Maryland Accident Law Blog

Washington DC Man Dies After Paramedics Diagnose Acid Reflux

December 8, 2008 | Lebowitz & Mzhen

In Washington DC, a 39-year-old man died at his home on Wednesday, just hours after paramedics told him that he was suffering from acid reflux and didn’t need to go to the hospital. Now, authorities are trying to determine whether Emergency Service workers misdiagnosed Edward Givens’s condition and if this contributed to his death.

Givens’s mother, Lolitha, says that on Tuesday night, Edward told family members to contact 911. He was on the floor complaining of pains in his chest. He also said he was having problems breathing. At 11:40pm, an ambulance and fire truck from Engine 30 arrived at the home carrying three firefighters, who had emergency training, and a firefighter-paramedic.

The firefighters reportedly checked Givens’s vitals and conducted an electrocardiogram. Findings were normal. When the EMT’s found out Givens had eaten a burger, they recommended that he take antacid. They left soon after.

Lolitha says the paramedics refused to take her son to the hospital because they didn’t think his symptoms required additional care. Not even six hours later, however, family members contacted 911 again after they saw that Edward had stopped breathing.

Givens’s relatives say that the father of two might still be alive if EMT’s had followed procedures and taken him to the hospital. The DC Medical Examiner’s Office is expected to conduct an autopsy and issue its findings into his cause of death. According to DC Fire and Emergency Medical Services protocol, paramedics are supposed to take any patient who wants to go to the hospital.

Wrong Diagnosis

If a medical professional gave the wrong diagnosis of your loved one’s condition or failed to give him or her the proper care, your loved one may have grounds to file a medical malpractice claim for damages. If your loved one died because of medical negligence, you may have grounds to file a Washington DC wrongful death lawsuit.

Man Dies at Home After Paramedics Diagnose Acid Reflux, Washington Post, December 4, 2008
Misdiagnosis May Have Been Death Sentence for District Man, WJLA, December 3, 2008

Related Web Resources:

DC Fire and Emergency Medical Services

Rosenbaum Lawsuit Settled, Washington Post, December 21, 2007

Mother Sues Crocs for Personal Injury After Son’s Right Toe is Mangled While Riding Baltimore Aquarium’s Escalator

December 4, 2008 | Lebowitz & Mzhen

The mother of a six-year-old boy whose right big toe was mangled when his Crocs clog got caught in an escalator at the National Aquarium in Baltimore is suing Crocs Inc. for products liability. Kerry Burdick filed her federal lawsuit in court on Monday. She is seeking over $7.5 million in damages.

The accident occurred last April. Burdick’s lawsuit alleges that Crocs was aware that the popular clogs posed a hazard on escalators yet failed to warn consumers.

This is not the first incident where a person got hurt while using Crocs shoes. Over 200 people around the world have been involved in similar escalator entrapment accidents while using the popular clogs. Children especially appear more prone to injuries while wearing Crocs.

In 2007, a 10-year-old girl hurt her toe after her Crocs clog got stuck on an escalator at the Atlanta Hartsfield Airport. This year, a 3-year-old Croc wearer had two of her toes partially amputated because of injuries she sustained while also riding an escalator at the Atlanta airport. The parents of another 3-year-old sued Crocs for $7 million after her toe was mangled in an accident at New York’s John F. Kennedy Airport.

In April, Japan’s Trade Ministry asked Crocs Inc. to redesign its popular clogs. The ministry said that over a six-month period last year, it had received 65 complaints of escalator injuries involving Crocs clogs. In May, the US Consumer Products Safety Commission warned that it had received 75 injury reports between January 2006 and May 2007 about people who got hurt in escalator accidents while using Crocs.

Last July, Crocs Inc. said it would add warning tags about possible escalator entrapment-related injuries to its shoes. While the shoes that come with these warnings will become available in 2009, there are still millions of Crocs clogs out in the marketplace for sale or that have already been purchased that lack the entrapment warning.

Son hurt, Pa. woman sues Crocs firm, Baltimore Sun.com, December 4, 2008
Pa. mother sues Crocs over son’s escalator injury, Examiner.com, December 4, 2008
Related Web Resources:

Crocs

Crocs and similar soft shoes linked to escalator entrapments, Consumer Reports, May 20, 2008

Wal-Mart Customers File Personal Injury Lawsuit

December 2, 2008 | Lebowitz & Mzhen

Two Wal-Mart shoppers are suing the retail store for personal injury. Fritz, 51, and 19-year-old Jonathan Mesadieu say they sustained back and neck injuries after they got caught in the crowd of people stampeding into a Wal-Mart store during last week’s Black Friday shopping rush.

Some 2,000 shoppers reportedly broke through the glass door and rushed into the building at around 5am on November 28. The Mesadieus’ personal injury lawyer says the two men were carried from where they were standing by the throng of people. They are now are experiencing back and neck pain.

Also, temporary Wal-Mart employee Jdimytai Damour died in the same stampede after he was crushed to death while he and other workers tried to open the store doors for the shoppers. Autopsy results indicate that the 34-year-old died of asphyxiation. Video footage shows up to a dozen people getting knocked to the ground as shoppers pushed their way into the Wal-Mart store. Damour was reportedly stepped on by hundreds of people.

The Mesadieus’ personal injury lawsuit accuses Wal-Mart of recklessness, carelessness, and negligence. The father and son have also filed a claim against local police. They are saying that their injuries is causing them to suffer monetary damages in the form of legal and medical expenses in the range of $2 million.

Their personal injury attorney says that Wal-Mart failed to exercise reasonable care, including putting up barriers, improved police presence, and bringing in more security, that could have prevented the Mesadieus’ injuries from happening, The Mesadieus say they saw police at the scene but that they left. Lt. Kevin Smith, however, says it was the store’s responsibility to provide security on Black Friday.

There have been other personal injury lawsuits filed by customers against Wal-Mart in the past. Five shoppers sued the retail chain in 1999 for injuries they say they sustained because other shoppers were rushing to buy Furby dolls. Another shopper sued Wal-Mart three years ago because she said that two other customers pushed her and pulled at her neck when she tried to cut in line.

Customers injured in crush suing Wal-Mart, CNN.com, December 2, 2008
Experts: Trampling death may be hard to prosecute, Newsday.com, December 2, 2008

Related Web Resources:

Wal-Mart Stores, Inc.

Unidentified ER Doctor Accuses Washington DC Nursing Home of Severe Neglect

December 1, 2008 | Lebowitz & Mzhen

According to ABC 7/NewsChannel, an emergency room doctor who wishes to remain anonymous claims that he regularly sees patients from the Grand Park Care Center who are on the verge of death due to nursing home neglect. The nursing home residence is located in Washington DC’s NE.

The ER doctor says that a number of the DC nursing home’s residents have come to him with acute kidney problems, severe pneumonia, malnutrition, and dehydration. The doctor says these conditions are signs that the patients are being neglected.

Following his nursing home neglect allegations, the ABC 7/NewsChannel looked at the D.C. Department of Health’s inspection reports from February and May 2008 and found that a number of deficiencies were noted at the Grand Park Care Center, including the failure to tell a physician that a resident was suffering from dehydration. There were also residents who were reportedly suffering from anemia and weight changes.

According to DC Long Term Care Ombudsman Jerry Kasunic, his team has filed over 100 complaints against Grant Park and says the DC nursing home is one of the “worst” he has encountered. He says dehydration and unattended wound care have led to malnutrition.

Grant Park Executive Director Sandra Durham says the nursing home staff remains committed to improving the quality of service that it provides residents. The home has also reportedly retained the services of a new compliance officer and nursing home director.

Malnutrition and Dehydration

Nursing home residents suffering from malnutrition and dehydration can be prone to serious side effects and illnesses, including a weakened immune system, memory loss, pneumonia, bedsores, muscle mass loss, infection, organ function impairment, anemia, urinary tract infections, pneumonia, and death. Malnutrition and dehydration often occur at care facilities because of nursing home neglect.

Doctor Gives D.C. Nursing Home Failing Grade, WJLA.com, November 26, 2008

Related Web Resources:

Grand Park Care Center, Hospital-Data.com
Washington DC Department of Health

Teen’s Mother Sues DC Government and Maryland Hospital for Wrongful Death

November 26, 2008 | Lebowitz & Mzhen

In US District Court, the mother of Karl Grimes, the 18-year-old who died from injuries he sustained during a fight with two youths while staying at the Oak Hill Youth Center in 2005, is suing the DC government and Prince George’s Hospital Center in Maryland for wrongful death. Patricia Grimes is seeking $5 million from the hospital for alleged negligent care and $15 million from the DC government for its failure to properly staff and supervise the detention facility.

According to Patricia’s wrongful death lawsuit, Karl was sent to Oak Hill in August 2005 because of a probation violation. He was beaten and knocked unconscious by a number of Oak Hill residents on November 23. The lawsuit contends that city officials knew that the detention center lacked the adequate staffing to properly supervise residents and make sure they were safe. Patricia also claims there was a “significant delay” in getting her son the care that he needed and that he would be alive today if city workers had done their jobs correctly.

After the assault incident, Karl was treated by on-site medical workers before he was taken to Prince George’s Hospital Center. He appeared to be recovering until two days later, when his condition deteriorated. On November 26, Grimes was declared brain dead.

Even Though AAA Mid-Atlantic Expects There To Be Less Maryland Drivers Traveling This Thanksgiving, Motorists Should Still Exercise Caution to Prevent Motor Vehicle Accidents

November 25, 2008 | Lebowitz & Mzhen

According to AAA Mid-Atlantic, fewer Maryland motorists are expected to travel long distances this Thanksgiving than the number of Marylanders who traveled last year. While AAA estimates that 795,200 Maryland residents will travel no less than 50 miles, this figure is 1.5% lower than the number of travelers during Thanksgiving 2007. This is also reportedly the first time that there has been a drop in the number of people traveling for Thanksgiving since 2002.

Additional AAA figures involving Maryland motorists include:

• Some 650,000 Marylanders will travel by car.
• About 84,000 will ride in planes.

• Travel by bus and train are expected to be more popular modes of transportation this year than in 2007.

Even if the roads are less crowded this holiday weekend than they have been in past, many people are still expected on Maryland and other US roads. This is one reason why it is so important that drivers exercise caution to prevent motor vehicle accidents—especially if there is rain or snow on the roads.

The National Safety Council provides tips for safe driving in winter-like weather:

• Make sure your engine is tuned-up.
• Consider using winter-weight oil.
• Adjust your bakes.
• Check your vehicle’s battery.
• Ensure that your wiper blades are cleaned and working correctly.
• Carry tire chains in your vehicle—just in case.
• Drive slowly—especially in ice or snow.

• Know how to driver your motor vehicle if it skids.

In the event that you or someone you love is seriously injured in a Washington DC or Maryland motor vehicle accident, it is important that you seek legal counsel before trying to work out a deal with the other party’s insurance company.

AAA: Fewer Marylanders plan to travel for Thanksgiving, Baltimore Sun, November 25, 2008
Safe Winter Driving, Syracuse.com/The National Safety Council

Related Web Resources:

Maryland Weather

AAA Mid-Atlantic

Personal Injury Lawsuit Claims Victoria’s Secret Bras Caused Hives, Rashes, and Permanent Scars

November 24, 2008 | Lebowitz & Mzhen

Personal injury lawyers for a woman who is suing Victoria’s Secret for injuries she says she suffered from using the brand’s Very Sexy Extreme Me Push-Up and Angels Secret Embrace bras say that tests they ordered show that bras from those lines contain formaldehyde, which is used in embalming. They think that their client, Roberta Ritter, is allergic to the chemical.

Ritter, who sued the company in May, says she sustained itchy, inflamed, and blistery welts after using the bras. Since then, dozens of other woman have come forward claiming that they experienced the same injuries after using the Victoria’s Secret bras. At least two other products liability lawsuits have been filed. Class action status is pending.

The bras have not been pulled off store shelves, but a spokesperson for Victoria’s Secret says the company is investigating the complaints. Victoria’s Secret denies that any of their bras contain formaldehyde.

Maryland Woman Dies After State Trooper Hits Her Car, Pushing the Vehicle into a Tractor-Trailer

November 22, 2008 | Lebowitz & Mzhen

A Delmar woman died in Dorchester County on Friday evening after the car she was riding in was pushed into the back of a tractor-trailer by a Maryland state trooper’s car on Eastbound Route 50. Kristin Underkoffler was taken to Dorchester General Hospital where she was pronounced dead.

The 34-year-old driver was sitting in traffic in her 2008 Hyundai when Trooper First Class Paul Zimmerman’s patrol car slid on a patch of ice and struck her vehicle. Zimmerman’s sirens and emergency lights were activated as he headed to an accident scene at the Vienna Bridge.

Underkoffler’s car rotated clockwise before hitting the tractor-trailer’s rear. Zimmeran’s vehicle also struck the truck, but he only sustained minor injuries. He got out of his car to assist Underkoffler until emergency workers arrived at the auto crash scene.

The tractor-trailer driver was not hurt. The Maryland State Police says they still do not know what speed Zimmerman was driving when the crash happened, but a complete investigation is under way. Several other motor vehicle crashes had occurred that day because of ice on the roads.

Speeding and driver distraction are two of the leading causes of United States traffic accidents, and it is the responsibility of all motorists, including working police officers, to make sure that they do not endanger other motorists and pedestrians. Failure to obey the rules of the road and pay attention to pedestrians and other drivers can be grounds for a personal injury claim or wrongful death lawsuit if someone gets hurt or dies.

According to the National Highway Traffic Safety Administration, 314 people died during police chases in 1998. 2 victims were cops, 198 victims were the objects of pursuit, and 114 victims were not directly involved in the police chase.

Md. state police: Woman dies in crash with trooper, Examiner.com, November 22, 2008
Delmar woman dies after state trooper strikes her idling car, Baltimore Sun, November 22, 2008
High-speed police pursuits: dangers, dynamics, and risk reduction, Bnet.com, July 22, 2002

Related Web Resources:

Maryland State Police

Car & Driving Safety Tips, Nationwide.com

Maryland Family Awarded $5.8 Million for Dermatology Malpractice Leading to Man’s Skin Cancer Death

November 19, 2008 | Lebowitz & Mzhen

In Maryland, a Montgomery County Circuit Court jury has ordered the practice of Silver Springs Dermatologist Dr. Norman Ansel Lokshin to pay the surviving family members of Richard Semsker $5.8 million for dermatology malpractice.

Semsker died of skin cancer in October 2007. The Rockville resident had sought treatment from Dr. Lockshin’s practice. According to his family’s Maryland wrongful death lawsuit, Dr. Lokshin first detected a mole on Semsker’s lower back during a 1998 checkup. Lokshin contacted Semsker’s primary care physician, Dr. Lawrence Marcus, and recommended that the mole be removed. The mole was not removed.

In 2004, Semsker went back to Dr. Lokshin’s practice and was seen by Dr. Michael Albert, who was working at the practice part-time. Dr. Albert recommended that an atypical mole and two cysts be removed from Semsker’s upper back. However, he recommended that the same mole that Lokshin first detected on Albert’s back six years ago only be monitored because he believed that it wasn’t cancerous. Albert had just started working at the dermatology practice and he didn’t know that the mole had grown twice in size.

Maryland Woman Who Suffered Catastrophic Injuries During Pedestrian Accident in Baltimore County Work Zone Will Receive $250,000 in Damages

November 17, 2008 | Lebowitz & Mzhen

In Baltimore County Circuit Court, Judge Susan Souder awarded Sandra Lee Meade $250,000 for personal injuries she sustained in a pedestrian accident in an Arbutus traffic construction zone more than 5 years ago. The amount is part of a high-low agreement made between Meade and general contractor Dick Corp, with a “low” of $250,000 and a “high” of $2 million.

Meade sustained traumatic brain and spinal cord injuries after she was hit by a car while crossing Westland Boulevard, which was undergoing construction, on December 3, 2003. She now lives in a Maryland nursing home.

While police placed the fault for the pedestrian accident with Meade for crossing the street illegally—she tried crossing the street diagonally to catch the bus to work—Meade’s Maryland car accident lawyer accused Dick Corp. of failing to put in place a maintenance of traffic plan. He noted the “willy-nilly” placement of barricades and lines that were incorrectly painted on the road.