Articles Posted in Wrongful Death

A Montgomery County, Maryland jury has awarded John and Sandra Ketterman $1.85 million for their newborn’s wrongful death. Their son, Benjamin, died two days after he was born in July 2005.

The Kettermans had accused Dr. Leonard Bienkowski of negligently using vacuum extraction during their son’s delivery at Frederick Memorial hospital. In their Maryland wrongful death complaint, the couple contended that the doctor neglected to follow the standards of medical care and failed to warn them about the potential dangers associated with the procedure. They also claimed that Bienkowski opted to use this process even though their son wasn’t in distress. The Kettermans have said that if they had known of the risks, they would have opted for the doctor to deliver their son via emergency cesarean section.

Benjamin sustained a fatal birth injury when his head got stuck in the birth canal during delivery. The Maryland jury awarded $100,000 for the newborn’s pain and suffering before he died, $752,000 for economic damages, including funeral costs and medical expenses, and $500, 000 to each parent for their suffering.

In Maryland, the Court of Special Appeals has revived the wrongful death lawsuit a family that sued the University of Maryland Medical System Corp. for a woman’s wrong diagnosis that she had arthritis instead of a deadly cancer.

In March 2001, Rice was diagnosed with osteoarthritis. She had experienced pain in her left knee. It wasn’t until several months later that a ruptured cancerous cyst was found.

Rice had to undergo surgery, radiation, chemotherapy, and radiation. She died in March 2003. In November 2003, her children filed a claim with the Health Care Alternative Dispute Resolution Office. They said that delayed diagnosis and treatment contributed to her death. They waived arbitration and filed their Maryland wrongful death lawsuit in Baltimore City Circuit Court.

The parents of Andrew Waybright, a 23-year-old firefighter trainee that died after suffering from heatstroke in 2002, have reached a Maryland wrongful death settlement with Frederick County. Per the terms of the agreement, the County will pay $300,000 to Shirley and James Waybright, as well as install a commemorative plaque at the Frederick County Public Safety Training Center.

Andrew, who at the time was a Harney volunteer in Carroll County, was training for a full-time position in Frederick County when the tragic incident happened. He collapsed on July 3, 2002 while participating in an outdoor workout at the center while taking part in a nearly 4-mile run.

Instructors at the training center performed CPR on Andrew after he collapsed. He was pronounced dead upon his arrival at Frederick Memorial Hospital. Doctors that examined Andrew’s body at the hospital said his temperature was 107.4.

The father and sister of Erica Peters, the woman who was murdered along with her two children in her apartment on March 21, are planning to sue the District for her wrongful death. The plaintiffs are contending that the 911 dispatcher and police may have botched their handling of an emergency call that was made on the afternoon that Peters, along with her sons, Eric, 11, and Dakota, 10, were killed.

Peters reportedly was stabbed more than 20 times. Her two sons were also stabbed. Joseph Mays, Peters’ live-in boyfriend, has been charged with all three murders.

Her family also believes that he isn’t the only one that should be held liable for the triple slaying. They think that the 911 dispatcher that answered the call made from inside Peters’ apartment may have told a cop that the screams heard over the phone could have been “child’s play.” Her family also thinks that police waited anywhere from 30 minutes to an hour and a half after no one answered the door before breaking into the home.

That is when they found the bodies. Mays, who was also in the apartment, sustained superficial chest wounds. The couple’s 2-year-old girl was also there and alive.

Wrongful Death for Murder

If someone you love was murdered, you may have grounds for filing a wrongful death lawsuit against the person that actually committed the crime. There also may be other parties that can be held liable for your loved one’s wrongful death—even if he or she didn’t commit the actual crime. For example, a wrongful death claim can be brought against a premise owner for the inadequate security that allowed for a crime to occur on a property, or police or a city can be sued for wrongful death if negligence on their part allowed for a murder to occur.

Family Suing Over D.C. Triple Murder, MyFoxDC, June 8, 2009
Charges Are Filed In Triple Stabbing, The Washington Post, March 23, 2009
Related Web Resources:
Wrongful Death Overview, Justia

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The families of Randall Orff, his son Jonathan, and James Hewitt Ingle are suing the Maryland Transportation Authority, driver Stephen Adam Burt, trailer owner Levon Andonian, tractor-trailer driver Joshua Hargrove, Mobile Mini Inc, tractor-trailer driver Edwin Tixon, Ag Trucking Inc, and Travelers Property Casual Co of America for Maryland wrongful death.

The three victims died on May 10, 2007 when a trailer detached from an SUV driven by Burt. The trailer went in front of Orffs’ vehicle, and a seven-vehicle pileup ensued. No criminal charges were filed against Burt.

The $19 million wrongful death lawsuit accuses Burt of negligence because of the manner in which he operated his motor vehicle. It also contends that Andonian was negligent because he did not include a safety hitch pin when he constructed the trailer and accuses the two tractor trailers (and their employers) of negligence because they allegedly drove too fast under the driving conditions of the time and neglected to control their motor vehicles.