Articles Posted in Personal Injury

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 State Medical Review Panel found that an Orthopedic group failed to comply with the appropriate standards of care that led to a woman having her leg amputated and thereby cleared the way for the woman to go forward with her lawsuit.The patient went to an Orthopedic group three times over the course of 1 month with signs and symptoms of a vascular problem in her leg.She was not diagnosed with the vascular problem and was instead given two injections into her knee by the doctor at the office.

Just 2 weeks later the patient was admitted to the hospital for loss of blood flow to her right foot and a large acute blood clot in the artery that supplies the blood to the knee and thigh.Subsequently,her leg was amputated above the knee the following day.The patient contends that the Orthopedic group fell below the required standard of care by failing to test for the loss of blood flow in her foot after noting a lack of pulse,reddened foot and reports of unexplained pain.She was also not given a timely referral to a vascular surgeon or cardiologist.Or told to go to the ER if she experienced more pain. The plaintiff seeks damages for a lifetime of care.
Continue Reading

A major city has agreed to pay $1.2 million to settle a lawsuit filed by a woman who suffered third-degree burns when a “flash-bang” grenade thrown by a police officer on the city’s SWAT team exploded near her during a raid. The victim suffered burns over 11 percent of her body and was permanently disfigured as a result of the incident, which happened during a search of the home she was visiting.

The victim, now 31, accused police of needlessly using an “extreme level of force” when they lobbed the grenade into the house. Without admitting wrongdoing, the City Council voted unanimously in closed session Tuesday to approve the settlement. The victim’s attorney, said there had been no reason to use the flash-bang grenade because police had previously searched the home without using the device and should have known that the occupants would have been sleeping. The two shotguns were found in the garage, and the victims were not armed, he said. Neither woman was arrested. “This was a real tragedy,” the attorney said. “The conduct of the police was reprehensible.” The lawsuit against police stemmed from his arrest on drug charges. Police who subsequently searched the home reported finding 216 live rounds and a magazine for an assault weapon. But prosecutors dismissed the case after determining that the Officer had falsely stated on a search warrant affidavit that the alleged narcotics seized during his arrest had been confirmed as actual drugs. It was one of a series of allegedly false statements by police seeking warrants. The policeman and three other officers were fired. One officer has since regained his job through arbitration.Police should have known that the flash-bang grenade, which is typically used to disorient dangerous suspects, could severely burn or otherwise injure an innocent bystander, the attorney said in a suit filed last year in U.S. District Court. When detonated, such grenades emit a loud noise and blinding flash. He also said that police had conducted the raid to retaliate against a man who had connections to the home because he had filed a class-action lawsuit three days earlier accusing officers of falsifying search warrants. City officials denied any link between the suit and the raid, saying the SWAT team had been called in because police believed people in the home were gang members armed with guns. Two shotguns and cocaine and heroin were found during the search, police said. But the city acknowledged that a flash-bang grenade that a 10-year veteran, fired toward an unoccupied hallway hit a wall and bounced back into the living room where the victim had been sleeping, burning her on her chest and leg. She spent nearly a month being treated at the Hospital and incurred medical expenses of $400,000. A second woman was also hurt and has received a $45,000 settlement from the city. Police said they had fired the flash-bang grenade because the victim opened the front door as they approached and then shut it, forcing them to break it open.
Continue Reading

The mother of a teen who was shot and killed by police on the train early alleged in a lawsuit that her son was wounded multiple times at close range even though he posed no threat and carried no weapon.The lawsuit contended that the victim 19, was on a train at the local train 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 claim a gun was recovered at the scene.
A spokeswoman with the Law Department declined comment .The victim’s attorney has a list of witnesses that claim the victim wasn’t pointing or brandishing a gun. One witness stated the victim had his back to the police and police had one handcuff or both handcuffs on him.The plaintiff is filing a wrongful death claim against the city and the police department.She hopes this will deter the police from using deadly force against other victims in the future.She asks “Why couldn’t the police have used a taser gun? My son didn’t have to die.”
Continue Reading

A unexpected carbon monoxide leak occurred at The Westin Baltimore Washington Airport hotel Sunday afternoon.Nine people were rushed to the hospital requiring medical treatment due to carbon monoxide poisoning.

After many calls had come through to 911 with people saying they felt sick or faint a paramedic was finally called to the hotel where he noticed strange symptoms from the hotel guests and called the fire department.Fire officials detected high levels of carbon monoxide after treating an employee who reported feeling faint and subsequently evacuated the hotel,which had 64 occupied rooms.There were high levels all throughout the seven stories of the building.The levels of carbon monoxide in the hotel were severe enough to cause serious injury within 2 hours of exposure fire officials are reported as saying.Twenty people that were staying at the hotel suffered carbon monoxide poisoning stated fire department officials.Four employees who worked in the hotel’s laundry room, including the initial individual the paramedic first treated were taken to Maryland Shock Trauma. An additional four employees and a hotel guest were taken to another local hospital.It was reported that the building was fully ventilated at around 5:30 p.m, but the hotel management is not allowing guests to return for now. The source of the leak has not yet been determined and the investigation is on-going.
Continue Reading

According to published reports the use of independent medical examiners, or Independent Medical Examinations or IME as most insurance companies would call it, or Defense Medical Examinations DME has come into question due to major discrepancies between the exam of the person and the report of the doctor. Under the workers’ compensation system, workers with real and genuine injuries are entitled to medical care and replacement wages which are usually paid for by their employer’s insurance. Independent exams are used to weed out workers who exaggerate injuries or get unnecessary care by having a neutral exam by a doctor that the insurance company selects and pays for. A review of case files published by the NYT found that the exam reports are routinely tilted to benefit insurers by minimizing or dismissing injuries. Under Maryland Rules the insurers must seek a court order to have the injured person examined by a Defense Medical Examiner unless both the Plaintiff and the insurer agree otherwise. Claimants are permitted to bring anyone along they choose to witness or film the sessions. But this has not stopped the doctors from saying one thing in the exam and putting the exact opposite on the report. For example,a Baltimore office had a case where the DME doctor examined an injured person and provided two different reports with completely different scenario and opinions. A good practitioner can take advantage of these discrepancies and discredit the doctor’s opinions based on his own reports.For their part, the doctors argue that they do not write the final reports but instead either send a transcription or a checklist into the entities who the insurers go through to get the doctor appointments. The doctors then receive the report back and sign off, but as one doctor put it “I just sign them,I don’t have time to read them all if I did I’d never have time to talk to my wife.They want speed and quantity.That’s the name of the game.” The insurers use of Defense Medical Examinations, that are not so independent, is a practice that is depriving many legitimately injured people from receiving the compensation they deserve and need.At my office we can direct you towards reputable people that follow the laws.
Continue Reading

A County jury has awarded $6 million dollars to a former musician who, after drinking at a private party, was paralyzed when he dove into an under filled apartment complex pool. Jurors determined that the man was 49 percent responsible for his injuries and the owner of the Apartments was 51 percent liable for failing to close a dangerous pool or warn swimmers that water levels had fallen bellow 3 feet.

The division of liability means the plaintiff who was left a quadriplegic with limited use of his arms, would receive 51 percent of the $12 million in damages. Jurors returned the verdict after two days of deliberations and a nine-day trial. We never, ever contested responsibility for him and he admitted he made a mistake, a momentary, thoughtless mistake.But swimmers also should be able to expect that an open pool is safe to use and the managers of the apartment complex failed to close the pool even though employees noticed that water levels had dropped and disregarded state and city laws require under filled public pools to be closed. In addition, testimony showed that the Management company which owned the apartment complex when the plaintiff was injured but sold it in October did not have appropriate safety procedures in place. The plaintiff was a guitarist, singer and songwriter for a band who had moved with band mates two years before the accident. A videotape, shot by a friend and played for jurors, showed a group roughhousing around the pool at 2 a.m. before the plaintiff, then 23, dove into an area that should have been 4 1/2 feet deep but instead was 2 1/2 to 3 feet deep. Defendant argued the plaintiff was solely responsible for his injury because the pool’s depth was obvious, signs prohibited diving at the pool and his judgment was impaired by alcohol. Blood tests after the accident showed his blood alcohol level was 0.09, he said. The legal limit to drive in the state is 0.08. The plaintiff’s attorney argued that the apartment complex, marketed to college-age residents, condoned pool parties where alcohol was consumed, yet neglected to plan for associated risks.But the apartment complex attorneys noted that jurors, answering a separate question, also found the plaintiff to be 51 percent responsible for negligence in causing his injury. he said. So we believe there is a conflicting jury finding that we will appeal. He also will ask District Judge to dismiss or reduce the award before he enters a final judgment, which typically takes about a month. Since the accident,the plaintiff has been living in New York, where Medicaid benefits are more generous, but hopes the jury award will let him return to his home.The plaintiff is being cared for at the home of his mother who needs the money to continue to care for him and pay for his therapies,

I Continue Reading

A lawsuit has been filed against the state on behalf of four bicyclists who were severely injured while riding on the Highway in August. The cyclists suffered everything from severe cases of road rash to concussions, broken bones, punctured lungs, even paralysis. The state agency hired an outside contractor to re-pave a portion of a major Highway. The re-paving process was in its initial stages. On the first Friday after the project began, the contractor left the job site unprotected, without warning of the danger it posed.

. Bicyclists riding northbound on the bike lanes encountered an incline without any reasonable notice of what they faced at the bottom of the incline, namely that the road was “…cut away and strewn with loose gravel, rocks, sudden irregularities in elevation, narrowing of the shoulder, ground-up roadway surfaces, cracks and crevices,” according to the lawsuit. These conditions “would and did cause said roadway to be unreasonably dangerous and defective for bicyclists who regularly and typically used this path…”. The hazardous conditions remained from Friday through Sunday despite messages left on the states hotline and e-mails sent informing them of the conditions. The governmental agency did not begin to remedy the situation until Monday, explaining that they were closed on Friday due to the state-mandated furlough. “The state did not do their job,” says Personal Injury Attorney and avid cyclist who specializes in handling bicycle cases. “Pursuant to policy and directive, they are responsible for issuing warnings about highway construction projects, and they dropped the ball … big time. Call it oversight, carelessness, stupidity or indifference … it still comes down to many innocent people being seriously injured.”


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 man paralyzed in a tubing accident sued a ski resort for 23 million dollars. While skiing the plaintiff lost his footing and flew headfirst down the tubing course and directly through the rubber mats intended to slow him down and subsequently crashed headfirst into a cement wall.The man is now a paraplegic; paralyzed from the waist down.

.According to the U.S. ski association 35 skiers and 12 snowboarders suffered fatal injuries during the 2012-13 season in which over 10 million people skied. But lawsuits for ski resorts are not unusual. This lawsuit argued that the resort was negligent in setting up and operating the snow tube runs and accuses the resort of “failure to design a barrier wall with sufficient safety protection”. The lawsuit further stated that more advanced technology was available but wasn’t in place and the existing barrier had some padding but lacked sufficient give to save his client.The lawsuit awarded 23 million in compensatory damages and $350,000 in punitive damages.The 55 year old victim will need a lifetime of care and medical bills and needs a full time nurse.The ski resort has since upgraded it’s safety systems and is looked into updated technology to protect it’s skiers from further injuries.
Continue Reading