Maryland Personal Injury Lawyer Blog

The first individual lawsuit filed by a hepatitis C infected patient at a Medical Center was filed in district court naming the hospital and anestesiologist. The patient underwent surgery and believes an operating rooom technician, an intravenous drug user with hep-c, left a dirty needle filled with saline in place of the narcotic intended for her.The patient alleges the hospital and anestesiologist failed to follow internal polices and controlled substance laws requiring that potent drugs be either locked up or closely monitored.
Her lawyer stated we have filed this suit on behalf of the patient because she is unable to undergo medical treatment for her chronic hepatitis C and has already developed liver damage. A class action suit against the hospital has also been filed and at least 18 other patients have been found to have the same genetic strand of hep-c as the operating room technician. The technician was sentenced to 30 years in prison.

If you or a loved one has been a victim of medical malpractice please call me for an initial free consultation at 800 320-0080 or for an appointmnet in Rockville or Baltimore offices.

A man paralyzed in a tubing accident sued a ski resort for 25 million dollars.His lawye said the man zipped headfirst down the tubing course through the rubber mats intended to slowhim down and crashed headfirst into a cement wall. The man is now paralyzed from the waist down.
According to the association 39 skiers and snowboarders suffered fatal injuries during the 2008-09 season in which 10 million people skied. But lawsuits for ski resorts are not unusual. This lawsuit argues that the resort was negligent in setting up and operating the snow tube runs and accuses the resort of "failure to design a barrier wall with sufficient safety protection". The lawyer further states that more advanced technology was available but wasnt in place and the existing barier had some pading but lacked sufficient give to save his client.
The lawsuit asks for 25 million in compensatory damages and $350,000 in punitive damages.The 55 year old victim will need a lifetime of care and medical bills and needs a full time aid also.

If you or a loved one has been a victim of negligence resulting in injury please call my office at 1 800 320-0080 for a free consultation.

St. Joseph Medical Center in Towson is facing lawsuits and two federal investigations related to its cardiac care division has just informed 169 more heart patients received costly and dangerous treatments that were not needed.
These additional cases bring the total to 538 patients notified by St. Joseph's that coronary stent implants they received at the hospital may have been unnecessary. Officials at the Hospital also said more questionable procedures may be uncovered while an internal review continues.
The St. Joseph's announcement is the latest debacle in an issue that has spawned a class action lawsuit, required the removal of a prominent physician and interested the U.S. Senate. It could also result in a multi-million dollar fine for the hospital per court records.
The hospital began investigating its heart catheterization procedures after several warnings last year from federal investigators and quickly focused on stents implanted by a leading cardiologist and senior physician, Dr. Mark Midei.
Stents, which are mesh tubes placed into damaged arteries to open them up are generally implanted in patients with at least a 70% blockage. But hospital officials in their review discovered stents implanted by Dr. Midei had insufficient blockage. And that the amount of blockage was overstated in the medical reports.
"Leaders of (St. Joseph) felt it was their ethical responsibility to notify these patients to allow them to determine if medical follow-up was appropriate." The hospital said in a statement. They reiterated that Midei (who is no longer at the hospital) is the only doctor under investigation.
In 2008 Midei was recruited to lead the cardiac catheterization department at St. Josephs from his former employer MidAtlantic Cardiovascular Associates of suburban Baltimore.
Last month the U.S. Senate Finance Committee requested St. Joseph to turn over all the records of its financial relationship with stent manufactures and how the $10,000 procedures were billed to federal and private insurers.
"In addition to putting the patients lives at risk unnecessary medical procedures amount to wasteful spending of precious federal health care dollars." Said the U.S. Senate in a letter to the hospital.
If you or a loved one is the victim of a medical mistake please call my office at 1 (800) 320-0080.

A six person jury found three cigarette companies responsible for the cancer death of a Florida woman. The woman had begun smoking in 1953 at the age of 15 and died in 1995.
The lawyer who was representing her three children stated , "She started smoking in an era when cigarette advertising was pervasive, on TV-- in its infancy - in print media and on radio."
The verdict follows a series of losses by the tobacco industry after a ruling by the State Supreme Court in a tobacco class action case. In the decision the high court decertified a statewide class of addicted smokers and permitted individual suits to go forward.
Jurors reached the verdict after less than a four hour deliberation.
The jury awarded the victims family $ 15 million in compensatory damages. Jurors assigned 35 % of the responsibility to the victim for her death; 15% to one cigarette company and 20% to the other one. Jurors also assessed $2.5 million in punitive damages each cigarette company.
In most of the post-Engle cases the compensatory portion of the award has been reduced by the plantiff percentage of responsibility as found by the jurors. The issue hasn't yet been resolved in this case.
The Supreme Court upheld many of the factual findings of the jury trial in the past case including finding that the cigarette companies conspired to conceal information about the addictiveness of smoking and that cigarettes are an unreasonably dangerous product. The Supreme Court further ruled that these findings would apply in all future individual trials. The cigarette companies believe this ruling denies them rights to a fair trial.
The tobacco companies Sr. Vice President and general counsel said " We believe this verdict should be reversed because the court's trial plan improperly eliminated any requirement that plantiff prove that the companies did anything wrong to recover damages."
A spokesman for the tobacco company said they were disappointed and plan to appeal.
If your family members or loved ones have been a victim of a wrongful death call my offices located in Baltimore and Rockville, Maryland at 1-800 -320-0080 or email me at jostad@verizon.net for a free consultation.

A lawsuit has been filed on behalf of two sons whose father killed their mother, alleging that the steroids and drugs prescribed to their father were a factor in the killing. The suit alleges that a family nurse practitioner at a local clinic, began prescribing medications to their father in April of 2007. In May, she increased the doses for the two powerful steroids that she previously prescribed without consulting the physician supervisor or any other medical doctor. In July, the nurse added a prescription for a psycho stimulant with similar risks associated to methamphetamine.

On December 20, 2007, their mother obtained a restraining order against their father. The next day, their father returned to the Clinic and was experiencing toxic side effects from the combination of his prescribed medications. On January 2, 2008, their mother signed a petition for temporary separation from her husband. On January 6, their father shot their mother 13 times in a church parking lot, in front of their two sons.

The father plead guilty to aggravated murder but stated that he would not have killed his wife if he had not been on the medications he was on. The lawsuit claims that the nurse was negligent in not consulting with a medical doctor in prescribing and increasing the dosages of the medications and for keeping the patient on the medications despite signs of toxicity. The lawsuit also names the supervising doctor and the clinic and seeks general, special and punitive damages.

If you or a loved one has been the victim of medical malpractice please call my office at 1 (800) 320-0080 for a free consultation.http://www.maryland-attorney.us/lawyer-attorney-1112627.html

In December 2004, a man was severely injured when the tire of his car got caught on a six-inch lip on the roadside and he lost control crashing into a guardrail that impaled the vehicle. The man was left with a amputated left leg and an almost severed left arm. He sued the county that was responsible for maintaining the road, and won a verdict of $31 million.

Days after the verdict, the county's insurer sued the county claiming that it should not have to pay because the county's attorney did not properly prepare for trial or adequately update the insurance company. The county claims that the case was handled properly and that the insurance company only voiced its concerns after the verdict. Meanwhile, the man continues to have pain from the accident and cannot receive the medical treatment he needs until the judgement is paid.

If you or a loved one has suffered an injury please call my offices at 1(800) 320-0080.http://www.maryland-attorney.us/lawyer-attorney-1112627.html

A paralyzed man won $19.2 million in a negligence claim against a local Medical Center. The patient was admitted to the hospital after complaining of severe back pain. The hospital did not conduct an MRI or CAT scan until two weeks after he was admitted. The patient was subsequently diagnosed with a spinal abscess, an infection on his spinal cord, that quickly led to permanent paralysis. This injury could have been easily avoided had the hospital taken the proper diagnostic test to determine the cause of the injury. This Hospital's failure to take the necessary actions led to this Patient's paralysis.

The suit claimed that there was not a particular physician or specialist that was directing his care contrary to the established hospital standards. After the diagnosis, a neurosurgeon tried to reverse some of the damage but it was too late. The patient has been paralyzed from the chest down and has been living in a nursing facility for five years because he was unable to get around independently in his own home. This patient requires life time care and monitoring which led to a successful verdict.

If you or a relative or a loved one has been injured as a result of other people's negligence please contact me at my offices in Rockville or Baltimore to discuss your case free of charge at (800) 320-0080.

A jury has found an aluminum bat maker liable for failure to provide adequate warnings as to the dangers of the bat used by a player during a game which resulted in another player's death. The company was ordered to pay $792,000 to deceased estate for the loss of earnings he would have made, and pain suffered before his death.

The 18-year-old boy was playing in a baseball game when another player hit a ball with an aluminum bat. The ball then hit the victim in his temple. He died four hours later. His parents argued that aluminum bats are more dangerous than wooden bats because they allow players to swing the bat harder and faster. The Plaintiff's attorney said that the average time needed by a pitcher to defend a batted ball is 400 milliseconds and the victim only had 378 milliseconds to respond. Witnesses to the incident testified that they were unable to see the ball between the time that it was struck by the batter until it hit victim.

Sports injuries and sometimes fatalities are the most horrible tragedies that any parent or family may have to go through as a result of a company/manufacturers' negligence. The injuries and their causality are very difficult to overcome and with the aid of the right expert knowledgable in these fields a positive outcome may be possible.

If you or a loved one has been subjected to these types of injuries please contact me at my Rockville or baltimore offices at (800) 320-0080 for a free consultation.

A Hospital is being sued by the parents of two children who were killed by their aunt. The suit claims that the psychiatric facility provided inadequate care to psychiatric patient who was diagnosed with bi-polar disorder, prescribed psychotropic drugs and released after 6 days. The plaintiffs claim that they were never told that patient might pose a risk to herself or others and never informed any officials or the people who come into contact with the patient.

In December 2008, unbeknownst to the parents of the two minor children the psychiatric paptient arrived at the home of the children around 8pm to pick up the two children, a 5 year-old and a 4-year-old, to spend the night at her home. They state that she was behaving normally when she arrived and took the children, however, earlier in the evening a State Police Trooper had almost detained her for a psychiatric evaluation when they found her acting erratically on the median strip of a highway, punching a motorist who had stopped to help her. The psychiatric patient told the tropper that she was having a debate between "good and evil." She calmed down and was released. After she picked up the children, she crossed the median of a highway, stopped her car going in the wrong direction, undressed herself and the two children, ran into traffic and was hit by a car which killed all three.

Psychiatric patient cases causing injuries require an indepth analysis and investigation of facts surrounding an injury and that condition must have been known to the person having the duty to inform others and as the result of such failure to warn the patient caused injury to others. Thes are extremely fact sensitive cases and appropriate fact witnesses and experts muust be employed to prosecute such cases.

If you or a person you know of has been injured or traumatized as a result of such injuries you can contact me at my Baltimore or Rockville, Maryland offices for a free consultation at (800) 320-0080.

The parents of two 18-year-old cousins are suing a hotel owner and employee for wrongful death after their daughters were killed in a fire. The suit alleges that a maintenance man, who worked and lived at the hotel even though his work visa was expired, left his room with incense burning for about 30 minutes. When he returned the room was on fire. The employee tried to extinguish the flames with a small fire extinguisher that didn't work and then went to look for another extinguisher. By the time he returned the fire was too big to extinguish. The girls were trapped in their room and died in the fire.

The parents allege that the employee and motel management failed to properly respond to the fire, failed to maintain fire extinguishers at the motel, failed to notify authorities of the fire fast enough and failed to warn guests. The suit also is against other defendants, whose identities were unknown to the plaintiff, including the motel's insurance company, any entity that did maintenance or repair work at the motel and the manufacturer and/or distributor of the fire extinguisher that failed to work.

These types of lawsuits require extensive research and investigation and require the assistance of many experts to determine the causes of the injury and negligence. We regularly employ experts and investigators to fully and appropriately evaluate cases that we take in our office before any action is taken to determine the best and most economically viable avenue to prosecute cases similar to this or yours. If you or a loved one has been injured by negligence of another call for a free consultation.

For all your legal needs or inquiries call my offices located in Baltimore and Rockville, Maryland at (800)320-0080 for an appointment and immdeiate answers.

A national retail store settled a lawsuit for $7 million for an injury resulting from a faulty automatic door. A senior citizen, was walking into the retail store in Illinois when the automatic door malfunctioned knocking her to the floor. When she fell, she hit her head and then was struck again by the door as it continued opening and closing. The victim argued that the retailer had failed to inspect and maintain the doors and didn't follow the safety guidelines provided by the manufacturer. They also argued that the door did not have any way to turn off the system's fail-safe system and wasn't designed to make and noise or alert employees that it was malfunctioning.

Due to the accident, the victim received brain injuries that resulted in cognitive defects and deficits. She was required to move into a nursing home due to her injuries. Prior to the accident, the victim had been caring for her 59-year-old daughter, who has special needs. Since the accident, she was unable to continue caring for her daughter.

If you or a loved one has been injured as a result of another persons negligence contact my office in Rockville or Baltimore for a free initial consultation and case evaluation.

A major Hospital settled a wrongful-death case with the family of a victim for $900,000. The case stemmed from the victim's death seven days after suffering a massive head injury due to a fall in the operating room as she was being prepared for transfer to her hospital bed. The fall caused a fractured skull and severe internal bleeding. The victim fell and broke her hip at home and was rushed to the emergency room. There it was determined that she would need surgery.
The next day, surgery was performed to repair her left hip. However, following the surgery, while the victim was still under anesthesia and had a breathing tube in her mouth, she fell as medical personnel were preparing to transfer her to her bed. A nurse had removed the belt on the surgical table in preparation to move her but did not announce that to others in the room. The family stated that they sued because they wanted to raise awareness about patient safety and to lead to changes in operating room procedures.

If you or a loved one are a victim of medical malpractice please contact my offices either in Rockville or Baltimore Md. at 1 800-320-0080 for a free consultation and case evaluation.

A City Council has agreed to pay $2.2 million to the family of a 14-year-old girl who was choked by playground equipment three years ago and suffered an irreversible brain injury and remains in a vegetative state. The victim was found unconscious hanging by the neck from a rope tied to a playground ride.

When a Police Department officer arrived, he concluded that the victim had no pulse and did not cut her down. He instructed first responders to not disturb her because it was a crime scene and he started to take pictures. It wasn't until six to eight minutes later that it was discovered that victim was still alive and she was treated. Her parents argued that the lack of oxygen during that time increased the severity of her brain injury. The City Council decided to settle due to the cost and uncertainty of litigation but did not admit any wrongdoing. Most of the award will go to a special needs trust set up for the victim's care, which is currently at a skilled nursing care facility.

The victim parents also received $7 million from the County Housing Authority who was in charge of maintaining the playground. the victim's doctors believe that she could live for another 16 years.

If you or a loved one has been injured due to negligence of another person or as a result of a defective condition call my offices at Rockville or Baltimore for a free initial consultation at 1-800-32-0080.

In 2007, a 17-year-old girl, was refused a liver transplant by her health insurance company. The transplant was denied because the health insurance company said that it was experimental and was not covered. After a storm of publicity, the health insurance company agreed to the transplant nine days later but it was too late and the 17-year-old girl died a few hours later. Ten months later, the deceased' mother went to the insurance company's headquarters and announced at the security desk in the lobby that "You guys killed my daughter. I want an apology." Instead of an apology, she got heckeled by insurance employees looking down into the atrium lobby from a balcony above and one of them gave her the "finger."

The child's parents parents filed a wrongful-death lawsuit against the insurance company's for their child's death due to insurance company's refusal to pay for the transplant. A Los Angeles judge threw out the complaint, saying that it was barred by a 1987 U.S. Supreme Court ruling that shields employer-paid healthcare plans from damages over their coverage decisions. Under the 1974 Employee Retirement Income Security Act, or ERISA, the only monetary damages that beneficiaries of workplace health plans can sue for is the cost of the treatment of service in dispute, not damages arising out of refusal of the treatment.

Recently, a U.S. District Court Judge ruled that the parents could pursue damages for any emotional distress caused by the incident at the insurance company's headquarters. The parent's of the child are hoping that by bringing the wrongful-death suit the legislature will see that ERISA needs to be revised and that insurance companies need to be liable for their treatment decisions.

If you or a loved one has been injured by delay in coverage by health insurance companies or have been injured by negligence of a third person call my Rockville or Baltimore offices for an initial case review and consultation at 1-800-320-0080.

A Florida jury awarded a family 4.3 million dollars in a medical malpractice suit against two doctors for failing to properly diagnose their child shortly after birth. According to the allegations the doctors failed to properly perform the necessary tests to diagnose the newly born infant with enterovirus causing her to suffer from lifelong disabilities.

Shortly after the infant was born in 1994, large bruises began to appear and her skin turned yellow. Her liver showed signs of scarring and a blood clot formed in her brain. Her parents were advised to make funeral arrangements. The doctors ignored the symptoms that pointed to enterovirus, which is normally a mild virus that can become deadly in infants. The doctors failed to take blood and liver tests that would have identified the virus. Although the infant survived, the blood clot left her with a learning disability, she has severe vision problems and permanent cirrhosis of the liver.

If you or a loved one has been injured and is a victim of a medical malpractice contact me at my offices in Rockville, Md or Baltimore, Md for a free initial consultation at 1-800-320-0080.