Maryland Accident Law Blog

Senate Judiciary Panel Reviews Compensation Bill That Could Remove Asbestos-Related Personal Injury Cases From Courts

June 14, 2006 | Lebowitz & Mzhen

The US Senate Judiciary Committee is discussing changes to the Fairness in Asbestos Injury Resolution Act. The compensation bill offers a plan that would create a $140 billion trust fund that could end up removing asbestos-related personal injury cases from the courts. The fund would be financed from the revenues of companies facing asbestos litigation and their insurers, but some opponents of the bill worry that the fund might not be able to cover all liability claims and that taxpayers could end up paying for them.

Asbestos injuries result when a person who is exposed to dangerous levels of asbestos inhales or ingests asbestos fibers. Asbestos injuries can sometimes arise years after the incidence of exposure.

Job industries where the risk to asbestos is particularly high:

Hagerstown, Ocean City, and Indian Head Report Recent Pedestrian Accidents

June 12, 2006 | Lebowitz & Mzhen

Statistics by the United States Department of Transportation and the National Highway Transportation Safety Administration say that in 2002, over 4800 pedestrians were killed and over 70,000 others were injured in vehicle-related accidents.

On June 6 in Ocean City, Maryland, a female woman in her 20’s suffered head injuries after being hit by a car filled with River Hill, Pennsylvania high school graduates. The pedestrian had failed to use a crosswalk.

In Hagerstown, Maryland, police are blaming an 18-year-old teenager for two hit-and-run incidents that took place on June 3. According to police reports, William Guy IV was driving a Ford Bronco in the wrong direction on I-81 South when he hit a pickup truck and later hit a pedestrian. Guy is said to have left both accident scenes. Police finally apprehended him after his Bronco crashed into a road sign. The pedestrian and two other victims were treated and later released at Washington County Hospital.

Maryland Police Officer Sustains Burns After Police Cruiser Is Hit By A Motorcycle

June 8, 2006 | Lebowitz & Mzhen

Injuries from motorcycle accidents tend to be more severe than those incurred from car accidents. Motorcycle accidents can result in debilitating injuries and even death. In Beltsville, Maryland, at approximately 11pm on Thursday, May 25, a Maryland Police Officer was taken to the hospital with second and third degree burns after a motorcycle crashed into a police cruiser. Police say the motorcycle was allegedly speeding down the 12900 block of Baltimore Avenue when it hit the cruiser. The police vehicle flipped over, landed on top of the motorcycle, and burst into flames. One of the motorcycle riders was critically injured, while the driver of the motorcycle died at the scene.

Statistically, most motorcycle accidents occur at night. The number of motorcycle-related deaths also tends to be higher at this time.

The National Highway Traffic Safety Administration says that in 2003:

Recent Truck-Related Accidents Result In Injuries In Maryland And Washington DC

June 5, 2006 | Lebowitz & Mzhen

Truck accidents involving smaller vehicles or pedestrians often result in more deaths and serious injuries than other vehicle accidents.

– There are over 500,000 truck accidents on US roads each year

– About 5,000 deaths result from truck-related accidents

Maryland Police Promote Safety To Prevent Boat Accidents

June 2, 2006 | Lebowitz & Mzhen

As the boating season begins on Maryland’s waters this year, Maryland National Resources Police (NRP) have been working hard to educate people on practicing boating safety. Over Memorial Weekend, more than 16,000 boaters were checked by the NRP who issued 504 citations and 1846 warnings. They also held a National Boating Safety Week last month to promote safety precautions on a boat.

More than a dozen people die in Maryland each year due to boating-related accidents. In 2005, 14 people died and over 128 people were injured while riding a boat.

Nationally, in 2002, there were almost 6,000 boating accidents that led to 750 fatalities, over 4000 injuries, and over 39 million dollars in property damages.

Maryland Police Enforce Seat Belt Safety With “Click It Or Ticket” Campaign

June 1, 2006 | Lebowitz & Mzhen

Failure to wear a seat belt can sometimes affect the outcome of a personal injury lawsuit. In some states, failure to wear a seat belt can decrease the amount of compensation a plaintiff can receive. In other states, evidence of failure to wear a safety belt cannot be considered when determining the plaintiff’s damages.

In Maryland, more than 120 state law enforcement agencies are cracking down on passengers and drivers who don’t wear safety belts. The “Click It Or Ticket” campaign is part of a nationwide initiative to reduce auto accident deaths and increase Maryland’s 91% safety belt use rate.

State law enforcement groups have set up more than 100 seat belt checkpoints and enforcement zones where individuals not wearing seat belts will be ticketed. Special attention will be paid to safety belt use at night.

Maryland Malpractice Suit Filed By Family After Man Addicted To Painkiller Commits Suicide

May 30, 2006 | Lebowitz & Mzhen

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.

Teen Auto Accidents Continue To Cause Concern In Maryland

May 26, 2006 | Lebowitz & Mzhen

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:

New Competition for Medical Malpractice Insurance in Maryland

May 23, 2006 | Lebowitz & Mzhen

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

Worldwide Recall of Bausch and Lomb Contact Lens MoistureLoc Solution

May 19, 2006 | Lebowitz & Mzhen

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.