Maryland Accident Law Blog

Baltimore School System Drops Appeal and Will Pay $100,000 Judgment to Girl Sexually Assaulted in Maryland Classroom

December 2, 2007 | Lebowitz & Mzhen

The Baltimore school system in Maryland is dropping its appeal against the personal injury lawsuit filed by the mother of a 12-year-old girl that alleges that seven boys in a special education math class sexually assaulted her daughter in 2002.

Bridget Banks, the girl’s mother, says that on November 27, 2002, she received a voice message telling her that her daughter, who had previously been diagnosed with mild mental retardation, had been suspended from school.

The woman found her daughter at home. She says her daughter could not speak, her hair was a mess, and her shirt was ripped. She made her daughter tell her what happened. She then called the Baltimore police.

The girl, now 17 years of age, has been treated at mental facilities 21 times since the attack occurred. She also was diagnosed with post-traumatic stress disorder, had violent nightmares, and became suicidal. She now lives in a special home for vulnerable adults.

As part of their appeal, the schools had alleged that the girl had provoked the assault, which took place in the special education classroom at Southeast Middle School. The teacher reportedly was in the room but did not stop the attack. She was the only girl in a class with nine boys.

The lawsuit says that a number of boys started fondling her breasts. She called out to the teacher but was ignored. Seven of the boys pinned her to the ground and tried to pull her underwear off. She managed to push them away. At the principal’s office, a number of the boys contradicted her story and claimed she had “asked for it.” The girl was suspended.

By law, schools in Maryland must report any allegations of sexual assault. Southeast Middle School did not file a report with police.

The jury awarded Banks and her daughter $135,000 for medical expenses, pain, and suffering. The school system will pay the girl and her mother $100,000, which is the maximum allowed under state law for this type of personal injury case. Until this year, the school had covered all the costs of long-term mental facility placements.

Schools are supposed to ensure that children on their premises are safe from harm, including physical assault, robbery, injury, sexual assault, and wrongful death. If you or child was injured at a school, a good personal injury lawyer can help you determine whether you have grounds to file a premises liability claim or another kind of personal claim or lawsuit.

Schools stop fighting $100,000 judgment, Baltimore Sun, December 1, 2007
‘When she yelled for help, no one did anything’, Baltimore Sun, November 25, 2007

Related Web Resource:

Are Schools More Afraid of Lawsuits than They Should Be?, Christian Science Monitor, May 27, 2003

Maryland Family of 7-Year-Old Boy Arrested For Sitting On a Dirt Bike Sues Baltimore Police for $40 Million

November 28, 2007 | Lebowitz & Mzhen

In Maryland, the family of 7-year-old Gerard Mungo Jr. filed a personal injury lawsuit against the Baltimore Police Department for $40 million. Police arrested the boy on March 13 for sitting on a motorized dirt bike parked near his home.

According to the personal injury lawsuit, the bike was not in operation at the time the boy was sitting on it and was parked in front of a home close to where he lives. Gerard’s family is accusing a Baltimore police officer of “maliciously and unreasonably grabbing Gerard by his shirt collar and dragging him off the bike.” Dirt bikes are illegal in the city of Baltimore. The police officer that handcuffed the boy to the bench has reportedly said the arrest would not have happened if the mother hadn’t called the police.

The lawsuit describes how police officers and the boy’s mother, Lakisa, started yelling, while the boy ran to his room. He was later handcuffed and transported to the Eastern District police station. Gerard was not charged with committing any crime.

A great deal of local media attention followed the arrest. Approximately 10 days later, Baltimore police entered the home of a Dinkins relative and placed a gun to the head of Lakisa’s 14-year-old son. They arrested Lakisa and police held her for several hours. Baltimore police released Lakisa and did not press any charges.

Baltimore police say the raid of the home was part of a drug probe. The personal injury lawsuit, however, alleges revenge for the publicity caused by the bike arrest.

Mungo’s family is asking for $40 million in compensatory and punitive damages for false arrest, false imprisonment, assault and battery, irreparable personal injury to the boy, and pain and suffering to the family.

Police Brutality

If you or someone you love was injured because a police officer used excessive violence or engaged in some other type of misconduct, you should speak with a Washington D.C. or Maryland personal injury lawyer right away.

Even though law enforcement officers are allowed to use physical force when required in certain situations, they are still obligated to follow the laws and cannot use excessive violence when dealing with individuals and suspects. Unfortunately, many acts of police brutality are ignored.

Police brutality is illegal. As a victim of police violence, you may be able to recover personal injury compensation.

City police are sued for $40 million, Baltimore Sun, November 28, 2007
Boy’s family sues over arrest, Examiner.com, November 27, 2007

Related Web Resources:

Police Brutality in the US, Human Rights Watch
Baltimore County Looks To Stop Dirt Bike Violators, WJZ.com, May 30, 2007

Family of Maryland Man Struck by State Trooper Files $15 Million Wrongful Death Lawsuit

November 27, 2007 | Lebowitz & Mzhen

The family of Randy Rakes, a 38-year-old Finksburg, Maryland pedestrian who died last year after he was hit by a police cruiser, has filed a $15.8 million wrongful death lawsuit against Trooper Dale Derr, the police officer who was driving the vehicle, and the Maryland State Police. Rakes had been crossing Hwy 140 on November 28, 2006 in Carroll County when the speeding police cruiser hit him.

Rakes’ family says they are outraged that no criminal charges are being filed against Derr, 23, who was driving 83 mph on the shoulder of the road when his car hit Rakes. According to the Frederick County prosecutor’s office, there is not enough evidence to prove that Derr’s speed caused the deadly crash.

An investigation by the Maryland State Police, however, determined that the fatal accident could have been prevented if the trooper was driving closer to the street’s 55 mph speed limit.

Rakes’ family is appealing the decision not to press charges. They are asking Maryland Governor Martin O’Malley to intervene and demand that charges be filed against Derr.

This week marks the 1-year-anniversary of Rakes’ pedestrian accident death. His mother led a rally for justice for her son on Monday.

Speeding

Speeding is one of the major causes of motor vehicle crashes. In 2005, 214 people were killed in Maryland in motor vehicle accidents involving speeding. The faster a car is moving, the greater the chance of a motor vehicle crash occurring.

One out of every three traffic deaths is a result of speeding. While many speeding-related accidents occur on freeways, close to 50% of speeding-related fatalities occur on roads requiring that drivers ride at lower speed limits.

Maryland has a three-year statute of limitations for filing a wrongful death lawsuit. This means that the wrongful death action must be submitted within three years from the date of death.

Financial compensation for your loved one’s death cannot make up for your loss. It can, however, cover funeral or cremation expenses and other costs associated with the death of your loved one. Even if the party responsible for your loved one’s death is not arrested for the death, you can still hold them accountable in civil court through your wrongful death lawsuit.

Family Protesting Lack Of Charges Against Trooper, WJZ.com, November 26, 2007
Family of Man Killed by Police Car Appeals to Governor, Wtop.com, November 14, 2007
Speeding Statistics, Montgomery County, MD

Related Web Resource:

Maryland Wrongful Death Law

FDA Panel to Investigate Tamiflu’s Impact on the Brain After 55 Children Exhibit Abnormal Behavior

November 26, 2007 | Lebowitz & Mzhen

This week, a Food and Drug Administration panel will review the effect of the flu medicine Tamiflu on the brain. 55 children in the United States reportedly exhibited abnormal behavior and other brain effects after taking the medication. 22 of the cases included serious symptoms, such as delirium, convulsions, and delusions.

Globally, more than 1800 children who have taken Tamiflu showed similar effects worldwide. Five children in Japan died because of psychiatric or neurological problems. Seven adults died because of neuropsychiatric problems.

75% of the 48 million prescriptions for Tamiflu are administered in Japan. Last March, the Japanese government issued a warning that Tamiflu’s use be restricted in young people.

There is no concrete evidence to show that Tamiflu causes problems in the brain or abnormal behavior. Terry Hurley, a spokesperson for drugmaker Roche Laboratories, says flu patients who have not taken Tamiflu also showed these symptoms. However, if a child or adult was injured from taking Tamiflu, he or she may have grounds to file a dangerous drug claim or lawsuit against Roche Laboratories.

Tamiflu is Roche’s number nine best-selling drug and, according to the Tamiflu Web site, it is the “number one doctor-prescribed flu medicine.” The FDA has recommended Tamiflu for use in children and adults over age one. Tamiflu is used as a flu vaccine and to treat flu symptoms.

FDA safety reviewers are recommending that Tamiflu labels be updated to include information about possible neuropsychiatric side effects.

The FDA’s review of Tamiflu comes a little over one month after the makers of several infant cold medicines voluntarily recalled infant cold medicines Dimetapp, Robitussin, Pediacare, Triaminic, Little Colds, and Tylenol because of accidental overdose concerns.

Earlier this month in Chicago, a woman sued Walgreen Co. and McNeil for the wrongful death of her 4-month-old son who died after taking Infant Tylenol Cold Decongestant Plus Cough and Pediatric Drops-Cough Plus Cold, which are two over-the-counter medications.

FDA panel to review Tamiflu’s effect on brain, USA Today, November 26, 2007
Lawsuit alleges Illinois infant died from cold medicine ingredient; mother suing 2 companies, International Herald Tribune/AP, November 14, 2007
Makers Pull Cold Medicines for Infants, CNN.com, October 11, 2007

Tamiflu

Related Web Resources:

FDA Questions the Safety Of Asthma Drugs for Kids, The Wall Street Journal, November 24,2007

Five People Are Injured in Maryland When SUV Rams Into Chic-fil-A in Edgewater

November 20, 2007 | Lebowitz & Mzhen

The Anne Arundel County fire department is reporting that five people were injured when an SUV crashed into a Chick-fil-A on Solomon’s Island Road in Edgewater today.

One of the injured persons, a 67-year-old man, sustained serious injuries and had to be flown to the Maryland Shock Trauma Center. A 6-year-old boy was transported to Anne Arundel Medical Center for treatment of his injuries.

Three Maryland state troopers who were eating at the restaurant sustained minor injuries and did not require medical treatment. The driver of the SUV was not hurt.

If you were injured anywhere in Maryland or Washington D.C. in any kind of accident caused by someone who was negligent, it is important that you retain the services of an experienced personal injury law firm right away.

Driver negligence, carelessness, inexperience, drunk driving, speeding, and vehicle malfunction are some of the common causes of truck accidents, pedestrian accidents, car crashes, and motorcycle collisions.

The Top Driving Mistakes that Leads to Motor Vehicle Accidents (GMAC Insurance):

• Multi-tasking while driving: Fiddling with the radio, talking on the cell phone, text messaging, applying make-up, and reading a magazine are not activities that drivers should engage in while driving.

• Failure to yield when turning left: Remember to yield to motor vehicles and pedestrians who have the right of way.

• Following to closely: There should be a two-second pace between vehicles in case you need to step on the brakes. The time cushion should be longer if there is rain or snow on the road.

• Backing up without turning to see what’s behind you: Your driving mirrors may not show you what is behind you. Make sure to look before you drive in reverse.

• Incorrect Merging: Learn to merge properly.

SUV crashes into Arundel Chick-fil-A, injuring 5, Baltimore Sun, November 20, 2007
Top Driving Mistakes that Cause Crashes, GMAC Insurance

Related Web Resources:

National Highway Transportation Safety Administration

Motor Vehicle Accidents, Fatality and Analysis Reporting System

GMAC Insurance Says 36 Million US Drivers Would Flunk Driving Test

November 19, 2007 | Lebowitz & Mzhen

According to GMAC Insurance, one out of every six US drivers would flunk their driver’s test if they had to retake the test today. The GMAC Insurance National Drivers Test named New York as the state with the most number of drivers likely to flunk their tests, with Washington DC, Illinois, New Jersey, and Georgia also named close to the top of the list.

Gary Kusumi, CEO and president of GMAC Insurance Personal Lines, says that the two questions that the majority of test takers got wrong had to do with what to do when approaching a steady yellow traffic light and what the proper distance a driver should be behind the car ahead.

Other notable results from the GMAC test included the following:

• Drivers over 34 were the ones that would most likely to past their driver’s test if they had to take their tests again.

• 55% of participants were unsure as to how many feet before turning left or right they should activate their turn signals.

Car accidents are frequently caused by driver inexperience, negligence, or carelessness. Speeding, drunk driving, failure to obey the driving rules, not paying proper attention, and drunk driving are common causes of motor vehicle crashes that can lead to serious injuries or death.

The National Highway Traffic Safety Administration provides the following traffic-related fatalities in Maryland in 2005:

Prince George’s County, had twice as many traffic-related deaths than any other county in Maryland, Washington DC, or Virginia with 134 deaths. Baltimore County logged in at 73 deaths. Montgomery County clocked in with 44 deaths. Anne Arundel County had 54 deaths. There were 40 traffic-related fatalities in Charles County and 33 deaths in Frederick County. Carroll County had 21 deaths. Baltimore City had 34 deaths. Cecil County had 21 fatalities.

Car accidents can lead to broken bones, burn injuries, internal injuries, spinal cord injuries, traumatic brain injuries, and death.

If you have been injured in a car crash because of the negligent or careless actions of another driver, it is important that you try not to deal with the insurer of the negligent party by yourself. A good personal injury lawyer can protect your rights and make sure that you obtain the compensation that you are entitled to.

36 million drivers would flunk drivers tests, CNN.com, November 16, 2007
Prince George’s County leads region with 134 traffic deaths, Examiner.com, August 23, 2006

Related Web Resources:

National Highway Traffic Safety Administration

2007 GMAC Insurance National Drivers Test

NTSB Report Claims 2006 Metro Accident that Killed Two Track Workers Involved Metro Operator Error

November 16, 2007 | Lebowitz & Mzhen

The National Transportation Safety Board (NTSB) released a report that says that the accident that killed two track inspectors involved operator error. The report says that Lynette Harris, the driver of the Yellow Line train that killed two people on November 30, 2006, did not follow proper operating procedures and lied to federal investigators when she told them that she was not on her cellular phone while on duty.

The report says that both the workers and the operator did not follow proper protocol. However, the report also says that there aren’t enough proper procedures set up to make sure that track workers and train drivers communicate properly with one another.

Harris, who had departed from the Huntington Avenue Station in Alexandria, Virginia, violated Metro procedure by not asking the control center for permission to drive on the main tracks. She also lied to investigators when she said she was not using her personal cellphone while operating the train. Her phone records, however, indicate that she was on the phone right before the 9:30 am accident took place. Metro employees are not allowed to use their personal cellphones while working.

The two track workers, Matthew Brooks and Leslie A. Cherry, were hit by the empty train on the morning of November 30. Cherry died the day of the accident. Brooks died on November 7.

Train Accidents and FELA

The Federal Employers’ Liability Act of 1907 (FELA) provides coverage to train workers who are injured on the job. Unlike regular workers’ compensation, the injured party must prove that the accident was caused—at least partially—by a party affiliated with the train system or railroad company.

Proving negligence can be hard, which is why it is important to have a train accident attorney, who understand FELA and other railroad-related regulations, on your side. If you are a surviving family member of a train worker who was killed while on the job, your train crash lawyer may be able to help you obtain compensation by pursuing a FELA lawsuit on your behalf.

The statute of limitations for filing a FELA claim/lawsuit is three years from the date that the accident took place.

Errors Are Found In Metro Accident, Washington Post, October 26, 2007

Related Web Resources:

Train’s Operator Faulted in Fatal Metro Accident, Washington Post, January 4, 2007
FELA Quick Facts, FELA Help

Kanye West’s Mother Dies After Plastic Surgery

November 13, 2007 | Lebowitz & Mzhen

Donda West, the mother of record producer and rapper Kanye West, died on Saturday night at Centinela Freeman Regional Medical Center in Marina del Ray, California due to what may have been surgical complications.

Donda West, 58, had just undergone plastic surgery performed by Beverly Hills Dr. Jan Adams. Adams says he performed breast reduction surgery and a tummy tuck on West. He claims, however, that he didn’t do anything wrong and that her death could have been a result of other medical issues. He thinks that she died because of massive vomiting, a heart attack, or a pulmonary embolism.

Autopsy results are expected this week. Preliminary information, however, indicate that Donda West could have died from “complications of surgery.”

Another Beverly Hills plastic surgeon, Dr. Andre Aboolian, says that Kanye West’s mother spoke with him months ago about having plastic surgery. He refused to perform the procedure because she had a pre-existing condition that could cause her to have a heard attack if she underwent surgery. He told her that she needed to get medical clearance before he would perform the surgery. He never heard back from her.

If you suspect that you were injured or someone you love has died because of any kind of medical malpractice——including plastic surgery malpractice—you should speak with a medical malpractice lawyer immediately.

Common kinds of cosmetic surgeries include:

• Facial scar revision
• Plastic surgery
• Hair replacement
• Mentoplasty
• Rhinoplasty
• Breast implants
• Face lifts
• Otoplasty
• Tummy tucks
• Liposuction

Cosmetic surgery errors can lead to serious injuries or wrongful death. A person who is seriously injured because of plastic surgery may experience permanent scarring or disfigurement and suffer from emotional trauma, chronic pain, and psychological trauma. If physical appearance has a bearing on a patient’s career, he or she could experience loss of work.

A medical malpractice lawyer can assess your injuries and determine their cause and file a medical malpractice claim or lawsuit against the negligent plastic surgeon. If someone you love has died because of cosmetic surgery complications, you should speak with an experienced wrongful death lawyer who can file a claim or lawsuit for you.

Autopsy expected in death of Kanye West’s mother, CNN/AP,November 13, 2007

Related Web Resources:

Dr. Jan Adams

Cosmetic Surgery: Procedures at a Glance, American Society of Plastic Surgeons

Merck Will Pay $4.85 Billion to Settle Vioxx Lawsuits

November 9, 2007 | Lebowitz & Mzhen

Merck & Company says it will pay $4.85 billion to settle thousands of lawsuits related to injuries sustained by people who use Vioxx, a popular painkiller that was pulled from the market three years ago because studies revealed that it increased the risk of stroke and heart attack.

There have been thousands of personal injury lawsuits filed in federal and state courts over the past few years. The settlement agreement is intended to resolve these disputes. The $4.85 billion will be placed in a fund for the tens of thousands of Vioxx victims who suffered heart attacks and strokes because they once used the prescription drug. The fund will only be established, however, if 85% of the plaintiffs agree with the way the claims will be resolved.

The agreement consolidates the claims but is not a class-action settlement.

Merck had said initially that it would fight every claim based on whether or not the plaintiff had used Vioxx for an extended period of time or whether other factors could have led to the stroke or heart attack. Of the different products liability and wrongful death lawsuits that have already gone to trial, some of them resulted in verdicts in favor of the plaintiffs while other juries rule din favor of Merck.

Vioxx is believed to have doubled the risks of cardiovascular problems in people who had used the drug for more than 18 months. Nearly 20 million people in the United States are estimated to have used Vioxx.

Vioxx

Vioxx belongs to a category of drugs called nonsteroidal anti-inflammatory drugs (NSAIDs). Vioxx was used to decrease stiffness, pain, and inflammation in patients with osteoarthritis, rheumatoid arthritis, and certain forms of juvenile rheumatoid arthritis. It was also used to alleviate migraines, acute pain in adults, and menstrual pain. Vioxx was been known to cause heart attacks, stroke, death, and other serious and not so serious side effects.

Merck to Pay $4.85B Vioxx Settlement, Washington D.C., November 9, 2007
Vioxx, Drugs.com

Related Web Resources:

Vioxx Information Center, Merck.com
Merck yanks arthritis drug Vioxx, CNN Money, October 6, 2004

Millions of Toys with “Date Rape” Chemical Recalled After Five Children are Injured

November 8, 2007 | Lebowitz & Mzhen

Two children in the United States and three children in Australia were hospitalized after swallowing beads from a popular toy product that contain a chemical that metabolizes into a potent date rape drug when absorbed into the body.

The two children who became sick in the United States went into nonsresponsive comas. One of the children, a 20-month-old toddler, has recovered completely. The other child is recovering.

The toy, called Aqua Dots in the United States, has been recalled. 4.2 million Aqua Dots toys have been pulled off toy shelves throughout Canada, the United States, and Australia. Spin Master Toys, a Toronto-based company, distributes the product in North America. The toy is called Bindeez in Australia.

Aqua Dots toys are very popular in the United States and have been sold at major retail stores since April 2007. Aqua Dots were on Wal-Mart Stores’ list of top 12 Christmas toys for this year.

The toys are manufactured in China. The toy’s beads can be arranged into designs when sprayed with water. According to scientists, a chemical that coats the beads, when swallowed, turns into gamma hydroxy butyrate, the date rape drug, which can cause unconsciousness, drowsiness, seizures, coma, and death.

If your child was injured by a defective toy, you may be able to sue the manufacturer or distributor by filing a products liability lawsuit. An experienced products liability attorney can let you know whether you have grounds for a claim or lawsuit.

In other toy recent recall-related news, 405,700 toys said to be contaminated with lead where also pulled off shelves in the United States on Wednesday. Toys recalled include Pull-Back Action toy cars, “Big Red” wagons, Dragster and Funny Car toys, Duck Family wind up toys, Dizzy Ducks music boxes, and Winnie-the-Pooh spinning top products.

Toy contaminated with ‘date rape’ drug pulled, CNN.com, November 8, 2007
List of Lead-Contaminated Toys Recalled, AP, November 7, 2007

Related Web Resources:

GHB Drug Fact Sheet

Gamma-Hydroxybutyrate (GHB): A Newer Drug of Abuse, American Family Physician, December 1, 2000