November 2009 Archives

November 8, 2009

National Retailer settles for $7 million in door injury

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.

November 1, 2009

Hospital settles case from fall in operating room

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.


November 1, 2009

Family awarded $2.2 million for playground accident

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.

November 1, 2009

Judge Allows Lawsuit Against Insurance Company for Emotional Distress

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.

November 1, 2009

Misdiagnosis at Birth


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.