Maryland Accident Law Blog

Maryland Wrongful Death Settlement Reached in Case of Pregnant Mother and Unborn Son Who Were Allegedly Refused Ambulance Help Because of Feud

May 7, 2009 | Lebowitz & Mzhen

A Maryland wrongful death settlement has been reached between the mother and fiancé of a pregnant woman and her unborn son that died and Smithsburg Emergency Services Inc, medics James Ulrich and Karin Nichol, and former ambulance chief Jason Tracey. The terms of the agreement are confidential. Also previously named among the Maryland wrongful death defendants were Washington County, the Washington County Volunteer Fire and Rescue Association Inc., and dispatcher Robert Myerly.

20-year-old Christina Lynn Hess and her unborn son died in March 2004. The Maryland wrongful death complaint against the defendants contends that a feud between the Smithsburg Volunteer Fire Co. and the ambulance company caused the deaths of Hess and her son. Hess and fiancé Danny Gibson were volunteers at the fire company. Gibson and Hess’s mother, Tammy Reed, had sought $4 million for the wrongful deaths.

According to their Maryland wrongful death complaint, Ulrich and Nichol responded to an emergency call from Gibson, who said that Hess was having seizures. The medics arrived at the scene and spent at least 14 minutes unsuccessfully attempting to intubate Hess. She was then transported to Washington County Hospital where she and her son were pronounced dead.

Montgomery County, Maryland Judge Refuses to Cap Multimillion-dollar Medical Malpractice Award for Patient’s Skin Cancer Death Caused by Delayed Diagnosis

May 5, 2009 | Lebowitz & Mzhen

In Maryland, Montgomery County Judge John W Debelius III refused to cap the medical malpractice noneconomic damages received by the surviving family members of attorney Richard H. Semsker who died after a mole that was not treated became skin cancer and spread to his brain. Last year, his wife and two children were awarded $5.8 million for his wrongful death.

The Maryland medical malpractice lawsuit says that in 1998, Dr. Lokshin in Silver Springs examined Semsker’s back. He noticed that there was a 6 millimeter mole and recommended that Dr. Lawrence Marcus, the patient’s primary care physician, remove the mole.

The complaint claims that each doctor thought that the other physician had tended to the mole. In 2004, Semsker underwent another skin checkup. Dr. Michael Albert noted that there was an atypical mole and two cysts. Albert recommended the removal of the atypical mole but didn’t know that the other mole (documented in 1998) had doubled in size because he didn’t have access to Lokshin’s medical report, which under Maryland law could be destroyed after five years.

Maryland Injuries to Minor Lawsuit Claims Crossing Guard’s Negligence Led to Daughter’s Pedestrian Accident

May 4, 2009 | Lebowitz & Mzhen

The parents of young girl who was struck by an SUV outside an elementary school in Pasadena have filed a Maryland personal injury lawsuit on her behalf. Brooke M Monday was just 7 when the pedestrian accident happened in April 2006.

Brooke broke her jaw, left leg, and nose in the Maryland pedestrian accident that her parents say occurred because a crossing guard negligently waved her to cross the street just moments before she was struck by the motor vehicle. The defendants in the Maryland injuries to minor lawsuit include Anne Arundel County, SUV driver Alison L Hahn, vehicle owner David Fischer, and Monday’s insurance company. Brooke’s parents, Vernon and Jennifer Monday, are seeking millions of dollars in personal injury compensation.

According to the couple’s Maryland personal injury complaint, Deborah L Johnson failed to keep a proper lookout or enter the middle of the street when she told Brooke she could cross. The Mondays’ attorney has even accused the crossing guard of being distracted from doing her job because she was conversing with a friend at the time the deadly Maryland pedestrian accident happened.

US Department of Transportation’s Tougher Vehicle Roof Standards Should Provide Better Protection During Rollover Crashes

April 30, 2009 | Lebowitz & Mzhen

The US Department of Transportation has unveiled new roof strength standards that motor vehicle manufacturers must abide by beginning September 2012. Transportation Secretary Ray LaHood says that these newer, tougher standards should offer greater protection during rollover crashes.

Included in the National Highway Traffic Safety Administration’s new regulations:

• Light weight vehicles weighing up to 6,000 pounds will have to be able to withstand a force equivalent to three times the weight of the vehicle. This doubles the current standard requiring that roofs withstand a force that is 1.5 times a vehicle’s weight.

• For the first time, vehicles weighing 6,000 to 10,000 pounds will have to have roofs that can withstand a force equivalent to 1.5 times the motor vehicle’s weight.

All motor vehicles that have to meet these standards must be in compliance by 2017. Secretary LaHood calls rollovers the “deadliest” type of motor vehicle crash that exists today. However, he also wants people to remember that wearing a safety belt can also increase the chances of surviving a rollover accident.

Rollover Accident Facts

About 10,000 people are killed in US rollover accidents each year. Poorly designed roofs can cause the roof to become deformed, decreasing the amount of protection that occupants can avail of during a rollover accident. Just last month, the Insurance Institute for Highway Safety introduced its roof rating system for autos.

The rating system will hopefully help car buyers make informed decisions about how well certain vehicles ranked during IIHS testing. 12 SUV’s were tested and the ones that performed the best had roofs that were at least 2 ½ times stronger than the federal government’s current roof requirement standard.

Our Maryland motor vehicle crash lawyers are experienced in working on injury cases involving people hurt in rollover accidents. We understand the complex nature of investigating these kinds of motor vehicle crash cases and we have the experience and resources to successfully pursue your recovery.

U.S. DOT Doubles Roof Strength Standard for Light Vehicles, NHTSA, April 30, 2009
Roof strength is focus of new rating system; 4 of 12 small SUVs evaluated earn top marks, IIHS.org, March 24, 2009
Related Web Resources:

Roof Strength Rating, Status Report (PDF)

Risk of Pharmacy Errors Increases with Busier Pharmacist Workloads

April 28, 2009 | Lebowitz & Mzhen

US pharmacists filled 3.8 billion prescriptions in 2007. This increase in pharmacy prescriptions—up from 3.3 billion in 2002—means that pharmacists are busier than ever. According to pharmacy owner Paul Lofholm, his pharmacists can fill up to 100 prescriptions a shift.

According to SmartMoney, the busy workload is creating a number of downsides that can affect how well pharmacists do their jobs, which in turn can make them more prone to pharmacy errors. For instance:

1) Pharmacists are stressed out and working too much.
2) This makes them tired, which means they can’t always be 100% focused when doing their jobs.
3) They may have less time to provide counseling about each prescription.
4) They’re more likely to make mistakes. For example, in 2007, there were 433 complaints filed about prescription errors in California.

5) An increase in inventory may mean that pharmacists may not be fully informed about all of the medications that are now available. This can affect any counseling they can provide or prevent them from recognizing potentially dangerous side effects that can result.

Pharmacy errors can be grounds for Maryland personal injury claims or lawsuits if a customer gets injured, sick, or dies because the pharmacist filled the prescription with the wrong medication, neglected to advise the patient of adverse reactions and the patient got sick, or gave the wrong dosage of the right medication or the wrong medication to the a patient.

A 2007 CNN article recommended that patients take proactive steps to avoid becoming the victim of pharmacy mistakes, including:

• Try not to fill your prescription at the start of the month. Because Social Security checks come at the start of the month, more people come in to get their medications at this time. This means pharmacists are busier, which increases the chance of prescription mistakes.

• Open your prescription at the pharmacy and ask the pharmacist to double check that they gave you the correct medicine. If you think they made a mistake, voice your concerns.

10 Things Your Pharmacist Won’t Tell You, SmartMoney
Don’t be a victim of pharmacy errors, CNNHealth.com, October 30, 2007
Related Web Resource:
Inside a pharmacy where a fatal error occurred, USA Today, February 14, 2008

$19 Million Maryland Wrongful Death Lawsuit Filed by Victims of Deadly 2007 Bay Bridge Accident

April 27, 2009 | Lebowitz & Mzhen

The families of Randall Orff, his son Jonathan, and James Hewitt Ingle are suing the Maryland Transportation Authority, driver Stephen Adam Burt, trailer owner Levon Andonian, tractor-trailer driver Joshua Hargrove, Mobile Mini Inc, tractor-trailer driver Edwin Tixon, Ag Trucking Inc, and Travelers Property Casual Co of America for Maryland wrongful death.

The three victims died on May 10, 2007 when a trailer detached from an SUV driven by Burt. The trailer went in front of Orffs’ vehicle, and a seven-vehicle pileup ensued. No criminal charges were filed against Burt.

The $19 million wrongful death lawsuit accuses Burt of negligence because of the manner in which he operated his motor vehicle. It also contends that Andonian was negligent because he did not include a safety hitch pin when he constructed the trailer and accuses the two tractor trailers (and their employers) of negligence because they allegedly drove too fast under the driving conditions of the time and neglected to control their motor vehicles.

Paralysis Affects 1 in 50 Americans

April 24, 2009 | Lebowitz & Mzhen

According to a new survey, released by the Christopher and Dana Reeve Foundation, 5.6 million Americans have some sort of paralysis. That’s 1 in 50 Americans.

The survey was put together with input from over 30 experts in statistics and paralysis and conducted at over 33,000 households in the country. According to the report, One Degree of Separation: Paralysis and Spinal Cord Injury in the United States, findings included:

• 1.9% of the population in the US has been affected by paralysis.

Maryland Wrongful Death Settlement Reached Between Washington Adventist Hospital and Heart Patient Who Died While Trapped in Bathroom

April 21, 2009 | Lebowitz & Mzhen

In Maryland, the family of a heart patient who died while trapped in a hospital bathroom has reached a wrongful death settlement with Washington Adventist Hospital. Jose Valladares died in 2006.

He went to the bathroom in his room and locked the door. He experienced a cardiac event while using the toilet. The heart monitor he was using showed that his heart rate had decreased.

Hospital staffers in the area were unable to unlock the door immediately because they didn’t have a key. EMS workers and the Montgomery County Fire department broke down the door a number of minutes later but by then Valladares was already dead.

Work Zone Accidents Can Be Prevented if Motorists, Workers, and Construction Companies Exercise the Necessary Precautions

April 18, 2009 | Lebowitz & Mzhen

Many Maryland work zone accidents are avoidable, as long as workers, motorists, and contracting companies take the necessary precautions. For example, contractors need to make sure that construction zones are well marked and easily visibly. Workers should undergo safety training, be given the tools they need to make their work sites safer, and follow the safety rules. Motorists should pay attention and slow down when driving close to a work zone.

Driving too fast is the leading contributing factor of work zone accidents, with rubbernecking also another leading cause. Both workers and motorists are at risk of getting hurt in work zone accidents.

On June 26, 2007, Near Frederick, Maryland, state highway worker Rick Moser was killed when he was hit by a truck and thrown 175 feet while working in a highway work zone. Trucker Brian McCully was charged with negligent driving. He paid a $280 fine. The Motor Vehicle Administration gave him three points for the negligent driving charge. However, since this was a traffic citation, the truck driver didn’t have to go to court. The Moser family later filed a $2.5 million Frederick, Maryland wrongful death lawsuit against McCully for striking Rick with his Chevrolet truck.

Last February, Rick’s wife, Laurie, testified on House Bill 172 that calls for making it a misdemeanor to recklessly contribute to an accident in a highway work zone. The bill would impose a $1,000 fine and time in prison for up to 90 days. In 2007, Maryland police reported 2,250 highway work zone accidents in the state resulting in 11 deaths and 1,140 injuries.

Work Zone Awareness week was held earlier this month in the United States. Traffic safety officials want people to be especially aware of the dangers of careless driving in a work zone accident because spring is often the beginning of the construction season and the time when many motorists get back on the roads.

Work Zone Awareness Kicks Off, ABC2News.com, April 7, 2009
Widow requests tougher law for reckless driving, FrederickNewsPost.com, February 5, 2009
Family of highway worker killed in June files $2.5 million wrongful death suit, FrederickNewsPost.com, September 13, 2007
Related Web Resources:

National Work Zone Awareness Week 2009

US Department of Transportation

New Maryland Motorists Will Have To Pass Tougher Test to Prove They Are Ready to Drive On State Roads

April 17, 2009 | Lebowitz & Mzhen

According to the Maryland Motor Vehicle Administration, the state’s new driver’s license test requires new drivers to show off their driving skills on-road and off-road. This new test is reportedly tougher than the current version, and parents are especially are thrilled that their sons and daughters will have to prove they have the ability to pull off both kinds of road conditions before they can be fully licensed.

First-time drivers, experienced motorists who are licensed to drive abroad, and drivers who have to lost their license and have to take the test over again will all be required to take this new test. Drivers with licenses in other US States and Canada won’t have to take the driving test.

The new test, which is part of an on-road pilot project in Waldorf and Frederick, is expected to move to Baltimore and the Washington Metropolitan areas in the fall before being adopted throughout the state in 2010.

The MVA also says it will revise the written portion of the driver’s licenses test. The Maryland Highway Safety Foundation has been calling for changes to be made to the current test, which Foundation co-chairman David Nevis says puts too much emphasis on parallel parking and doesn’t pay enough attention to high-speed merging. MVA administrator John Kuo says the new test will emphasize defensive driving and test a driver’s actual driving skills.

It is important that all Maryland drivers understand the rules of the road so that they know how to drive safely. Negligent, careless, or reckless driving, driver ignorance, and other driving mistakes can lead to deadly Maryland car accidents and can be grounds for personal injury or wrongful death claims against the liable motorist.

Just recently, an 82-year-old Carroll County woman died in Sykesville when her car was in a collision with another vehicle. According to Police, Maggie Ringley Saylor ran a red light on route 26. She was later pronounced dead at a local hospital.