Articles Posted in insurance claims/lawsuit

A jury awarded $3 million to the widow of a man who died over 3 years ago after numerous hospitalizations for severe gallbladder pain and infection.After about two hours of deliberation the jury reached a verdict against the doctor and the hospital in the wrongful death of 55 year old victim.The trial, held before the honorable Judge, lasted 17 days the judge remarked that he appreciated the jury doing their civic duty.No decision has been reached on whether the hospital will appeal, but they are certainly looking at their post-trial options the lawyers said.The attorneys that represented the victim’s widow in the suit claim that the doctor and hospital negligently delayed gallbladder surgery which resulted in the death of the victim.

According to court documents the victim was admitted to the Medical Center with severe gallbladder pain and released the next day even though all of the ER doctors involved in the victim’s treatment and care determined on the very first day of this admission that his gallbladder needed to be removed.However, the surgeon in charge made the decision to wait on removing his gallbladder at that time.The victim was discharged from the hospital and went home for a day before being readmitted for a week. He then returned to the hospital’s emergency room, again complaining of severe gallbladder pain, and remained there until his death 2 weeks later .During the 3 week period of being repeatedly admitted and discharged from the hospital, the surgeon continued to insist on delaying surgery to remove the victim’s gallbladder for various unjustified reasons which ultimately resulted in his death.While the surgeon contended that the victim died of cardiac arrest or other causes the autopsy report and death certificate show that the victim died of a pus-filled gallbladder from severe inflammation and infection.The original complaint named about a dozen physicians and medical practices, but the verdict was against only the surgeon and hospital.The victim’s wife was pleased with the verdict and hopes this will send a message to other families to be an advocate for their families medical care before it’s too late.
Continue Reading

The local state troopers found the victim comatose and face down in the street after a horrific multi- car crash on the Interstate that they believed was her fault. But at last her vindication is complete.She finally has settled the last of her claims, which total over $10 million.The victim a 47 year old woman cannot walk and can barely speak since the accident. She can only communicate with a pencil and paper and said she needs to use the money she was awarded to pay for her long term medical needs and to build a handicap-accessible house she shares with her two teenaged children.This is a stellar example of how our legal system can work (with the help of an experienced attorney) to help victims receive justice and help those in need.

On a sunny day in May the plaintiff left work at a Medical Center to attend her children’s preschool graduation.They were just little children then,and neither of them can remember me walking or talking, the victim said. She was driving a loaner car because her car was in the shop for service.According to the Highway Patrol report,the victim crashed into a semi-trailer truck after she improperly changed lanes shortly after pulling onto the interstate. Her car then crashed into another truck then back into the first one. She was ejected through the rear side window after the driver’s seat collapsed and her safety belt failed.She still had glass stuck in her hair when the police officers found her. The crash closed I-95’s northbound lanes for 3 hours during the afternoon rush hour. She was unable to dispute the police accident report because she was comatose and has subsequently never regained any memory of the crash.Her attorney’s experience told him the accident didn’t happen the way the police report said it did.Initially he went after the 2 trucking companies, which quickly settled even though they believed the plaintiff was was at fault.But while working those cases there was a breakthrough when they found a one-paragraph statement in investigators’ field notes from an armored-car driver which was never cited in the police report. His statement indicated he cut off the victim causing her car to swerve and crash into the trucks.He deserves credit for coming back to the scene and giving a truthful statement. The armored car company was the last party to settle after a jury found it acted in bad faith by not paying the victim’s claim.The victim also settled with the makers of the car because of design flaws that contributed to the accident and her injuries.The victim and her family will use the settlement for her lifetime care.
Continue Reading

A jury awarded $25 million to a woman who lost her left leg after a City Transit bus ran over her while it was sharply turning a corner just two blocks from her apartment.The woman who had to have her leg amputated and has since worn a prosthetic leg, cried loudly when the verdict was read. She then thanked the jury who had sat through the nearly 10 week trial in Supreme Court.She feels vindicated her husband said because the transit authority called her a liar.
The injury that she sustained is a lifelong injury and whenever she looks down she’ll forever be reminded. The lawyer for the Metropolitan Transportation Authority made a motion to the judge immediately following the verdict arguing that the award was excessive. But the Judge let the verdict stand.The transit agency plans to appeal the verdict claiming that this is just a jury verdict and the appellate courts won’t sustain a verdict of this magnitude. The jury found the plaintiff negligent for not looking when she crossed the street but the jury also found that the City Transit and the bus driver had been negligent, and that their combined negligence was 100 percent responsible for the victim’s injury. A spokesman for the transit agency shared that the case was being appealed.Recently juries have awarded 3 other plaintiffs in personal injury cases against City Transit for a total of more than $15 million with the transit agency appealing all of them.In the case involving the plaintiff the main issue was whether she had been inside or outside the crosswalk when she was hit. The transit agency believes that she had walked into the path of the bus, and the wheel at over 40,000 pounds,crushed the plaintiff’s lower left leg, from above the ankle to below the knee,with no damage to the foot. The plaintiff’s leg was subsequently amputated at the hospital and 2 weeks later, doctors had to perform another operation to amputate her leg to the groin due to infection. She has been unable to work since then because of her severe injuries.In another case against the city transit a man was awarded $3 million after a subway train ran over him and he had to have his right leg amputated. Even though he was intoxicated a jury found that he was only 25 percent culpable because the subway operator did not stop.In another case a jury awarded a man $7 million when a subway train struck him after he stumbled onto the tracks. The jury found him to be only 20 percent at fault and his right leg had to be amputated and he also lost an eye.And finally a man was awarded $1.4 million after he was hit by a City Transit bus.
.
Continue Reading

A county jury awarded $1.4 million in damages to a 23-year old employee for compensation for an injury he suffered while at work. The victim was working in a grain bin sweeping out 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 eventual loss of his leg.

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 lawsuit the defective and unguarded drag chain conveyor was just 7 inches away from the large sump hole which was 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 the sweep auger and grain conveyor were moving. They maintained that the system designed by the defendant’s company was not unsafe when used consistent with warnings on the grain bin door which states not to enter the bin while parts were moving. The case was tried before a District Court Judge and after more than 8 hours of deliberation the jury disagreed with the defense’s argument and returned their verdict in favor of the plaintiffs, awarding the plaintiff $1.4 million which covers lost wages,lost earnings,medical expenses,and future medical care.The jury found the defendant that designed the machine 46% at fault; the employer 44% at fault; and plaintiff 10% at fault. The jury’s verdict is a just verdict in a horrible accident that happened to a young man. It was the right and just result for a young man who will be permanently disabled due to unsafe machinery said the judge in her ruling and a manufacturer can’t put functionality before safety in the design of a product. You must take into consideration that what may make it unique, may also make it dangerous.The victims father takes comfort in knowing that with the proposed redesign of the equipment future workers can be safe.
Continue Reading

A County Court jury awarded nearly $4 million to a couple who had filed a medical malpractice lawsuit against the Clinic and one of its doctors. Jurors deliberated for a day and a half before awarding the plaintiff’s $4 million. According to the couple’s lawyers, the jurors found the Clinic and Dr. were negligent in medical care rendered to the victim, which caused a permanent injury, including paralysis, because of violations of safety rules in performing a lumbar puncture procedure in May, 2008.The Hospital was initially a defendant in the lawsuit but had settled prior to trial. The jury was very attentive and reached an unanimous verdict.The message is that doctors are not allowed to violate safety rules and when they do, the community will hold them accountable.

Safety rules are the backbone of practicing good medicine and their violation can create a case of negligence against the doctors and hospitals.You or your family as patients have the right to expect top notch medical care and to leave the hospital in a better position then when you entered. Many patients are under the impression that the doctors are doing all they can and that when the outcome isn’t favorable it isn’t their fault, nothing could be further from the truth and you are well within your rights to receive compensation from the doctors and hospital in this instance.
Continue Reading

Have you lost a loved one recently and been having a difficult time receiving death benefit payment from your insurance provider? If so, you are not alone. As this article in the Bloomberg report suggests thousands of families whose loved ones have died serving our country have not received their entitled benefits from their insurance companies.As an experienced attorney I have helped many families receive money owned to them by insurance companies after the death of a loved one. I have recovered hundreds of thousands of dollars on behalf of client’s who have had legitimate claims but the insurance company was delaying and prolonging the payments by seeking unnecessary documentation all to the detriment of the clients. It is highly recommended to seek an experienced attorney in dealing with recovery of insurance proceeds and death benefits as soon as a claim arises to avoid any unnecessary pitfalls.

It is reported that millions of families have been mislead by their insurers and have been issued a “checkbook” instead of their expected lump sum payout of $400,000 in the case of military death. The insurance company sends these to their insured in lieu of payment and recommends the victim take their time making a decision regarding the money and in the interim they will keep the money in an interest bearing account. What they fail to mention and can only be seen in the fine print is that the money remains in the insurance companies interest bearing account and while they make up to 4% interest the victims families are only paid 1/2%.It is believed that the top insurance companies are now sitting on billions of dollars in unpaid death benefits.A Maryland woman whose son died in Iraq and was given these “checks” expressed shock and disbelief how her own insurance company dishonored her sons memory in this way. Her “checks” were denied in Target and her local grocery store when she tried to shop there and she later realized she needed to ask permission from the insurance company to use her own money.She would have been better off putting her full amount in her own bank and earning up to 4% interest there.This is the reason why it is imperative to have an experienced attorney on your side to read all the “fine print” for you and get you the benefits you are entitled to.
Continue Reading

Our law firm has received numerous inquires from former patients of Dr.Nikita Levy; ranging in age from teenagers at the time of their examination to adulthood, who may have been possible victims of his illegal recording practices.Johns Hopkins has issued a few statements regarding their ex employee Dr. Nikita levy trying to explain why they didn’t inform his patients immediately regarding the reason for his dismissal.Hopkins officials learned from a colleague of Dr. Levy’s on February 4th of his alleged videotaping of his patients but they waited until after Dr. Levy’s death on February 18th to inform his patients of his egregious behavior.

Dr. Nikita Levy, after questioning from Hopkins security on February 5th admitted that he was filming his patients during their exams with a pen equipped with a camera worn around his neck. The doctor who had worked at Johns Hopkins Hospital for over 20 years surrendered his recording devices to security and was barred from further contact with patients. He was encouraged to seek psychological services and escorted off the Hospital property. According to reports Hopkins then contacted the Baltimore city police on February 6 and turned over all Dr. Nikita Levy’s evidence to them on February 7th. Dr. Levy was officially terminated by the Hospital on February 8th.At that time it was suggested to Johns Hopkins Hospital not to disclose any information regarding Dr. Levy as this could potentially compromise an on going investigation. The hospital sent out a letter on February 11th to Dr. Levy’s patients to inform them he was no longer employed with them and to help them find another doctor on their staff for their medical needs.In the interim the police had issued search warrants and obtained additional evidence in the case.It was only after Dr. Nikita Levy ended his own life on February 18th that Hopkins could issue a public statement detailing his misdeeds.What is still unclear is what if anything was known by Hopkins and why they let it go on for so long. Many former patients reported that Dr. Nikita did not have a nurse in the room with him during exams which is a typical standard of practice by OB/GYNs.It is not known at this time whether or not Hopkins condoned this practice. What is clear though is that Dr. Levy had been recording his patients for quite some time which is evidenced by the “mountain” of material seized by police. Patients are entitled under the law to expect privacy from their doctors and Hospitals which was certainly not the case with Johns Hopkins and Dr. Nikita Levy.
Continue Reading

The VA Medical Center agreed to settle for $600,000 a lawsuit brought by the widow of a 60 year old veteran after a surgeon carelessly perforated his bowel during a routine surgery to repair his hernia.The victim was a truck driver and veteran.His widow was forced to sue the doctor and hospital after her husband’s surgery went terribly wrong.As an experienced attorney I have reviewed many cases of medical malpractice and have completed same with favorable results.

The victim required surgery to repair a hernia so he could return to his job as a truck driver. Unknown to the victim and his wife, it was the first time the VA hospital surgeon had ever performed the procedure without another more experienced doctor by his side as he had only been a licensed surgeon for a couple of months. The inexperienced doctor ripped a hole in the victim’s intestines during the surgery, which caused the contents of his bowel to spill out into his abdomen. Unfortunately this was only the first medical mistake, a second mistake was made when everyone at the VA hospital failed to notice the hole in his bowel for several days.Consequently,the victim became very sick, developed a serious infection, and died several months later.It was only going to have been a one day hernia surgery,then he was supposed to go home. And then when they kept keeping him day after day it started running through my mind why isn’t he going home?. said his widow The people who serve our country in the armed forces deserve to receive top quality health care at VA medical facilities.Sadly, these types of mistakes happen much too often. If only this doctor had followed the required safety rules that are put in place to protect patients this whole tragedy would have been avoided. Hopefully, winning this case will protect other veterans.This was a Federal Tort Claim Act case brought in the U.S. District Federal Court.The plaintiff said she will donate a portion of her settlement to sick veterans.If your loved one is a victim of medical malpractice call me today at 800 320-0080 or visit me in either Rockville or Baltimore today.

A local consumer group has sued the largest insurance company in the area, accusing the health insurer of subjecting their customers to big rate hikes in order to force older and sicker people into low-benefit and high-deductible plans, a tactic the group calls a death tunnel.The group accuses the insurance corporation of not offering certain policies to new customers and then sharply raising rates for those remaining in the plans.As an experienced attorney I have reviewed many business disputes and have completed same with favorable results.

People with medical problems are often barred from switching to comparable policies and they then become trapped into paying ever rising premiums until they can no longer afford it, or they are forced to switch to a policy with vastly inferior coverage.Either result is beneficial to the insurance company’s bottom line but not the customer,claims the consumer group. Companies are trying right now to only insure healthy people and the group believes the insurers are hoping to make their customer bases as healthy as possible before federal health reforms take effect in 2014. Because at that time the insurers will no longer be able to turn people away based on their medical conditions.The suit claims the insurers are violating a 1993 law meant to prevent so called death tunnels. The law requires insurers that close a plan to new customers to minimize rate increases must benefit the previously insured as well..The allegations are false, claims an insurance company spokesman. A former customer said he had never heard of the term death spiral. But when the insurance company told him last year it planned to hike his family’s premium by 25 percent, from $1,900 a month to over $2,400, he felt he had no choice but to switch to a bare bones plan with inferior coverage.Because his 21-year-old son has a brain lesion from a sports injury that needs monitoring he knew the family would have difficulty getting other coverage.So instead of the $2,000 deductible in his old plan he was forced to change to a policy with a $5,000 deductible per person. He now avoids seeing a doctor unless he has a serious problem.When there’s a high deductible, consumers are less likely to use their insurance,the consumer group noted. The former customer who is a plaintiff said he tried to switch back but was told he could not because his old plan had been closed to new customers.These allegations are very similar to another suit against the insurance giant which was settled last year and requires them to offer consumers in closed policies access to comparable coverage and to limit rate increases in the closed policies for those who remain.The lawsuit notes that the insurance company has closed 9 policies so far and has announced that soon it will close 24 policies regulated by the Department of Insurance. Consumer watchdog groups claim the company will do this without offering customers comparable coverage and limiting rate increases for those remaining in the closed plans.The consumer group is asking the court to declare the suit a class action and order the insurance company to discontinue these practices and pay damages to affected customers.Please call me at 800 320-0080 or visit me at my offices located in Rockville and Baltimore today.

The local Power Company is contemplating whether to appeal a $106 million wrongful death verdict awarded to the family of a woman who was unfortunately killed by a falling power line in her backyard.The victim was burned alive by the power lines for more than 20 minutes while her mother-in-law and two young daughters watched helplessly while waiting for utility crews to turn off the electricity.A juror said the jury deliberated less than two hours before arriving at the verdict and wanted to send a message to the power company that not applying safe practices is not acceptable.As an experienced attorney I have reviewed many cases of wrongful death and have completed same with favorable results.

The attorney for the family argued that the Power Company failed to properly train their workers for years before the victim’s death. Records showed that the victim’s husband called the power company numerous times and expressed his concern for his family’s well-being because the spliced power line in their backyard failed twice previously.The family stated that the power company didn’t properly train its employees to use a wire brush to clean the power lines before they were spliced as is standard procedure. By failing to do that, the wires were more likely to rust, which caused them to overheat and fail,ultimately landing on the victim.The victim was killed when she went outside her house to make a cellphone call to report that a tree was on fire and the line had again overheated and her house had lost power. The power line fell on her while she was on the phone while her daughters stood nearby. The victim’s mother-in-law was there also and tried to help, but was burned when she touched her daughter in law and was forced to watch her suffer for 20 minutes as the electrical current surged through her for the most gruesome pain and suffering possible.The victim was finally brought the the hospital and had several fingers severed from her left hand and her left arm had to be amputated as doctors fought to save her, but she unfortunately died three days later.The power company tried to claim that the victim put herself in harm’s way by standing under the power line while using her cell phone. The jury found that argument deeply offensive to the victim’s husband and family and spoke loudly by deciding on the substantial verdict.It is not yet known if the power company will appeal and a company spokesman said that the verdict was still being reviewed.This verdict was the largest personal injury award in the history of the county.If a member of your family has been a victim of wrongful death call me today at 800 320-0080 or visit one of my offices located in either Rockville or Baltimore.