Articles Posted in health insurance claims

Approximately 200 people die every year from carbon monoxide poisoning, and still thousands of others will develop severe symptoms that require emergency medical attention. Carbon monoxide poisoning is the most common cause of accidental poisoning-related deaths and due to this fact it is often called “the silent killer.”Those most vulnerable to carbon dioxide poisoning are unborn babies, infants, children and pregnant women.

What can cause carbon monoxide poisoning? Carbon monoxide is a poisonous, yet colorless, tasteless and odorless gas that is produced from the incomplete burning of fuels that contain carbon, such as wood, charcoal, gasoline, coal, natural gas or kerosene. Breathing in carbon monoxide fumes decreases the blood’s ability to carry oxygen to our heart and cells. Low levels of oxygen can lead to cell death, including cells in the vital organs such as the brain and heart.It is imperative to have a functioning CO detector in your home to warn you of a poisonous gas leak.If you feel you have been affected by carbon dioxide it is urgent to get medical treatment at once.
Continue Reading

The plaintiff says the jury award of $1.9 million was unfortunately bittersweet because he’s unable to do what he loved best, working as a Mason cop. After five hours of deliberations the jury found that the defendant was negligent and responsible for the injuries that causes the victim severe pain while he walks and he sometimes must rely on a cane for stability.The plaintiff was directing traffic after Mass at a Church on when the defendant sped out of the parking lot and struck him with her car. She then fled the scene.

The defendant’s Baltimore accident attorney, claimed the plaintiff was not hit by a car but instead had backed into his client’s car and only suffered minor contusions. The plaintiff’s Rockville injury attorney reminded the jury about a statement the defendant had written five days after the accident which she wrote that she hit him with her car and he flew up in the air and was knocked to the pavement.He also reminded the jury that several doctors testified about the victim’s injuries and the fact he will never be able to be a law enforcement officer and is only physically capable to work in one percent of available job categories in this economy.The plaintiff said the money will allow he and his wife to stop worrying about bills, but his life will never be the same. He said he doesn’t drive through the town anymore and doesn’t watch television police shows and all he does is go to rehab and counseling because the mental side is very difficult for him.
It was bittersweet, he said of the verdict. Financially we’re going to be taken care of, it was much more than I thought we would get. But for me it doesn’t change my life, I can’t do 95 percent of what I used to do, that includes working as a police officer. No amount of money is going to give me back that part, which was the most important part of my life.
Continue Reading

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.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 $4.2 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 $10,765, past household services that she would have provided of $26,453, future financial support that she would have contributed to the family of $378,288, future losses of gifts or benefits that the plaintiff would have expected to receive from hiss wife of $97,986, future household services that she would have provided of $480,676, funeral and burial expenses of $2,600, 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

A local woman catastrophically injured in a car accident on the highway has won a $4.6 million settlement from the state and the estate of the other driver.Chief among the damages for the plaintiff is a $3.65 million payment from the highway administration which the plaintiff sued for maintaining a dangerous roadway.The settlement comes at the start of the construction of the road interchange that could have prevented the accident that killed her passenger and left the plaintiff in a wheelchair for years.As an experienced attorney I have reviewed many cases of car accidents and have completed same with favorable results
The other driver had survived the crash but has since died of natural causes.On the day of the accident the plaintiff was driving when another car suddenly pulled in front of her as she tried to turn left to enter the highway.The collision broke most of the plaintiff’s bones from her feet to her pelvis. She also sustained a massive brain injury, was bedridden for six months and then in a wheelchair, requiring round-the-clock care.Only after a lengthy hospitalization and multiple surgeries the plaintiff is now able to walk with a cane or walker and is only able to drive short distances.A highway official has called the crash an example of the kind of accident we’re trying to avoid with the busy interchange.The project will go before the state Transportation Commission for final allocation of funds. Construction will begin soon and is expected to be complete in 5 years.The plaintiff sued the state and county alleging they were aware of the dangers of the busy intersection and did not move to remedy a disaster in the making.According to the Highway Patrol, the intersection is one of the most deadly in the county. Vehicles turning left must cross two lanes of downhill traffic to enter a merge lane, then accelerate into the fast lane of the 60 mph highway. Three years ago the highway administration closed a left-turn lane from southbound routes to ease some of the cross-traffic confusion. To avoid long lines waiting to turn left, cars were turning right and quickly darting across two lanes of traffic to get into the left-turn lane and then making an illegal U-turn into the northbound lanes.Within two years there were over 200 accidents at the intersection. The lawyer was prepared to present evidence at trial that the state was aware of the dangerous crossroad as far back as 1974 after 14 accidents and four deaths occurred at the site over a two year period with the transportation agencies then proposing closing the left-turn lane.But almost 40 years later, the left turn has still has not been closed. The project now is expected to cost more than $70 million to be paid with state and federal funding.The trial was to have started last week but the county which was sued because it controls the road had already settled for $195,000.The highway administration settled a few weeks before trial and the defendant’s estate settled for $625,000 also.If you have been a victim of an auto accident please call me at 800 320-0080 or visit my offices in Rockville or Baltimore today.

Maryland residents who had epidural spinal injections at 3 Harford County and Baltimore County hospitals and surgery centers may be at risk of developing a rare and possibly deadly fungal meningitis, and a warning has been posted from the Maryland Department of Health and Mental Hygiene.Two Maryland patients have already come down with the disease, and unfortunately one has died. The outbreak is part of a multi-state investigation of a meningitis outbreak. The Maryland Health Department has identified seven facilities that were administering Solumedrol (methylprednisolone acetate) from one specific manufacturer between July 30 and Sept. 28.They include seven local health care providers: Box Hill Surgery Center in Abingdon,Maryland, Harford County Ambulatory Surgery Center in Edgewood,Maryland, SurgCenter of Bel Air, Maryland,Greenspring Surgery Center of Baltimore,Maryland ,Pain Specialists of Towson, Maryland and Zion Ambulatory Center of Baltimore Maryland.As an experienced attorney I have reviewed many cases of Medical Malpractice and have completed same with favorable results.

The manufacturer of the infected medicine,New England Compounding Center of Framingham Mass. has voluntarily recalled the product.Baltimore Surgery Center spent the past few days desperately trying to provide information to patients who could be subject to developing symptoms of meningitis. The Doctor at the center said the disease is so rare that she has been in practice over 11 years and has yet to see a case of meningitis.The centers have had many patient calls and they are trying to address their concerns.They need to be diligent in checking their symptoms and come to an ER immediately if need be..Two cases have so far been identified in the state of Maryland, oand one patient has died.Maryland State health officials believe that possibly hundreds of patients might have received the infected injections at at least seven facilities, the majority of them in Baltimore. The state has ordered the facilities to remove the product and are required to notify patients that were potentially exposed from July 30 to Sept. 28.The meningitis outbreak was first identified when several patients in Tennessee developed stroke like or meningitis symptoms within a month of getting an epidural spinal injection combined with a steroid.Aspergillus meningitis was identified in only one of the patients, but no specific organism has yet been identified in the other .Meningitis can cause complications that include brain damage, seizures and hearing loss and can be fatal as well, depending on the type of meningitis.Symptoms can include high fever, severe headache,intense neck stiffness, extreme light sensitivity and nausea and vomiting. Stroke symptoms can include double vision, slurred speech, weakness on one or both sides of the body, and difficulty walking.If you or a loved one has been the victim of a Medical Malpractice contact me today or visit my offices in Rockville or Baltimore,

The plaintiff is a 61 year old woman who was able to walk to an ambulance but left the hospital paralyzed a week later has resolved her lawsuit against three doctors for medical malpractice.The plaintiff was scheduled to go to trial a second time, but resolved her lawsuit during mediation against a radiologist,a neurologist and an internist.The records show the medical malpractice lawsuit was resolved and the Judge signed a dismissal involving two of the doctors.The attorney called it a confidential resolution, not a settlement, but will not specify the amounts the two other doctors or their insurers will pay.The victim is greatly relieved that the claim has been resolved, and will use the money to pay for the nursing home where she has become accustomed. Her husband died while she was pending the appeal and she has decided that the nursing home is the best place for her medically and emotionally.As an experienced trial attorney I have reviewed many cases of medical malpractice and have completed same with favorable results.

The plaintiff is suing the hospital and several doctors citing medical negligence after a spinal epidural abscess was not quickly diagnosed and led to her partial paralysis.The plaintiff was a retired licensed practical nurse who hadn’t worked for over 12 years due to a work injury that caused her leg pain, reflex problems and numbness.She lived at home and was cared for by her husband a Vietnam veteran. Just weeks before the trial her husband died from complications from Agent Orange and the plaintiff was moved to the nursing home.If she had won a large jury amount, she would have temporarily lost her Medicare benefits and would have had to pay the full price of her medical bills until her money ran out. The estimate for her lifetime care is $4.7 million.This award brings to an end a case that ended in a defense verdict 3 years ago when a jury found in the doctors’ favor.The Hospital had settled shortly before trial.The attorneys thought that the plaintiff, who was wheeled into the courtroom on a gurney and was only able to wiggle two toes for jurors, would have prompted a verdict in her favor.After the verdict, the defense attorneys sent a letter regarding possible misconduct.The settlement couldn’t be brought up at trial and the judge repeatedly warned jurors not to read the newspaper, Internet stories or watch TV news.But it was discovered one juror did anyway and learned from a Daily News story about the settlement.It was discovered that the bailiff was contacted by a juror who reported that another juror told two jurors he’d read articles about the case and had done his own research and knew one of the defendants had settled.The three jurors involved in the conversation testified at a hearing which prompted the Judge to throw out the verdict and grant the plaintiff a new trial.The testimony showed the plaintiff who suffered from diabetes and bipolar disorder, called 911 complaining of shortness of breath and excruciating back pain.She walked out of her home into an ambulance, but later said in court that the doctors, who weren’t even hospital employees, didn’t consider her condition an emergency. Testimony showed she deteriorated for six days while at times screaming in pain, until a week later when she was unable to walk. The plaintiff’s lawsuit alleged she suffered from progressive neurological deterioration after she was admitted. Six days later, she was transported to another Hospital for an MRI where they found a large epidural abscess on her spine.A neurological consult was immediately requested and another doctor performed emergency decompressive surgery which helped her regain some arm motion and feeling in two toes.But by then it was too late, the plaintiff who was an amateur artist who loved to paint, had suffered severe, permanent neurological dysfunction. She was released from the hospital one month later to the nursing home and suffers from quadriparesis which means she has some limited motion.
Continue Reading

The Plaintiff, a 62-year-old man who had to have more than two feet of his colon removed due to perforations in his colon he acquired during a routine colonoscopy; received a $2 million verdict against two doctors who treated him. As an experienced Maryland trial lawyer I have reviewed many cases of Baltimore medical malpractice and have completed same with favorable results..The jury deliberated for over two days before finding that the doctor who performed the colonoscopy on the plaintiff, was 60 percent negligent for his perforated colon and resulting surgeries. They also found the second doctor 40 percent negligent for further perforating the plaintiff’s colon during follow-up procedures to fix subsequent complications due to the initial tear.

The pretrial memorandum filed stated that the the doctor dramatically overinflated the plaintiff’s colon during the initial colonoscopy. When the plaintiff complained to the doctor of severe pain the following day,the doctor directed him to go to the emergency room where a CT scan was performed and showed no free air, which meant there was no perforation.The hospital appropriately treated the plaintiff with antibiotics for an obstruction and monitored him. But a CT scan performed a few days later showed a perforation and the plaintiff required emergency surgery.The doctor that performed the initial colonoscopy argued that a possible perforation was a known complication of the procedure and noted in the informed consent the patient signed.

The attorney argued that the plaintiff’s colon was overinflated to a level beyond the standard of care and the jury agreed.The jurors ruled the doctor overinflated the colon and was beyond what people thought was reasonable.The plaintiff’s problems persisted even after the emergency surgery which brought other doctors into the mix and ultimately into the case.
Continue Reading

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

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

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.”