Maryland Accident Law Blog

Products Liability Lawsuits Cost Bausch & Lomb Over $250 Million

June 1, 2009 | Lebowitz & Mzhen

To date, Bausch & Lomb has spent over $250 million to settle almost 600 products liability lawsuits filed by contact lense wearers that say they sustained a potentially blinding fungal infection from using multipurpose contact lense solution ReNu with MoistureLoc. The optical products company still has dozens of individual products liability lawsuits to resolve.

In the United States alone, over 700 contact lense wearers say they suffered from Fusarium keratitis while using the solution for cleaning, moistening, and storing their lenses. In a number of cases, including one in Maryland, the injure parties had to have an eye removed. Some 60 contact lense users had to undergo corneal transplants to save their vision. One man in Baltimore got hooked on painkillers after losing his eye and had to go through rehab. Both his marriage and his business fell apart.

Between June 2005 and September 2006, the US Centers for Disease Control and Prevention reported that there were at least 180 eye injury cases related to Fusarium keratitis in 35 states. Broadway actress Andrea Martin’s eye became scarred after she used the Bausch & Lomb solution and the fungal infection ended the career of one race car driver, who had to undergo a corneal transplant.

Recent Maryland Motor Vehicle Accidents Cause Injuries and Deaths

May 30, 2009 | Lebowitz & Mzhen

Baltimore County police say that two people were sent to an area hospital after they were involved in an Owings Mills multi-vehicle collision on Friday that ended when one car drove into an M & T Bank branch. The Maryland traffic accident occurred when a Hyundai Sonata struck a Toyota RAV4 that was at a red light, which then hit a Lincoln Navigator. Meantime, the Hyundai drove over a curb and into the bank. Fortunately, no one inside the bank was hurt.

In a Baltimore car accident that also occurred on Friday, police are looking for the driver of a van that fatally hit a man riding a dirt bike on Chatham Road. The van’s driver failed to stop at the crash site. Police are asking for any information that could lead to the capture of the driver involved in the deadly hit-and-run Maryland motor vehicle crash.

Also on Friday, Clinton resident Franklin Trowell sustained critical injuries in Howard County when a car hit him on eastbound Route 32 close to Interstate 95. Trowell had been standing on the shoulder of the road examining another accident when the catastrophic Maryland car crash occurred. The driver of the car, Leonard Supsic, 55, reportedly lost control of the 1998 Chevrolet Cavalier that struck Trowell.

Maryland Personal Injury

It can take some time to determine how much financial recovery you are entitled to receive after you’ve been injured in a Maryland motor vehicle accident. This is why it is important that you don’t rush to settle your car accident claim immediately. Your injuries may be more serious than you think, which means they could cost significantly more to recover from than what original estimates suggest. There also may be other parties that can be held liable for your Maryland personal injuries.

Clinton man in critical condition after being hit by car, Baltimore Sun, May 30, 2009
Police seek van driver who fatally hit man on dirt bike, Baltimore Sun, May 30, 2009
Three-vehicle accident sends car into bank, Baltimore Sun, May 30, 2009
Related Web Resources:
Car Accidents Overview, Justia
Personal Injury, Nolo

Maryland Injuries to Minors: Family Settles Personal Injury Lawsuit Over Acid Burn Injuries Sustained by Boy on Playground Slide

May 28, 2009 | Lebowitz & Mzhen

In Maryland, the family of a young boy who sustained serious burn injuries from sulfuric acid that two teenagers poured on a playground slide have settled their injuries to minor lawsuit. Payton Potochne was just 2 when he went down the slide that had industrial strength drain cleaner on it. The injury accident occurred at Victory Villa Elementary School.

It wasn’t until he was taken to Franklin Square Hospital that doctors determined that there was sulfuric acid on the boy’s legs and he had sustained second- and third-degree burns. The hospital had to evacuate the emergency room and the toddler was taken to Johns Hopkins Burn Center. Since the tragic playground incident, Payton has had to undergo over six surgeries, including numerous skin grafts. He will also need medical care for life because of his injuries.

A hazmat team poured thousands of gallons of water onto the slide to remove the chemical from the playground. A Baltimore County Police Department spokesperson says the dangerous liquid had been poured onto all the different playground rides, including the monkey bars and the jungle gym.

Anne Arundel County and Odenton Volunteer Fire Company Settle Sex Abuse Lawsuit Filed by Two Ex-Volunteer Firefighters

May 26, 2009 | Lebowitz & Mzhen

In Maryland, Anne Arundel County and the Odenton Volunteer Fire Company have agreed to pay $175,000 (and reasonable legal fees) to two men who claim that a former president of the volunteer fire department molested them. The county and the fire company, however, continue to deny the allegations that Louis D’Camera sexually abused the two men and that other supervisors covered up the incidents. An attorney for the county says the settlement is to avoid the expense of further litigation that could result from the ex-volunteer firefighters’ Maryland sex abuse lawsuit that was filed in US District Court in Baltimore last year.

The two men say they were 16 and 19 when the alleged abuse incidents started. The ex-firefighters claim that D’Camera made them take off their clothes and sit on his lap on a number of occasions while he berated them about their poor performance at school and at the station. The older victim, who is now 25, says the former fire department president forced him to masturbate and touched him inappropriately at least 12 times over a 2- year period. D’Camera killed himself in 2005 after police found him with a male prostitute.

The plaintiffs say they reported the alleged Anne Arundel County sex abuse incidents to supervisors who rebuffed them. The older victim said he reported what was happening to him as early as late 2003 or early 2004, and on more than one occasion, but no one contacted police until right before D’Camera’s suicide. The supervisors claim they didn’t feel they could report the incidents until Baltimore City Police caught D’Camera with the hooker.

Maryland Car Accident Lawyers: 508,000 Marylanders Will Drive 50 Miles or More This Memorial Day Weekend, Says AAA

May 21, 2009 | Lebowitz & Mzhen

According to AAA Mid-Atlantic, about 83% of the 609,000 Marylanders traveling 50 miles or more over the Memorial Day weekend will travel by car—that’s 508,000 motor vehicle riders. A decrease in local gas price is one of the reasons cited for an increase in road travelers from last year. Air travel is also expected to increase this year by 7%. Another reason cited for this rediscovered travel bug is that a poor economy has forced hotels, cruises, airlines, and car rental companies to lower their prices.

With more people getting into their cars and heading toward vacation destinations and family reunions, the roads will likely be more crowded this weekend. Traffic and the excitement and rush to arrive at a specific location can create a less relaxed travel climate that can increase the chances that a motorist might become involved in a catastrophic Maryland car accident.

Here are a number of safe driving tips to help you navigate your way through the Memorial Day weekend:

• Make sure you have your maps organized and travel routes planned before leaving.
• Check the Internet, listen to the radio, or watch TV to see where there may be traffic backlogs that you can avoid.
• Make sure that your car is in proper working condition before you head out.
• Have a roadside emergency kit with you.
• Get plenty of rest before you drive.
• Give yourself plenty of time to arrive at your destination.
• Take periodic breaks while driving so you don’t get lethargic or drowsy.
• Don’t speed.
• Obey traffic laws.
• Don’t talk on the cell phone or text message or read maps while driving.
• Drive defensively.
• Don’t drive drunk.

• Keep emergency numbers at your disposal.

More Marylanders to hit the road this weekend, Baltimore Sun, May 21, 2009
Related Web Resources:
AAA Mid-Atlantic
MD Roads

18-Year-Old Gets $2 Million Maryland Lead Paint Award for Injury Lawsuit

May 20, 2009 | Lebowitz & Mzhen

A jury has awarded 18-year-old Lakia Roberts $2 million for her Maryland lead paint lawsuit. Roberts was exposed to lead paint during the first six years of her life at the Baltimore rental where she lived.

Her Maryland personal injury lawsuit, filed along with her mother, Learland D. Clark, contended that she suffered from lead poisoning after she ingested paint flakes and chips in their Baltimore rental. As a result, they claim that the teenager experienced a 10 to 12 point loss in IQ and suffers from severe cognitive deficits. The two of them filed their lawsuit in Baltimore City Circuit Court.

The jury found that the home’s landlord, Attsgood Reealty, failed to remove the toxic paint that was peeling off the plaintiffs’ home walls, as well as failed to properly maintain the property. They awarded Roberts and Clark $1.5 million in non-economic damages and $500,000 in economic damages. Maryland’s cap on damages, however, reduces the plaintiffs’ non-economic damages to $350,000—the maximum amount that was allowed under state law in the early 90’s when the plaintiffs had their cause of action. This reduces the plaintiffs’ total judgment to $850,000.

Maryland Motorcycle Accidents: Safety Awareness Month Promotes Safe Driving Habits to Decrease Traffic Injuries and Deaths

May 18, 2009 | Lebowitz & Mzhen

Motorcycle Safety Awareness Month is a time when law enforcement and highway safety officials throughout the various US states, along with the federal government, take steps to remind motorcyclists and drivers that they must share the roads safely with one another. The month of May kicks off a period of the year when more Maryland motorcycle riders will get on their bikes now that the weather is getting warmer.

Other groups also getting behind the efforts by traffic and safety officials to prevent Maryland motorcycle accidents are the Maryland Motor Truck Association and the Abate of Maryland. Together, they are reminding car drivers, truck drivers, and bus drivers that due to a motorcycle’s smaller size, this type of vehicle can easily get lost in a larger motor vehicle’s blind spot or get covered behind trees, bushes, and fences.

Of the 5,154 US motorcycle deaths that occurred in 2007, 88 of them were Maryland motorcycle deaths—a definite increase from the 58 Maryland motorcycle fatalities that happened in 2003. One reason for this is that motorcycle use has grown in popularity throughout the state.

According to a 2008 Examiner.com news article, more than 1,000,000 motorcycles have been sold in the last six years. The higher cost of gas over the past couple of years may be one of the reasons that more people have opted to ride motorcycles. A motorcycle averages 50mpg, which is twice the mpg of many cars.

AAA Offers the Following Safety Suggestions for Motorists Sharing the Roads with Motorcycles:

• Be on the look out for motorcycles, as well as cars and pedestrians.
• Allow motorcyclists the same driving privileges that you have, including letting them have a full lane to themselves.
• Always signal to indicate when you are turning.

• Give motorcycle riders plenty of space to maneuver.

AAA’s Safety Awareness Suggestions for Motorcyclists Sharing the Roads with Other Drivers:

• Wear protective gear so that other drivers see you.
• Give yourself plenty of space to maneuver your bike in the event of an emergency.
• Try not to ride in a driver’s blind spot.
• Don’t share a lane with other vehicles.
• Signal and indicate.

• Make sure you are properly trained to ride your motorcycle and that you have enough experience to operate one safely before you get on a Maryland freeway.

Keep an eye out for motorcycles, Frederick News Post, May 10, 2009
Area motorcycle deaths disproportionate, Examiner.com, June 18, 2008
Related Web Resources:

National Highway Traffic Safety Administration

Congress Highlights Motorcycle Safety Awareness Month

Two Annapolis Bicyclists Injured in Maryland Bicycle Accident on Bike to Work Day

May 16, 2009 | Lebowitz & Mzhen

The Annapolis Police Department says two bicyclists were injured in a Maryland bicycle accident on Friday morning. The injury accident occurred when a person in a parked vehicle on Main Street opened the vehicle door, hitting the two riders who were cycling up the road.

One of the Annapolis bicycle accident victims was take to Anne Arundel Medical Center, while the other pedalcyclist was seen at Maryland Shock Trauma Center.

The Anne Arundel county bicycle accident occurred on Bike to Work Day, a national event that encourages people to ride bicycles when commuting. The Baltimore Metropolitan Council sponsored rally rides in Baltimore City, Bel Air, Annapolis, Westminster, Columbia, and numerous other cities to mark this day. More than 1,000 bicycle riders placed their heels on pedals and headed off to work.

Baltimore has put in place 432 new bike lane miles and 80 new bike racks. Another 200 racks will be set up and 80 more lane lines added before the end of the year.

2007 NHTSA Bicycle Accident Facts

The drivers of cars, trucks, buses, and motorcycles do share the roads with bicyclists, and it is important that motorists stay aware of these riders and take precautions to avoid getting involved in a traffic accident with a pedalcyclist.

In 2007, According to the National Highway Traffic Safety Administration:

• 43,000 pedalcyclists sustained injuries throughout the US.
• 698 pedalcyclists died.
• 7 of those fatalities occurred in Maryland.

• 1 of the bicyclist deaths occurred in Washington DC.

Just like motor vehicle drivers, bicyclists are entitled to certain rights when riding on Maryland roads, and pedalcyclists risk sustaining catastrophic injuries whenever they are involved in a Maryland traffic accident.

Baltimorians Bike To Work, ABC2news.com, May 15, 2009
2 bicyclists hospitalized after accident in Annapolis, BaltimoreSun.com, May 16, 2009
Bike to Work Day attracts record number of riders, Baltimore Sun, May 16, 2009
Related Web Resources:
Bike to Work Day 2009, Baltimore Metropolitan Council

National Highway Traffic Safety Administration

Maryland Pharmacy Error Injury Attorneys: Fatal Error that Killed Toddler Could Send Pharmacist to Prison

May 14, 2009 | Lebowitz & Mzhen

This week, pharmacist Eric Cropp pleaded no contest to an involuntary manslaughter charge involving the death of a two-year-old patient in 2006. The toddler, Emily Jerry, died after she was administered an overdose of sodium chloride while undergoing chemotherapy at a hospital.

Cropp made the fatal pharmacy error while working as the supervising pharmacist at a hospital. On February 26, 2006, Cropp neglected to catch the pharmacy technician’s preparation error and properly verify whether the contents and composition of the solution were correct before approving a mix that was 23% salt-based when it should have only been 1%. The technician, Katie Dudash, later testified that she had warned Cropp that she didn’t think the mixture was correct.

Following the medication overdose, Emily slipped into a coma before dying on March 1.

Prosecutor James Gutierrez says that Cropp admitted to the mistake and says that he could have or should have seen the warning signs and caught the deadly mistake. Following the pharmacy misfill incident, another pharmacy hired Cropp, who made 15 more pharmacy errors until his license was revoked.

As part of Cropp’s plea agreement, prosecutors dropped the reckless homicide charge against him. Cropp’s sentencing is scheduled for July 17. He could end up serving a maximum five-year prison sentence.

Pharmacy misfills can be catastrophic for the patients that take the wrong medicine or dosage. This is why it is so important that the pharmacy or the pharmacist supervisor double check a prescription or mix to make sure that the dose and/or medication is correct.

In an unrelated incident in another US state, baby Lindsey Lindberg could have died last month if her mother hadn’t noticed that she gave her the wrong medication more than once because of a labeling error.

Lindsey was born in November with a heart defect. Her mother, Courtney Lindberg, had been giving her a number of prescriptions that she would get filled at a Walgreens. Right before the Lindsey was supposed to undergo open heart surgery, she began to act fussy. It wasn’t until she spit up that Courtney realized that Walgreens had put the correct label for Lindsey’s medication on a bottle containing the wrong medicine.

A 2-year-old. A death. A pharmacist facing jail. What will spur lasting change?, MedCity News, May 14, 2009
Pharmacist Could Get 5 Years For Fatal Chemo Error In Toddler, Newsnet5.com, May 13, 2009
Mom gives baby wrong drug after labeling error, SeattlePI.com, May 6, 2009
Related Web Resources:
Unreported Pharmacy Errors, ABC News
20 Tips to Help Prevent Medical Errors in Children, AHRQ.gov

Prince George’s County Logs the Most Maryland Motor Vehicle Accident Deaths in 2008

May 11, 2009 | Lebowitz & Mzhen

The Maryland State Highway Administration says that of the 589 Maryland traffic deaths that occurred in 2008, 124 of those fatalities took place in Prince George’s County. That’s almost twice as many fatalities than in Baltimore County, ranked number two with the most traffic deaths at 52 fatalities. Montgomery County came next with 52 traffic deaths. Baltimore had 49 traffic fatalities, and Anne Arundel County recorded 48 traffic fatalities. Officials from Maryland, Prince George’s County, and municipal police have vowed to address the issue of traffic safety and determine why so many Maryland traffic deaths occur in this county so they can fix the problem.

The county also recently registered the largest amount of Maryland pedestrian deaths over the past decade. For example, of the 111 Maryland pedestrian deaths that occurred in 2007, a significant number of the fatalities occurred in Prince George’s County:

Prince George’s: 28 pedestrian fatalities
Baltimore: 17 pedestrian deaths
Baltimore County: 17 pedestrian fatalities
Montgomery: 15 pedestrian deaths
Anne Arundel: 8 pedestrian fatalities

There were 115 Maryland pedestrian deaths in 2008—and the fatalities keep coming in 2009. Just last month, in Prince George’s County, two young pedestrians, 19-year-old LaRenta Vondale McFarland and 7-year-old Richard Young, died after a Jeep hit them while they were crossing Central Avenue in Upper Marlboro.

According to Maryland Highway Administration spokesperson David Buck, driver error seems to be the leading cause of traffic deaths in Prince George’s County. Common types of driver error include:

• Driver fatigue
• Speeding
• Drunk driving
• Driving under the influence of drugs
• Failure to obey traffic rules
• Talking on cell phone
• Failure to use seat belts
• Text messaging

More 2008 Maryland Traffic Facts:

• About 100,000 Maryland motor vehicle crashes occur annually.
• 196 drivers died in Maryland auto accidents last year.

• 65 of these motorists were not using seat belts or were riding in cars that lacked airbags.

Too Deadly a Place to Drive, Washington Post, May 10, 2009

Maryland State Highway Administration

Related Web Resources:
Maryland Traffic Information, Federal Highway Administration

Prince George’s County, Maryland