Maryland Accident Law Blog

Maryland File $40 Million Baltimore County Personal Injury Lawsuit Over Son’s Traumatic Brain Injuries From Alleged Near Drowning Accident

July 24, 2009 | Lebowitz & Mzhen

Yesterday, the parents of James Becker filed a $40 million Maryland personal injury lawsuit against the Woodcroft Swim Club and D.R.D. Pool Management Inc. They are accusing the defendants of failing to recognize and respond in timely manner to their son’s near drowning accident on July 29, 2006 and of neglecting to properly resuscitate him.

According to plaintiffs Mary Becker and William J. Becker III, James, then 15, was deprived of adequate oxygen to his brain for approximately 10 minutes. Paramedics arrived at the scene 13 minutes after the teenager was discovered without a pulse. By the time that they could feel James’s pulse, he had already sustained a traumatic brain injury.

The Becker family is seeking $36 million for James, who will require special care for the rest of his life, $3 million for expenses his parents have incurred as a result of his traumatic brain injury, and $1 million for Mary Becker, who experienced the trauma of seeing her son almost drown in the pool.

Cell Phone Use While Driving: NHTSA Withheld Research Warning About Dangers

July 23, 2009 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration reportedly recommended as far back as 2002 that motorists not talk on cell phones while driving—unless in an emergency situation. The federal agency also recommended that drivers not use hands-held, as well as hands-free phones and even went so far as to note that establishing laws banning only handheld cell phones might not be enough to minimize the risks of using a phone while operating a motor vehicle.

The reason for this recommendation was that the NHTSA had in its possession hundreds of pages of research documenting the dangers associated with cell phone use while driving. Yet the recommendation and the research were never made available to the public. One reason for this was concern that Congress and other public officials would see the proposal as a form of lobbying.

The information finally became public after Public Citizen and the Center for Auto Safety, two public interest groups, managed to access the information via the Freedom of Information Act.

The question now being asked is how many lives could have been saved if people knew then what they know now about the risks involved with cell phone use while driving? When the NHTSA first made its proposal several years ago, there were more than 170 million people using cell phones in the country—now, there are more than 270 million cell phone subscribers. And now, more than ever, cell phone use while driving has become a bad driving habit that millions of motorist are finding hard to break.

Yet as more motor vehicle accidents are reported involving motorists that caused auto crashes because they were talking on a phone or text messaging, the consequences of cell phone use while driving can no longer be ignored. Even train operators have been found negligent for engaging in these bad habits and causing catastrophic train collisions.

While Maryland doesn’t have a ban on any kind of cell phone use for adult drivers—only for minor drivers—all drivers will be prohibited from text messaging beginning October 2009. The Maryland Highway Safety Foundation says it had been pushing for a hand-held cell phone ban, but with the latest revelations about the NHTSA’s suppressed findings, they may recommend a total ban on the use of all cell phones while driving.

U.S. Withheld Data on Driving Distractions, WBOC 16, July 22, 2009
Suppressed federal study having ripple effect in Md., Baltimore Sun, July 2009
The Truth About Cars and Cellphones, NY TImes, July 22, 2009
Related Web Resources:

Center for Auto Safety

Public Citizen

NHTSA

Maryland Highway Safety Foundation

Catastrophic Medical Mistakes: Laws Now Requires District and Maryland Hospitals to Report Errors that Result in Serious Injuries

July 21, 2009 | Lebowitz & Mzhen

In the last year, hospitals in Maryland, the District, and Virginia have reported hundreds of medical incidents that have resulted in serious medical harm or death. That’s because new laws that went into effect in 2008 require these hospitals to notify health regulators about serious injuries sustained by patient during treatments. Health experts call these incidents “never events” that never should have happened.

Examples of some of the hospital errors that have been reported include medication mistakes, fall accidents, operations on the wrong body parts, and leaving surgical tools inside patients.

According to Maryland health regulators, insurers paid $522 million in 2008 for preventable complications in 55,000 of 800,000 inpatient cases that took place in hospitals. Now, some insurers are refusing to pay for a hospital’s mistakes.

Preventing Maryland Drunk Driving and Drugged Driving Accidents: NHTSA Roadside Survey Reports Decrease in Drunk Drivers

July 16, 2009 | Lebowitz & Mzhen

Driving under the influence of alcohol and drugs continues to destroy too many lives. Drunk driving and drugged driving are both careless acts that can be grounds for a Maryland car accident lawsuit if someone gets hurt or dies. On a positive note, however, the National Highway Traffic Safety Administration’s new roadside survey reported that the decline in the percentage of legally intoxicated drivers is continuing. Per the new survey, just 2.2% of drivers had a BAC of .08 or greater—compare this figure to 1973, when 7.5% of motorists had BACs registering at the legal limit or exceeded it.

The survey, gathered from roadside locations in 2007, also screened for other substances. 16.3% of nighttime weekend motorists tested drug positive for marijuana (8.6%), cocaine (3.9%), as well as prescription medications and over-the-counter drugs (3.9%). Drivers for the survey were chosen at random and given the opportunity to volunteer while remaining anonymous.

Out of 11,000 motorists, 90% gave breath samples and 70% gave saliva samples. Any motorist that was impaired or appeared to be driving under the influence of alcohol or drugs was not arrested. However, he or she wasn’t allowed to get behind the steering wheel of the vehicle.

US Transportation Secretary Ray LaHood noted that while he was pleased that the fight against drunk driving is making headway, it was imported to remember that 13,000 people a year still die in US drunk driving crashes. He also emphasized the importance of reducing drug abuse and drugged driving.

The NHTSA wants to figure out how drug use is connected to driver impairment—especially as some drugs can stay in the body for weeks.

Other survey findings:
• There were 42% more male drivers than female motorists with illegal BAC levels.
• Motorists were more likely to be driving with a BAC greater than the legal drunk driving limit between 1am and 3am than during other hours of the day.

• Motorcycle riders were two times as likely to be drunk than the drivers of passenger vehicles.

According to the Governors Highway Safety Association, drugs are a factor in 18% of motor vehicle driver fatalities.

Driver Survey Finds Less Drinking, More Drugs, NY Times, July 13, 2009

Results of the 2007 National Roadside Survey of Alcohol and Drug Use by Drivers, NHTSA (PDF)

Related Web Resources:
Impaired Driving, CDC
Drugged Driving

Two Men Killed in Potomac, Maryland Drunk Driving Accident

July 13, 2009 | Lebowitz & Mzhen

Two people died last Tuesday when a drunk driver hit the pickup truck they were riding in. The impact of the Maryland motor vehicle crash caused their vehicle to go over a guardrail and 60-feet down an embankment. The vehicle landed on its roof.

Killed in the deadly Potomac car accident were driver Gradys Mendoza, 39, and passenger Franklin Manzanares, 37. They were returning home from a construction job site when the deadly Maryland traffic accident happened.

The alleged drunk driver, 33-year-old Kelli R. Loos, was charged with failing to stop at an accident scene involving bodily injury and driving under the influence. Her blood alcohol level was .20—more than twice the legal limit.

Following the Potomac drunk driving accident, Loos reportedly told investigators that she had been at a Maryland bar.

Just last March, Montgomery police cited Loos with numerous citations, including failing to provide a written ID, failing to insure her Jeep, and driving on a suspended Virginia license. A warrant was issued for her arrest when she did not appear in court in June. Last November, Loos was cited for failure to obey a traffic signal and driving with a suspended license. She also had six previous traffic and speeding violations going as far back as 1994.

Driving Drunk

Driving drunk is always dangerous and places people’s lives at risk. It is a senseless way to die let alone cause injury or death to others. You can sue a Maryland drunk driver for personal injury or wrongful death.

Signs That There May Be a Drunk Driver Sharing the Road With You:

• Driving on a lane marker
• Making very wide turns
• Coming very close to hitting a motor vehicle or another object
• Weaving from one area of the road to the next
• Driving on the wrong side of the road
• Driving on the shoulder
• Driving way below the speed limit
• Excessive speeding
• Following too closely behind a vehicle
• Braking for no reason or repetitively
• Driving without the headlights on
• Stopping the vehicle for no reason, including at green lights
Suspect in Fatal Beltway Crash Was Over Alcohol Limit, Police Say, Washington Post, July 9, 2009
2 Killed by Alleged Drunk Driver, WTOP.com, July 8, 2009
Related Web Resources:
Motor Vehicle Safety, CDC
Maryland Drunk Driving Law, Alcoholism.About.com

Maryland Wrongful Death Settlement Reached in 2007 Pedestrian Accident on Coastal Highway

July 10, 2009 | Lebowitz & Mzhen

A little over two years after 21-year-old Tyler Adams was killed in a Maryland motor vehicle crash while crossing Coastal Highway on June 17, 2007, his family has settled their wrongful death lawsuit with the defendant.

Adams, an Easton resident, and his friend Dale Blankenship were crossing the highway before 2am when a Jeep Cherokee driven by Brian Scott, 19, struck them. While Blankenship, also from Easton, sustained minor injuries, Adams died from his injuries.

No criminal charges were filed against Scott. Adams’s family sued him for Maryland wrongful death in August 2007. Their civil complaint sought $1.75 million in punitive and compensatory damages. The terms of the Maryland wrongful death settlement are confidential.

Court of Special Appeals Says Family Can Once Again Pursue Maryland Wrongful Death Claim for Mother’s Cancer Misdiagnosis

July 8, 2009 | Lebowitz & Mzhen

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.

Maryland Pharmacy Injuries: Pharmacist is Charged with Illegally Selling Over 23,000 Prescription Pills

July 6, 2009 | Lebowitz & Mzhen

Police in Maryland have arrested a Reisterstown pharmacist. They are accusing Ketankumar Arvind Patel of illegally selling over 23,000 prescription pills. Authorities say that this amount is equal to almost 28,000 pounds of marijuana or 63 kilograms of cocaine. Federal charges have been filed against the 47-year-old.

In the six-count indictment against him, Patel, an Eldersburg resident, is accused of using his Medicine Shoppe Pharmacy to fill bogus prescriptions for Oxycontin, Xanax, and Percocet. The Drug Enforcement Administration’s Baltimore office noted that these painkillers account for more overdose fatalities a year than cocaine and heroin together.

The regional agency is committed to fighting prescription drug abuse. Officials say they will treat pharmacists like “any other drug dealer.” If convicted on all counts, The Baltimore Sun reports that Patel could be ordered to serve a maximum 86 years in prison. He may also face over $26 million in fines.

Sykesville Mother Dies from Injuries Sustained in Tragic Maryland Truck Accident that Killed Her Teenage Son and Injured Her Daughter

July 1, 2009 | Lebowitz & Mzhen

Nearly one week after a tragic Maryland truck accident on Route 32 killed her 13-year-old son and injured her 5-year-old daughter, 51-year-old Kyong Hae Kim has died.

Kim, her son Vincent, and her daughter Jacqueline were headed to a riding lesson on June 12 when the Sykesville family’s Mazda 5 minivan collided with a flat-bed tow truck driven by truck driver Tymothy Thatcher.

Vincent was pronounced dead at Howard County Hospital. His 5-year-old sister was treated at Children’s Hospital in Washington and released two days later. Kim was pronounced dead at Maryland Shock Trauma Center on Monday night. Thatcher was not injured in the truck accident.

Police are investigating the cause of the Sykesville truck collision.

Maryland Truck Accident Lawsuits

Pursuing your Maryland truck crash claim without the help of a Baltimore personal injury law firm representing you can get tricky. Trucking companies are equipped to combat liability claims filed against them, which is why you need your own truck crash legal team to look out for your best interests and protect your legal rights.

One common argument that a trucking company might use to combat a Maryland personal injury case is to place the blame on the injured party. The truck crash defendant may accuse the motor vehicle of unsafe passing, driving into opposing traffic, drunk driving, failing to stop, failing to yield, following too closely, speeding, distracted driving, or improperly merging. The trucking company might also claim that the truck driver was an independent contractor (rather than an employee) or blame the manufacturer of a specific truck part for a defect that caused the truck collision.

It is also not uncommon for a trucking company, a leasing company, the company that owns the cargo being transported, or another involved party to blame the other parties for the motor vehicle accident.

This is why you need to contact an experienced Maryland truck crash law firm as soon as possible.

Mother dies after crash that killed son, The Baltimore Sun, July 1, 2009
Route 32 crash claims 2nd life, mother of 13-year-old, Howard County Times, June 30, 2009
Related Web Resources:
Teen killed in Howard crash remembered as inspiration, Baltimore Sun, June 26, 2009
FMCSA

Baltimore County Fire Department Says Latest Carbon Monoxide Not the First Involving Essex Townhouse Community

June 29, 2009 | Lebowitz & Mzhen

In Baltimore County last Wednesday, three women, an 18-month-old boy, and an 11-year-old boy were transported to Maryland Shock Trauma Center for treatment of carbon monoxide poisoning. All five victims live in the first block of Cove Village Complex, a townhouse community.

Readings showed approximately 85 parts per million of the gas close to an upstairs bedroom and 74 parts per million in the downstairs area. Most CO detectors go off at around 35 parts per million.

According to the Baltimore County Fire Department, this is not the first time that CO poisoning has been an issue at the complex. In July 2005, a 48-year-old resident and his two stepdaughters, ages 15 and 14, died in their home. The tragic accident occurred because a hot-water heater had a faulty pipe. In August 2005, nine people were rushed to a hospital after suffering from symptoms associated with carbon monoxide poisoning.

There are now carbon monoxide alarms throughout the complex. Last year, however, the fire department was called to Maryland townhouse complex 20 times because the alarms went off.

The unit where Wednesday’s incident occurred is owned by Sawyer Reality Holdings LLC.

Carbon Monoxide

CO often goes undetected, which is one of the reasons it claims so many lives. It continues to be the number one cause of accidental poison deaths in the US. Exposure to carbon monoxide for an extended period of time can lead to brain damage and death.

Earlier this month, a family staying in an Ocean City, Maryland condominium had to evacuate the premise when they started feeling sick because of a carbon monoxide leak. Firefighters say the level of carbon monoxide was over 1,000 parts per million. A mother, father, two grandchildren, and two grandparents were treated and released from Atlantic General Hospital.

Three years ago, a father and his 10-year-old died in Ocean City at a Days Inn because of a carbon monoxide leak. The man’s widow filed a $30 million Maryland wrongful death lawsuit against several defendants and a settlement was reached this April.

A property manager that fails to properly maintain a premise can be held liable for Maryland premises liability if a carbon monoxide leak causes someone to get sick or sustain a brain injury.

5 hospitalized with CO exposure symptoms, Examiner.com, June 25, 2009
Pa. family made sick by toxic gas in condominium, DelMarvaNw.com, June 18, 2009
Related Web Resources:
Carbon Monoxide Poisoning, EMedicineHealth.com
Premises Liability Overview, Justia