Maryland Personal Injury Lawyer Blog

A man was awarded $400,000 in damages after his 5 year old disabled daughter drowned at a children's center while taking part in an after school program.The child was found submerged in a mineral pool where she was taking part in hydrotherapy, at a Crippled Children's Center in Desert. The child, who was autistic and legally blind, died the next day from her injuries.Her father filed a wrongful death suit against Crippled Children's Foundation, the School District, the Cerebral Palsy Organization as well as three people who had worked with his daughter. As an experienced trial attorney I have reviewed many cases of wrongful death and have completed same with favorable results. The jury voted to award $40,000 in damages for past loss of companionship and $360,000 for future loss of companionship.
The little girl, who was diagnosed with low-functioning autism, was in a special education kindergarten class in a local Elementary school at the time of her death, which police investigators deemed accidental. Her father's lawsuit claimed that three people affiliated with the program knew his daughter was autistic and blind, yet they did not give her a life vest before she went into the pool.While unsupervised and without a lifesaving vest the victim drowned the suit claimed.
The program was subsequently shut down by the state Department of Social Services.
If a loved one has been the victim of wrongful death please call me now at 800-320-0080 or visit me at one of my conveniently located offices in Rockville or Baltimore.

A jury awarded $1.5 million to a man who was shocked by low-hanging power lines.
The victim, 52, sued a major electric company after he was shocked while working for a paving company. As an experienced trial attorney I have reviewed many cases of workplace accidents and have completed same with favorable results.
He was paving a portion of a Highway when the vehicle he was operating struck the lines and sent 7,600 volts of electricity through his right arm. Doctors contend that more than twice the amount of electricity that's used for the electric chair went in to his right hand and out of his right elbow.

The victim can only perform limited tasks with his right arm and is in constant pain.He also wears a sleeve to reduce swelling and is no longer able to contract his hand. Two doctors testified at the trial that the plaintiff will suffer from pain for the rest of his life.
The jury returned the verdict after studying the plaintiff's medical bills and determining that he can no longer work.

Continue reading "Plaintiff Receives $1.5 Million in Power Line Accident." »

A settlement has been reached in a malpractice suit brought against a Dr.and Hospital by a woman whose left leg had to be amputated as a result of complications from spinal surgery performed at the hospital. The 63 year old plaintiff reached a $5.25 million settlement with the treating doctor and the hospital according to court documents. As an experienced trial attorney I have reviewed many cases of medical malpractice and have completed same with favorable results.The suit alleged that the doctor who performed an "anterior transabdominal approach to the lumbosacral spine" on the patient, and the hospital staff that took care of her in the intensive care unit after her surgery failed to properly provide care and treat the victim resulting in the loss of her left leg.

The victim's attorney stated that her client's injury was one of the most heinously injured clients that he had ever had and it was amazing that the victim had survived. The doctor who was the hospital's chief of surgery at the time, is now retired.His attorney,declined comment last week and said he could not comment on the settlement because of a confidentiality agreement. The victim's lawyer said that she went into the hospital to have an elective back surgery. The doctor who had experience in general surgery, performed the initial portion of the surgery that exposed the spine. That doctor is no longer affiliated with the hospital but at the time his job was to do the vascular surgery. He is not a vascular surgeon. He is a general surgeon.

According to the lawsuit during the patient's post-operative recovery in the intensive care unit; she suffered intra-abdominal hemorrhaging, post-operative bleeding, abdominal wounds, and other severe complications that the medical staff did not appropriately diagnose or treat, resulting in a gangrenous lower leg condition that required an above-the-knee amputation. The lawsuit alleged that the nursing staff did not properly supervise or monitor her care and, when complications arose, her physicians were not notified promptly so adequate medical interventions could be made.

The doctor was previously disciplined by the state Department of Public Health in relation to an accusation that, he had previously scheduled the repair of a hernia in a woman who had just undergone a Caesarean section but mistakenly performed a minor surgical operation on the wrong side,the lawyer argued in the suit. In that case,the doctor opted against a full hearing to contest the action and signed a consent order related to the facts in the case. He was required to pay a civil penalty of $5,000.

At the time of her planned back surgery, the lawyer said, she was unaware the doctor was to be involved in her surgery until just before the procedure was to take place. He said that denied her an opportunity to check on his credentials, which would have indicated prior medical malpractice complaints. As part of the lawsuit against the hospital, the victim's lawyer arranged for two independent medical personnel -- a 39-year health care administrator and a registered nurse certified in nursing administration -- to provide their findings.Their findings alleged the doctor's surgical procedure prompted complications he did not diagnose in a timely manner.

In addition, the experts deemed the intensive care nurses did not recognize the patient was facing a vascular emergency and failed to promptly notify the doctor of the patient's escalating complications.

Continue reading "Hospital and Doctor settle for $5.25 million in malpractice case" »

A County jury awarded $1.6 Million in damages to a 23-year old employee, as just compensation for an injury he suffered while at work. The victim suffered a devastating injury while working in a grain bin, sweeping out some corn, when he slipped and his right foot and lower right leg became caught by the drag chain of the conveyor system causing severe personal injury resulting in the loss of his leg. As a Maryland personal injury lawyerI have seen and investigated many on the job injury cases for my clients and have been able to recover monetary compensations for such victims.

The lawsuit alleged that the company that designed the conveyor system failed to provide guards to protect workers engaged in required grain removal inside the grain bin and failed to provide instructions and warnings adequate to protect workers. The lawsuit further alleged that the grain conveyor system was defective in its design and was in an unreasonably dangerous condition when it was sold to the plaintiff's employer.

According to the attorneys who represented the victim; "The defective unguarded drag chain conveyor was just 6 inches away from the large sump hole... an accident just waiting to happen." The defense argued that the employer was negligent in sending workers, including the Plaintiff, into the grain bin while a sweep auger and the grain conveyor were moving and energized. They maintained that the system designed by the defendant was not unsafe if used consistent with warnings on the grain bin door not to enter the bin while parts were moving.

The case was tried before a District Court Judge and after more than 7 hours of deliberation the jury disagreed with the defense, and returned a verdict in favor of the plaintiffs, awarding the plaintiff $1.6 Million to cover lost wages, lost earnings, medical expenses, and future medical care. The jury found defendant that designed the machine 46% at fault; the employer Co-Op 44% at fault; and plaintiff 10% at fault.

The jury's verdict is a just verdict in a horrible accident that occurred to a young man. It was the right result for a young man who had a horrible accident," said the attorney who went on to state, "And (as a manufacturer) you can't put functionality ahead of safety in the design of a product. You have to take into consideration that what may make it unique, may also make it dangerous." The award will be reduced to reflect the cap on compensatory damages.

Joseph Ostad, P.A. is a locally recognized law firm concentrating on representing injured parties in a wide array of complex litigation matters such as product liability, personal injury/wrongful death, defective products, unfair and deceptive business acts. To learn more, please visit http://www.ostadlaw.com or call my offices located in Rockville or Baltimore for a free initial and confidential consultation.

A victim of police brutality sued a state trooper in federal court, claiming she shocked him with her Taser during a traffic stop, while he was sitting in his car and asking to speak to his lawyer. The victim claims that the Highway Patrol Trooper pulled him over while he was driving. She checked his license and other paperwork and then asked him to take a breath test for alcohol because she smelled alcohol in the car. The plaintiff said he wanted to speak to his lawyer before taking any tests, according to the lawsuit. He claims that the trooper pulled out her Taser and threatened to deploy it if he did not get out of the car. As a Maryland personal injury lawyer we have seen and investigated many similar cases on behalf of injured victims.

When he asked her not to fire the Taser, the trooper pressed it against his arm and fired. After the victim recovered, he again said he wanted to speak to his lawyer, the suit claims. Without further commands or warning, the trooper deployed the Taser on his arm again, he claimed. The lawsuit states that the Trooper threatened to fire the Taser again and arrested the plaintiff when he refused to take a field sobriety test.

The lawsuit claims the Trooper used excessive force and violated the victim's constitutional rights. "We know that troopers do get sued from time to time," he said. The defendant remains employed as a state trooper at the present time the spokesman said.

Continue reading "Police sued for unlawful taser use." »

A teen who emerged unhurt from a single-vehicle wreck only to suffer electrocution when he touched a downed power line has won a $4.4 million verdict against a Power Co. in a negligence suit. A jury awarded actual damages to the plaintiff. The lawyers said a key factor in winning the verdict was countering a corporate policy under which the power company claimed evidence from the scene wasn't subject to disclosure. Under the policy, "once they get notice that a non-employee is injured by line contact, that immediately triggers notice of anticipation of litigation, and they dispatch a claims person to the scene immediately so everything they do is under the umbrella of an attorney," said a lawyer who represented the victim. "That gives them the claim of protection from having to disclose information because it's in anticipation of litigation," she said. As a Maryland personal injury lawyer I regularly encounter cases against corporate negligence and their failure to upkeep their equipment.

Continue reading "$4.4 million verdict after power line stayed live after crash" »

A Supreme Court jury has awarded a couple $5.5 million dollars against a Hospital for serious pelvic injuries suffered eight years ago during the course of labor and delivery of a 10 pound baby. "This verdict clearly sends the message that hospitals are responsible for the safety of their patients. Those who have suffered an injury caused by hospitals, doctors or nursing homes should not be afraid to ask an attorney to evaluate their claims". As a Maryland medical malpractice attorney we review and evaluate these cases in detail and hire experts when needed to determine if a cause of action against responsible people could be filed

Continue reading "Jury award $5.5 million in medical malpractice case" »

The daughter of a 49-year-old immigrant detainee who died after an infection overwhelmed his body has filed a federal civil lawsuit accusing officials at House of Correction and its privately run infirmary of gross negligence leading to his death. The claim seeks unspecified damages in the death of shuttle driver who was in jail fighting deportation to the Dominican Republic. As a Maryland lawyer I review these types of cases for potential liability of the correctional facilities and state actors in pursuing claims on behalf of familys aggrieved by such misconduct.

In the lawsuit,his daughter accuses jail and infirmary officials of reckless neglect, saying her father "died from a heart attack caused by a massive infection that the defendants failed to properly treat.'' The lawsuit, which alleges civil rights violations and medical malpractice, cites a federal report last year that said jail officials waited too long to take the victim to the hospital, allowing the infection to spread. His death triggered protests from advocates for immigrants and others concerned about detainees' care.

Continue reading "Jail negligent in immigrant's death" »

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.

Continue reading "Deaths of Nine Patients Tied to Hospital's Intravenous Supplements" »

Parents saw life seeping out of their toddler's body during five hours of waiting in a hospital's emergency room and begged for help, alleges a lawsuit. Medical care came too late," the suit says. The girl lost parts of her four limbs from a bacterial infection.

The lawsuit filed in Superior Court charges a hospital and various emergency room workers with medical malpractice and negligence in delaying treatment for a toddler, who later was flown to Children's Hospital for lifesaving care. Streptococcus A had invaded her blood and organs; as a result she suffered amputations of both feet, her left hand and part of her right hand. She is in intensive rehabilitation therapy. "There is nothing we can do to bring back her amputated hands and feet," said the family's lawyer. "However, we hope that her lawsuit will convince emergency rooms to do a better job treating our seriously ill children and make health care in our city safer for all of us."

The parents took their daughter to the emergency room with a persistent fever, skin discoloration and weakness. As they waited five hours, the girl grew visibly sicker, says the lawsuit. The parents repeatedly asked and begged defendants to treat their daughter. Defendants chose not to do so," until the father forced his way into the medical department and demanded help, the suit says. The hospital "chose to negligently staff, operate and supervise the emergency room," resulting in disaster for the little girl the suit concludes.

"A hospital is never allowed to needlessly endanger patients," the attorney said. Doctors at Children's Hospital said the toddler's sickness may have been the result of a quirk of genetics. They said they are uncertain whether a quicker response would have saved her limbs. Hospital president and CEO said in a statement: "At our Hospital, patient care and safety is our priority. We were sorry to hear about the eventual outcome for the child and our thoughts and prayers are with her and her family. We are unable to comment on matters of pending litigation."

Continue reading "Lawsuit Alleges Emergency Room/Hospital Negligence in treating Toddler's Infection" »

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.

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.

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.

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.

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.