Maryland Accident Law Blog

Maryland Sex Abuse Lawsuit Seeks Over $356M For Two Juveniles From Foster Dad and MENTOR Maryland Inc.

July 11, 2011 | Lebowitz & Mzhen

Two minors are suing MENTOR Maryland Inc. and Stephen James Merritt for Maryland sexual abuse. They are seeking over $456 million. MENTOR Maryland is a private foster care placement agency and Merritt is a 39-year-old foster dad from Mardela Springs who accused of the abuse. Earlier this year he was charged and indicted for allegedly sexually abusing seven boys inside his residence.

Following the Maryland sex abuse allegations against Merritt, the children staying at his home were taken away from there right away. Until then, Merritt and his wife were licensed as foster parents. Also arrested and charged with sex abuse of a minor at around the same time as Merritt was his uncle, Tracy G. Bayne, who lives close to his nephew.

In their Maryland personal injury case, the victims are claiming that the foster care placement agency did not meet recognized standards when it failed to routinely visit the home, supervise the kids, or respond to complaints made against Merritt. They are claiming that MENTOR breached its duty to protect and supervise the juveniles and neglected to provide them with a safe place to live. Meantime, MENTOR is maintaining that not only does it conduct background checks, but it also makes regular home visits and does health and safety checks on a quarterly basis.

4-Year-Old Shot and 1 Man Fatally Stabbed During 4th of July Baltimore Fireworks Festivities

July 5, 2011 | Lebowitz & Mzhen

4th of July festivities in downtown Baltimore turned violent yesterday when one man was fatally stabbed and a 4-year-old was shot during the event. Thousands attended the celebration—almost twice as many attendees as last year—that was manned by almost 600 state and city officers. On Monday, Mayor Stephanie Rawlings-Blake condemned the violence.

According to Police Commissioner Frederick H. Bealefeld III, 26-year-old Joseph Lorenzo Calo was stabbed in the neck with a broken bottle by someone that he’d gotten into a shoving match with outside McCormick & Schmick’s Seafood Restaurant. Baltimore police are confident they can find the assailant.

Meantime, 4-year-old Kavin Benson was shot in the leg while walking with his father and the dad’s pregnant fiancé on Pratt Street. The boy, who was treated at Johns Hopkins Children’s Center, had a small-caliber bullet lodged near his knee. Police are not sure how he was shot.

If you or someone you love was injured while at a public event and you believe that the Maryland accident could (or should) have been prevented, you may have grounds for a Baltimore injury case. Premise owners and those in charge of running an event must exercise the necessary precautions to make sure that visitors, participants, and others don’t get hurt. This includes making sure that there is adequate security, proper lighting, crowd control, proper supervision, and if the venue is one where there is traffic that vehicles are redirected so that no one ends up injured in a Maryland pedestrian accident.

Boy’s Family Reacts To July Fourth Shooting, WBALTV, July 5, 2011
Baltimore fireworks violence: Shooting, stabbing in spite of heavy police presence, Baltimore Sun, July 5, 2011

Related Web Resources:
Baltimore Fourth of July Celebration 2011 Fireworks, Baltimore.biz
Premises Liability, Justia
More Blog Posts:
Transgender Woman Attacked at McDonald’s in Baltimore Says She Was Victim of “Hate Crime”, Maryland Accident Law Blog, April 27, 2011
Montgomery County Premises Liability: Nordstrom Ordered to Pay Nearly $1.6M to Two Women Injured in 2005 Bethesda Mall Stabbing, Maryland Accident Law Blog, April 21, 2011
Recent Shootings at Safeway and Walmart Raises the Question of How Liable Premises are for Violent Crimes, Washington DC Injury Lawyer Blog, January 23, 2011

New Crib Safety Standards Aim to Protect Infants and Toddlers from Injury and Death

June 28, 2011 | Lebowitz & Mzhen

Beginning today, the federal government’s new crib safety standards are in effect, which means that drop-side cribs can no longer be sold, manufactured, or distributed. Manufacturers, retailers, and distributors must also adhere to the other new requirements, including:

• Stronger crib slats
• Tougher mattress support
• More durable crib hardware
• More rigorous testing

Our Baltimore products liability law firm is pleased to hear about the tougher measures that are now in effect and hopefully decrease the chances of child injuries or deaths in a crib, which is supposed to be one of the few safe places a parent or guardian can leave their child unsupervised. However, this has not been the case in recent years. The CPSC has had to recall over 11 million cribs since 2007 because of possible safety hazards and over the last decade, defective cribs and faulty crib hardware have caused at least 32 deaths involving suffocation or strangulation.

Drop-side cribs have proven especially dangerous, with their sides that risk of becoming detached or collapsing. Fall accidents resulting in head injuries, entrapment from a baby getting stuck between the side of the crib and the mattress, and other serious injuries have also occurred.

Even with these new standards now in effect, it is important to note that hotels, day care providers, and crib rental companies still have until December 28, 2012 to comply with them, which means that your child could end up in a defective crib if you don’t double check to make sure that the crib does in fact meet the new safety standards.

Safer Cribs for Babies Available Starting Today, CPSC, June 28, 2011

Consumer Product Safety Improvement Act of 2008 (CPSIA)

Crib safety tips, Consumer Reports

Juvenile Products Manufacturers Association

More Blog Posts:
Nearly 800,000 Dorel Child Safety Seats Recalled, Washington DC Injury Lawyers Blog, February 16, 2011
Preventing Maryland Injuries to Children: Latest CPSC Baby Product Recalls Include Recliners, Pacifiers, Playards and Drop-Side Cribs, Maryland Accident Law Blog, July 26, 2010
Simplicity Drop-Side Cribs Linked to Eleventh Infant Death, Maryland Accident Law Blog, December 21, 2009

Maryland Car Accident Lawsuits: Should Bars Be Held Liable For Serving Drunk Drivers Alcohol?

June 27, 2011 | Lebowitz & Mzhen

Montgomery County Circuit Judge Eric Johnson is currently deciding whether liability should be imposed on bars that serve alcohol to drunken patrons that end up causing Maryland car crash that results in injuries or death. The state is one of the remaining few in this country that does not have a dram shop liability law that holds vendors civilly liable for this.

At issue is the $3.25 million Montgomery County, Maryland wrongful death complaint filed by the guardians of Jazmine Warr against JMGM Group LLC, which owns Dogfish Head Alehouse. Warr, 10, died from the car carsh injuries she sustained in 2008 when the jeep she was in was rear-ended by a car driven driver Michael D. Eaton, who was drunk at the time and speeding at 88 to 99 mph. Also injured in the Maryland car crash were Warr’s 11-year-old half-sister Cortovia Harris and William J. Warr and Angela T. Warr. According to state police, Eaton, who was known for being a drunk, was at the Dogfish Head Alehouse for two hours before the deadly traffic crash.

In their Montgomery County, Maryland car accident lawsuit, Warr’s guardians want the restaurant to pay for serving alcohol to Eaton. However, the defendant’s legal representation is seeking to get Judge Johnson to rule in favor of the restaurant owner because of the lack of a dram shop liability law. Johnson had already ruled to send the wrongful death case to trial, so this would be his second decision following Johnson’s request.

Maryland Injuries to Minors: Portable Pools are Just as Dangerous as Swimming Pools, Reports Pediatrics

June 22, 2011 | Lebowitz & Mzhen

According to the journal Pediatrics, wading and inflatable pools pose just as big of a drowning danger as in-ground pools—especially for kids. This Maryland child injury risk is important for parents to know about. The study looks at data that the US Consumer Product Safety Commission had gathered about drowning and near-drowning accidents that took place between 2001 and 2009.

In the summers during that time period, a child drowned in a portable backyard pool once every five days. The incidents resulted in 209 deaths from submersion and 35 non-fatal accidents involving kids under 12. Although Gary Smith, the study’s author, isn’t saying that kids shouldn’t be allowed to swim in portable pools, he does note that parents need to realize the possible dangers involved and they should the necessary safety precautions to protect their children, including:

• Making sure that children are properly supervised in the pool—this includes not texting or getting drunk while watching the kids.

• Securing the pool when no adults are around so kids can’t get in the water without permission.

Remember, you need just a few inches of water to drown in so even if the pool at issue is a wading pool, it can still pose a drowning hazard.

Our Maryland swimming accident lawyers represent families whose children have suffered injuries because someone else was negligent. In some cases, the negligent party may be a property owner that didn’t take precautions to prevent kids from entering a pool without permission or adequate supervision. Examples of other possible responsible parties in a pool drowning accident: the manufacturer of a defective pool drain or the host of a swimming event who failed to properly supervise the swimmers.

Portable pools a summer risk for children, Reuters, June 20, 2011

Pediatrics

CPSC

More Blog Posts:
Dementia Patient’s Wandering Leads to Death—Nursing Home Fined $20K for Negligence, Maryland Nursing Home Lawyer Blog, June 6, 2011
CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents, Washington DC Injury Lawyer Blog, May 4, 2011
In Maryland, Accidental Drowning Of Anne Arundel County 5-Year Old Renews Calls For Greater Pool Safety, Maryland Accident Law Blog, October 13, 2006

Dangerous Medical Device?: Woman Files Cold Therapy Lawsuit Against DeRoyal Industries Alleging Tissue Damage

June 18, 2011 | Lebowitz & Mzhen

Another person has recently stepped forward to sue DeRoyal Industries for products liability. The plaintiff, Toleda Rotolo, claims that she sustained permanent tissue damage after using a DeRoyal T505 cold therapy unit on her one of her. Rotolo contends that as a result of her personal injuries, she will have to keep receiving ongoing and extensive medical care.

In her dangerous drug complaint, Rotolo claims that not only did the defendant make a product that was unreasonably dangerous, but also it failed to provide adequate warnings to health care professionals and patients about the injury risks involved. She wants damages for suffering, pain, emotional trauma, disfigurement, physical impairment, and medical expenses.

Rotolo’s personal injury lawsuit is one of a growing number of complaints over cold therapy while the questions over whether consumer-run machines meant for home use are safe. The units are supposed to help with swelling and pain by exposing the injured body parts to cold and heat for hours. The cold therapy is supposed to limit blood flow to the injured area, decelerate the nerve impulses letting you know that you are hurting, and help distract your mind from pain. However, there have been complaints claiming that the medical devices may cause skin damage, frostbite, nerve damage, or increase the risk of limb amputation.

11 Maryland Boating Accident Deaths Reported to Date for 2011

June 15, 2011 | Lebowitz & Mzhen

According to the Baltimore Sun, there have already been 11 Maryland boating accident fatalities so far this year. All of the victims were male—compare that to last year when the state didn’t report is fourth Maryland boating death until June 24 or the fact that over the last 10 years, there have been on average 10 boating fatalities here annually.

The news of the fatalities even as boating season has yet to fully kick off and we are about to head into July, which is the busiest time for Maryland boating accidents. Dropping gas prices also will likely spur people onto the water.

Our Maryland boating accident lawyers represent victims and their families. We know how to prove negligence and pursue recovery from all liable parties. The responsible party may be a boating operator, the boat manufacturer, the boat company operator, or others. A lot of this will depend on the specifics of your case.

Maryland Injury Accident: High School Football Player Injured in Pre-Football Training Program

June 9, 2011 | Lebowitz & Mzhen

A high school freshman sustained rhabdomyolysis after undergoing a serious of conditioning exercises as part of a pre-football training program at a Montgomery County high school last month. Now, Brian Jordan, who had to undergo seven surgeries to fix the damage to his muscles following the Maryland injury accident, will also have to undergo three months of physical therapy.

WAMU.org reports that Jordan’s parents are demanding an apology from the principal of Wootton High. They are also reportedly planning to take legal action.

Rhabdomyolysis

This involves the breakdown of muscle fibers that causes myoglobin to be released into the bloodstream. Rhabdomyolysis can cause kidney damage or acute tubular necrosis.

Schools are supposed to make sure that activities and athletics programs are safe for kids to take part in. This includes making sure that athletes are not pushed to work out to the point that they could get hurt. In some incidents where this responsibility was disregarded, kids have died or sustained serious injuries.

Recently, a 19-year-old sued his former high school after he sustained head injuries when playing football during the 2007 season. Zachary Alt suffered three concussions and a traumatic brain injury. He says coaching staff told him to keep playing even after his initial injuries.

If you believe your child got hurt because another party was negligent, you may have grounds for a Montgomery County, Maryland child injury case. Our Baltimore personal injury attorneys know how upsetting it can be to see your child suffer.

Parents of Injured Wootton High Student Demand Apology, WAMU.org, June 9, 2011
Former high school football player sues Highlands over head injuries, Post-Gazette, April 8, 2011

Related Web Resources:
Head injuries in Football, The New York Times
Head injuries in youth football: Concussion risk alarms parents, The Palm Beach Post, October 23, 2010

More Blog Posts:
$1.5 Million Maryland Personal Injury Lawsuit Filed Against Howard County Following Alleged Physical Assault by High School Assistant Football Coach, Maryland Accident Law Blog, November 16, 2010
Maryland TBI: Call a Concussion a Mild Traumatic Brain Injury, Says Researchers, Maryland Accident Law Blog, January 23, 2010
Washington DC Playground Accidents are a Leading Cause of Injuries to Minors, Washington DC Injury Lawyer Blog, April 19, 2006

Hot Weather May Bring More Maryland Dog Attacks

May 31, 2011 | Lebowitz & Mzhen

With summer approaching, now is a good time to remind families that this is the time of year when the number of Maryland dog bite victims can go up. Aside from the fact that more kids and dogs are outside playing, researchers have suggested that dogs may be more likely to feel irritable when the weather is warm.

Recently, five children were rushed to the hospital after they were hurt in a Prince George’s County dog attack. They were getting onto a school bus when an American Bulldog came at them.

Getting hurt in a Maryland dog attack is never fun. Serious injuries can result—especially for young children or elderly victims. Rabies, facial injuries, tissue loss, lacerations, flesh wounds, nerve damage, crush injuries, disfigurement, scarring, sprains, factures, C. canimorsus infections, cellulitis or even death can occur. Dog bite incidents can also be very traumatic experiences and survivors may experience post-traumatic stress disorder, depression, or other emotional injuries. These invisible injuries can have just as powerful an effect on the victim as the physical injuries that can result.

Dog owners should make sure that their pets are properly secured and trained so that they don’t inflict serious harm to others. This includes making sure that the animals are up to date on their rabies vaccines and when they are playing outside that there is either a fence around the yard to keep them contained or that they are securely leashed so that they don’t attack anyone.

Maryland Dog Bite Cases

It can be tough to prove liability and obtain compensation for one’s dog bite injuries in the state of Maryland. This is just one reason why working with an experienced Prince George’s County dog attack lawyer is the very important.

Dog attacks children on school bus, Washington Post, May 18, 2011
Dog Bite Risk for Kids Greatest in Summer, ABC News, March 9, 2009

Related Web Resources:
Cat and Dog Bites, Family Doctor
Animal Bites, Medscape

More Blog Posts:
7-Year-Old Girl Injured in Dundalk, Maryland Dog Attack Sustained Severe Facial Injuries, Maryland Accident Law Blog, March 26, 2011
Washington DC Dog Bite Injuries Can Be Grounds for Personal Injury, Washington DC Injury Lawyer Blog, December 18, 2010
Maryland Dog Bites off Part of Anne Arundel County Police Officer’s Ear, Maryland Accident Law Blog, November 3, 2008

Maryland Birthing Malpractice Leaves Devastating Consequences for Parents and Child

May 30, 2011 | Lebowitz & Mzhen

Our Baltimore birth injury lawyers are aware of the devastating effects resulting from Maryland birthing malpractice. We also know how important it is to obtain financial recovery from all liable parties.

Serious injuries sustained from birth can disable a child for life and strapping his/her chances of leading a normal life, while strapping parents with hefty, nearly impossible to afford medical and long-term care expenses. It is important that you work with an experienced Maryland medical malpractice law firm that knows how to prove negligence.

Examples of injuries that can occur from birthing negligence:
• Vacuum injuries
• Cerebral palsy
• Hypoxia
• Developmental delays
• Forceps injuries
• Shoulder dystocia
• Brain injuries
• Wrongful death
Examples of common types of medical mistakes that may occur:
• Rushing to deliver the baby
• Failure to monitor vitals
• Failure to provide appropriate prenatal care
• Failure to test for fetal abnormalities
• Waiting too long to deliver the baby via C-section
• Anesthesia errors

Unfortunately, many hospitals and medical professionals will deny allegations of birthing malpractice.

A recent birthing malpractice case that made national headlines is the one in which the jury awarded a couple $58 million. Dominic and Cathy D’Attilo’s son was Daniel was born with severe birth injuries, including brain damage. They accused Dr. Richard Viscarello of waiting too long to perform a C-section. Daniel, now 8, is unable to walk or talk.

$58 Million Awarded To Connecticut Couple In Delayed C-Section Case, CBS, May 26, 2011

Related Web Resources:
Medical Malpractice, Nolo
Cerebral Palsy, National Institute of Neurological Disorders and Stroke
More Blog Posts:
Maryland Birthing Malpractice: Expansion of Consent Doctrine Restores $13 Million Cerebral Palsy Verdict, Maryland Accident Law Blog, July 31, 2009
$3,991,000 Million Maryland Cerebral Palsy Verdict Awarded to Family, Maryland Accident Law Blog, June 3, 2009
Parents of Baby who Suffered from Permanent Brain Injury Awarded $4.4 Million for Birthing Malpractice, Maryland Accident Law Blog, February 20, 2009