January 2011 Archives

January 14, 2011

Port reaches tentative deal in suit over police brutality lawsuit

The parents of a man who was fatally shot by Harbor Police after jumping off a chartered cruise ship two years ago has reached a tentative $2.5 million settlement in their wrongful-death lawsuit against a Pot Authority in California. The ship had been chartered for a gay pride weekend party, and the plaintiff was one of the event's hired dancers. He jumped into San Diego Bay about 11 p.m. on July 19 and was shot about 30 minutes later during an altercation with two officers sent to pull him from the water. Police said the victim fought with an officer on a rescue boat and tried to grab his gun. A second officer then shot him.
The parents' lawyer said the victim was not the aggressor, noting he was unarmed and shot in his back. The family filed a federal lawsuit in November 2008, claiming the Harbor Police violated their son's civil rights and used excessive force.
"We know it was not a situation where he needed to be shot and killed," said a Los Angeles attorney, citing forensic and physical evidence in the case. A Port spokesman stressed that the two officers, who were removed from the lawsuit, did not hold any personal biases against the victim or against gay people, referring to allegations the attorney had made. "They only went to save a life," he said. "That is what they were trying to do." The victim's parents hoped their lawsuit would prompt authorities to examine police training policies, the lawyer said. They want their son to be remembered as "an ambitious, caring, loving (and) creative individual," he said. About 800 people were onboard the 222-foot cruise ship Inspiration when the victim jumped into the bay.
If you or a family member has been subjected to police brutality call my office at 1-800-320-0080 for a free initial consultation or a meeting at my offices conveniently located in Baltimore or Rockville.

January 12, 2011

Substandard Care at Medical Facility Led to Deaths

Two doctors and a medical assistant have filed a workplace discrimination lawsuit against a Medical Center, claiming that more than one patient has died there as a result of "substandard care" and that they were ignored or embarrassed, and in one case, terminated, for speaking out. The County Executive said several outside and internal inspectors found "absolutely no evidence'' that the patients in question died because of negligence. But he acknowledged that the hospital's cardiology department is "dysfunctional" because of the many "personality conflicts" and "plethora of he-said, she-said arguments."

Lawsuit filed Friday in U.S. District Court offers a rare glimpse into the mostly private goings-on in the county-run hospital hallways. Seventy-four pages of allegations paint a one-sided picture of death, backbiting and sexism. The suit was brought by a medical administrative assistant in the cardiology department; a cardiologist; and a chief of cardiothoracic surgery. "This was a last resort,'' said the attorney "But the plaintiffs felt this was a moral imperative that they come forward. We have to tell the community what is going on here, that people are dying, and the administration will not change."

Named as defendants are a chief of cardiology; a chief medical officer; a medical director; and a cardiologist. Among other things, the suit alleges retaliation, discrimination, a hostile work environment, invasion of privacy, slander and intentional infliction of emotional distress.
One of the most serious allegations stems from the death of an unnamed patient in February 2009. The doctor said she advised the patient not to get a stress test on his heart because of his fragile health and history of family heart attacks. she said she recommended a "cardiac catheterization" instead. But other cardiologists ignored the patient's wishes and her advice, the lawsuit alleges, and gave the patient a stress test anyway. The patient suffered cardiac arrest and died.

Both doctors allege that they were retaliated against by being ignored, verbally abused and embarrassed in e-mails, among other things, as a result of filing complaints with the Joint Commission of Accreditation Health Organizational regarding what they felt was "substandard" patient care. This allegation does not surprise the D.A. who was well aware of this complaint, and many others that the three plaintiffs have filed with county, state and federal officials. He said the negligence allegations have been thoroughly investigated internally and by outside experts, and they found "absolutely no evidence of poor or detrimental care."

The third plaintiff states that in April 2008 he had wanted to perform surgery on a heart patient sooner rather than later, but "administrators denied him that possibility," and the patient died, the suit alleges.He said after he spoke out about this, he was slandered in public and that his contract wasn't renewed because of it. His last day of work will be in June, his lawyer said. The county executive insisted that none of the "three individuals" have been retaliated against, although he acknowledged that from their point of view, they probably would have liked to see more done on their behalf. Smith said the decision not to retain the Dr. was a cost-cutting move since the number of cardiac surgeries has been declining.

"This lawsuit is the last forum available to them," he said. "I'm not surprised, I'm disappointed." As with all lawsuits lawsuits and appearance in court is the last recourse for any litigant and you must make it count. If you or a loved one has been injured as a result of professional negligence or anothers conducts' ccontact my offices conveniently located in Rockville or Baltimore for a free initial consultation or call me at 1-800-320-0080.

January 6, 2011

Woman Sues over "Blackout" Drink

A woman seriously injured in a car crash is blaming the maker of an alcoholic energy drink, according to a lawsuit filed Friday. The woman, 20, was ejected from a car on State Road 417 in an August crash. The driver of the car, 20, who is also named a defendant in the suit, drank the energy drink before she struck another car while driving at a high rate of speed.

The suit, which comes days after the U.S. Food and Drug Administration issued a warning to the maker of the energy drink and three other drink makers, was filed against the company.The convenience store that sold the drinks, was also named as a defendant. "We filed this suit against the makers of this beverage because we believe this drink is dangerous," said the lawyer. "My client nearly died."

According to published reports, a man filed a lawsuit against the drink manufacturer because his son drank the energy drinks before committing suicide. The FDA on Wednesday warned the company and other caffeine-alcohol drink manufacturers that caffeine in the drinks was "an unsafe food additive" and further action against them was possible.

Experts have voiced concerns that the caffeine in a drink could mask some sensory cues that people rely on to determine how drunk they are. The FDA said drinking such beverages could lead to risky behavior and hazardous situations. On Thursday, Massachusetts became the fifth state in the nation to ban alcohol mixed energy drinks, known as "blackouts in a can."

The latest lawsuit claims the company was motivated by financial gain in mixing alcohol with stimulants "to create a physiological effect in its customers so they could drink more alcohol."

The drinks are popular among students looking for a quick buzz. Officials have warned the drinks encourage binge-drinking behavior. The energy drink in question which is premixed with the stimulants taurine, guarine and caffeine, are made to appeal to younger drinkers because "it tastes more like a soft drink than an alcoholic beverage," the lawsuit states.

In addition to Massachusetts, the product has been outlawed in Washington, Michigan, Utah and Oklahoma. Liquor distributors in Connecticut are voluntarily stopping shipments of the products.

"The presence of stimulants in an alcoholic beverage is a dangerous and potentially fatal combination," the suit states. "Because the consumer will engage in dangerous behavior such as driving because he or she will not feel intoxicated."

If you or a loved one has been injured to due a defective product or injured as a result of someone elses's intoxication call my offices in Baltimore or Rockville for an appointment or phone consultation at 1-800-320-0080 now.

January 3, 2011

Energy Co. Must Pay Injured Man $7.8 Million

A major energy co. has been hit with a $7.8 million jury verdict in a County Court of Common Pleas civil case involving two subcontractors who were injured when a metal stairway collapsed.

One of the injured men, 58, and his wife, were awarded $5 million, according to a press release sent out by the plaintiffs' attorneys today. The other man,51, and his wife, were awarded $2.8 million. Attorneys for the company could not immediately be reached for comment, and the company has the right to appeal.

The case stemmed from a 2007 accident at a company-owned building.Attorney representing the plaintiffs, said in an interview that the stairway was bolted to a wall with four bolts, and they did not hold when the two men stepped onto it.The plaintiff suffered a permanently frozen right shoulder that was not improved by rotators cuff surgery. The other plaintiff suffered a severely fractured left hip and leg.

The case hinged on whether the energy company had adequately inspected and maintained the staircase over the four decades prior to its collapse, he said. "The jury was insulted that the company failed to accept responsibility for their failure to inspect and maintain this stairwell," the attorney said said.

Premises liability cases are very fact sensetive and as such immediate investigation needs to be conducted to preserve evidence and the premises inspected to avoid spoilation of evidence. If you or a loved one has been injured to due negligence of a company through no fault of your own call my offices in Rockville or Baltimore for a free intial consultation at 1-800-320-0080.