Posted On: June 30, 2008

Nevada Jury Awards Los Vegas Man $60 Million

A federal jury in Nevada last week awarded $60 million to a Las Vegas man who alleged Paul Revere Life Insurance Co. and the Unum Group denied in bad faith his claim for disability benefits.

This is one of those “be careful what you wish for” cases. In a previous trial, a jury awarded Plaintiff $11.6 million but it was overturned on appeal. So the case was tried again and the second jury awards five times what the first jury awarded.

I would love to know what the settlement offer was in this case.

Posted On: June 30, 2008

Fulton County Courthouse Shooting Lawsuit May Proceed Against Sheriff

The Georgia Court of Appeals has ruled that a wrongful death action on behalf of family of the county court reporter killed in the March 11, 2005, courthouse shootings may file a negligence lawsuit against the Fulton County sheriff. At issue was whether Fulton County Sheriff Myron E. Freeman is a "county employee" protected from negligence lawsuits by the workers' compensation statute. Reversing the trial court, the Georgia Court of Appeals found that Sheriff Freeman is not an employee but instead “an elected constitutional county officer."

Posted On: June 27, 2008

Dallas Uninsured Motorist Law

The Dallas City Counsel voted 10-5 to tow the cars of drivers who cannot produce proof of car insurance after a traffic stop. The new car insurance law will take effect on January 1, 2009.

I’m pleased to see that Dallas Police Chief David Kunkle said police would use prudence in enforcing this law. For example, police would not tow a vehicle if towing would result in a family with children being stranded at night on the side of a road.

I honestly do not know how I feel about this law but I’m having a hard time coming up with legitimate arguments against it. District 6 council member Steve Salazar, who is against the bill, does not provide me any help. He is quoted as saying, “"I want my officers catching burglars, people committing assaults, people committing rapes, people committing murders. Our priority is fighting crime."

Mr. Salazar is creating a false choice. We don’t have to choose between stopping murders and rapes and fighting back against people that refuse to get auto insurance. We can and do afford both.

Posted On: June 27, 2008

Wisconsin Court Reinstates Lawsuit in Death of Cameraman

The Wisconsin District 4 Court of Appeals reinstated a lawsuit filed by the family of an ABC Sports cameraman who died five years ago while installing a camera before a college football game. A Dane County Circuit judge dismissed the case in 2006. According to the wrongful death lawsuit filed on behalf of the cameraman's family, the director of Camp Randall Stadium failed to install required railings on the platform on which the cameraman was working.

Posted On: June 27, 2008

Munice Indiana Jury Awards $3.5 Million in Medical Malpractice case

A jury in Muncie, Indiana ordered a medical clinic to pay $2.75 million to a woman for failing to test a tumor for cancer that was removed from the Plaintiff's foot. A separate doctor later found that a second tumor removed from her foot was malignant. Jurors also awarded an additional $500,000 to the woman’s husband for a total of $3.25. million. As mentioned in a previous Accident and Injury Lawyer Blog post, Indiana law caps damages in malpractice cases at $1.25 million.

Congratulations to the Plaintiffs' medical malpractice lawyer Scott L. Starr of Logansport, Indiana, particularly given that the Plaintiff is now reportedly - thank God - cancer free. I would have second guessed the decision to bring a loss of consortium claim in a medical malpractice case like this but he apparently made it work.

Posted On: June 23, 2008

Doctor Review Web Sites

Howard Citron, a defense medical malpractice lawyer in Fort Lauderdale that writes a good blog, wrote last week about web sites that review medical doctors. I share his concerns about this web sites that review doctors.

At first glace, everything that improves patient information is a good thing. The problem with these review web sites is that the squeaky and the most insane wheels get the most oil. More importantly, that same person can submit reviews as multiple people so if you have an ax to grind, you can destroy a doctor on the site.

I’m not saying that – on balance – they are not a good thing but I’m certainly wary of these kinds of sites and concerned about the possibility of a good doctor’s reputation being smeared by one disgruntled patient.

Posted On: June 23, 2008

Nursing Home Mandatory Arbitration Clauses

The Legal Medicine Blog (Dan Frith and Lauren Ellerman of the Frith Law Firm in Roanoke, VA) have a good blog post today on a pressing issue for nursing home lawyers and their clients: whether mandatory arbitration clauses should be enforced in nursing home cases.

In recent years, nursing homes not only in Maryland and Virginia but around the country have been requiring patients to sign mandatory arbitration clauses before admitting patients. Of course, this stacks the deck against the patient because, among other reasons, it limits discovery into just how awful the nursing home is to its patients generally and the plaintiff in particular.

Many people never see this clause because they rarely read the small print. If they do, think think of the Hobson's choice given to these patients and their families. They can either hope for the best (don’t we always do that walking through the door?) and just waive the right to receive a fair shot at receiving compensation for the negligence of the nursing home or they can go look for a nursing home that does not have an arbitration clause. But, realistically, the decision to choose the nursing home is already made before they get to the arbitration clause.

Hopefully, help is on the way. Congress is looking at this issue. Rep. Linda Sánchez from California has offered a bill that would void any mandatory arbitration agreement executed by a nursing home resident. Not so coincidentally, Rep. Sánchez father recently went to a nursing home.

Posted On: June 23, 2008

Medical Malpractice Protections Extended to EMTs

The San Diego Injury Lawyer Blog reports that the California Court of Appeals has extended the protections given to doctors under the Medical Injury Compensation Reform Act (MICRA) to emergency medical technicians (EMTs) transporting patients because EMTs were "inextricably identified" with the health and medical care of their patients.

The Medical Injury Compensation Reform Act of 1975 was obstensibly enacted in California to provide for affordable medical malpractice insurance for doctors because, you know, doctors are so poor and all. MICRA limits medical malpractice jury awards $250,000 in noneconomic damages and staggers payment for verdicts over $50,000 future medicals and lost wages. Making matters worse, doctor defendants in medical malpractice cases can introduce collateral sources to show medical payments made by insurance companies.

I don't question MICRA including EMTs. I question the logic of MICRA itself.

Posted On: June 18, 2008

Arizona Medical Malpractice Expert Rule Overturned

The Arizona Court of Appeals found unconstitutional yesterday an Arizona law placing limitations on whether an expert can testify at trial in medical malpractice lawsuits.

The Plaintiff’s medical malpractice lawyer, James J. Syme, Jr., found himself in a pickle because the trial judge, Maricopa County Judge Michael C. Jones granted the defendant’s motion in lime to strike Plaintiff’s only medical expert. Judge Jones very reasonably allowed Plaintiff time to find another expert but the Plaintiff’s lawyer could not locate another expert. (Note: this is usually not the sign of a great medical malpractice case.)

The Arizona Court of Appeals found that the statute Judge Jones relied upon in excluding the expert was unconstitutional because it violates the separation of powers provision of the Arizona Constitution. Specifically, the court said that the Arizona Constitution confers on the Arizona Supreme Court the “power to make rules relative to all procedural matters in any court” and the Arizona Supreme Court has previously held that its rule making power is “exclusive and may not be infringed by the legislature.”

I’m thrilled that the Plaintiff gets a shot to have her medical malpractice lawsuit heard by a jury and it sounds like the court make the right call based on the existing case law. I also think the limitations placed by the statute – section 12-2604(A) are completely unreasonable. But does it make me a little uneasy that the legislature that is elected by the people cannot interfere in such matters? Yeah.

Posted On: June 18, 2008

Wisconsin Judge Certifies Class Action Over Bar Exam Waiver

Wisconsin’s diploma privilege rule that allows law students who graduate from Wisconsin law school to become a lawyer without taking a bar exam has brought about a class action lawsuit by those left out. The lawsuit, that was certified by a Wisconsin judge this week, alleges that an out-of-Wisconsin law school graduate are denied due process because it treats students differently.

I think the world might be a slightly better place if people were not so concerned that someone else is "getting over." I just think the whole thing is silly.

Posted On: June 17, 2008

Brittany Spears Avoids Criminal Charges in Pedestrian Car Accident

Los Angeles Deputy District Attorney Joseph Shidler told the media that he did not have evidence to prove beyond a reasonable doubt that Brittany Spears was aware that the paparazzo foot she ran over had been struck by the car. In fact, Mr. Shidler said that the “only way the victim's foot could have been where the video indicates it to be was by the victim placing it in that location."

Is he suggesting that the victim intentionally caused his own injury? In a normal situation, I would scream that this is classic blame the victim nonsense. In this case, in the bizzaro world that is Hollywood? Who knows?

Posted On: June 17, 2008

Maryland Injury Lawyer

Our Maryland injury lawyers are just that: injury lawyers. We do not handle criminal, business, consumer law, domestic or divorce cases. Our Maryland injury lawyers focus exclusively on injury law: car accident, truck accident, medical malpractice, and product defect claims.

Certainly, there are Maryland injury lawyers who handle a multitude of other kinds of cases and are still qualified to handle injury claims. Some of the best injury lawyers I know handle other types of case beyond personal injury. But there is an awful lot to know for our five lawyers that focus exclusively on Maryland injury law. So we believe our clients are served best by our lawyers maintaining an exclusive focus on personal injury cases.

I’m writing this on our Accident and Injury Lawyer Blog it is worth reminding readers that while our law practice is based in Maryland, we do handle very serious injury and death cases not only in Maryland but throughout the United States. If you have been injured in an accident or by medical malpractice in Maryland or anywhere in the country, call our injury lawyers at 800-553-8082 or click here for a free Internet consultation at no obligation to you.

Posted On: June 17, 2008

Ethex Morphine Sulfate Recall Lawyer

ETHEX issued a recall of its morphine sulfate pills last week after it was discovered that a likely manufacturing error caused some tablets to have twice their safe dosage. The risk of taking twice the recommended amount is opiate overdose which is potentially life threatening. Symptoms of an overdose include low blood pressure, difficulty breathing and anything else considered out of the ordinary, such as trouble maintaining consciousness and other symptoms consistent with the body shutting down.

The following lot numbers are involved in the recall:

Morphine Sulfate ER 30 mg Tablet/NDC #58177-320-04:
Lots 75090, 77846, 77847, 80048, 83320, 89661, 89665, 90252 through 90258, and 93284.

Morphine Sulfate ER 60 mg Tablet/NDC #58177-330-04:
Lots 91762, 75091, 75092, 77848 through 77851, 82517, 82518, 83333, 83817, 83862, 84111, 84112, 84315, 84900, 85326, 85335, 85807, 86270 through 86276, 87723, 87939, 88007, 89083, 89668, 89669, 89821, 90260 through 90272, and 91763 through 91765.

Mophine Sulfate is Schedule II narcotic that is a prescription drug that is used to control pain in people with moderate to sever pain management for the treatment of moderate to severe pain.

This is the second report of a manufacturer recall a prescription drug because it had twice the recommended dosage. Digitek, a drug for heart patients, was recalled last month because it is linked to digitalis toxicity resulting from pills that were twice the labeled dosage. How a mistake of this kind can pass though the quality assurance department of a drug company should be a concern to us all - and the FDA.

Accordingly, our Ethex morphine sulfate recall lawyers are reviewing these Ethex morphine overdose cases throughout the country for patients who have suffered serious injury or death. If you want to discuss your potential lawsuit with one of our Ethex morphine lawyers call us at 800-553-8082 for a free consultation or click here for a free Internet consultation.

Posted On: June 17, 2008

New California Cell Phone Laws: No Teeth But Step in the Right Direction

On July 1st, California will ban drivers using a handheld wireless telephone while driving a motor vehicle. Of course, you can still text message while driving.

No, I cannot explain it. You could drive a truck through the flawed logic of the new California cell phone laws. There is no teeth to the new law either. Violators of the new law are subejct to a fine of $20 for the first offense and not more than $50 for each subsequent offense. No points on your license either. But I still think California is making a step in the right direction.

Posted On: June 16, 2008

Settlement Reached Fatal Bus Accident in Washington D.C.

The husband of a Washington, D.C. pedestrian who was killed by a bus last year, settled his claim for $2.3 with Washington Metro. The Plaintiff's wife had the “walk” signal while crossing the street. A wrongful death lawsuit filed against the Washington Metro was set for trial in October.

The District of Columbia could do what Maryland, Virginia and many other jurisdictions do and cap damages when claims are brought against it or related entities. But the District chooses to do the right thing by requiring itself to be fully accountable for its own negligence.

Posted On: June 16, 2008

Compelling the Testimony of a Vocational Rehabilitation Expert in Maryland?

Our medical malpractice lawyers received an interesting motion to compel from a doctor in an OB/GYN case in Maryland a few weeks ago. Defendant's medical malpractice lawyer is asking the court to compel a 2 hour interview from Plaintiff with Defendant's vocational rehabilitation expert, arguing that that because Plaintiff's vocational rehabilitation expert interviewed the Plaintiff, the Defendant is being put at a disadvantage by not being able to ask his own questions.

But Plaintiff has already been deposed. If the Defendant's medical malpractice lawyer wanted to learn more about the Plaintiff's disability - he had virtually no questions or her disability, by the way - why didn't he ask those questions in deposition?

You can find our attorneys'response to the Defendant's motion here in the event that you are ever faced with a similar issue.

Posted On: June 16, 2008

Seat Belts and Fatal Car Accidents

The Georgia Injury Lawyer Blog has a post on how some people are still not wearing seat belts, citing fatality statistics from the National Highway Traffic Safety Administration that found that more than two-thirds of young people killed in nighttime car crashes were not wearing a seat belt.

The good news is that seat belt use is still rising; total belt use rose 1% to 82% in 2007. Still, three states - Arkansas, Massachusetts and New Hampshire - have less than 70% of vehicle occupants wearing seat belts. As we mentioned in a post last week, New Hampshire still does not require motorcycle occupants to wear a helmet. New Hampshire needs to heed its motto: "Life safe or die." (Or something like that.)

Posted On: June 16, 2008

$35 Million Medical Malpractice Award in Florida

A Broward County jury in South Florida awarded a Laudehill child and his parents $35 million in a medical malpractice lawsuit against Broward General Medical Center resulting from irreversible brain damage to a now 8 year-old boy during the child’s delivery.

Thankfully, this money will allow this working class family that has been struggling to care for their child the ability to provide round-the-clock care for their son that, absent a miracle or a breakthrough in medical technology (we all should pray), he will need for the rest of his life.

Posted On: June 16, 2008

Products Liability Verdicts

A recent Jury Verdict Research study from 2000-2006 found that the median compensatory award in product liability cases is $1,500,000. This analysis is based on plaintiff verdicts rendered nationwide from 2000 to 2006.

The median verdicts by type are as follows:

Transportation Products: $3,000,000
Farm Products: $2,595,000
Industrial/Construction Products: $1,550,000
Medical products: $1,000,000
Commercial Products: $525,000
Consumer Products: $255,000

Posted On: June 12, 2008

Rhode Island Jury Finds Providence Cardiothoracic Surgeon Negligent

A Providence, Rhode Island jury awarded a Warwick man $2 million in his medical malpractice lawsuit against cardiothoracic surgeon based in Providence. The plaintiff allegedly suffered brain damage from oxygen deprivation during open heart surgery at Rhode Island Hospital.

One extremely fair aspect of Rhode Island personal injury law is that victims can get prejudgment interest of 12%. The negligence in this case occurred 10 years ago so the plaintiff’s award could exceed $3.6 million. Accordingly, defense lawyers in Rhode Island do not have the usual incentives to stall the resolution of cases.