Maryland Accident Law Blog

Baltimore City Paramedics Rescue Injured Maryland Worker After 10-Foot Wall Collapses

November 6, 2007 | Lebowitz & Mzhen

A worker was pulled from the rubble of a building basement on Tuesday after a 10-foot-masonry wall collapsed on him. According to Fire Division Chief Jeffrey Segal, the worker sustained injuries but they were not serious.

The building where the worker was found is located at 207 E. Redwood St. and is undergoing major renovations.

Because of the Maryland Workers’ Compensation law, construction workers and other employees injured on the job cannot sue their employer if they are injured in an accident.

Workers’ compensation guarantees employees injury benefits even if the employee was the one at fault in causing the accident. However, just because you file a claim with your company’s insurer does not mean that your claim won’t be denied or the insurer may find a reason for why you should not receive the full scope of benefits that you believe you are entitled to.

An experienced Maryland workers’ compensation lawyer can protect your rights and ensure that you are given the compensation that you are eligible for.

A few important facts to know about Maryland Workers’ Compensation Law:

• For workers’ compensation to cover your injury, your injury must have occurred while you were doing your job.

• In order to avail of workers’ compensation from an employer, you must be an employee of that employer.

• Your injury must have been sustained in a work-related accident.

• If you sustained an occupational disease while at work—even though there was no accident—you are eligible to receive benefits under workers’ compensation.

Man hurt after wall collapses downtown, Baltimore Sun, November 6, 2007

Maryland Workers’ Compensation Law

Related Web Resources:

Maryland Form Center, Workers Compensation

Family of Boy Who Died from Staph Infection To File $25 Wrongful Death Million Lawsuit

November 2, 2007 | Lebowitz & Mzhen

The family of a 12-year-old boy that died from a staph infection is going to sue the city of New York with a $25 million wrongful death lawsuit.

Omar Rivera’s mother, Aileen Rivera, says she will sue the city because doctors at Kings County Hospital Center misdiagnosed his illness. Omar Rivera died on October 14 at Brookdale University Hospital and Medical Center.

His mother had taken the 7th grader to the hospital because she wasn’t satisfied with the care that he was getting at a clinic, which belongs to New York City’s public hospital system.

She says that the doctor at Kings County Hospital Center misdiagnosed Omar’s illness—identifying it as an allergic reaction rather than an infection. Because of this misdiagnosis, no tests were ordered. Omar was given Benadryl for his skin lesions. Omar died of methicillin-resistant Staphylococcus aureus.

Methicillin-Resistant Staphylococcus Aureus (MRSA)

Methicillin-resistant Staphylococcus aureus is a kind of bacteria that is resistant to certain antibiotics, such as methicillin, amoxicillin, penicillin, and oxacillin.

Symptoms can include boils or pimples. MRSA can cause infections in different areas of the body. Although most cases of MRSA are not fatal, some cases can lead to death.

Wrong Diagnosis

Misdiagnosing a patient can be a serious problem—especially if the wrong diagnosis results in the patient sustaining injuries, becoming more ill, or dying. A wrong diagnosis can cause doctors to give a patient the wrong medication or treatment. A sick person may have to undergo more serious treatment or surgery if his/her condition worsens because the correct diagnosis wasn’t made in time. A person’s chances of survival could decrease with a misdiagnosis.

Mother Plans $25M Lawsuit After Son Dies From Staph Infection, Fox News, October 30, 2007
Family to sue for $25 million over boy’s staph death, CNN.com, October 30, 2007
Understanding MRSA (Methicillin resistant Staphylococcus aureus), WebMD

Related Web Resource:

Methicillin-resistant Staphylococcus aureus (MRSA), CDC

Father of US Soldier Wins $10.9 Million Personal Injury Lawsuit in Maryland Against Baptist Church For Funeral Protest

November 1, 2007 | Lebowitz & Mzhen

The father of a solider killed in Iraq won a $10.9 million personal injury verdict against the Westboro Baptist Church, a fundamentalist church in Kansas. The church pickets at military funerals because it believes that the Iraqi War is God’s way of punishing the US for its acceptance of homosexuals.

The Maryland lawsuit is the first lawsuit to be filed by surviving family members of a deceased solider because protestors picketed a funeral. Albert Snyder sued for unspecified damages because church members demonstrated at his son, Lance Corporal Matthew Snyder’s funeral in March 2006. Albert Snyder says the protest ruined his experience and memory of the funeral and intruded upon what should have been a private ceremony for friends and family.

The Maryland jury awarded Albert Snyder $2.9 million in compensatory damages. It awarded Snyder $2 million for emotional distress and $6 million for punitive damages because of invasion of privacy. The value of the compensatory damages is greater than the defendants’ net worth.

The defendants in the personal injury case, Reverend Fred Phelps and his daughters Rebecca Phelps-Davis and Shirley Phelps-Roper were found liable for intent to inflict emotional distress and invasion of privacy.

Last month, a federal judge in Maryland had cleared the defamation charge against the defendants. The church had said that Lance Corporal Snyder’s parents had taught him adultery and idolatry because they were divorced. The judge dismissed the defamation charge on the basis that adultery isn’t defamatory.

If you have been injured in any manner—whether physically, emotionally, or mentally—because of the negligent actions of another party or parties, you should speak with a personal injury attorney right away.

You could very well be entitled to compensatory damages and even punitive damage (punishing the defendant) as compensation for the harm, injury, or loss that you have suffered.

Church ordered to pay $10.9 million for funeral protest, CNN.com, October 31, 2007
Defamation claim dismissed against funeral-protesting church, Eyewitness News, October 16, 2007

Related Web Resources:

Westboro Baptist Church military funeral protests ruling reinforces rule of law, Jurist.com, October 18, 2007

Washington D.C. Police Identify Motorcyclist Involved in Deadly Police Chase and Seven-Car Crash

October 29, 2007 | Lebowitz & Mzhen

D.C. police say they have identified the motorcyclist that was involved in the high-speed police chase that resulted in a deadly multi-motor vehicle collision on the Capital Beltway on May 30. The crash resulted in the deaths of two people. 15 others were injured in the collision involving seven motor vehicles.

The woman who was a passenger on the motorcycle is the person that has reportedly come forward to identify the motorcyclist. According to over 20 witnesses and based on videotape and other evidence, Office Scott Campbell began chasing a motorcycle, driven by a man with a female passenger, down the Capital Beltway during rush-hour traffic. The high-speed pursuit at times reportedly exceeded 120 mph. The police cruiser eventually crashed into an SUV and other vehicles became involved in the multi-car collision.

Officer Campbell reportedly began chasing the motorcycle without notifying dispatchers—which he should have done. Kevin McDonald and Sidney Clanton, who were riding the SUV, were killed almost immediately. The car of an off-duty police officer also involved in the crash was also seriously damaged.

There is no word on whether criminal charges will be filed. The Prince George’s police department vehicle pursuit policy says that police officers can only engage in chasing a suspect if an officer has probable cause to believe that the person they are pursuing either injured or killed someone in a hit and run crash or physically violent or could become physically violent. According to police policy, police officers must prioritize ensuring the preservation of life over catching a suspect.

Statistics show that 300 people die every year in police pursuit-related accidents. Of these deaths, about 30% of the victims were innocent bystanders who were not even directly involved in the pursuit. Between 1994-2002, 102 bicyclists and pedestrians and 40 police officers were killed because of police chases.

If you or someone you love was seriously injured in a motorcyclist, because a car driver, truck driver, another motorcyclist, a pedestrian, a bus driver, a police officer, or any other party behaved negligently or carelessly, you may be able to file a personal injury claim or lawsuit to demand compensation for your injuries.

Motorcyclist Sought in Pileup Is Identified, Washington Post, October 27, 2007
Study examines crash fatalities from police pursuits, UW School of Medicine, April 16, 2004
D.C. Area Crash Kills 2, Injures 15, CBS News, May 31, 2007

Related Web Resource:

Police Pursuit Accidents

Maryland’s Baltimore County Council Rejects Legislation Targeting Pit Bull Attacks

October 25, 2007 | Lebowitz & Mzhen

The Baltimore County Council has vetoed legislation that would have place strict limits on pit bull owners in Baltimore County, Maryland. The measure, introduced by Council member Vincent J. Gardina, would have force pit bull owners to keep their dogs in concrete-based kennels and post warning signs on their front lawns. Pit bulls would have had to be muzzled anytime they were outside their kennels.

Gardina had proposed the legislation after a 10-year old boy from Towson was mauled by a pit bull. The boy stayed at a hospital for two weeks while he recovered from his dog mauling injuries.

Animal rights groups and dog owners that had protested heavily against the measure had cited the violation of dog owners’ rights. They also questioned whether the measure would actually prevent dog attacks from occurring—especially as there are dogs belonging to many breeds other than pit bulls that have been known to attack adults and children with little provocation. In addition to American Pit Bulls, the measure would have also applied to the American Staffordshire terrier, the Staffordshire bull terrier, any mixes of these breeds.

Those who supported the measure, however, cited reports showing that even though dogs from other breeds have been known to attack people, pit bulls are responsible for many of the attacks. The CDC says that out of the reported 238 dog maulings that took place between 1979 and 1998, pit bulls were responsible for 66 of the attacks.

If you or your child has sustained injuries because of an attack by a dog or another animal that belongs to someone else in Maryland or Washington D.C., you should speak to an experienced dog bite injury attorney immediately.

Deadly Dog Bite Statistics:

• 12-15 people die annually from dog-related injuries.
• Pit bulls and rottweilers are responsible for many dog-related deaths.
• 65% of deadly dog attacks take place because a dog was not chained on the owner’s premise.
• 3,423 postal workers were attacked by dogs in 2003.
• Dog bites are the second cause of injuries to children on playgrounds.

• The majority of children-related dog bite injuries occur on the face.

Baltimore County Council Rejects Pit Bull Limits, WBAL.com, October 16, 2007
Proposal takes aim at pit bull maulings, Baltimore Sun, October 8, 2007
Animal and Dog Bite Statistics, Lawcore.com

Related Web Resources:

Maryland Dog Bite Law

19-Year-Old Student Sues Howard University Hospital, GW Hospital, and Washington D.C. for Medical Malpractice and Negligence

October 23, 2007 | Lebowitz & Mzhen

A 19-year-old Howard University female student is suing Howard University Hospital, the District, and several doctors for medical malpractice and medical negligence. She claims that the University and District were negligent because several doctors at area hospitals committed medical malpractice by refusing to treat her with a rape kit even though she told them she had just been sexually assault.

The student—whose name is being withheld because she is a sexual assault victim—says that GW Hospital refused to treat her because she allegedly appeared intoxicated. In her complaint, the woman claims that she was given a date rape dug while she was at a party located outside the Howard campus. One of the party’s hosts then sodomized her without her consent.

The student immediately went with two witnesses to Howard University Hospital for treatment. They allegedly sent her home without administering the rape kit because she was intoxicated. She tried obtaining a rape kit from the hospital again in the morning and once again they refused to treat her.

The District mandates that all hospitals contact police regarding sex assault claims before administering the rape kit. Howard University Hospital did not contact local authorities.

When the assault victim contacted the Metropolitan Police Department, they also said that they didn’t think she needed a sexual assault kit.

The student then drove to GW Hospital where a doctor examined her but also refused to administer the rape kit because police and Howard University Hospital did not give the kit to her.

The plaintiff says that she was denied the reasonable medical care that she is legally entitled to.

In the lawsuit, GW Hospital is accused of refusing to treat the student because doctors said she seemed intoxicated. The student is suing the University and the hospital for negligent hiring.

She wants compensatory damages. She also wants GW Hospital to modify its rape treatment policies. She says that the hospital staff’s refusal to treat her may have prevented authorities from catching her rape assailant.

A rape kit is used to take semen, tissues, and blood samples to identify the perpetrator.

Doctors, nurses, surgeons, dentists, and other medical staff members are required to provide patients with a reasonable level of medical care that is expected from other medical members in their position. Failure to do so can be grounds for medical malpractice.

Some other common grounds for medical malpractice claims and lawsuits include failure to diagnose, wrongful diagnosis, delayed diagnosis, surgical malpractice, prescription errors, birth injuries caused by negligence, and failure to receive proper patient consent.

GW sued for negligence, malpractice, GWhatchett.com, October 4, 2007
Student Sues Hospitals For Refusing Her A Rape Kit, WUSA9.com, October 23, 2007

Related Web Resources:

Howard University Hospital

George Washington University Hospital

Couple Sues Walgreens for Wrongful Death When Pharmacy Misfill Causes Miscarriage

October 22, 2007 | Lebowitz & Mzhen

A couple is suing Walgreens for wrongful death. The Missouri couple is claiming that the woman miscarried her baby because a Walgreens pharmacy accidentally gave her a chemotherapy drug instead of the prenatal vitamin that a doctor had prescribed her.

Instead of being given the prenatal vitamin Materna, a Walgreens pharmacy in O’Fallon, Missouri gave her Matulane, which is used to treat Hodgkin’s disease. The Physicians’ Desk Reference and Walgreens.com both say that Matulane can cause fetal harm in pregnant women.

Chanda Givens, who was pregnant at the time, suffered skin rashes, nausea, vomiting, vision changes, neurological symptoms, lightheadedness, dizziness, shortness of breath, and chills after taking the drug that she thought was a prenatal vitamin. She took the drug for a few weeks.

When she went to a doctor, a medical exam revealed that the baby was not developing properly. She later miscarried the baby. Her wrongful death lawsuit says that her miscarriage was “a direct and proximate result of the misfill of the prescription for a prenatal vitamin with a potent and toxic chemotherapy drug. Givens and her husband are blaming Walgreens for failing to properly fill the prescription. They say that the pharmacy should have double checked with her doctor as to why a pregnant woman would even take a chemotherapy drug.

The Givens are seeking personal injury damages, including medical costs greater than $75,000 and punitive damages greater than $75,000. The Givens do not want to settle and want to take their wrongful death case to trial.

Pharmacists have a medical responsibility to provide all patients with the proper prescription medication. Giving someone the wrong medication, the wrong dosage of medication, or someone else’s medication can have grave consequences on a person’s health and can lead to a number of serious injuries, including miscarriage, organ damage, strokes, and death.

Common causes for pharmacy misfill errors include pharmacist inexperience, carelessness, negligence, or misreading a prescription note.

Suit faults prescription mistake for miscarriage, STLtoday.com, October 17, 2007

Related Web Resources:

Payless ShoeSource Recalls 90,000 Girls’ Boots From Stores in Maryland, Washington D.C. and Other U.S. States

October 19, 2007 | Lebowitz & Mzhen

Payless Shoesource Inc. is voluntarily recalling some 90,000 Girls’ Boots that were manufactured in China because the guitar-shaped zipper pull on each boot can interlock and cause a girl to trip and fall while walking.

The shoes are sold were sold at Payless ShoeSource stores across the U.S. and Payless.com from August 2007 to September 2007. There have been five reports of the zipper pulls interlocking and one incident of a four-year-old girl who skinned her knee because she fell.

If a person is injured because of a defective product, he or she may have grounds to file a products liability claim or lawsuit against the manufacturer and/or the store where the product was brought.

The recalled boots have “Hannah Montana” engraved on their outsoles and were sold in girls’ sizes 4 ½ to 10.

Jewelry, jackets, shoes, belts, hooded sweatshirts, bathrobes, pants, and sweaters are just some of the clothing items that can be recalled if any of them prove to be flammability hazards, strangulation hazards, choking hazards, toxic hazards, or slip and fall hazards.

Product recalls are authorized because a particular product item has proved to be dangerous to users. The recall warns users of the hazard and pulls the product off store shelves.

Recent Recalls involving Children’s Clothing (Healthnews.com):

• Children’s Necklaces Recalled by GeoCentral Due to Lead Poisoning Hazard (June 19, 2007)

• Choking Hazard Prompts Nordstrom Recall of Children’s Jackets (June 14, 2007)

• Children’s Jeweled Sandals Sold by Nordstrom Recalled Due to Choking Hazard (June 14, 2007)

• Silver Stud Earrings Sold Exclusively at Kmart Recalled by Crimzon Rose Accessories Due to Lead Poisoning Hazard (June 12, 2007)

• Personalized Infant Long Johns Recalled by Personal Creations Due to Choking Hazard (June 7, 2007)

• Lead Poisoning Hazard Prompts Cardinal Distributing to Again Recall Children’s Rings (May 2, 2007)

• Oriental Trading Company Inc. Recalls Children’s Necklaces Due to Lead Hazard (May 2, 2007)

• Payless ShoeSource Recalls Children’s Clog Shoes Due to Choking Hazard (May 2, 2007)

If you or someone you love was injured by any kind of defective product in Maryland or Washington D.C., do not hesitate to contact an experienced products liability attorney right away. You may be eligible to receive compensation for injuries, pain, and suffering.

Payless ShoeSource Recalls Girls’ Boots Due to Fall Hazard, CPSC.gov, October 18, 2007
Clothing Recalls, Product Recalls, Health News

Related Web Resource:

Payless Shoesource

Baltimore Health Commissioner Tells FDA Panel That Cold Medicines Are Dangerous for Children Under Age Six

October 18, 2007 | Lebowitz & Mzhen

Dr. Joshua M. Sharfstein, a pediatrician and the Baltimore Health Commissioner told a Food and Drug Administration (FDA) advisory panel that cough and cold medicines don’t work and are dangerous for children under six years of age. He attributed lax FDA regulations as the reason that pharmaceutical companies are allowed to market drugs to the parents of young children—even though there is no proof that the drugs are effective and there is growing evidence of related illnesses and deaths.

Sharfstein is part of a group of pediatricians trying to convince the FDA to stop drug manufacturers from marketing cough and cold medicines to the parents of young children.

Last week, drug manufacturers voluntarily pulled cold and cough medicines by Tylenol, Little Colds, Triaminic, Pediacare, and Robitussin for infants, toddlers, and young children. Manufacturers cited concerns that parents might give too big a dose to their children who are younger than six years of age. Labels provided on the medicines withdrawn suggest that parents ask a doctor for advice regarding dosage.

The CDC says that since 2005, some 1500 toddlers and infants have been taken to hospital emergency rooms because of an adverse reaction to taking cold medication.

The FDA says that there have been 54 reported infant fatalities attributed to decongestants. Antihistamines reportedly caused 69 child deaths.

Two months ago, federal health officials recommended that the “ask the doctor” directive be replaced with a warning not to give the medication to children younger than 2 unless specifically instructed on how to do so by a pediatrician.

If you suspect that your child may have gotten sick or died because of a dangerous drug or because a drug manufacturer did not provide the correct instructions on the dosage to give your child, you should speak to an experienced products liability attorney in Maryland or Washington D.C.

The drug manufacturer is legally obligated to reasonably protect all consumers and must include safety warnings of any potential side effects. A drug manufacturer can also be held liable for personal injury if it markets the drug in a way that misrepresents it.

Sharfstein makes case to ban cold remedies, Baltimore Sun, October 18, 2007
Child deaths lead to FDA hearing on cough, cold meds, CNN, October 17, 2007

Related Web Resources:

What Parents and Caregivers Need to Know: OTC Cough and Cold Medicines and Children, Consumer Healthcare Products Association
Drug Facts Label

At Least 10 People Injured and 3 People Killed in Fiery Multi-Truck Collision in California Tunnel

October 15, 2007 | Lebowitz & Mzhen

A multi-truck collision in a Southern California freeway tunnel left at least 10 people dead and 3 people (two men and a baby) injured. The collision pile up started when two trucks crashed into each other and caused a multi-truck collision in one of I-5S’s freeway tunnels. The wreckage stretched as long as half a mile. 30 commercial vehicles and one passenger car have been pulled from the tunnel. Many of the trucks had been burnt down to skeletal frames and molten debris.

The huge fire, rising as high as 100 feet, shut down a major connection between San Francisco and Los Angeles until early Monday. The tunnel is currently being inspected to review the extent of damage. Parts of the concrete wall have reportedly peeled away. Visible steel reinforcement bars appear askew. Twenty people were able to leave the fiery tunnel on foot.

Trucks have long considered the 550-footlong tunnel as a dangerous area because of its dim lights, which can make visibility challenging—especially when there is rain on the roads. There is also reportedly a blind curve in the tunnel.

If you are a truck driver who was injured in a truck collision because of another negligent driver, a truck defect, or because of a faulty or defective bridge or tunnel, you should also contact an experienced personal injury attorney who can determine whether you have grounds to file a personal injury or premises liability claim or lawsuit against the party responsible for your accident.

U.S. shippers are being warned about trying to squeeze too much cargo on trucks, which can increase the chances of collisions or falling objects onto roads.

If you are a truck driver who was injured in a truck collision because of another negligent driver, a truck defect, or because of a faulty or defective bridge or tunnel, you should also contact an experienced personal injury attorney who can determine whether you have grounds to file a personal injury or premises liability claim or lawsuit against the party responsible for your accident.

Large trucks, 18-wheelers, and semi-trucks are massive in size and can be very dangerous to collide with on a road or freeway. Many trucks have blind spots, which makes it difficult for a truck driver to see smaller cars and motorcycles nearby. Truck drivers need more room to stop and turn. Common causes of truck collisions include driver fatigue, drunk driving, failure to inspect or properly maintain a truck, cell phone use while driving, and speeding.

If you or someone you love has been injured in a truck crash because of a negligent truck driver in Maryland or Washington D.C., you should contact an experienced personal injury attorney right away.

Interstate 5 is back in business, LA Times, October 15, 2007
At Least 3 Dead, 10 Injured After Massive Tunnel Fire on California Freeway, Fox News, October 14, 2007

Passenger Safety, Big Rigs and Sharing the Road

Center for National Truck and Bus Statistics-CNTBS, UMTRI