Smoot, the father of four children—three of them under 18 years of age—was arrested in May 2005 on a minor theft charge and his failure to appear in court. At Central Booking, the state-run correctional facility, he was beaten and stomped to death during a brawl involving at least 25 correctional guards. Smoot had reportedly refused to enter his detention cell.
Following his beating, photos showed bruises all over his face and a blood-soaked gauze in his mouth. A family member had reported that his skull was cracked.
Three officers were charged for his second degree murder—with one of the men convicted of the charge and sentenced 20 years in prison.
Smoot’s family agreed to drop its $130 million wrongful death lawsuit in exchange fro the settlement. Maryland’s Board of Public Works still has to confirm the agreement.
One of the reasons for accepting the settlement is that Maryland has a liability cap of $200,000—so even if the family had won its lawsuit in court, the state of Maryland may have been able to lower the award.
Police Brutality
Unfortunately, police brutality is a far more common occurrence than we’d like for it to be. If you have been the victim of violence by a police or a correctional officer—even if you have been arrested for a crime—you still have civil rights.
Our Baltimore personal injury lawyers represent clients that have been injured because of the negligent, reckless, or violent acts of other parties. Over the years, we have successfully represented clients in Maryland and Washington D.C.
State to pay in death of Central Booking detainee, Baltimore Sun, May 7, 2008
$500,000 settlement accepted in Central Booking beating death, Examiner.com, May 7, 2008
Prisoner dies after altercation with guards, Baltimore Sun, May 16, 2005
Related Web Resources:
End brutality behind bars, Baltimore Sun, April 24, 2008
Maryland Department of Public Safety and Correctional Services
]]> Contact Lebowitz & Mzhen today for your free consultation with a Maryland personal injury attorney.]]>In Baltimore, Maryland, one man is suing Northwest and Sinai hospitals for wrongful death. Michael Bennett says that his 88-year-old father died because he was infected by six different bacteria while undergoing treatment for a respiratory virus in 2004. The infection reportedly contaminated his blood, heart, and lungs before destroying his leg and his kidneys. He died soon after. Maryland is one of over 20 US states that have measures requiring that hospitals in the state reveal their infection rates.
Consumers Union, an interest group, says that approximately 90,000 people die each year at US hospitals after contracting an infection, with 1.9 million others becoming sick from infection. The fatalities have cost the country about $5 million more in health care spending.
Many infections are contracted through ventilators, intravenous tubes, and catheters that can lead to staph infections, urinary tract infections, or other infections.
Federal officials, however, say that hospitals are cited for improper practices that lead to patient infections.
It is the responsibility of hospitals in the United States to ensure that patients receive a certain level of medical care. Part of that standard requires a certain degree of cleanliness and sanitation at the medical facility. Patients are not supposed to suffer because a hospital has not taken the proper steps to ensure that they’ve reduced the risks of infection.
In Maryland and Washington D.C., our medical malpractice attorneys represent injury victims and families that have suffered because of hospital negligence or carelessness.
Report calls for better hospital standards, Baltimore Sun, April 17, 2008
Related Web Resources:
In 2007, one out of every nine traffic accident fatalities was a motorcyclist. 4,810 motorcyclists died in 2006. While the number of car and truck accident deaths has declined, motorcyclist fatalities are on the rise.
Recent studies indicate that about 80% of motorcycle accidents result in injuries or death for the motorcyclists or their passengers—compared to 20% of other kinds of motor vehicle crashes.
In Maryland recent motorcycle accidents include:
In April, a motorcyclist (and his passenger) was critically injured after he crashed his bike to avoid colliding with a large farm sprayer.
In another accident last month, a motorist was seriously injured after almost crashing into a Dodge pick-up truck.
Beginning June 1, 2008, a new Maryland law goes into effect that will allow motorcyclists to place light emitting diode (LED) pods and strips so that other drivers can see them. The accent lighting will hopefully reduce the number of motorcycle injuries and deaths at night on Maryland roads.
Maryland Senate Bill 713 also lets motorcyclists use blue dot illumination on the backs of motorcycles.
According to ABATE of Maryland, Inc, the largest association of motorcycle riders, the majority of motorcycle accidents happen because the driver of the vehicle didn’t see the motorcyclist or was at fault in some other way.
If you or someone you love was seriously hurt in Washington D.C. or Maryland because of another party’s carelessness or negligence, contact our motorcycle accident law firm for your free consultation.
May is Motorcycle Awareness Month, Baynet.com, April 14, 2008
New Maryland Law Allows LED on Motorcycles, Clutch and Chrome, April 8, 2008
Related Web Resources:
According to court documents, John Weatherspoon III, then 40, sought treatment at the hospital for a cough and a fever in 2005. Hospital staff diagnosed him with renal failure and gave him sedatives. Due to the alleged failure of the staff to monitor the doses he received, he suffered cardiorespiratory failure and sustained an anoxic brain injury.
The lawsuit accused the hospital of breach of medical professional. The city has admitted to mishandling Weatherspoon’s case.
Weatherspoon now requires full-time medical attention. The settlement will pay for his medical care for life. He also recently settled a medical malpractice lawsuit with University of California for $250,000. UCSF doctors are among the personnel that work at San Francisco General Hospital.
Wrong Diagnosis
Unfortunately, the wrong diagnosis of a patient’s condition is not an uncommon occurrence. Misdiagnosing a patient’s symptoms can prove fatal—especially when someone is given the wrong medication because the diagnosis was incorrect. Wrong diagnosis, delayed diagnosis, and failure to diagnosis can be catastrophic.
In Maryland and Washington D.C., our personal injury lawyers handle serious medical malpractice cases and traumatic brain injury cases. Do not hesitate to contact our Maryland law firm for your free consultation with an experienced medical malpractice attorney or one of our traumatic brain injury lawyers.
$5 million OKd to settle S.F. malpractice case, SFGate.com, April 30, 2008
City Hall Watch: Board backs big settlement in lawsuit, Examiner.com, April 30, 2008
Related Web Resources:
San Francisco General Hospital
Brain Anoxia or Hypoxia, Healthlink.mcw.edu
A Bethlehem Steel dump truck, involved in Keibler’s cleaning project, rolled down an incline, crushing Morris’s leg. The welder was hospitalized for 1 month. He has not been able to perform his job since then.
Morris’s personal injury lawyer described how the truck’s wheels did not have chocks to keep it from rolling back. While the Keibler-Thompson Co.’s attorney argued that the defendant was only liable for the routine cleaning project and that the contractor that hired both the cleaning company and Morris should be held liable for the catastrophic accident, the jury disagreed.
The Baltimore County jury awarded Morris over $2.2 million in economic damages and $952,000 in non-economic damages, which Maryland will cap at $560,000.
Bethlehem Steel was also a defendant in the personal injury lawsuit until it filed for bankruptcy.
Work-related accidents often result in catastrophic injuries, and many injured workers are unable to ever return to their jobs.
Although Maryland’s worker’s compensation law prevents injured workers and their families from suing an employer, there may be a third party that is also responsible for your injury accident.
Our Maryland and Washington D.C. catastrophic injury attorneys have helped many injured workers obtain recovery from liable third parties. Often, workers’ compensation will not be enough to cover all medical costs and economic losses. Filing a third-party lawsuit can help you recover additional compensation.
Welder whose leg was crushed at Beth Steel plant wins $3M, The Daily Record, April 29, 2008
Related Web Resources:
The alleged injury incident occurred in Downtown Washington D.C. at the Victor Building in June 2003. Kim did not have her security card with her and reportedly followed Majano through an unmonitored locked door. Kim tried to stop Majano because she did not have her security clearance with her.
U.S. District Judge Rosemary M. Collyer says that under the Federal Tort Claims Act, the Smithsonian executive has immunity from personal injury lawsuits because she was a federal worker and the altercation took place during the course of doing her job. Majano may appeal the ruling.
According to Kim, she hurriedly brushed passed the janitor and their shoulders collided. Kim has said "I did not accost, assault, or otherwise touch this woman at any time during the course of our interaction."
Judge Collyer, however, found that Kim had opened the door so forcefully that Majano’s body struck the wall. The judge also accused Kim of pulling several times on Majano’s lanyard and leaving red marks on her neck before walking away.
Smithsonian guards reportedly tried to question Kim about the incident but she told them “I don’t have time for this mess.” A Smithsonian investigator called Kim’s behavior “unnecessarily aggressive.”
Majano says that the attack left her with a herniated disk. Her doctors says that she had surgery, is now disabled, and takes prescription pain drugs. They also say she won’t be able to return to work as a janitor.
Kim has never faced disciplinary action for the incident. Majano’s personal injury lawyer is accusing Kim of violating workplace policies.
Please contact our Washington D.C. personal injury law firm if you or someone you love was seriously hurt because of another party’s carelessness, recklessness, or negligence in Maryland or Washington D.C.
Suit Against Smithsonian Executive Dismissed, Washington Post, April 25, 2008
Janitor Testifies Smithsonian Executive Assaulted Her, Washington Post, January 17, 2008
Related Web Resource:
Read the Court Ruling (PDF)
]]> Contact Lebowitz & Mzhen today. ]]>Shank, 52, sustained her catastrophic injury when her minivan was struck in a truck accident. She and her husband Jim were awarded $1 million in personal injury damages. After paying for legal expenses, $417,000 was placed in a trust to cover Shank’s long-term care.
Shank no longer has most of her short-term memory and is confined to a wheelchair. She keeps forgetting that her 18-year-old son Jeremy died in Iraq and cries like it is the first time she has found out every time someone tells her he is dead after she asks about him.
Shank was a Wal-Mart employee that signed up for the company’s health and benefits plan when the tragic truck crash happened. Wal-Mart’s insurance coverage had covered approximately $470,000 of her medical costs.
The retail giant sued Shank to recover the same amount after she won her lawsuit, but a court decided it could only recover what remained in her trust. Apparently, the company’s health plan allows Wal-Mart to recover medical costs if a worker obtains damages from a personal injury case. Over $200,000 is left in her trust.
The Shanks lost the lawsuit, appealed the decision, and lost again. Earlier this year, the U.S. Supreme Court refused to hear their appeal.
Shank’s family had been hoping that Wal-Mart wouldn’t try to recover the money, which they need to cover her care costs. Shank has permanent brain damage and is unable to have relationships with her husband and her children.
In 2007, Jim, who has prostate cancer, divorced her so she could receive Medicaid.
In Maryland and Washington D.C., our catastrophic injury attorneys represent clients that have been seriously injured in accidents caused by the negligence of others.
Wal-Mart Rethinks Its Move on Deborah Shank, US News & World Report, April 3, 2008
Brain-damaged woman at center of Wal-Mart suit, CNN.com, March 25, 2008
Related Web Resources:
]]> Contact Lebowitz & Mzhen today.]]>There has been no finding of guilt for the two boys. The charges against the two boys are expected to be dismissed following an agreement that they each perform 15 hours of community service. Their lawyers say they that were banned from their schools and had their bus privileges revoked without receiving due process or a hearing.
Both 15-year-old boys are not allowed to board any MTA buses. One boy is seeing a tutor, paid for by the city of Baltimore, because he cannot go to school. The other teen is now attending a different school but he cannot ride his school bus, which is an MTA bus.
Nine Robert Pool Middle School students in total had been charged with attacking Sarah Kreager and Troy Ennis after an argument about an empty bus seat.
Four of the students were found “involved” in Kreager’s assault. Another student was ruled involved in reckless conduct leading to Kreager’s serious injury. The term “involved,” in these instances, is the juvenile equivalent of being found guilty. All five of the students also were found involved in reckless conduct that seriously injured Kreager’s boyfriend Ennis.
The boys’ attorneys say that the personal injury lawsuit will cite the city’s negligence, as well as the negligence of its schools and the MTA to offer passengers safe travel. The MTA bus where the assault took place had picked up riders that weren’t students.
A 2006 General Assembly legislative audit expressed concerns that MTA bus drivers were not the most qualified.
If you believe that you suffered physical, emotional, or financial injuries or damages because of another party’s negligence in Maryland or Washington D.C., do not hesitate to contact our personal injury law firm today.
Attorneys say 2 students in bus attack case plan lawsuit, Baltimoresun.com, April 23, 2008
Baltimore Bus Beating Being Probed as Hate Crime, December 8, 2007
Related Web Resources:
Woman beaten on bus pleads guilty in drug case, Examiner.com, April 8, 2008
Free the MTA 9 - African Teens Wrongly Convicted in Baltimore, Indybayorg.com, April 18, 2008
The 4-year-old was reportedly in critical condition when she was transported by air to Johns Hopkins Children's Center in Baltimore. The truck driver and his passenger, both employees of a liquor company, sustained minor injuries and were transported to Howard County General Hospital for medical attention.
According to witnesses, the Altima crossed over the double yellow-line in the middle and ran head-on into the truck. Howard County Police say they do not expect to file criminal charges against the truck driver.
Residents in the area say that this stretch of US 1 is a common site for car accidents. One Brentwood Manor resident says that at least seven motor vehicle crashes have occurred in less than two years. Others in the area say that crashes and rear end accidents occur monthly.
Other residents cited heavy traffic and the 50 mph speed limit as reasons for why the strip of freeway is a common scene for auto collisions. Other residents say that installing a traffic light could decrease the number of motor vehicle accidents at the intersection.
The State Highway Administration says that it has not received any requests to examine the stretch of road.
If someone you love has died in Maryland or Washington D.C. in an auto accident that you believe was caused by a negligent driver or because the proper traffic signs and signals or other safety measures were not put in place, one of our Maryland auto accident lawyers can explore the merits of your case. You may be entitled to personal injury compensation.
Examples of hazards on a road that can be remedied:
• Fixed objects on a road, such as trees and open culverts
• Potholes
• Roads that need resurfacing
• Confusing traffic signs
• Improperly designated construction zones
Jessup crash on U.S. 1 kills 4, Baltimore Sun, April 23, 2008
Howard Co. Police Investigate Fatal Jessup Crash, WJZ.com, April 23, 2008
Related Web Resource:
Penn is alleging that the city’s agencies failed to properly handle the complaints that his daughter’s life was in danger and that because of this negligence, his daughter endured physical, mental, and emotional injuries before her death.
He accused the District of failing “to properly train, supervise, control, direct, and monitor its employees in their duties and responsibilities” and wants to know why the D.C. government did not do more to make sure that the girls were living in a safe environment. Penn filed his wrongful death lawsuit in District of Columbia Superior Court.
Banita is being held without bond on murder charges after she was accused of killing her four girls. U.S. Marshalls discovered the decomposing bodies when they went to Banita’s house on January 9 to serve her an eviction notice.
According to investigators, the bodies were so badly decomposed that they have been unable to determine their cause of death or when the deaths happened—although they believe that the girls died months before their bodies were discovered.No one has reported seeing the girls alive since spring or summer last year.
Jacks, 33, told police that her children were possessed by demons and they passed away in their sleep.
D.C. Mayor fired six Child and Family Services Agency workers soon after, accusing them of not doing enough to investigate complaints regarding the quality of care that Jacks was giving her daughters.
In Maryland and Washington D.C., our personal injury and wrongful death lawyers have helped many injured parties recover their losses.
Father of Girl Found Dead in D.C. Home Sues District, Washington Post, April 9, 2008
Forensic Expert to Aid In Review of Evidence In Children's Deaths, Washington Post, April 5, 2008
Related Web Resource:
D.C. Woman: "Demons" Possessed Slain Girls, CBS News, January 11, 2008
]]> Contact Lebowitz & Mzhen today. ]]>By agreeing to the settlement, they forego the option of filing personal injury and wrongful death lawsuits against the university, the state of Virginia, the local governments that serve Virginia Tech, and the local community board that provides mental health services.
The settlement will provide compensation to families that lost loved ones and cover injured survivors’ medical expenses. Attorneys for 21 families that have agreed to settle say the value of the settlement is greater than $11 million. They say that the settlement would forever take care of the medical costs of the victims that suffered catastrophic injuries, while also well compensating the families that lost loved ones in the shootings.
The families that have not agreed to take part in the settlement have until April 16 to file their lawsuits, which could result in a court disagreement over whether or not the shooter was solely responsible for the slayings.
The Virginia Tech massacre took place on April 16, 2007, when Seung-Hui Cho, a student with mental issues, killed two people in a campus dorm before shooting down 30 others in a school building two hours later. He then committed suicide.
The University has been criticized for not letting students, teachers, and others know about the first shootings. Police say they thought the dorm slayings were an isolated incident involving domestic violence. In 2005, a court had ruled that Seung-Hui Cho was a danger to himself and ordered that he receive outpatient mental health care—treatment that he never received.
If someone you love has died or was injured in a tragic accident that you believe was caused by someone’s negligence, recklessness, or carelessness, you and your loved one may be entitled to compensation and other associated costs.
The best way to protect your rights to compensation is to contact an experienced Maryland or Washington D.C. personal injury lawyer right away.
Most families of Va. Tech shooting victims settle, Los Angeles Times, April 11, 2008
Families of Va. Tech victims reach $11M settlement, Baltimore Sun, Associated Press, April 10, 2008
Related Web Resources:
Massacre at Virginia Tech, CNN.com
]]> Contact Lebowitz & Mzhen today. ]]>A Maryland state trooper shot Dean in 2006 following a 14-hour standoff between the veteran and SWAT teams and armored vehicles outside his father’s house in St. Mary’s County.
Dean’s family says that Dean had been suffering from Post-Traumatic Stress Disorder and that 16 individual officers, the state, and the three counties acted maliciously and with “callous disregard” for his life during the altercation. The lawsuit accuses the defendants of “needlessly provoking Dean.”
Dean was diagnosed with PTSD and serious depression after he spent a year leading a small infantry division in Afghanistan. He was instructed by the military to head to Iraq for a tour in January 2006.
The night before his death, Dean drank large quantities of alcohol and started throwing plates around the house. His wife, Muriel says she ordered him to leave because she was afraid he would hurt himself.
Dean went to his father’s house. His sister Kelly called police because she heard a gunshot and feared that he would try to kill himself.
Police began arriving. Following several hours of negotiation, police fired tear gas into the house to force Dean out. Dean eventually opened the door and pointed his gun at a state police vehicle. He was shot and killed by a single bullet fired by State Police Sgt. Daniel Weaver.
In 2007, St. Mary's state's attorney issued a report that said Dean’s death could have been avoided if police officers had used less aggressive tactics.
The lawsuit says state officers failed to let family members talk to Dean, used paramilitary tactics against a man who was traumatized from war, and neglected to bring a psychiatrist in to diffuse the standoff.
If someone you love has died because of the negligent actions of another party, you should contact our Maryland wrongful death law firm immediately.
Veteran's Family Sues Police, Counties, Washington Post, April 9, 2008
Reservist Due for Iraq Is Killed in Standoff With Police, Washington Post, December 27, 2006
Related Web Resources:
Post-Traumatic Stress Disorder, National Institute of Mental Health
]]> Contact Lebowitz & Mzhen today.]]>Washington D.C. Mayor Adrian M. Fenty says the lawsuit does not even name all of the egregious properties in the District. D.C. officials say that the lawsuit comes after years of trying to get landlords to improve the conditions on their properties through fines, requests, demands, and civil lawsuits filed by the DC Department of Consumer and Regulatory Affairs.
The owners of the 58 building that have not been placed in receivership reportedly have a history of refusing to make the necessary building repairs or secure the proper licenses to rent out their properties. The lawsuit is intended to force the owners into compliance.
Leaks, pest infestations, mold, and inadequate security are some of the conditions on a number of the premises that require repair or remedy. Because many of the tenants are poor and/or are immigrants, the the landlords may not feel as much pressure to make the necessary repairs. Other landlords reportedly allow the conditions on their properties to deteriorate so that their tenants are forced out due to “eviction by neglect” and the buildings can be rebuilt into upscale housing without violating any tenant conversion laws.
Unfortunately, poor and unsafe conditions on a rental property can pose a health and/or danger risk to tenants and their visitors. Inadequate security can lead to residents becoming the victims of crimes, including sexual assault, physical assault, murder, and robbery.
Not making the proper repairs on a property can lead to slip and fall accidents, electrocution accidents, fires, asbestos or lead paint hazards, and other premises liability-related accidents or dangers.
If you have been injured or someone you love has died on another person’s property because of the property owner’s negligence or carelessness, our Washington D.C. personal injury law firm would like to talk to you.
District Sues 23 Landlords for Code Violations, WashingtonPost.com, April 5, 2008
Premises Liability Overview, Justia
Related Web Resources:
Renter's Rights and Responsibilities: The Basics, Virginia State University
Tips on Renting in the District of Columbia, Washington Post
]]> Contact Lebowitz & Mzhen today to schedule your free consultation with one of our experienced premises liability attorneys.]]>Over one of every nine road fatalities in 2006 involved a motorcycle rider. The NHTSA is providing this information to prepare motorists for “Share the Road,” Motorcycle Safety Awareness Month, which takes place in May.
Motorcyclists continue to likely to be involved in motor vehicle accidents for a number of reasons, including:
• The smaller size of a motorcycle can make it more difficult for other drivers to see.
• It is sometimes hard to gage how fast a motorcycle is moving.
• Motorcycle riders don’t have anything except for protective clothing standing between their bodies and the impact of a collision.
To prevent motorcycle accidents, The NHTSA recommends that car drivers, truck drivers, and bus drivers do the following:
• Allow a motorcyclist the full lane width.
• Always signal your intentions.
• Check your blind spots.
• Allow more following distance when you are driving behind a motorcycle.
The Maryland Motor Vehicle Administration provides a list of protective gear for motorcyclists:
• The DOT (Department of Transportation)-approved Helmet, which is mandatory for all motorcyclists riding in Maryland.
• Approved eye protection (Also mandatory for Maryland riders)
• A long-sleeved jacket or shirt
• Over-the-ankle shoes/boots
• Long pants made with sturdy material
• Full-fingered gloves
Please contact our Maryland motorcycle accident law firm to discuss your case with one of our experienced motorcycle crash lawyers. Your first consultation is free.
2008 Motorcycle Awareness Safety, NHTSA.gov
Protective Riding Gear, Maryland Motor Vehicle Administration
Related Web Resources:
Maryland MVA Guide for Motorcycles, DMV.org
Staff Sgt. Ivan James Westrick and at least seven others are suing Jones and the nursing agency that employed him when he was working at William Beaumont Army Medical Center, where the infection was spread.
At least 7 other military service members or their family members say that they were infected with the disease because of Jones. According to federal prosecutors, Jones spread the disease in 2004 when he diverted fentanyl, often used as anesthesia, from patients to himself during surgeries at the El Paso, Texas military hospital.
Victims include an active-duty soldier, a retired Army chief warrant officer, a former Fort Bliss commanding general, and the wife of a retired Marine Corps gunnery sergeant.
Jones has pled not guilty to the charges and denies using dirty needles during the procedures.
The plaintiffs say that having Hepatitis C has forced them to undergo lengthy and aggressive medical procedures.
Hepatitis C is a liver disease that is caused by the Hepatitis virus that can be transmitted via blood transfusions. According to court records, Jones tested positive for Hepatitis C following the outbreak. After the outbreak, Jones was taken off the surgery unit but continued working as a nurse at the Texas hospital and later at other hospitals.
The Centers for Disease Control and Prevention did not link Jones to the outbreak until after he stopped working at the El Paso hospital. He was arrested in Florida, where he had opened up his own business, Jones Anesthesia, LLC.
In Washington D.C. and Maryland, our medical malpractice law firm handles cases where patients have been injured because of the medical negligence or recklessness of a doctor, a nurse, a hospital, or another medical provider. We also handle claims and lawsuits against VA (veterans administrative) hospitals and other military facilities for military medical malpractice.
15 Hepatitis Infections Tied to Ex-Nurse, AP, March 21, 2008
Military Medical Malpractice Overview, Justia
Related Web Resources:
Riverside patient tests positive for hepatitis C, DailyPress.com, April 3, 2008
Viral Hepatitis C, CDC.gov
Hepatitis C, MayoClinic.com
]]> Contact Lebowitz & Mzhen today for your free consultation with one of Maryland or Washington D.C. medical malpractice attorneys. ]]>