February 2011 Archives

February 24, 2011

Wrongful death suit filed against major gas company for corporate negligence

A major Gas Co. could have prevented the death of a 20-year-old woman, one of eight people who died in the inferno from the gas pipeline explosion, according to a lawsuit filed by the woman's parents. The wrongful-death lawsuit seeks unspecified damages for negligence and "ultra-hazardous activity" by the gas company. The lawsuit points to "a long list of incidents and safety lapses," and criticizes the utility for its "sluggish" response to the incident.

"The gas company had knowledge of this pipeline's defective condition but put profits ahead of public safety," the attorney said in a statement. "No one should have lost loved ones or suffered injuries or damage to their homes." The lawsuit claims that the pipeline was over-pressurized at the time of the explosion and that the company failed to maintain or properly inspect the pipe or install automatic or remote shutoff valves.

On the night of the explosion,the victim was visiting her boyfriend to watch a football game when the 30-inch natural gas pipeline exploded at about 6:15 p.m. on Sept. 9 and flames rushed into the house. Terrified, she "ran for her life towards the back yard but was unable to escape the flames, according to the lawsuit.The boyfriend was severely burned while trying to rescue her. The victim's body was found the next day. The Gas company spokesman declined to comment directly on the lawsuit; except to say that "...,obviously, our hearts go out to the family and we respect their right to file a lawsuit and we will work with them to address their concerns." The victim's family is the latest of more than 50 families to sue the utility after the disaster, which injured at least 50 and destroyed 38 homes.

If you or a loved one has been injured as a result of a corporation's negligence call my office at 1-800-320-0080 for a free initial consultation appointment at one of my convenient locations in Baltimore or rockville.

February 14, 2011

Family of overdose victim awarded $10.1 million against a pill mill

Jurors awarded $10.1 million in damages to the family of an overdose victim hoping the multimillion dollar verdict strikes fear into other "pill mills" that have turned the city into a national hub for prescription drug abuse. "Our verdict shows how much our community is against these pill mills and wants things to change," said a juror after finding gross negligence led to the overdose death of the victim. Another juror agreed, saying the verdict issued in District Court should discourage others who might be improperly churning out the addictive drugs that killed the plaintiff.

The victim 54, died two days after his only visit to a Medi Clinic where he received a prescription for three potent drugs: hydrocodone, xanax and soma. He had sought help there for chronic pain he suffered from a motorcycle injury and a fall at a petrochemical plant. The clinic's director had prescribed this same drug combo -- known as the "holy trinity" -- at least 3,800 times between 2006 and 2007 at more than 17 pain area clinics that he then oversaw, records showed. But his prescription-writing came to an abrupt halt when he was forced to surrender his license to the Medical Board just three days after the victim died.

The Dr. who repeatedly pleaded the Fifth Amendment against self-incrimination during the four-day trial, was found grossly negligent and slapped with the stiffest penalty: $9.05 million. The 72-year-old physician chose not to be present for the reading of the verdict, and his attorney declined comment. The family's attorney commented on the Dr.s absence: "I don't think he has any remorse or compassion. The other two defendants expressed their sympathy about my client's death, but he took the Fifth even on that."

He believes other pill mills will take notice, especially "if their only motive is profit and we can take that away." Another defendant was also found grossly negligent and ordered to pay about $745,000 in damages. She was an equal owner of the cash-only clinic along with her husband and a chiropractor. The chiropractor settled out of court for an undisclosed amount before the trial started. The plaintiffs say they were unaware of the other Dr.s involvement until after the statute of limitations had run out.

The third defendant a recruiter who placed the doctor at the clinic, was ordered to pay the least, $85,000, because one of the 12 jurors did not believe his involvement met the test for punitive damages. The victim's 88-year-old mother who was a plaintiff along with her son's three children, was speechless after the verdict. Then her eyes teared and she said, "Maybe some of those pill clinics will shut down. Let's hope," The victim's sister ,referring to more than 1,200 pill deaths recorded in the last two years, says "the jury has given a lot of hope to other families of those who are dying all over the place from this."

If you, a friend or a family member has been subjected to such gross negligence by a pill mill contact my office for a free initial consultation at 1-800-320-0080 or make an appointmnet at one of my convenient locations offices in Rockville or Baltimore.


February 12, 2011

U.S. Government to Pay $2.3 Million in Malpractice Case

The federal government will pay $2.3 million to settle a medical malpractice lawsuit involving a child born with neurological damage at Portsmouth Naval Medical Center. U.S. District Judge approved the settlement between the Justice Department and a family in Virginia Beach, according to a court filing made public. The plaintiffs sued the United States early last year, seeking $15 million in damages. The couple alleged that inadequate care at a Naval Medical Center caused their child to be born with developmental disabilities. The government denied any malpractice and admited no wrongdoing in the settlement.

In 2006,the plaintiff checked into the hospital with severe cramping in her lower abdomen. She was 35 weeks pregnant, according to the lawsuit. She was moved to a triage room and connected to a fetal heart monitor, which showed abnormalities indicating the fetus was under stress, the suit says. Instead of notifying a doctor, the papers say, the staff left the patient for more than an hour without any intervention.

About 2-1/2 hours after she was admitted, doctors performed an emergency cesarean section. The doctors determined that the placenta had detached from the uterine wall, causing a loss of oxygen to the fetus, the suit says. The baby girl was born pale and limp, with respiratory failure and a slow heart rate, the suit says. She was intubated and later transferred to Children's Hospital. The girl's "neurological injuries are extensive, severe and permanent," the suit says. "She is severely delayed in all areas of development." The damage, including cerebral palsy, will be lifelong.

The case was set for trial Dec but the parties had been working on a settlement for at least two months, the court records show. A spokesman for the U.S. attorney's office, which defended the suit, declined to comment. Attorneys for the plaintiffs did not return phone messages. The judge's settlement order states that the plaintiff's attorneys will receive about $675,000 in fees and expenses, $54,000 will go toward medical bills, and the remaining $1.57 million will go into a trust set up to care for the child.

If you or a loved one has been wronged by a medical mistake call my offices for an initial free consultation at 1-800-320-0080 located in Baltimore or Rockville for immediate consultation.

February 7, 2011

Jury orders drug company to pay $170 million in Medicaid fraud case.

In what state officials describe as a record-setting verdict, a jury found that a global drug manufacturer misrepresented prices to the state's Medicaid program and said the company should pay the state and federal government $170.3 million. The verdict concluded a nearly three-week trial in state district court, where lawyers for the attorney general's office argued that the drug company artificially inflated the costs of medications to obtain more money. Medicaid reimbursed pharmacies at higher rates because of the falsely reported prices, officials said.

The trial reportedly was the first of its kind in the state; similar cases in recent years have settled out of court. The attorney said in a statement that the case makes clear his office will hold accountable those who defraud the Medicaid program, a joint federal and state effort to provide health coverage to needy Americans. "Considering the hundreds of millions of dollars that are at stake, we will continue to vigilantly pursue providers that falsely report prices to defraud the taxpayers," he said.

Drug company officials said in a statement that they are disappointed by the verdict and are exploring legal and appeal options. "We remain, as always, committed to offering high-quality, lower-cost alternatives for health consumers, including the millions of Americans who participate in the Medicaid program," said the company's vice president and chief legal officer.

The verdict stemmed from a sealed whistle-blower lawsuit -- filed in 2000 by a pharmacy, that accused a number of drug-makers of reporting inflated drug prices to the Medicaid program. They joined the lawsuit in 2000 and reached settlements with 11 companies, settling for more than $139 million. In 2008, the state increased pressure on the drug companies and three other drug-makers -- and began to discuss settlements or possible trials.

If you suspect fraud that may affect your right call me at 1-800-320-0080 or call for an appointment at my offices located in Rockville or Baltimore for an initial free consultation.

February 3, 2011

Paralyzed musician gets $6.2 million in diving accident

A County jury has awarded $6.2 million to a former musician who, after drinking at a private party, was paralyzed when he dove into an under filled apartment complex pool in 2005. Jurors determined that the man, was 49 percent responsible for his injuries and the owner of the Apartments was 51 percent liable for failing to close a dangerous pool or warn swimmers that water levels had fallen about 1 1/2 feet.

The division of liability means the plaintiff, left a quadriplegic with limited use of his arms, would receive 51 percent of the $12.4 million in damages if the judgment stands. Jurors returned the verdict Monday night after two days of deliberations and a nine-day trial. "We never, ever contested responsibility for him," said his lawyer. "He admitted he made a mistake -- a momentary, thoughtless mistake."

But swimmers also should be able to expect that an open pool is safe to use and the managers of the apartment complex failed to close the pool even though employees noticed that water levels had dropped and even though state and city laws require under filled public pools to be closed.

In addition, testimony showed that the Management company -- which owned the apartment complex when the plaintiff was injured but sold it in October -- did not have appropriate safety procedures in place,the attorney said. The plaintiff was a guitarist, singer and songwriter for a now-defunct band who had moved with band mates two years before the accident. A videotape, shot by a friend and played for jurors, showed a group roughhousing around the pool at 2 a.m. before the plaintiff, then 23, dove into an area that should have been 4 to 41/2 feet deep but instead was 21/2 to 3 feet deep.

Defendant arguedthe plaintiff was solely responsible for his injury because the pool's depth was obvious, signs prohibited diving at the pool and his judgment was impaired by alcohol. Blood tests after the accident showed his blood alcohol level was 0.09, he said. The legal limit to drive in the state is 0.08. The plaintiff's attorney argued that the apartment complex, marketed to college-age residents, condoned pool parties where alcohol was consumed, yet neglected to plan for associated risks.

But the apartment complex attorneys noted that jurors, answering a separate question, also found the plaintiff to be 51 percent responsible for negligence in causing his injury. "If a plaintiff is more responsible for causing the accident, the plaintiff receives nothing," he said. "So we believe there is a conflicting jury finding that we will appeal." He also will ask District Judge to dismiss or reduce the award before he enters a final judgment, which typically takes about a month. Since the accident,the plaintiff has been living in New York, where Medicaid benefits are more generous, but hopes the jury award will let him return to his home.

If you or a loved one has been injured at a playground or at a swimming pool please call me at 1-800-320-08080 for a free consultation or make an appointment at one of my offices located in Baltimore or Rockville.