Maryland Personal Injury Lawyer Blog

A jury has awarded a $1.1 million verdict to a man who sued his landlord after falling down the stairs at his apartment.The victim and his family moved into the apartment after losing their home due to foreclosure. The plaintiff fell down the back stairs and subsequently developed symptoms consistent with lumbar strain and disk injury.As an experienced trial attorney I have reviewed many cases of slip and fall and have completed same with favorable results.The victim sued the property owner alleging that he failed to keep the stairs clear of slippery algae and did not install a handrail which is required by local code rules. The victim, who was employed as a houseman for a wealthy family, was unable to perform his job because of the pain and was forced to quit.
The plaintiff and the defendant who is a retired general contractor took the case to trial. After a 14-day trial the jury awarded the victim $1,070,801 for economic losses, including $850,000 for future lost earnings.If the defendant had only provided the minimum
protection of the building code required handrail which costs less than $100 and spent an hour of time fixing the stairway this lawsuit wouldn't have been necessary and the plaintiff would still be working in the job he held for 10 years, the jury concluded. The plaintiff subsequently moved back to his native Mexico to save money, but hopes to return back to the U.S. to work here again and desires to find another house in the same school district. The plaintiff is married with four children.If you or a loved one has been a victim of a slip and fall accident please call my office at 800 320-0080 or visit one of my conveniently located offices in either Rockville or Baltimore for a free initial consultation.

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 veteran filed a $30 million medical malpractice lawsuit charging that an improper colonoscopy at a hospital gave him life-threatening hepatitis C. More than 11,000 veterans received colonoscopies with improperly cleaned equipment in three separate hospitals.Of the veterans who had the procedure at the three facilities, five have tested positive for HIV, 25 for hepatitis C and eight for hepatitis B.The plaintiff, a 69,year old veteran says he got a colonoscopy at the hospital and two years later was told he has hepatitis C.As an experienced trial attorneyI have reviewed many cases of medical malpractice and have completed same with favorable results
The plaintiff's medical malpractice suit asks for $20 million for him and $10 million for his wife for loss of consortium. Court documents he filed in the case acknowledge the hospital breached a duty of reasonable care with the victims by using improperly cleaned equipment, but deny the equipment caused the health problems.
In another colonoscopy case settled out of court the plaintiff's lawyer says they tracked down his client's ex-girlfriend from 10 years earlier to see if she rather than the equipment might have been the source of his HIV.
The lawsuits were filed after an investigation revealed more than 11,000 colonoscopies were done at three hospitals using equipment that had been rinsed after each patient rather than being sterilized by steam and chemicals as called for by the manufacturer. Investigators who took apart water tubes on some of the equipment that was supposed to be clean and ready for use instead found discolored liquid and debris.
The subsequent report said the colonoscopies were done in an environment with inadequate training, lack of supervision and inadequate communication.
In the case settled out of court,a U.S. Army veteran sued for medical malpractice when he became HIV positive after a colonoscopy at the hospital.The victim had asked for $20 million.
Court papers filed argue that the chances that the veteran contracted hepatitis C from the equipment are no more than two in one trillion. Hepatitis C can't survive outside a human host for more than four days and substantially more than four days had passed between any previous patient with Hepatitis C who had a colonoscopy and the one performed on the victim.
The defendants downplays the seriousness of the illness, asserting that the victim more likely than not will be completely cured of this infection and the plaintiff's current disease state is minimal, and liver function is normal. Experts agree that the medications becoming available will cure plaintiff of all symptoms.The victim responds that he has fatigue, dry skin, insomnia, hot flashes. He has virus-like symptoms and he worries he may need a liver transplant or get cancer.
The case is based on the assertion that the plaintiff had a blood test prior to his colonoscopy with no sign of hepatitis C. He was notified two years after his colonoscopy at the hospital that he needed to come for testing because the endoscope used in the procedure may have been contaminated and month later he was told he was positive for hepatitis C.

Continue reading "Veteran Files $30 Million Medical Malpractice Case." »

A defendant has been ordered to pay $4.9 million to a former gas station attendant he struck with his Mercedes-Benz, The judgment in the civil lawsuit against the defendant includes $4.6 million for pain and suffering, medical expenses and loss of earnings.He also must pay $225,000 in punitive damages and nearly $71,000 in interest. As an experienced accident attorney I have successfully reviewed, settled and brought to successful judgment many cases involving vehicular accidents involving drunk drivers and their insurance companies.

This case grew out of an incident in which witnesses said the defendant was involved in at least one collision, drove the wrong way for miles down the highway and finally pulled into a gas station, where the defendant struck an employee. The attorney for the victim, said the defendant denied he had driven the car and claimed amnesia, remembering only that he was on a bench at the station after the incident. He also denied driving the car at any time despite witnesses who placed him in the vehicle. The defendant, who was 18 at the time, was arrested and charged with driving under the influence of alcohol or drugs. Defendant's blood-alcohol level registered .14% and he later pleaded no contest to the charge, authorities said.

Earlier that morning, authorities claim the defendant's companion had been driving the Mercedes-Benz and hit another vehicle. This wild night of reckless partying resulted in the victim's permanent disability, required him to undergo multiple surgeries and medical procedures and destroyed his family and his ability to provide for his family, The lawyer also said he was particularly troubled by the "unfair tactic" in which the defendant and his attorneys "refused to admit guilt for something he had already admitted to by pleading no contest in the earlier criminal DUI case."

Continue reading "Drunk Driver Ordered to Pay $4.9 million in Automobile Accident Crash." »

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 man collided with a police officer's patrol car on an icy morning has settled his lawsuit against the city for $650,000.The victim, 51, was driving in the neighborhood when a police officer lost control of his car and struck the victim's pickup truck head-on. As a Maryland automobile accident lawyer we regularly represent victim's who have been seriously injured in such cases.

The officer was driving at the posted speed limit in the northbound lanes of the South bridge when his vehicle slipped on a patch of ice, according to the police report on the accident. The officer was not heading to an emergency call, authorities said.

The victim suffered injuries to his chest, neck, back and abdomen in the collision, according to the lawsuit. He has since returned to work at a bottle-making factory but still has headaches and other ailments, said his lawyer. In his lawsuit against the city, the victim sought more than $1 million in damages. The suit was settled late last month.

Senior Assistant City Attorney said in a court filing that the "City concedes it is liable for any damages or injuries" that the victim sustained in the crash. Chief of the Civil Division at the City Attorney's Office, said the settlement "avoids the risk of trial and fairly compensates the injured party." The police spokesman said he couldn't comment on whether the officer went through retraining as a result of the accident. He said the officer still works at the department.

The attorney said the victim worked "really hard" to recover from his injuries. "The money will go to pay for his past and future medical expenses, as well as his pain and suffering," the lawyer said. "I'm hoping that the city addresses, through training and policies, any actions that are important for the public safety," the attorney said. "My understanding is that in taking responsibility the city was looking into the actions of their officer in making sure this type of incident didn't happen again."

If you or a loved one is injured in an automobile accident call my office for an appointment at either my offices in Rockville or Baltimore to set up an appointment by calling 1-800 320-0080 for a free consultation today.

Continue reading "Man awarded $650,000.00 in car crash with police" »

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" »

The plaintiff a waitress, was stopped in her Honda Civic, southbound, intending to turn left, when she was rear-ended by a Ford Taurus . The victim was pushed across the median into the northbound lane, when she was broadsided on the passenger's side by a van that was driving in the course and scope of his employment. As a Maryland auto accidnet lawyer I handle many types of accidnets similar to the facts of this case.

Prior to the collision, the driver had stolen the Ford Taurus from a private home in where the homeowner had left his car unlocked and running with the keys in the ignition. Following the crash, the driver fled the scene and was apprehended a few days later. He was charged with such charges as theft, reckless driving, driving under the influence (all of which he pled guilty to), and he was sentenced to a prison term, which he served. The plaintiff was extracted from the vehicle and taken to aMedical Center's trauma unit, where she was treated for fractures to her L2, L4 and L5 vertebrae, right clavicle, sternum and right femur, as well as a lacerated patellar tendon. She received a rod in her femur which resulted in differentiation in leg length that caused her to limp and rely upon a cane. In addition, Mee sustained impairment to her cognitive abilities, primarily compromise of her short-term memory. After her hospitalization she was transferred to a rehabilitation center where she underwent extensive physical and cognitive treatment. The plaintiff sought to recover an approximately $61,000 department of public welfare lien.

The victim sued the driver and, the van driver and corporate entity and another man (who the driver had picked up after stealing the vehicle), alleging negligence. Plaintiff and defendant settled prior to trial for his insurance policy limits of $100,000. During trial, the plaintiff settled confidentially with the vans corporation. The plaintiff then dismissed the drivers friend (who was not represented) at trial. The remaining defendant, did not attend the trial and did not file any responses; as a result, a directed verdict was entered against him on negligence, and the case was tried on the issue of causation and damages.

Continue reading "Crash involving stolen car settles " »

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" »

The School Board has settled a lawsuit stemming from a January 2009 school bus crash on a Parkway. According to Circuit Court records, the board reached a settlement with the mother of a then-16-year-old High School student who was on the bus at the time of the accident. The terms would not be discussed due to confidentiality matters.

Filed in December 2009,the complaint accused the bus driver of failure to maintain a proper lookout, failure to keep his vehicle under proper control and failure to keep a safe distance. She sought $100,000 from the bus driver and the School Board. The driver - who no longer works for the school division, according to court records - was later dropped as a defendant.

The attorney said at the time that medical bills related to the student's back and neck injuries totaled about $10,000. The case had been scheduled for a jury trial this week. A document filed in court earlier this month said that the School Board "intends to admit liability at trial." The "only remaining issue in this matter will be the amount of damages involved," which "would stem solely from injuries, if any, actually suffered by the minor."

As an attorney concentrating in injuries, I am committed to provide efficient and timely response to your needs. If you or a loved one has been injured as a result of somebody's negligence call my office at 1-800-320-0080 to make an appointment at one of my conveniently located offices in Rockville or Baltimore.

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.