Articles Posted in Wrongful Death

A Circuit Court civil jury awarded $3 million to relatives of a woman killed by a reckless driver as she walked on a stretch of road that was not equipped with sidewalks or guard rails.The jury found the state liable in the wrongful death lawsuit and voted to award $2.5 million to the victim’s 2 year old daughter after her mother was struck and killed by the motorist.The victim was walking on the road when a car veered onto the shoulder and struck her and a friend.

The friend died at the scene. The victim, who was five months pregnant, died at a hospital. So did her unborn child. That section of road, also known as Route 4. is maintained by the state. The attorney who represented the victim’s family in the lawsuit, told jurors that the accident was preventable. On the block that the victims were walking, there is a sidewalk at both ends of the street .but also a gap of about 200 feet where there is no sidewalk or guard rails. The two victims were struck as they walked in that section.The attorney told jurors that state officials should have provided a sidewalk, guard rails, or a combination to improve safety for pedestrians.In addition to the award for the victim’s daughter, the jury also awarded $500,000 to her mother.The assistant attorney general who defended the state in the civil trial, declined to comment on the verdict.
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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.”
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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.
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A local pain-medicine doctor is facing a fourth malpractice lawsuit. the doctor is being sued by the victim’s family .The lawsuit filed in district court states the victim died of an overdose of Oxycontin. It says the doctor was grossly negligent in prescribing the dangerous narcotic before diligently assessing the victim’s need for it and without putting in place a proper monitoring plan to track his use of the pills.As an experienced Rockville attorney I have reviewed many cases of Medical malpractice and have completed same with favorable results.

The victim’s death was one of seven cited by prosecutors in their report when they filed criminal charges of involuntary manslaughter against the doctor. Prosecutors claim the doctor recklessly prescribed large amounts of narcotics to his patients. The Board of Medicine which licenses doctors has also filed charges against him stating that the doctor failed to take precautions against abuse of the drugs he prescribed. The doctor has denied doing anything wrong, but he agreed to give up his medical practice while the criminal case proceeds. The medical board also agreed to put its case on hold.The doctor strenuously denies the lawsuit’s allegations and claims the suit is unfounded and untrue.The doctor says he did his best to treat his patient for his pain issues and claims that he saw him only twice as a patient and that the victim saw other doctors at the same time as well. But he is not implying that other doctors are at fault for the death.The lawsuit was filed by the victim’s father on behalf of his surviving children aged12 and 11.The lawsuit does not specify why the victim sought treatment from the doctor who ran a pain-relief clinic in Rockville. The company, which is listed as a defendant in the lawsuit, closed the clinic without any explanation.Health officials said that they had suspended the doctor from the clinic earlier in the year and will have no further comment on him or the clinic.Lawsuits against the doctor have been filed this year by families of four other patients who died of overdoses believed caused by the doctor and also by a patient who said the doctor injured her with the faulty insertion of a pain-medication pump. One of the malpractice lawsuits has already been settled for $400,000.If you or a loved one has been the victim of Medical Malpractice contact me today or visit my offices in either Rockville or Baltimore today.

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 parents of a foreign engineering student who died after visiting the University Hospital for a knee injury are seeking $20 million from the university in a medical malpractice suit.The parents filed the lawsuit in civil court last week on behalf of their son who died several days after he visited the University Hospital due to an injured right knee while playing baseball at the college.The suit alleges that the victim who was just 21, died of a pulmonary embolism due to a blood clot that went untreated by the hospital after his knee injury. As an experienced attorney I have reviewed many cases of medical malpractice and completed same with favorable results.

“Prior to his visit to the University Hospital our son did not have any medical issues with his right knee,” his parents claim.The victim went to the University Hospital after he injured his right knee while playing sports.According to the lawsuit, his vital signs were abnormal,his knee was painful and severely swollen, and the victim was unable to put any weight at all on his right knee. He was sent home and told to rest by the doctor on call.The next day the victim went back to the hospital for a follow-up visit, and his vital signs were still abnormal but,he was released.That evening,the victim was taken by ambulance to the Hospital emergency room, where he died later that evening.The suit alleges that three employees,including a physician and two nurses were negligent and that they failed to recognize obvious problems like the abnormal vital signs.According to court documents,the victim’s medical expenses were over $86,000 and his funeral expenses were over $12,000.The suit also stated that the victim’s expected income as an engineer was to be at least $3 million during his lifetime.Each parent is seeking $8 million in damages from the university.If you or a family member has been the victim of medical malpractice call me at 800 320-0080 or visit me at my offices in either Baltimore or Rockville today.

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.

The estate of a former prison inmate has filed a wrongful death lawsuit against the sheriff and other employees at the jail alleging medical negligence.The plaintiff died of heart failure after he was found unconscious in his cell just two days after his incarceration at the facility.The suit claims that the jail staff failed to properly examine the victim and consistently ignored his complaints and refused to make his medication available to him.The lawsuit seeks $4 million in compensatory damages and $450,000 in punitive damages.As an experienced attorney I have reviewed many cases of wrongful death and have completed same with favorable results.

The complaint details this account of the events leading up to the victim’s death:Before he was jailed, the victim who was a diabetic with chronic pancreatitis and chronic congestive heart failure, was hospitalized for 1 week.When he was released from the hospital his condition had improved somewhat and he was directed to take medications for his congestive heart failure. He was arrested a few days after his discharge from the hospital from an outstanding warrant and was taken to jail.He was convicted the following day of driving on a suspended license and failure to appear. He was then sentenced to 2 weeks in jail on the misdemeanor charges.The jail physician received the files regarding the plaintiff’s recent hospitalization for congestive heart failure and pancreatitis as well as his extensive history of diabetes. The hospital’s instructions and prescriptions were also in the plaintiff’s records, but the jail doctor failed to order the plaintiff’s medication for his congestive heart failure. Jail records show that the victim never received any of his medication at all.The staff failed to house the plaintiff on the jail’s medical floor even though they were well aware of his hospitalization and his poor health. After being in jail a few days the deputy saw the victim in medical distress. He was pale and nauseous and complaining of chest pains and the victim begged the deputy to call the doctor but no medical person came to assess the prisoner.The sergeant instructed the victim to lie down and drink plenty of water. According to the lawsuit this is the wrong advice to give a person with the victim’s medical condition and would exacerbate his condition resulting in a potentially life threatening situation.The complaint also states that, despite the victim’s known diabetes,the jail staff did not check his blood sugar at all.That same afternoon the deputy was alerted that a prisoner was having a seizure and the deputy found the plaintiff lying on the floor. He was taken to the hospital where he was pronounced dead.The lawsuit claims that the plaintiff’s death was avoidable and that the jail’s actions, caused his demise.The lawsuit is one of many that have been filed alleging poor medical treatment or deplorable conditions at chronically overcrowded jails.If your loved one has been the victim of a wrongful death please call me at 800 320-0080 or visit me in either of my offices located in Baltimore or Rockville.

A major tobacco maker of menthol cigarettes, was ordered by a jury to pay a widow $25 million in punitive damages and $16 million in compensatory damages.The state jury awarded the full amount that the widow’s attorney had requested as punishment for her husband’s death. The victim and his widow met in high school and were married for 38 years until he died of lung cancer at age 59.As an experienced trial attorney I have reviewed many cases of wrongful death and have completed same with favorable results. One of the most difficult things in life is to lose your husband who was the love of my life, and then to have to go on and fight one of the largest corporations in America, and fight for justice,” the widow said said after the jury announced the punitive damages verdict.

After a month long trial, the jury decided last week that the victim’s widow was entitled to $20 million in compensatory damages for the loss of her husband. The jury reduced the tobacco corporation’s responsibility for his death by 20 percent, for a final award of $16 million.The tobacco company is disappointed with the jury’s decision, and the company plans to appeal said a company spokesman. An attorney for the tobacco corporation had argued that his client shouldn’t be forced to pay punitive damages because cigarettes are not illegal. The corporation complies with all of the laws and all of the regulations that govern the manufacture, marketing and sale of cigarettes, he told the jury.

The widow hopes this verdict will send a message to all tobacco manufactures that cigarettes are dangerous and can kill.
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