Maryland Personal Injury Lawyer Blog

A man was awarded $400,000 in damages after his 5 year old disabled daughter drowned at a children's center while taking part in an after school program.The child was found submerged in a mineral pool where she was taking part in hydrotherapy, at a Crippled Children's Center in Desert. The child, who was autistic and legally blind, died the next day from her injuries.Her father filed a wrongful death suit against Crippled Children's Foundation, the School District, the Cerebral Palsy Organization as well as three people who had worked with his daughter. As an experienced trial attorney I have reviewed many cases of wrongful death and have completed same with favorable results. The jury voted to award $40,000 in damages for past loss of companionship and $360,000 for future loss of companionship.
The little girl, who was diagnosed with low-functioning autism, was in a special education kindergarten class in a local Elementary school at the time of her death, which police investigators deemed accidental. Her father's lawsuit claimed that three people affiliated with the program knew his daughter was autistic and blind, yet they did not give her a life vest before she went into the pool.While unsupervised and without a lifesaving vest the victim drowned the suit claimed.
The program was subsequently shut down by the state Department of Social Services.
If a loved one has been the victim of wrongful death please call me now at 800-320-0080 or visit me at one of my conveniently located offices in Rockville or Baltimore.

A college student alleges in a civil complaint filed that her effort to complete a degree in radiology was cut short when a college official disciplined her for a conversation that led to another person's Facebook posting.The student had been assigned to shadow a radiologist at a local hospital and quickly became concerned with the technician's performance when she saw him sleeping even though the waiting room was filled with patients and mindlessly picking up a computer mouse and mistaking it for a telephone and even asking her, out of the blue, if she got the pizza the complaint said.As an experienced trial attorney i have reviewed many cases of breach of contract and have completed same with favorable results.She asked her older sister for advice and she recommended that she talk with the technician's supervisor --which she did, according to the complaint, with no negative consequences.But the sister then told her co-worker about the call and then that co-worker told someone else who then mentioned the incident to others and then one of the recipients of the information took it upon themselves to post it on Facebook the complaint said.
The Facebook posting came to the attention of the director of the radiology program. He reprimanded the student and told her that she had violated school policy and should withdraw from the radiological clinical course or receive an F grade.The student then talked with the college president who advised her not to appeal the decision.She then had no choice but to withdraw from the radiology program, which the lawsuit charges as a violation of due process and breach of contract.
If you or a loved one has been wrongfully terminated please call me at 800 320-0080 or visit one of my conveniently located offices in either Rockville or Baltimore today.

The Plaintiff's wife, 46, a certified medical assistant, underwent a Whipple procedure, which is a well known procedure to remove the head of the pancreas when there is suspicion of pancreatic cancer. The procedure was performed at the Hospital by a surgeon and another doctor.The plaintiff alleged a major vein was torn and repaired during the whipple procedure and she was then taken in for a second surgery because of resulting complications. She subsequently died that evening and it was later discovered that she did not have pancreatic cancer.Her husband then sued both doctors and the hospital for medical malpractice - misdiagnosis and wrongful death.

The plaintiff contended that the surgery was a complex operation best undertaken by a surgeon who has done it numerous times in a hospital that does at least seven Whipple procedures per year.As an experienced trial attorney I have reviewed many cases of a Rockville medical malpractice and have completed same with favorable results. He claimed the procedure was done at this particular hospital only a few times a year. The plaintiff noted that a facility that performs the procedure less than seven times a year is considered a low-volume center, and that the doctor had performed the surgery only three times in his career before his wife's surgery.

The plaintiff disputed the decision to blindly try to dissect the portal vein from the posterior of the pancreas with a right angle clamp. He claimed this resulted in a major tear of the vein, and the vein is responsible for taking blood from the gut to the liver and flows at a rate of one liter per minute. Consequently, the plaintiff contended that it was negligent to use a clamp in an area without direct observation of the vein and the failure to do so resulted in a major bleed and ultimately the complications that led to his wife's death.
The plaintiff also argued that while the defendants had reasonable suspicion that his wife had pancreatic cancer and that surgery performed was not incorrect, she should have been referred to a major facility to undergo the surgery.The plaintiff also contended that the assisting doctor did not correctly voice concerns during the procedure, though the decision-making was the chief doctor's. The defense noted that while ultimately it was discovered that there was no metastasis, there were pre-cancerous cells in the pancreas which would have progressed to cancer without intervention.The defense contended that the surgical technique followed by the surgeons was within the appropriate standard of care. The defense argued that the injury which occurred was a recognized complication of the procedure, and the plaintiff's expert conceded it was a recognized complication.
The defense asserted that 42 percent of Whipple surgeries continue to be done in community hospital settings and that both defendant physicians were board-certified general surgeons who had performed Whipple surgeries successfully in the past. The defense contended that referral to a high-volume center would not have reduced the risk of a recognized complication.Plaintiff's counsel also noted that the defense contended that is impossible to always see the back of the pancreas and a surgeon needs to rely on his experience and tactile sense.The patient died following the Whipple procedure. She was 48.The plaintiff sought recovery for wrongful death and emotional distress damages for the loss of his wife.The jury found the lead doctor 80 percent negligent and that his negligence was a substantial factor in causing damage. It found the assisting doctor also negligent and apportioned 20 percent to him, but the jury found that his involvement was not a substantial factor in the patient's death.The jury awarded the plaintiff $4.4 million in damages broken down into the past financial support that his wife would have contributed to the family of $45,040, past losses of gifts or benefits that the plaintiff would have expected to receive from his wife of $10,391, past household services that she would have provided of $26,828, future financial support that she would have contributed to the family of $324,288, future losses of gifts or benefits that the plaintiff would have expected to receive from hiss wife of $97,286, future household services that she would have provided of $480,676, funeral and burial expenses of $1,600, the loss of her love, companionship, comfort, care, assistance, protection, affection, society and moral support and the enjoyment of sexual relations of $500,000 and the loss of Kath Hansen's love, companionship, comfort, care, assistance, protection, affection, society and moral support and the enjoyment of sexual relations from the date of the verdict forward of $3 million.

Continue reading "Man Awarded $4.4 million After Death Of Wife Due to Medical Malpractice." »

The Plaintiff, a 62-year-old man who had to have more than two feet of his colon removed due to perforations in his colon he acquired during a routine colonoscopy; received a $2 million verdict against two doctors who treated him. As an experienced Maryland trial lawyer I have reviewed many cases of Baltimore medical malpractice and have completed same with favorable results..The jury deliberated for over two days before finding that the doctor who performed the colonoscopy on the plaintiff, was 60 percent negligent for his perforated colon and resulting surgeries. They also found the second doctor 40 percent negligent for further perforating the plaintiff's colon during follow-up procedures to fix subsequent complications due to the initial tear.

The pretrial memorandum filed stated that the the doctor dramatically overinflated the plaintiff's colon during the initial colonoscopy. When the plaintiff complained to the doctor of severe pain the following day,the doctor directed him to go to the emergency room where a CT scan was performed and showed no free air, which meant there was no perforation.The hospital appropriately treated the plaintiff with antibiotics for an obstruction and monitored him. But a CT scan performed a few days later showed a perforation and the plaintiff required emergency surgery.The doctor that performed the initial colonoscopy argued that a possible perforation was a known complication of the procedure and noted in the informed consent the patient signed.

The attorney argued that the plaintiff's colon was overinflated to a level beyond the standard of care and the jury agreed.The jurors ruled the doctor overinflated the colon and was beyond what people thought was reasonable.The plaintiff's problems persisted even after the emergency surgery which brought other doctors into the mix and ultimately into the case.

Continue reading "Man Wins $2 Million in Colonoscopy Malpractice Case." »

The plaintiff says the jury award of $1.9 million was unfortunately bittersweet because he's unable to do what he loved best, working as a Mason cop. After five hours of deliberations the jury found that the defendant was negligent and responsible for the injuries that causes the victim severe pain while he walks and he sometimes must rely on a cane for stability. As an experienced Maryland trial attorney I have reviewed many cases of personal injuries due to many including rockville car accidents and have completed same with favorable results.The plaintiff was directing traffic after Mass at a Church on when the defendant sped out of the parking lot and struck him with her car. She then fled the scene.

The defendant's Baltimore accident attorney, claimed the plaintiff was not hit by a car but instead had backed into his client's car and only suffered minor contusions. The plaintiff's Rockville injury attorney reminded the jury about a statement the defendant had written five days after the accident which she wrote that she hit him with her car and he flew up in the air and was knocked to the pavement.He also reminded the jury that several doctors testified about the victim's injuries and the fact he will never be able to be a law enforcement officer and is only physically capable to work in one percent of available job categories in this economy.The plaintiff said the money will allow he and his wife to stop worrying about bills, but his life will never be the same. He said he doesn't drive through the town anymore and doesn't watch television police shows and all he does is go to rehab and counseling because the mental side is very difficult for him.

It was bittersweet, he said of the verdict. Financially we're going to be taken care of, it was much more than I thought we would get. But for me it doesn't change my life, I can't do 95 percent of what I used to do, that includes working as a police officer. No amount of money is going to give me back that part, which was the most important part of my life.

Continue reading "Plaintiff Receives $1.9 Million in Hit and Run Accident" »

A jury awarded $1.5 million to a man who was shocked by low-hanging power lines.
The victim, 52, sued a major electric company after he was shocked while working for a paving company. As an experienced trial attorney I have reviewed many cases of workplace accidents and have completed same with favorable results.
He was paving a portion of a Highway when the vehicle he was operating struck the lines and sent 7,600 volts of electricity through his right arm. Doctors contend that more than twice the amount of electricity that's used for the electric chair went in to his right hand and out of his right elbow.

The victim can only perform limited tasks with his right arm and is in constant pain.He also wears a sleeve to reduce swelling and is no longer able to contract his hand. Two doctors testified at the trial that the plaintiff will suffer from pain for the rest of his life.
The jury returned the verdict after studying the plaintiff's medical bills and determining that he can no longer work.

Continue reading "Plaintiff Receives $1.5 Million in Power Line Accident." »

A couple was awarded $58.6 million in a case involving an obstetrician accused of waiting too long to perform a cesarean section which caused permanent brain-damage to their infant son.The jury sided with the couple whose son now 8, has had severe cerebral palsy since he was born. He is fed through a tube, uses a wheelchair, is unable to eat, talk or walk and is incontinent.When the baby was born, he was born not breathing and was blue and limp said the mother who sued her obstetrician and his practice. He had seizures and he was on a ventilator. As an experienced trial attorney I have reviewed many cases of medical malpractice and have completed same with favorable results.

The parents said in their lawsuit that the doctor did not perform timely incisions to relieve the upper uterine area, delayed the cesarean section and didn't create space for an a traumatic delivery and caused a delay in the delivery that led to permanent brain damage.
It was discovered that he had lost oxygen to his brain, and suffered a brain injury.
The couple was awarded the settlement for the long term care of their son. They hope that it will send a message to doctors what can happen if a c-section is delayed and don't want any other parents to go through what they have had to.The jury agreed with the large settlement and were very moved when showed a video of the little boy.

Continue reading "Couple Receives $58.6 Million For Son in Malpractice Case." »

A veteran filed a $30 million medical malpractice lawsuit charging that an improper colonoscopy at a hospital gave him life-threatening hepatitis C. More than 11,000 veterans received colonoscopies with improperly cleaned equipment in three separate hospitals.Of the veterans who had the procedure at the three facilities, five have tested positive for HIV, 25 for hepatitis C and eight for hepatitis B.The plaintiff, a 69,year old veteran says he got a colonoscopy at the hospital and two years later was told he has hepatitis C.As an experienced trial attorneyI have reviewed many cases of medical malpractice and have completed same with favorable results
The plaintiff's medical malpractice suit asks for $20 million for him and $10 million for his wife for loss of consortium. Court documents he filed in the case acknowledge the hospital breached a duty of reasonable care with the victims by using improperly cleaned equipment, but deny the equipment caused the health problems.
In another colonoscopy case settled out of court the plaintiff's lawyer says they tracked down his client's ex-girlfriend from 10 years earlier to see if she rather than the equipment might have been the source of his HIV.
The lawsuits were filed after an investigation revealed more than 11,000 colonoscopies were done at three hospitals using equipment that had been rinsed after each patient rather than being sterilized by steam and chemicals as called for by the manufacturer. Investigators who took apart water tubes on some of the equipment that was supposed to be clean and ready for use instead found discolored liquid and debris.
The subsequent report said the colonoscopies were done in an environment with inadequate training, lack of supervision and inadequate communication.
In the case settled out of court,a U.S. Army veteran sued for medical malpractice when he became HIV positive after a colonoscopy at the hospital.The victim had asked for $20 million.
Court papers filed argue that the chances that the veteran contracted hepatitis C from the equipment are no more than two in one trillion. Hepatitis C can't survive outside a human host for more than four days and substantially more than four days had passed between any previous patient with Hepatitis C who had a colonoscopy and the one performed on the victim.
The defendants downplays the seriousness of the illness, asserting that the victim more likely than not will be completely cured of this infection and the plaintiff's current disease state is minimal, and liver function is normal. Experts agree that the medications becoming available will cure plaintiff of all symptoms.The victim responds that he has fatigue, dry skin, insomnia, hot flashes. He has virus-like symptoms and he worries he may need a liver transplant or get cancer.
The case is based on the assertion that the plaintiff had a blood test prior to his colonoscopy with no sign of hepatitis C. He was notified two years after his colonoscopy at the hospital that he needed to come for testing because the endoscope used in the procedure may have been contaminated and month later he was told he was positive for hepatitis C.

Continue reading "Veteran Files $30 Million Medical Malpractice Case." »

A major electronic retail store agreed to settle a class-action lawsuit accusing the largest U.S. electronics retailer of job discrimination and agreeing to pay a total of $200,000 to the nine named plaintiffs and $10 million for legal fees and court costs.The lawsuit was filed in District Court in by eight current and former employees and one job applicant. The plaintiffs accused the retailer of infractions such as denying desirable job assignments and promotions and transfers to African-American, Latino and female employees.As an experienced trial attorneyI have reviewed many cases of workplace discrimination and have completed same with favorable results.

The retail company agreed to a four-year consent decree, during which it would implement comprehensive affirmative relief addressing the hiring, assignment, promotion and exempt compensation claims.The lawsuit also agreed to place someone in the position to oversee the implementation of processes designed to improve diversity in management and to post its non-discrimination, anti-harassment and anti-retaliation policies on an internal company website.The terms provide extensive relief that will advance the goal of equal employment opportunity for African Americans, Latinos, and women at the major electronic retailer.The case is a classic civil rights case to change company policies and practices and to improve the way a company operates.
The Judge is expected to consider preliminary approval of the accord court papers show.
The U.S. Supreme Court will rule whether a gender bias lawsuit against a major retailer may continue to proceed as a class action, on behalf of a group believed to exceed 1.5 million current and former female workers.The imminent major retailer gender bias ruling may have affected the timing of the settlement in this case.

Continue reading "Major Electronics Store Settles Class Action Lawsuit." »

A defendant has been ordered to pay $4.9 million to a former gas station attendant he struck with his Mercedes-Benz, The judgment in the civil lawsuit against the defendant includes $4.6 million for pain and suffering, medical expenses and loss of earnings.He also must pay $225,000 in punitive damages and nearly $71,000 in interest. As an experienced accident attorney I have successfully reviewed, settled and brought to successful judgment many cases involving vehicular accidents involving drunk drivers and their insurance companies.

This case grew out of an incident in which witnesses said the defendant was involved in at least one collision, drove the wrong way for miles down the highway and finally pulled into a gas station, where the defendant struck an employee. The attorney for the victim, said the defendant denied he had driven the car and claimed amnesia, remembering only that he was on a bench at the station after the incident. He also denied driving the car at any time despite witnesses who placed him in the vehicle. The defendant, who was 18 at the time, was arrested and charged with driving under the influence of alcohol or drugs. Defendant's blood-alcohol level registered .14% and he later pleaded no contest to the charge, authorities said.

Earlier that morning, authorities claim the defendant's companion had been driving the Mercedes-Benz and hit another vehicle. This wild night of reckless partying resulted in the victim's permanent disability, required him to undergo multiple surgeries and medical procedures and destroyed his family and his ability to provide for his family, The lawyer also said he was particularly troubled by the "unfair tactic" in which the defendant and his attorneys "refused to admit guilt for something he had already admitted to by pleading no contest in the earlier criminal DUI case."

Continue reading "Drunk Driver Ordered to Pay $4.9 million in Automobile Accident Crash." »

A settlement has been reached in a malpractice suit brought against a Dr.and Hospital by a woman whose left leg had to be amputated as a result of complications from spinal surgery performed at the hospital. The 63 year old plaintiff reached a $5.25 million settlement with the treating doctor and the hospital according to court documents. As an experienced trial attorney I have reviewed many cases of medical malpractice and have completed same with favorable results.The suit alleged that the doctor who performed an "anterior transabdominal approach to the lumbosacral spine" on the patient, and the hospital staff that took care of her in the intensive care unit after her surgery failed to properly provide care and treat the victim resulting in the loss of her left leg.

The victim's attorney stated that her client's injury was one of the most heinously injured clients that he had ever had and it was amazing that the victim had survived. The doctor who was the hospital's chief of surgery at the time, is now retired.His attorney,declined comment last week and said he could not comment on the settlement because of a confidentiality agreement. The victim's lawyer said that she went into the hospital to have an elective back surgery. The doctor who had experience in general surgery, performed the initial portion of the surgery that exposed the spine. That doctor is no longer affiliated with the hospital but at the time his job was to do the vascular surgery. He is not a vascular surgeon. He is a general surgeon.

According to the lawsuit during the patient's post-operative recovery in the intensive care unit; she suffered intra-abdominal hemorrhaging, post-operative bleeding, abdominal wounds, and other severe complications that the medical staff did not appropriately diagnose or treat, resulting in a gangrenous lower leg condition that required an above-the-knee amputation. The lawsuit alleged that the nursing staff did not properly supervise or monitor her care and, when complications arose, her physicians were not notified promptly so adequate medical interventions could be made.

The doctor was previously disciplined by the state Department of Public Health in relation to an accusation that, he had previously scheduled the repair of a hernia in a woman who had just undergone a Caesarean section but mistakenly performed a minor surgical operation on the wrong side,the lawyer argued in the suit. In that case,the doctor opted against a full hearing to contest the action and signed a consent order related to the facts in the case. He was required to pay a civil penalty of $5,000.

At the time of her planned back surgery, the lawyer said, she was unaware the doctor was to be involved in her surgery until just before the procedure was to take place. He said that denied her an opportunity to check on his credentials, which would have indicated prior medical malpractice complaints. As part of the lawsuit against the hospital, the victim's lawyer arranged for two independent medical personnel -- a 39-year health care administrator and a registered nurse certified in nursing administration -- to provide their findings.Their findings alleged the doctor's surgical procedure prompted complications he did not diagnose in a timely manner.

In addition, the experts deemed the intensive care nurses did not recognize the patient was facing a vascular emergency and failed to promptly notify the doctor of the patient's escalating complications.

Continue reading "Hospital and Doctor settle for $5.25 million in malpractice case" »

A County jury awarded $1.6 Million in damages to a 23-year old employee, as just compensation for an injury he suffered while at work. The victim suffered a devastating injury while working in a grain bin, sweeping out some corn, when he slipped and his right foot and lower right leg became caught by the drag chain of the conveyor system causing severe personal injury resulting in the loss of his leg. As a Maryland personal injury lawyerI have seen and investigated many on the job injury cases for my clients and have been able to recover monetary compensations for such victims.

The lawsuit alleged that the company that designed the conveyor system failed to provide guards to protect workers engaged in required grain removal inside the grain bin and failed to provide instructions and warnings adequate to protect workers. The lawsuit further alleged that the grain conveyor system was defective in its design and was in an unreasonably dangerous condition when it was sold to the plaintiff's employer.

According to the attorneys who represented the victim; "The defective unguarded drag chain conveyor was just 6 inches away from the large sump hole... an accident just waiting to happen." The defense argued that the employer was negligent in sending workers, including the Plaintiff, into the grain bin while a sweep auger and the grain conveyor were moving and energized. They maintained that the system designed by the defendant was not unsafe if used consistent with warnings on the grain bin door not to enter the bin while parts were moving.

The case was tried before a District Court Judge and after more than 7 hours of deliberation the jury disagreed with the defense, and returned a verdict in favor of the plaintiffs, awarding the plaintiff $1.6 Million to cover lost wages, lost earnings, medical expenses, and future medical care. The jury found defendant that designed the machine 46% at fault; the employer Co-Op 44% at fault; and plaintiff 10% at fault.

The jury's verdict is a just verdict in a horrible accident that occurred to a young man. It was the right result for a young man who had a horrible accident," said the attorney who went on to state, "And (as a manufacturer) you can't put functionality ahead of safety in the design of a product. You have to take into consideration that what may make it unique, may also make it dangerous." The award will be reduced to reflect the cap on compensatory damages.

Joseph Ostad, P.A. is a locally recognized law firm concentrating on representing injured parties in a wide array of complex litigation matters such as product liability, personal injury/wrongful death, defective products, unfair and deceptive business acts. To learn more, please visit http://www.ostadlaw.com or call my offices located in Rockville or Baltimore for a free initial and confidential consultation.

A victim of police brutality sued a state trooper in federal court, claiming she shocked him with her Taser during a traffic stop, while he was sitting in his car and asking to speak to his lawyer. The victim claims that the Highway Patrol Trooper pulled him over while he was driving. She checked his license and other paperwork and then asked him to take a breath test for alcohol because she smelled alcohol in the car. The plaintiff said he wanted to speak to his lawyer before taking any tests, according to the lawsuit. He claims that the trooper pulled out her Taser and threatened to deploy it if he did not get out of the car. As a Maryland personal injury lawyer we have seen and investigated many similar cases on behalf of injured victims.

When he asked her not to fire the Taser, the trooper pressed it against his arm and fired. After the victim recovered, he again said he wanted to speak to his lawyer, the suit claims. Without further commands or warning, the trooper deployed the Taser on his arm again, he claimed. The lawsuit states that the Trooper threatened to fire the Taser again and arrested the plaintiff when he refused to take a field sobriety test.

The lawsuit claims the Trooper used excessive force and violated the victim's constitutional rights. "We know that troopers do get sued from time to time," he said. The defendant remains employed as a state trooper at the present time the spokesman said.

Continue reading "Police sued for unlawful taser use." »

A man collided with a police officer's patrol car on an icy morning has settled his lawsuit against the city for $650,000.The victim, 51, was driving in the neighborhood when a police officer lost control of his car and struck the victim's pickup truck head-on. As a Maryland automobile accident lawyer we regularly represent victim's who have been seriously injured in such cases.

The officer was driving at the posted speed limit in the northbound lanes of the South bridge when his vehicle slipped on a patch of ice, according to the police report on the accident. The officer was not heading to an emergency call, authorities said.

The victim suffered injuries to his chest, neck, back and abdomen in the collision, according to the lawsuit. He has since returned to work at a bottle-making factory but still has headaches and other ailments, said his lawyer. In his lawsuit against the city, the victim sought more than $1 million in damages. The suit was settled late last month.

Senior Assistant City Attorney said in a court filing that the "City concedes it is liable for any damages or injuries" that the victim sustained in the crash. Chief of the Civil Division at the City Attorney's Office, said the settlement "avoids the risk of trial and fairly compensates the injured party." The police spokesman said he couldn't comment on whether the officer went through retraining as a result of the accident. He said the officer still works at the department.

The attorney said the victim worked "really hard" to recover from his injuries. "The money will go to pay for his past and future medical expenses, as well as his pain and suffering," the lawyer said. "I'm hoping that the city addresses, through training and policies, any actions that are important for the public safety," the attorney said. "My understanding is that in taking responsibility the city was looking into the actions of their officer in making sure this type of incident didn't happen again."

If you or a loved one is injured in an automobile accident call my office for an appointment at either my offices in Rockville or Baltimore to set up an appointment by calling 1-800 320-0080 for a free consultation today.

Continue reading "Man awarded $650,000.00 in car crash with police" »

A teen who emerged unhurt from a single-vehicle wreck only to suffer electrocution when he touched a downed power line has won a $4.4 million verdict against a Power Co. in a negligence suit. A jury awarded actual damages to the plaintiff. The lawyers said a key factor in winning the verdict was countering a corporate policy under which the power company claimed evidence from the scene wasn't subject to disclosure. Under the policy, "once they get notice that a non-employee is injured by line contact, that immediately triggers notice of anticipation of litigation, and they dispatch a claims person to the scene immediately so everything they do is under the umbrella of an attorney," said a lawyer who represented the victim. "That gives them the claim of protection from having to disclose information because it's in anticipation of litigation," she said. As a Maryland personal injury lawyer I regularly encounter cases against corporate negligence and their failure to upkeep their equipment.

Continue reading "$4.4 million verdict after power line stayed live after crash" »