Maryland Personal Injury Lawyer Blog

The Plaintiff's wife, 46, a certified medical assistant, underwent a Whipple procedure, which is a well known procedure to remove the head of the pancreas when there is suspicion of pancreatic cancer. The procedure was performed at the Hospital by a surgeon and another doctor.The plaintiff alleged a major vein was torn and repaired during the whipple procedure and she was then taken in for a second surgery because of resulting complications. She subsequently died that evening and it was later discovered that she did not have pancreatic cancer.Her husband then sued both doctors and the hospital for medical malpractice - misdiagnosis and wrongful death.

The plaintiff contended that the surgery was a complex operation best undertaken by a surgeon who has done it numerous times in a hospital that does at least seven Whipple procedures per year.As an experienced trial attorney I have reviewed many cases of a Rockville medical malpractice and have completed same with favorable results. He claimed the procedure was done at this particular hospital only a few times a year. The plaintiff noted that a facility that performs the procedure less than seven times a year is considered a low-volume center, and that the doctor had performed the surgery only three times in his career before his wife's surgery.

The plaintiff disputed the decision to blindly try to dissect the portal vein from the posterior of the pancreas with a right angle clamp. He claimed this resulted in a major tear of the vein, and the vein is responsible for taking blood from the gut to the liver and flows at a rate of one liter per minute. Consequently, the plaintiff contended that it was negligent to use a clamp in an area without direct observation of the vein and the failure to do so resulted in a major bleed and ultimately the complications that led to his wife's death.
The plaintiff also argued that while the defendants had reasonable suspicion that his wife had pancreatic cancer and that surgery performed was not incorrect, she should have been referred to a major facility to undergo the surgery.The plaintiff also contended that the assisting doctor did not correctly voice concerns during the procedure, though the decision-making was the chief doctor's. The defense noted that while ultimately it was discovered that there was no metastasis, there were pre-cancerous cells in the pancreas which would have progressed to cancer without intervention.The defense contended that the surgical technique followed by the surgeons was within the appropriate standard of care. The defense argued that the injury which occurred was a recognized complication of the procedure, and the plaintiff's expert conceded it was a recognized complication.
The defense asserted that 42 percent of Whipple surgeries continue to be done in community hospital settings and that both defendant physicians were board-certified general surgeons who had performed Whipple surgeries successfully in the past. The defense contended that referral to a high-volume center would not have reduced the risk of a recognized complication.Plaintiff's counsel also noted that the defense contended that is impossible to always see the back of the pancreas and a surgeon needs to rely on his experience and tactile sense.The patient died following the Whipple procedure. She was 48.The plaintiff sought recovery for wrongful death and emotional distress damages for the loss of his wife.The jury found the lead doctor 80 percent negligent and that his negligence was a substantial factor in causing damage. It found the assisting doctor also negligent and apportioned 20 percent to him, but the jury found that his involvement was not a substantial factor in the patient's death.The jury awarded the plaintiff $4.4 million in damages broken down into the past financial support that his wife would have contributed to the family of $45,040, past losses of gifts or benefits that the plaintiff would have expected to receive from his wife of $10,391, past household services that she would have provided of $26,828, future financial support that she would have contributed to the family of $324,288, future losses of gifts or benefits that the plaintiff would have expected to receive from hiss wife of $97,286, future household services that she would have provided of $480,676, funeral and burial expenses of $1,600, the loss of her love, companionship, comfort, care, assistance, protection, affection, society and moral support and the enjoyment of sexual relations of $500,000 and the loss of Kath Hansen's love, companionship, comfort, care, assistance, protection, affection, society and moral support and the enjoyment of sexual relations from the date of the verdict forward of $3 million.

Continue reading "Man Awarded $4.4 million After Death Of Wife Due to Medical Malpractice." »

The heirs of a 52-year-old man killed last year in a car crash have settled a civil lawsuit against a driver accused of running a stop sign. The driver was driving a truck when he ran a stop sign and struck a pickup driven by the victim who was headed north and preparing to turn left, according to charging documents. He later died from his injuries. As a Maryland car accident attorney I am frequently retained in pursuing these challenging cases.

Third District Judge this month approved a motion to settle the case filed by the decedent's sister, who is the court-appointed guardian of the victim's adult son. Under the settlement, the heirs will accept the policy limits offered by insurance companies. The undisclosed amount is to cover attorneys and accountants fees, hospital and medical bills, taxes owed and funeral expenses. Any remaining money is to go to the victim's heirs, 60 percent to the adult son, and 40 percent to his disability trust.

The victim is legally blind, suffers from epilepsy, microcephaly and pervasive developmental disorder, court documents state. The driver was charged with negligent homicide in the crash. Later that year, he entered a guilty plea in abeyance. Under the plea, the class A misdemeanor negligent homicide count will be reduced to a lesser class B misdemeanor after 36 months, as long as he follows court conditions that include completing 540 hours of community service. His license was also suspended for two years.

If you or a family member has been victimized by such tragic events call my offices at 1-800-320-0080 in Rockville or Baltimore, Maryland for an initial free consultation.

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" »

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.

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.

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.

The mother of a teen who was shot and killed by police on a Red Line train early Saturday alleged in a lawsuit Tuesday that her son was wounded multiple times at close range even though he posed no threat. The lawsuit contended that the victim, 19, was on a train at the Garfield station when uniformed officers boarded the train, pinned his arms behind his back and handcuffed him. The suit, filed by his mother against the city and Police Department, alleged that the officers then shot her son "with utter indifference and conscious disregard."
Police said the victim began to fight with the two officers and pointed a gun at them, prompting them to shoot. Police spokesman said a gun was recovered at the scene.
A spokeswoman with the Law Department declined comment Tuesday. The victim's attorney, said witnesses said the victim wasn't pointing or brandishing a gun. "He had his back to the police and police had one handcuff or both handcuffs on him," the attorney said.
If you or a loved one has been subjected to police misconduct and/or personal injury do not hesitate to contact me at my offices located in Baltimore or Rockville, Maryland at 800-320--0080. Call Now.

St. Joseph Medical Center in Towson is facing lawsuits and two federal investigations related to its cardiac care division has just informed 169 more heart patients received costly and dangerous treatments that were not needed.
These additional cases bring the total to 538 patients notified by St. Joseph's that coronary stent implants they received at the hospital may have been unnecessary. Officials at the Hospital also said more questionable procedures may be uncovered while an internal review continues.
The St. Joseph's announcement is the latest debacle in an issue that has spawned a class action lawsuit, required the removal of a prominent physician and interested the U.S. Senate. It could also result in a multi-million dollar fine for the hospital per court records.
The hospital began investigating its heart catheterization procedures after several warnings last year from federal investigators and quickly focused on stents implanted by a leading cardiologist and senior physician, Dr. Mark Midei.
Stents, which are mesh tubes placed into damaged arteries to open them up are generally implanted in patients with at least a 70% blockage. But hospital officials in their review discovered stents implanted by Dr. Midei had insufficient blockage. And that the amount of blockage was overstated in the medical reports.
"Leaders of (St. Joseph) felt it was their ethical responsibility to notify these patients to allow them to determine if medical follow-up was appropriate." The hospital said in a statement. They reiterated that Midei (who is no longer at the hospital) is the only doctor under investigation.
In 2008 Midei was recruited to lead the cardiac catheterization department at St. Josephs from his former employer MidAtlantic Cardiovascular Associates of suburban Baltimore.
Last month the U.S. Senate Finance Committee requested St. Joseph to turn over all the records of its financial relationship with stent manufactures and how the $10,000 procedures were billed to federal and private insurers.
"In addition to putting the patients lives at risk unnecessary medical procedures amount to wasteful spending of precious federal health care dollars." Said the U.S. Senate in a letter to the hospital.
If you or a loved one is the victim of a medical mistake please call my office at 1 (800) 320-0080.

A six person jury found three cigarette companies responsible for the cancer death of a Florida woman. The woman had begun smoking in 1953 at the age of 15 and died in 1995.
The lawyer who was representing her three children stated , "She started smoking in an era when cigarette advertising was pervasive, on TV-- in its infancy - in print media and on radio."
The verdict follows a series of losses by the tobacco industry after a ruling by the State Supreme Court in a tobacco class action case. In the decision the high court decertified a statewide class of addicted smokers and permitted individual suits to go forward.
Jurors reached the verdict after less than a four hour deliberation.
The jury awarded the victims family $ 15 million in compensatory damages. Jurors assigned 35 % of the responsibility to the victim for her death; 15% to one cigarette company and 20% to the other one. Jurors also assessed $2.5 million in punitive damages each cigarette company.
In most of the post-Engle cases the compensatory portion of the award has been reduced by the plantiff percentage of responsibility as found by the jurors. The issue hasn't yet been resolved in this case.
The Supreme Court upheld many of the factual findings of the jury trial in the past case including finding that the cigarette companies conspired to conceal information about the addictiveness of smoking and that cigarettes are an unreasonably dangerous product. The Supreme Court further ruled that these findings would apply in all future individual trials. The cigarette companies believe this ruling denies them rights to a fair trial.
The tobacco companies Sr. Vice President and general counsel said " We believe this verdict should be reversed because the court's trial plan improperly eliminated any requirement that plantiff prove that the companies did anything wrong to recover damages."
A spokesman for the tobacco company said they were disappointed and plan to appeal.
If your family members or loved ones have been a victim of a wrongful death call my offices located in Baltimore and Rockville, Maryland at 1-800 -320-0080 or email me at jostad@verizon.net for a free consultation.