver and his employer for the 67-year-old’s Baltimore wrongful death. Yates was cycling in the Charles North neighborhood on Maryland Avenue behind the truck driven by Michael Dale Chandler on August 4 when he got trapped under the loaded fuel tanker’s tires and was run over.

The truck kept going because Chandler does not appear to have realized that he had driven over anyone. Yates was pronounced dead at the crash site.

Now, Yates’ daughter and wife are suing the truck driver and Potts & Callahan Inc. for $5 million. Following an investigation into the Baltimore truck crash, the bicyclist was found responsible for the tragic accident since he was riding in the parking lane and tried to overtake the truck from the right. However, the plaintiffs’ legal team is adamant that Yates wasn’t at fault. Under Maryland law, bicyclists must keep up with the flow of traffic and make sure their bicycles stay to the right.

Chandler has not been criminally charged over the Maryland truck collision.

Maryland Truck Crashes
It is devastating to know that someone you loved died in a tragic accident. Not only must surviving family members cope with losing someone they love and the effects that this unexpected, premature death will have on their lives, but there is also the trauma of imagining what your loved one may have had to endure prior to death. For bicyclists that survive large truck crashes, they may be left to struggle with traumatic brain injuries, spinal cord injuries, burn injuries, or disfigurement.

Even if a negligent motorist isn’t charged in criminal court, you can sue them for the Maryland wrongful death of your loved one in civil court.

Family of bicyclist killed in city accident files $5 million lawsuit, The Baltimore Sun, March 5, 2010

Related Web Resources:
Senate wants drivers to move over for cyclists, Maryland Politics, The Baltimore Sun, February 11, 2010

Maryland Bicycle Laws and Regulations, College Park Area Bicycle Coalition

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Posted In: Bicycle Accidents , Truck Accidents , Wrongful Death

Posted On: March 2, 2010

Maryland Semi-Truck Crash Kills Husband and Seriously Injures His Wife

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A Harford, Maryland tractor-trailer crash has killed one man while critically injuring his wife. Leonard Clark, 38, and his wife Kimberly, 39, were standing next to I-95 on the night of February 24 when they where hit by a semi-truck.

The seriously injured couple was transported to Maryland Shock Trauma Center where Leonard was pronounced dead. As of last Friday, Kimberly’s condition was considered very serious.

Our Maryland tractor-trailer crash attorneys extend our sympathies to the Clark family. Losing someone you love and/or getting seriously hurt in a semi-truck crash is catastrophic. Tractor-trailers are so huge in size and heavy and weight that anyone struck by a semi-truck is at high risk of sustaining serious injuries and/or dying.

Just the day before the Maryland truck accident involving the Clarks, 22-year-old Boonsboro pedestrian Anthony Allen McChesney died when he was hit by a United Parcel Service semi-truck on I-81. The Hagerstown truck crash occurred at around 4:31 am.

Also last month, during the early afternoon of February 11, a State Highway Administration worker got hurt when a tractor-trailer hit his truck as he warned motorists that a crew was removing snow off the Baltimore Beltway. The SHA worker, James Flutka, sustained injuries. Truck driver Robert Scolaro, who was transporting diapers, was not injured. He did receive a traffic citation for failure to control speed.

D.C. man killed, wife injured in accident, The Washington Post, February 25, 2010

Boonsboro man struck and killed by tractor-trailer on I-81, The Herald-Mail, February 23, 2010

Even with the worst of two severe winter storms behind them, state police and roads officials are warning against complacency on the part of drivers, Carroll County Times, February 12, 2010

Related Web Resources:
Federal Motor Carrier Safety Administration

Maryland State Highway Administration

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Posted In: Pedestrian Accident , Truck Accidents

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