Articles Posted in Personal Injury

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.
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The Centers for Disease Control estimates that 2 million hospital acquired infections occur each year resulting in over 100,000 deaths. It is also estimated that another 1.5 million infections occur in long-term care facilities. Many people are filing and winning medical malpractice lawsuits due to acquiring these infections while in the hospital for other reasons.Medical-malpractice defense attorneys argue that even if every hospital protocol is followed to prevent the spread of these infections a hospital cannot prevent all infections. Plaintiff’s attorneys argue that when the proper protocols are followed the spread of the infections decreases significantly.

In order to win a malpractice claim, the plaintiff must be able to trace the infection and show that the patient got the infection due to the hospitals negligence.The CDC has published new guidelines for hospitals to prevent infections. Plaintiff’s attorneys that are perusing a malpractice claim will need an expert to confirm that if these precautions had been followed, the patient would not have contracted the infection. The most basic of precautions are needed to prevent the spread which include hand-washing between patients and having hospital staff do routine sterilization of the facility.Many hospitals have been found remiss in supervising all staff to enure proper hygiene is followed at all times. MERSA otherwise known as flesh eating bacteria has been making the rounds at many hospitals during the past 3 years.Post-op patients are most at risk for this possibly fatal disease that is resistant to common antibiotics.The cause of MERSA has been traced back to dirty surgical tools that can infect patients at their most vulnerable time. it is important to research the hospital that you will be having surgery in to check their history of MERSA outbreak.Your attorney can help you with this as well.Your health depends on it.
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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.
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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.
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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.

According to the World health Organization there were over 1.24 million worldwide car accident related deaths for the year of 2010.Young adults aged15-44 account for over half of these fatalities and 3 out of 4 of these deaths are of young men. At the Law Offices of Joseph Ostad we have helped thousands of clients and their families recover from the devastating effects of a car accident and we can help you as well.

Worldwide it is believed that over 1.3 million persons were killed and more than 50 million were seriously injured in car accidents in 2004.This makes car accidents the top cause of death among minors aged 10-18 years old .Over 250 thousand children die each year and more than10 million are injured in car accidents in the United States. Car accidents are the 5th leading preventable cause of death in the United States with 46,700 people killed and more than 2 million injured in 2005. Accident statistics are often significantly under reported and misclassified with deaths at the scene being recorded but later deaths in hospitals being overlooked. This appears to be the same with serious injuries not being reported at all unless an ambulance was called to the scene. Also the veracity of reporting can vary greatly over time and between sources. In the United States,29 states reported a decrease in the number of car accident deaths between 2005 and 2006.This can be attributed to seat belt laws although in 2006 57% of drivers and passengers 16 years or older were not wearing seat belts when they crashed. Fatal car accidents trends tend to follow Smeed’s law which correlates increased fatality rates with traffic congestion.Listed are the most common types of car accidents with their percentage to occur and percentage of fatalities:
1)Rear impacts: 29.2% US crashes, 5.4% of US fatal crashes 2)Side impacts: 28.5% US crashes, 20.5%US fatal crashes 3)Run-off-road collisions: 16.1% US crashes, 31.7% US fatal crashes 4)Collisions with animals: 4.7% US crashes, 0.3% US fatal crashes 5)Rollovers :2.3% US crashes, 10.9% of US fatal crashes 6)Head-on collision:2.0% of all US crashes, but 10.1% of US fatal crashes 7)Collisions with pedestrians and bicyclists:1.8% of US crashes 13.5% of US fatal crashes 8)Back-up collisions: killed 221 in the US in 2007, and injured over14,000.This is the most common types of non-traffic car accident in which children 15 and younger are killed.
Rollovers,head-on collisions and pedestrian and bike crashes are only 6% of all crashes combined but cause over 35% of traffic-related deaths.
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Are you aware that car and truck accidents are the number 1 killer of people in Maryland between the ages of 4- 34? And there are thousands more accidents where people have been seriously injured. At the Law Firm of Joseph Ostad we have helped thousands of people recover from the devastating effects of a car accident and we can help you too if the need arises.

The best thing to do of course is to try and avoid an accident completely; this would include not driving under the influence ,not driving while sleepy and not using your cell phone while behind the wheel.While driving it is imperative to always wear your seat belt and have all children in appropriate car seats in case an accident is unavoidable.It is also advisable to keep your eyes on the road and not on your passengers or children as many incidents of “distracted driving” accidents are on the rise.Keeping your car properly serviced will also cut down on accident probability because when your vehicle is in top shape it can react better to dangerous situations and terrible road conditions.In the event when an accident can not be avoided and you find yourself the victim of one it is best to remain calm and if possible move your vehicle out of traffic and call 911.In the event of an injury you should wait for the ambulance to take you to the hospital.The most important thing to receive that day is a police report containing the officers notes and the other drivers information including license and insurance numbers. Call our office at 410 727-6116 and make sure to not talk to the other drivers insurance company as they will surely be calling you right away.Give them our number and tell them to call us with any questions they may have.Remember they are not on your side and are looking to compensate you as little as possible.We will help you recover both physically and monetarily from your unfortunate accident and have you back on the road as soon as possible.
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The parents of a little girl killed in a skiing accident last year have filed a lawsuit against the mountain ski patrol and the city for wrongful death, negligence and personal injuries.The civil lawsuit which was filed in County District Court says the employees of the Mountain Ski Patrol and the city failed to protect the child from a severely intoxicated and impaired person snowboarding “recklessly” and at “excessive speeds.”The child’s family seeks payment for medical expenses,loss of life and other damages, with the specific amounts to be determined at trial, according to the complaint.As an experienced attorney I have reviewed many cases of wrongful death and have completed same with favorable results.

The accident occurred on Christmas eve, when 23 year old man was snowboarding on the Black Diamond run and collided with a woman and her 5 year old daughter. The child and the snowboarder were killed and the mother suffered serious injuries.Witness statements from the complaint said that the Black Diamond run was very slick by the afternoon when mother and daughter were skiing. The Black Diamond run requires high skill levels and had just opened for the season at the city-owned ski area.The mother and daughter had skied only partway down the slope when the little girl’s skis had come off. They were the only skiers on the run at the time, and they stopped to put the child’s skis back on at about the same time the snowboarder began the run.He was estimated to have been traveling at speeds above 40 to 50 mph and had appeared intoxicated earlier in the day. A toxicology report later showed the snowboarder had trace amounts of cannabis in his system, but an investigation found he committed no crime at the time of the accident.The snowboarder had been repeatedly cited for snowboarding recklessly at high speeds in the past and was known for his dangerous behavior, according to the complaint. Despite this repeated behavior the ski patrol employees allowed him on the slopes on that fateful day. The ski patrol members watching the snowboarder’s speedy and reckless descent did not instruct him to stop or warn the mother and daughter.For these precise reasons, the lawsuit demands the ski patrol and the city bear absolute responsibility for the child’s death. If your loved one has been the victim of a wrongful death call my office 800 320-0080,email me or visit my offices in either Rockville or 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.

The state police have been sued by the father of a young man who was brutally shot and killed at his home by police officers when they responded to a suspected report of road rage on a local highway.The newspapers report that the wrongful death lawsuit was filed in state district court by the father of the victim. The young man died after he was shot point blank in the chest by the police officers investigating a disturbance involving the victim’s brother.As an experienced attorney I have reviewed many cases of wrongful death and have completed same with favorable results.

Police had been told that someone tried to run two women off of the Interstate and then got out of his vehicle and threatened them.The officers arrived at the brothers’ residence after identifying their truck as the one involved in the road rage incident. The officers claimed that they heard gunshots and a man shout, “We have a gun! Get off the property.”Then an officer saw a man standing in a window with a pistol and he shot him. The victim’s father and brother claim he first fired a warning shot into the air,but the police state he fired at an officer.The surviving brother managed to elude the police by fleeing the house with a shotgun and later went to the police to ask for help where he was arrested on charges of aggravated assault on a police officer and resisting or evading arrest.The grand jury did not indict the police officers.The lawsuit claims that the victim didn’t hear the officers identify themselves when they approached their house.His brother says the police yelled and cursed at them telling them they were surrounded and demanding that they come out, but they didn’t announce they were police or use any police lights.The lawsuit also states that after the victim was killed, the police used a cell phone to take a picture of the body and distributed the image to members of the public.If your family member has been a victim of wrongful death please call me at 800 320-0080 or visit me at my offices conveniently located in Rockville or Baltimore.