April 2011 Archives

April 14, 2011

Deaths of Nine Patients Tied to Hospital's Intravenous Supplements

State and federal health officials are investigating the deaths of nine patients at six hospitals who were all given an intravenous nutritional supplement that investigators have found was contaminated by bacteria. Ten other patients who received the supplement also were sickened by the bacteria, called Serratia marcescens, which is most commonly found in water, including some tap water, and sometimes in bathrooms. It can be introduced into the bloodstream via contaminated fluid administered through a catheter. As a Maryland personal injury lawyer I have handled hospital negligence cases along with other attorneys to conclusion.

A medical officer with the Centers for Disease Control and Prevention, said the investigation into the outbreak at six Alabama hospitals would not conclude for at least a week. But he said similar investigations in the past typically determined that contamination occurred during the mixing of intravenous supplements. "Historically, what we've seen is a breakdown in the manufacturing process," he said.

The state health officer, emphasized that it remained unclear whether the deaths were due to the bacteria or to underlying serious illnesses. "I cannot ascribe those nine deaths to the Serratia marcescens," he said. "These were patients who were getting treatment, so they were by definition ill." State officials have identified the source of the supplement, which is known as Total Parenteral Nutrition, or T.P.N., at a local pharmacy in, a compounding pharmacy that makes medications that do not come premixed.

State officials said the pharmacy has stopped distributing the supplement and was no longer open. They said it was unlikely the company would reopen, adding that it had made the decision to close on its own. The state health department said that about 35 percent of the patients who received T.P.N.sustained infections. The first two occurrences were in January and February, she said. The affected patients ranged in age from 38 to 94. Eleven were women and eight were men. He said there was little chance that other patients would become infected, although he said officials were making sure the supplement had been entirely removed from all health facilities. "Right now it looks like we have a contained and closed problem," he said.

The supplement is typically administered to patients whose gastrointestinal systems are not working properly, including those undergoing chemotherapy or recovering from major surgery. The mix is delivered to hospitals in containers presumed to be sterile and has a limited shelf life. The state health department had been notified about Serratia marcescens infections by two area hospitals,The state then sought assistance from the Centers for Disease Control, which was able to track the outbreak to the pharmacy. Soon after, the pharmacy notified customers about the contamination, and it voluntarily recalled the product.

A statement issued by Health System, which operates 2 of the hospitals said six of the nine deaths had occurred at those medical centers. A total of seven patients were infected at one hospital, four of whom died, and five were sickened at another, two of whom died. "Because quality patient care is our top priority, this event is deeply disturbing to all of us," the group's chief medical officer, said in the statement. She added, "We don't know, and may never know, if the Serratia marcescens bloodstream infection played a role in the deaths of these patients."

The health system also said it had ended its relationship with the pharmacy, and noted that "as a precaution, we have removed all other products from the supplier." A spokeswoman for the parent company of a local hospital, which had one infection-associated death, said in a statement that the pharmacy was "universally believed and considered to be a reputable and trustworthy entity." A spokeswoman for another hospital said the hospital discovered that three patients had been infected with the bacteria, and treated them with antibiotics. One of those patients died. "I can say it was a critically ill patient," she said.

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April 6, 2011

Accident Victim's Lawsuit Against Bar Owner Settled

A lawsuit against a Lake bar stemming from a drunken boating accident that killed two people and injured two others has been settled before trial.As a Maryland personal injury lawyer I have handled many cases against drunk drivers who have caused serious injuries to others. Lawyers representing the bar, and three of the victims agreed to the settlement Tuesday, the day that jury selection in the case had been scheduled to begin in state Superior Court.

Because of a confidentiality agreement, the amount of the settlement was not disclosed. But the state law under which the lawsuit was filed, limits damage awards to $250,000 to be divided among all parties. The victim who was killed, and another, who was critically injured, were passengers in the speedboat operated by a speedboat that collided with a bass boat shortly after they left the lake side bar.

The boat driver who state Department of Environmental Protection police said had a blood-alcohol level of .19, more than twice the legal limit, was also killed in the crash. The suit claimed employees of the bar continued to serve the victim alcohol even though he was clearly intoxicated. "I can't talk about the numbers, but I believe all the parties were satisfied that the matter has been settled," said the attorney, who represents the victim. Citing the confidentiality agreement,the lawyer who represented the victim's estate, declined to comment other than to confirm the case had been resolved.

Attorneys for the bar couldn't be reached and neither could the permit-tee at the bar. The restaurant is closed for the season and two telephone numbers listed for him weren't in service. Although the victims' estates were on the same side during the case, they are opposing parties in a much larger and more complex lawsuit pending at state Superior Court. In that case, the estates are suing more than 70 other defendants, including the Lake Authority, members of the Lake Patrol, the New York bass fishing club that sponsored the fishing tournament in which the victim was a participant when the collision occurred and the municipalities bordering the lake.


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April 6, 2011

Pedestrian's Death Results in $3 Million Jury Award

A Circuit Court civil jury awarded $3.3 million to relatives of a woman killed by a motorist as she walked on a stretch of road that did not have a sidewalk or guard rails.The jury found the state liable in the wrongful death lawsuit, and voted to award $2.5 million to the victim's daughter, who was struck and killed by a motorist. Her daughter was two at the time of the accident. The victim was walking on the road when a car veered onto the shoulder and struck her and a friend. As a Maryland pedestrian accident attorney I have followed and represented individuals in pedestrian accident cases similar to this case.

The friend died at the scene. The victim, who was five months pregnant, died at a hospital. So did her unborn child. That section of road, also known as Route 4. is maintained by the state. The attorney who represented the victim's family in the lawsuit, told jurors that the accident was preventable. On the block that the victim's were walking, there is a sidewalk at both ends of the street -- but also a gap of about 200 feet where there is no sidewalk or guard rails. The two victims were struck as they walked in that section.

The attorney told jurors that state officials should have provided a sidewalk, guard rails, or a combination to improve safety for pedestrians.In addition to the award for the victim's daughter, the jury also awarded $800,000 to her mother. The assistant attorney general who defended the state in the civil trial, declined to comment on the verdict.

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April 1, 2011

Motorcycle accident victim and family is awarded $2.8 Million

The young daughter of a 23-year-old man killed while riding his motorcycle has been awarded a $1 million verdict for damages. The jury award was part of $2.8 million in total damages granted to the survivors of the victim, who died when a car struck his motorcycle.The family's attorney, expressed some degree of satisfaction, even though no amount of money will bring the victim back.

"I am very satisfied that the jury awarded this child double what we had asked for," he said. According to court records,the victim who worked as a manager for a large retailer was riding his motorcycle. A car collided with him resulting in his death. The negligence claim was based on the fact that the driver of the car failed to yield the right of way while driving a Ford Mustang, the plaintiff's lawyer said.

The suit sought damages for pain, suffering and mental anguish.After the issue of liability was determined by Circuit court, the jury assessed how much damages should be paid to the victim's survivors. In addition to $1 million awarded to the victim's 5-year-old daughter, his parents will each receive $500,000 under the verdict. Another $798,000 was awarded for economic damages, including $4,200 for funeral expenses, Sweat said.

The award was high, but not near the highest granted. The record verdict reached was in 2007 when $110 million was awarded against a man for sexual abuse. The victim moved to the area in 2005 from Georgia. He enjoyed skateboarding, the outdoors and was a member of a Christian Church, his family said.

If you or your friend has been a victim of a motorcycle or bicycle accident call me at 1-800-320-0080 to set up an appointment at one of my conveniently located offices in Rockville or Baltimore or hospital visit.