Maryland Accident Law Blog

Maryland Upholds Non-Economic Damages Cap in Anne Arundel County Wrongful Death of Boy Who Drowned

September 24, 2010 | Lebowitz & Mzhen

The Court of Appeals has upheld a state law that limits how much plaintiffs can receive for pain and suffering. They issued their decision regarding Maryland’s damages cap in the Anne Arundel County wrongful death case involving Connor Freed, the 5-year-old boy who drowned in a swimming pool at the Crofton Country Club in 2006.

A jury had awarded Connor Freed’s parents, Thomas Freed and Debbie Neagle-Freed, about $4 million against DRD Pool Service Inc., the company that provided lifeguards to the pool. However, because of Maryland’s cap on non-economic damages, the payment was reduced to about $1 million. The Freeds then filed a claim contending that the cap was unconstitutional since it does not give equal protection to all people.

In its ruling, Maryland’s highest court said that the cap’s existence has a legitimate purpose as it keeps liability insurance affordable. The court did, however, side with the Freeds regarding their claim that the original jury should have been given the opportunity to consider additional damages for their son’s conscious pain and suffering prior to his death.

Baltimore Medical Malpractice Lawsuit for Gallbladder Surgery Injuries Results in $1.1M Award

September 22, 2010 | Lebowitz & Mzhen

A jury has awarded a 79-year-old woman a $1.1 million Baltimore medical malpractice verdict over injuries she sustained while undergoing gallbladder surgery. In her Maryland medical malpractice lawsuit, Phyllis Rode accused Dr. Chiau-Wen Hsiao of cutting her hepatic duct while taking her gallbladder out. Hsiao is a general surgeon at Franklin Square Hospital.

Rode says that because her bile duct was severed, she had to undergo more surgeries. Also, not only did she spend 10 days in intensive care, but also, she had to wear tubes to drain the ducts for 10 months.

Hsiao had argued that a severed duct is a known complication that can result from a gallbladder procedure. He argued that Rode had given her consent. However, Rhode’s Maryland malpractice lawyers claimed that consent doesn’t matter when a physician fails to provide a patient with at least standard of care.

John Hopkins Shooting Claims Two Lives and Injures One in Baltimore, Maryland

September 18, 2010 | Lebowitz & Mzhen

At John Hopkins Hospital in Baltimore on Thursday morning, a gunman who became distraught about his mother’s medical care shot and injured a doctor before turning the gun on his mom and himself. Paul Warren Pardus the alleged shooter, and his mother Jean did not survive their injuries.

According to police, Pardus, 50, shot orthopedic physician David Cohen in his upper abdomen and chest. Cohen, who specializes in scoliosis, scoliosis, and osteoporosis, had to undergo surgery and is expected to make a full recovery.

A little over two hours after Cohen was shot, a SWAT team determined that Pardus, who was in his mother’s hospital room, had fallen to the ground. When they entered the room, they saw that both he and his mom were dead from gunshot wounds to the head.

NHTSA Reports 547 Maryland Traffic Fatalities and 29 Washington DC Motor Vehicle Crash Deaths in 2009

September 15, 2010 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration recently issued its 2009 Traffic Safety Facts Research Note, which includes its motor vehicle traffic crash statistics for the year. According to the NHTSA, 33,808 people were killed in auto collisions in the US, which was a 9.7% drop from the 37,423 people that died in traffic crashes in 2008. This is the lowest number of US highway deaths to occur in a year since 1950.

The drop in traffic deaths happened even as estimated vehicle miles traveled went up by 0.2% in the past two years. NHTSA also says that the lowest injury and fatality rates at 1.13 deaths per 100 million vehicle miles traveled occurred last year.

Locally, our Maryland motor vehicle crash lawyers and Washington DC car accident attorneys are happy to report that there also was a decline in the number of traffic deaths for the year. There were 549 Maryland traffic fatalities last year—down from the 591 motor vehicle deaths in 2008 and 29 Washington DC auto crash deaths in 2009—a drop from the 34 Washington DC motor vehicle traffic deaths the year before.

The nation also saw a reverse in the yearly increase in motorcyclist deaths, which has been on the rise for 11 years. In 2009, there were 4.462 US motorcyclist fatalities. Compare that to 2008 when there were 5,312 motorcyclist deaths.

More 2009 US Traffic Facts:
• 23,382 passenger vehicle deaths
• 503 large truck crash fatalities
• 4,092 pedestrian accident deaths
• 630 pedalcyclist crash fatalities
• 2,217,000 traffic crash injuries
• 1,976,0000 passenger vehicle injuries
• 17,000 large truck injuries
• 90,000 motorcyclist injuries
• 59,000 pedestrian injuries
• 51,000 pedalcyclist injuries
• 10,839 drunk driving deaths
• 162 Maryland drunk driving deaths
• 10 Washington DC drunk driving deaths

Highlights of 2009 Motor Vehicle Crashes, Traffic Safety Facts (PDF)

2009 Data Show Major Across-the-Board Declines in all Categories
Despite a Slight Increase in Road Travel, NHTSA, November 9, 2010
Related Web Resources:

Maryland Department of Transportation

District Department of Transportation

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Lawyer Blog

Trucking Accident Lawyer Blog

Maryland Medical Malpractice?: State’s Board of Physicians Orders Three Doctor to Stop Practicing Medicine

September 7, 2010 | Lebowitz & Mzhen

The Maryland Board of Physicians has ordered Dr. Steven Brigham, Dr. Nicola Riley, and George Shepard Jr. to stop practicing medicine in the state. The order comes following a botched abortion last month that left an 18-year-old with a uterine perforation.

The abortion was performed at a facility in Elkton, Maryland after the patient first went to see Brigham in New Jersey. She was reportedly given medication to induce contractions and ordered to drive 60 miles to the Maryland medical clinic.

This is not the first time that Brigham, who doesn’t even have a medical license in Maryland, has been ordered to stop practicing medicine in a state. His Pennsylvania medical license was revoked in the early 1990’s following an investigation into one of his clinics. In 1994, he was barred from practicing medicine in New York. In 1996, Florida also revoked his medical license.

As for Riley, the state physicians’ board suspended her medical license after determining that she was a “threat” to patient safety and a “danger to the public.” Shephard is accused of ordering medications for the AWS facilities in Maryland and participating in the arrangement of abortion procedures begun in one state and completed in another.

Maryland Abortion Malpractice

Botched abortion procedures can result in serious injuries or death and may be grounds for a Maryland medical malpractice case. Examples of abortion-related complications:

• Hemorrhage
• Cervical lacerations
• Uterine perforations
• Sterility
• Pelvic inflammatory disease
• Increased risk of cancer
Maryland officials order Dr. Steven Brigham to halt abortions, Lehighvalleylive.com, September 5, 2010
Abortion doctor licensed in N.J. is ordered to stop practicing in Md. after patient is critically injured, AP/NJ.com, September 4, 2010
Related Web Resources:
Medical Malpractice Basics, Nolo

Maryland Board of Physicians

Man Files $12 Million Maryland Personal Injury Lawsuit Against Prince George’s Hospital Alleging False Imprisonment

August 30, 2010 | Lebowitz & Mzhen

Joseph Wheeler is suing Prince George’s Hospital Center for Maryland personal injury. He is seeking over $12 million—$9.5 million in punitive damages and $3.2 million in compensatory damages. He is also seeking damages from Broadway Security and hospital guards Donovan Scott and William Reese.

The 46-year-old Inigoes, Maryland man had been admitted to the Upper Marlboro hospital for treatment of shoulder and torso injuries he sustained following a July 23 car accident. Wheeler contends that when he woke up the following day he was told by a nurse that he couldn’t eat because he had to undergo surgery.

The hospital ID bracelet he was wearing explained that he was about to have a “potentially cancerous mass” taken out of his chest. However, the bracelet had what appeared to a female name on it belonging to a person who was born 13 years before Wheeler’s birth year.

Pedestrian and Bicyclist Killed in Baltimore Tractor-Trailer Accidents

August 27, 2010 | Lebowitz & Mzhen

Police have identified the pedestrian killed in Thursday’s Baltimore tractor-trailer crash on Interstate 95 as Michael A. Coll, 36.The cause of the Maryland traffic crash is still under investigation. Following the deadly collision, all northbound roads were temporarily closed.

Coll’s death comes just two days after New Windsor bicyclist John Martin Jr.,51, was fatally struck in Union Bridge on Route 75 by a semi-truck that was making a right turn. According to a preliminary probe, trucker Anthony Edward Woodie failed to yield to the bicyclist when turning. He may face criminal charges.

Our Baltimore truck crash lawyers want to remind you that it is important that you not speak with the other party’s insurer without exploring your legal options first. Many trucking companies will take persuasive action to get you to settle for less than you may be owed for your injuries or a loved one’s death. It is important that you have a Maryland personal injury law firm advocating on your behalf.

Mother’s $30 Million Maryland Wrongful Death Lawsuit Accuses Baltimore County Police of Excessive Force

August 20, 2010 | Lebowitz & Mzhen

Gwendolyn Cann is suing Baltimore County and six of its police officers for her son’s Maryland wrongful death. She is seeking over $30 million because she says that Baltimore police brutality resulted in the fatal shooting of 25-year-old Taevon G. Cann.

According to her Baltimore wrongful death complaint, Taevon was at the BP gas station at Merritt Boulevard and Dunman Way when two men in plain clothes “rushed” at him with handguns pointed. Taevon then placed his car in reverse to protect himself and that is when a Baltimore County police vehicle struck his car. The officers then surrounded him and shot him with over 70 bullets even though his arms were raised in surrender. One of the officers even shot Taevon in the back of the head. He was pronounced dead at the shooting site.

Police offered the Baltimore Sun a different account in 2008. They claimed that they had been following Taevon’s vehicle as part of a criminal probe and that when they ordered Cann out of the vehicle, he placed it in reverse and tried to hit a cop. His vehicle then hit a patrol car, causing an officer trying to get out of the vehicle to fall to the ground. The officers have said that this is when they started shooting the suspect.

Maryland Fall Accident?: Police Probe Death of Man Discovered in Trash Chute

August 16, 2010 | Lebowitz & Mzhen

An autopsy conducted on the body of a man found in a downtown Baltimore apartment building trash chute indicates his injuries are “consistent with a bad fall,” says the police department and reports the Baltimore Sun. Also, police spokesperson Anthony Guglielmi says that if another person had inserted the body into the chute, there would have been “more signs {of a struggle} on the body.” Homicide detectives and the state medical examiner are continuing to investigate his death.

Building employees found the man’s body on Thursday morning. According to police, the man seems to have fallen into the chute from around the 20th floor. The 26-floor building, located on N. Charles Street, houses offices and apartment units.

According to ex- and current tenants, each of the building’s trash chutes have a spring mounted door that must be pulled. The chute opening is approximately 3 feet high by 2 feet wide. It opens at an angle. One resident says that he usually must “push a little” to get a regular-sized garbage bag to go through the chute opening.

Trash Chute Accidents

In the event that someone falls through a garbage chute because it was poorly designed or faulty in some other way, the injured party may have grounds for a Maryland products liability and/or Baltimore premises liability. Property owners must make sure that there are no hazards on the premise that could cause serious Baltimore personal injuries.

Unfortunately, this is not the first time that someone has been injured from falling down a trash chute. In February, a 38-year-old man accidentally fell into his apartment complex trash chute. According to the county coroner, the man was trapped upside down in the chute for a long time and died from suffocation. Last year, another man died after falling down a narrow garbage chute. He was drunk at the time.

Police: Man found dead in trash chute may have fallen, Baltimore Sun, August 13, 2010
Central IL man’s trash chute death an accident, KMOV, February 5, 2010
Jersey City man plunges 25 stories to death down NYC trash chute, NJ.com, April 13, 2010
Related Web Resources:
Products Liability, Nolo
Premises Liability, Justia

Family Members on Bike Ride Injured in Anne Arundel County Car Crash Because Motorist Allegedly Lost Control of Vehicle

August 9, 2010 | Lebowitz & Mzhen

Three members of a family of four who were on a bicycle ride on Sunday morning were injured in Anne Arundel County when they were hit by a car driven by a Laurel woman who lost control of her 2001 Nissan Altima. The driver of the vehicle, 63-year-old Laurel resident Romota Olumemisi Koletowo, died from her Maryland car accident injuries. She had to be extricated from her car, which had rolled over.

According to police, Koletowo drove her vehicle off the road, struck a light pole, and crossed a bike path before hitting the bench where 36-year-old Franz Clementschitsch was sitting. He was thrown some 38 feet and had to be rushed to the hospital for treatment of his life-threatening injuries.

Clementschitsch’s wife, Susanne, 38, and one of their 4-year-old twin sons, sustained injuries from the flying debris. All three of them were taken to Maryland hospitals, where they were admitted in serious condition.