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Covers news, information, commentary and sample documents related to Maryland injury and accident law.
In Baltimore, the family of Isaiah Simmons III, 17, has filed a $207 million wrongful death lawsuit against the Maryland Department of Juvenile Services, the Bowling Brook Preparatory School, and seven counselors at the now-closed private reform school.
Simmons died in January 2007 following a confrontation with counselors at the juvenile offenders’ school located in Carroll County, Maryland. Simmons’s family is accusing all the defendants of negligence leading to the 17-year-old’s “slow, agonizing, and excruciating death.” The East Baltimore teen had been sent to the reform school after he was found guilty in juvenile court for armed robbery.
The lawsuit alleges that on January 23, 2007, seven counselors threw Simmons to the floor and sat on him for “multiple” hours despite hearing him complain that he could not breathe and that he was in pain. The Carroll County Sheriff's Office said that the counselors reportedly restrained him after he threatened to hurt staff personnel and other students at the school.
The lawsuit says that the school did not follow the accepted protocols and practices to restrain their son and that he suffocated to death. When the paramedics arrived, the boy was in cardiac arrest.
His family is asking for $207 million for every minute that Simmons was restrained. They are calling the method used to restrain him cruel and unusual.
Five counselors have been charged with reckless endangerment for waiting 41 minutes after the teenager became unresponsive to call a 911 operator for help. The FBI is still probing into whether more criminal charges and civil rights violations must be filed.
In Maryland and Washington D.C., our wrongful death lawyers can explore your legal options with you during a free consultation.
Family sues over teen's death at reform school, Examiner.com, May 15, 2008
Related Web Resource:
Sun coverage: Teen dies at Bowling Brook, Baltimore Sun.com
Former Yale Law School Professor Robert Bork has agreed to a $1 million slip and fall lawsuit he had filed for injuries he suffered at the Yale Club of New York City in 2006. The details of the settlement are confidential.
Bork injured himself at the alumni social club when he fell while stepping onto a dais to make a speech. He filed the million-dollar lawsuit because he said that the club acted negligently when it failed to provide him stairs or a handrail that he could use while mounting the stage.
The 81-year-old one-time Supreme Court nominee says that he experienced excruciating pain from the large hematoma that formed on his leg as a result of the fall accident. Bork says he underwent months of medical care and surgery.
Yale Club’s lawyers had placed part of the blame with Bork because he had tried to climb onstage.
Bork was a law professor at Yale Law School from 1962 to 1982. His nomination to become a Supreme Court judge in 1987 fell through after Senate Democrats rejected his conservative judicial record.
Slip and Fall Accidents
If you are someone that has sustained serious injuries because you slipped or tripped and fell on someone else’s premise and the owner of the premise could have taken steps to prevent the accident from happening, you may be able to file a personal injury claim or lawsuit against the negligent party.
Slip and fall accidents can lead to painful and serious injuries, including broken bones, dislocated hips, back injuries, head injuries, spinal cord injuries, and traumatic brain injuries. Many injuries sustained in fall accidents can take weeks or months of recovery.
In Maryland and Washington D.C., our premises liability law firm has successfully dealt with many kinds of slip/trip and fall accident cases for our clients and we know how to properly investigate and pursue your case so you can obtain the financial recovery that you need to heal.
Yale Club settles ex-nominee Bork's suit over 2006 stumble, Washington Post, May 9, 2008
Bork settles lawsuit in fall at Yale Club, Newsday.com, May 9, 2008
Related Web Resources:
Read the Lawsuit (PDF)
The Maryland Attorney General’s Office and the family of a Randallstown man that died after being beaten by correctional officers inside Baltimore’s Central Booking and Intake Center in 2005 have reached a $500,000 wrongful death settlement.
Smoot, the father of four children—three of them under 18 years of age—was arrested in May 2005 on a minor theft charge and his failure to appear in court. At Central Booking, the state-run correctional facility, he was beaten and stomped to death during a brawl involving at least 25 correctional guards. Smoot had reportedly refused to enter his detention cell.
Following his beating, photos showed bruises all over his face and a blood-soaked gauze in his mouth. A family member had reported that his skull was cracked.
Three officers were charged for his second degree murder—with one of the men convicted of the charge and sentenced 20 years in prison.
Smoot’s family agreed to drop its $130 million wrongful death lawsuit in exchange fro the settlement. Maryland’s Board of Public Works still has to confirm the agreement.
One of the reasons for accepting the settlement is that Maryland has a liability cap of $200,000—so even if the family had won its lawsuit in court, the state of Maryland may have been able to lower the award.
Police Brutality
Unfortunately, police brutality is a far more common occurrence than we’d like for it to be. If you have been the victim of violence by a police or a correctional officer—even if you have been arrested for a crime—you still have civil rights.
Our Baltimore personal injury lawyers represent clients that have been injured because of the negligent, reckless, or violent acts of other parties. Over the years, we have successfully represented clients in Maryland and Washington D.C.
State to pay in death of Central Booking detainee, Baltimore Sun, May 7, 2008
$500,000 settlement accepted in Central Booking beating death, Examiner.com, May 7, 2008
Prisoner dies after altercation with guards, Baltimore Sun, May 16, 2005
Related Web Resources:
End brutality behind bars, Baltimore Sun, April 24, 2008
Maryland Department of Public Safety and Correctional Services
Congressional researches say that the federal government should be doing more to protect patients from contracting infections at hospitals. According to the Government Accountability Office, the federal government needs to establish proper standards for hospitals to reduce infections.
In Baltimore, Maryland, one man is suing Northwest and Sinai hospitals for wrongful death. Michael Bennett says that his 88-year-old father died because he was infected by six different bacteria while undergoing treatment for a respiratory virus in 2004. The infection reportedly contaminated his blood, heart, and lungs before destroying his leg and his kidneys. He died soon after. Maryland is one of over 20 US states that have measures requiring that hospitals in the state reveal their infection rates.
Consumers Union, an interest group, says that approximately 90,000 people die each year at US hospitals after contracting an infection, with 1.9 million others becoming sick from infection. The fatalities have cost the country about $5 million more in health care spending.
Many infections are contracted through ventilators, intravenous tubes, and catheters that can lead to staph infections, urinary tract infections, or other infections.
Federal officials, however, say that hospitals are cited for improper practices that lead to patient infections.
It is the responsibility of hospitals in the United States to ensure that patients receive a certain level of medical care. Part of that standard requires a certain degree of cleanliness and sanitation at the medical facility. Patients are not supposed to suffer because a hospital has not taken the proper steps to ensure that they’ve reduced the risks of infection.
In Maryland and Washington D.C., our medical malpractice attorneys represent injury victims and families that have suffered because of hospital negligence or carelessness.
Report calls for better hospital standards, Baltimore Sun, April 17, 2008
Related Web Resources:
Federal, state, and local agencies have designated the month of May as Motorcycle Safety Awareness Month to remind drivers and motorcyclists to “Share the Road” safely and keep motorcyclists safe.
In 2007, one out of every nine traffic accident fatalities was a motorcyclist. 4,810 motorcyclists died in 2006. While the number of car and truck accident deaths has declined, motorcyclist fatalities are on the rise.
Recent studies indicate that about 80% of motorcycle accidents result in injuries or death for the motorcyclists or their passengers—compared to 20% of other kinds of motor vehicle crashes.
In Maryland recent motorcycle accidents include:
In April, a motorcyclist (and his passenger) was critically injured after he crashed his bike to avoid colliding with a large farm sprayer.
In another accident last month, a motorist was seriously injured after almost crashing into a Dodge pick-up truck.
Beginning June 1, 2008, a new Maryland law goes into effect that will allow motorcyclists to place light emitting diode (LED) pods and strips so that other drivers can see them. The accent lighting will hopefully reduce the number of motorcycle injuries and deaths at night on Maryland roads.
Maryland Senate Bill 713 also lets motorcyclists use blue dot illumination on the backs of motorcycles.
According to ABATE of Maryland, Inc, the largest association of motorcycle riders, the majority of motorcycle accidents happen because the driver of the vehicle didn’t see the motorcyclist or was at fault in some other way.
If you or someone you love was seriously hurt in Washington D.C. or Maryland because of another party’s carelessness or negligence, contact our motorcycle accident law firm for your free consultation.
May is Motorcycle Awareness Month, Baynet.com, April 14, 2008
New Maryland Law Allows LED on Motorcycles, Clutch and Chrome, April 8, 2008
Related Web Resources:
In California, San Francisco General Hospital has agreed to pay $5.1 million to settle a medical malpractice lawsuit filed by a patient who was seriously injured after hospital staff gave him the wrong medication. San Francisco supervisors approved the settlement amount on Tuesday.
According to court documents, John Weatherspoon III, then 40, sought treatment at the hospital for a cough and a fever in 2005. Hospital staff diagnosed him with renal failure and gave him sedatives. Due to the alleged failure of the staff to monitor the doses he received, he suffered cardiorespiratory failure and sustained an anoxic brain injury.
The lawsuit accused the hospital of breach of medical professional. The city has admitted to mishandling Weatherspoon’s case.
Weatherspoon now requires full-time medical attention. The settlement will pay for his medical care for life. He also recently settled a medical malpractice lawsuit with University of California for $250,000. UCSF doctors are among the personnel that work at San Francisco General Hospital.
Wrong Diagnosis
Unfortunately, the wrong diagnosis of a patient’s condition is not an uncommon occurrence. Misdiagnosing a patient’s symptoms can prove fatal—especially when someone is given the wrong medication because the diagnosis was incorrect. Wrong diagnosis, delayed diagnosis, and failure to diagnosis can be catastrophic.
In Maryland and Washington D.C., our personal injury lawyers handle serious medical malpractice cases and traumatic brain injury cases. Do not hesitate to contact our Maryland law firm for your free consultation with an experienced medical malpractice attorney or one of our traumatic brain injury lawyers.
$5 million OKd to settle S.F. malpractice case, SFGate.com, April 30, 2008
City Hall Watch: Board backs big settlement in lawsuit, Examiner.com, April 30, 2008
Related Web Resources:
San Francisco General Hospital
Brain Anoxia or Hypoxia, Healthlink.mcw.edu
A jury in Baltimore County is ordering Keibler-Thompson Co. to pay a Maryland welder over $3 million for a crushed leg injury he sustained at work in 1999. James Morris, 58, was seriously injured on his first day working as a welder at the Beth Steel Sparrows Point plant. Morris had been hired by a general contractor to reline a blast furnace.
A Bethlehem Steel dump truck, involved in Keibler’s cleaning project, rolled down an incline, crushing Morris’s leg. The welder was hospitalized for 1 month. He has not been able to perform his job since then.
Morris’s personal injury lawyer described how the truck’s wheels did not have chocks to keep it from rolling back. While the Keibler-Thompson Co.’s attorney argued that the defendant was only liable for the routine cleaning project and that the contractor that hired both the cleaning company and Morris should be held liable for the catastrophic accident, the jury disagreed.
The Baltimore County jury awarded Morris over $2.2 million in economic damages and $952,000 in non-economic damages, which Maryland will cap at $560,000.
Bethlehem Steel was also a defendant in the personal injury lawsuit until it filed for bankruptcy.
Work-related accidents often result in catastrophic injuries, and many injured workers are unable to ever return to their jobs.
Although Maryland’s worker’s compensation law prevents injured workers and their families from suing an employer, there may be a third party that is also responsible for your injury accident.
Our Maryland and Washington D.C. catastrophic injury attorneys have helped many injured workers obtain recovery from liable third parties. Often, workers’ compensation will not be enough to cover all medical costs and economic losses. Filing a third-party lawsuit can help you recover additional compensation.
Welder whose leg was crushed at Beth Steel plant wins $3M, The Daily Record, April 29, 2008
Related Web Resources:
In federal court, a judge has dismissed the personal injury lawsuit against Smithsonian Business Ventures Vice President Jeanny Kim. The plaintiff in the lawsuit, custodian and Silver Springs resident Mary T. Majano, had accused Kim of assault.
The alleged injury incident occurred in Downtown Washington D.C. at the Victor Building in June 2003. Kim did not have her security card with her and reportedly followed Majano through an unmonitored locked door. Kim tried to stop Majano because she did not have her security clearance with her.
U.S. District Judge Rosemary M. Collyer says that under the Federal Tort Claims Act, the Smithsonian executive has immunity from personal injury lawsuits because she was a federal worker and the altercation took place during the course of doing her job. Majano may appeal the ruling.
According to Kim, she hurriedly brushed passed the janitor and their shoulders collided. Kim has said "I did not accost, assault, or otherwise touch this woman at any time during the course of our interaction."
Judge Collyer, however, found that Kim had opened the door so forcefully that Majano’s body struck the wall. The judge also accused Kim of pulling several times on Majano’s lanyard and leaving red marks on her neck before walking away.
Smithsonian guards reportedly tried to question Kim about the incident but she told them “I don’t have time for this mess.” A Smithsonian investigator called Kim’s behavior “unnecessarily aggressive.”
Majano says that the attack left her with a herniated disk. Her doctors says that she had surgery, is now disabled, and takes prescription pain drugs. They also say she won’t be able to return to work as a janitor.
Kim has never faced disciplinary action for the incident. Majano’s personal injury lawyer is accusing Kim of violating workplace policies.
Please contact our Washington D.C. personal injury law firm if you or someone you love was seriously hurt because of another party’s carelessness, recklessness, or negligence in Maryland or Washington D.C.
Suit Against Smithsonian Executive Dismissed, Washington Post, April 25, 2008
Janitor Testifies Smithsonian Executive Assaulted Her, Washington Post, January 17, 2008
Related Web Resource:
Read the Court Ruling (PDF)
Wal-Mart Stores Inc. has dropped its lawsuit to collect more than $400,000 in health-care reimbursement from an ex-employee. Deborah Shank has a traumatic brain injury and now lives in a nursing home in Missouri.
Shank, 52, sustained her catastrophic injury when her minivan was struck in a truck accident. She and her husband Jim were awarded $1 million in personal injury damages. After paying for legal expenses, $417,000 was placed in a trust to cover Shank’s long-term care.
Shank no longer has most of her short-term memory and is confined to a wheelchair. She keeps forgetting that her 18-year-old son Jeremy died in Iraq and cries like it is the first time she has found out every time someone tells her he is dead after she asks about him.
Shank was a Wal-Mart employee that signed up for the company’s health and benefits plan when the tragic truck crash happened. Wal-Mart’s insurance coverage had covered approximately $470,000 of her medical costs.
The retail giant sued Shank to recover the same amount after she won her lawsuit, but a court decided it could only recover what remained in her trust. Apparently, the company’s health plan allows Wal-Mart to recover medical costs if a worker obtains damages from a personal injury case. Over $200,000 is left in her trust.
The Shanks lost the lawsuit, appealed the decision, and lost again. Earlier this year, the U.S. Supreme Court refused to hear their appeal.
Shank’s family had been hoping that Wal-Mart wouldn’t try to recover the money, which they need to cover her care costs. Shank has permanent brain damage and is unable to have relationships with her husband and her children.
In 2007, Jim, who has prostate cancer, divorced her so she could receive Medicaid.
In Maryland and Washington D.C., our catastrophic injury attorneys represent clients that have been seriously injured in accidents caused by the negligence of others.
Wal-Mart Rethinks Its Move on Deborah Shank, US News & World Report, April 3, 2008
Brain-damaged woman at center of Wal-Mart suit, CNN.com, March 25, 2008
Related Web Resources:
The lawyers for two Baltimore students that were implicated in the beating of a passenger on a transit bus say their clients are going to sue the Maryland Transit Authority, the Baltimore school system, and the bus driver. Each boy is seeking at least $10 million in personal injury damages.
There has been no finding of guilt for the two boys. The charges against the two boys are expected to be dismissed following an agreement that they each perform 15 hours of community service. Their lawyers say they that were banned from their schools and had their bus privileges revoked without receiving due process or a hearing.
Both 15-year-old boys are not allowed to board any MTA buses. One boy is seeing a tutor, paid for by the city of Baltimore, because he cannot go to school. The other teen is now attending a different school but he cannot ride his school bus, which is an MTA bus.
Nine Robert Pool Middle School students in total had been charged with attacking Sarah Kreager and Troy Ennis after an argument about an empty bus seat.
Four of the students were found “involved” in Kreager’s assault. Another student was ruled involved in reckless conduct leading to Kreager’s serious injury. The term “involved,” in these instances, is the juvenile equivalent of being found guilty. All five of the students also were found involved in reckless conduct that seriously injured Kreager’s boyfriend Ennis.
The boys’ attorneys say that the personal injury lawsuit will cite the city’s negligence, as well as the negligence of its schools and the MTA to offer passengers safe travel. The MTA bus where the assault took place had picked up riders that weren’t students.
A 2006 General Assembly legislative audit expressed concerns that MTA bus drivers were not the most qualified.
If you believe that you suffered physical, emotional, or financial injuries or damages because of another party’s negligence in Maryland or Washington D.C., do not hesitate to contact our personal injury law firm today.
Attorneys say 2 students in bus attack case plan lawsuit, Baltimoresun.com, April 23, 2008
Baltimore Bus Beating Being Probed as Hate Crime, December 8, 2007
Related Web Resources:
Woman beaten on bus pleads guilty in drug case, Examiner.com, April 8, 2008
Free the MTA 9 - African Teens Wrongly Convicted in Baltimore, Indybayorg.com, April 18, 2008
A deadly Maryland car accident during yesterday’s rush hour on US 1 in Jessup involving a truck and a Nissan Altima has left four people dead and a 4-year-old girl and two adults injured. The fatalities are an infant girl, two women, and the driver of the car.
The 4-year-old was reportedly in critical condition when she was transported by air to Johns Hopkins Children's Center in Baltimore. The truck driver and his passenger, both employees of a liquor company, sustained minor injuries and were transported to Howard County General Hospital for medical attention.
According to witnesses, the Altima crossed over the double yellow-line in the middle and ran head-on into the truck. Howard County Police say they do not expect to file criminal charges against the truck driver.
Residents in the area say that this stretch of US 1 is a common site for car accidents. One Brentwood Manor resident says that at least seven motor vehicle crashes have occurred in less than two years. Others in the area say that crashes and rear end accidents occur monthly.
Other residents cited heavy traffic and the 50 mph speed limit as reasons for why the strip of freeway is a common scene for auto collisions. Other residents say that installing a traffic light could decrease the number of motor vehicle accidents at the intersection.
The State Highway Administration says that it has not received any requests to examine the stretch of road.
If someone you love has died in Maryland or Washington D.C. in an auto accident that you believe was caused by a negligent driver or because the proper traffic signs and signals or other safety measures were not put in place, one of our Maryland auto accident lawyers can explore the merits of your case. You may be entitled to personal injury compensation.
Examples of hazards on a road that can be remedied:
• Fixed objects on a road, such as trees and open culverts
• Potholes
• Roads that need resurfacing
• Confusing traffic signs
• Improperly designated construction zones
Jessup crash on U.S. 1 kills 4, Baltimore Sun, April 23, 2008
Howard Co. Police Investigate Fatal Jessup Crash, WJZ.com, April 23, 2008
Related Web Resource:
Norman C. Penn, Jr., the father of 16-year-old Brittany Jacks, is suing the District for $25 million following her death. Brittany decomposing body was discovered last January, along with the bodies of her three sisters, ages 5, 6, and 11, in her mother Banita Jacks’ southeast Washington rowhouse.
Penn is alleging that the city’s agencies failed to properly handle the complaints that his daughter’s life was in danger and that because of this negligence, his daughter endured physical, mental, and emotional injuries before her death.
He accused the District of failing “to properly train, supervise, control, direct, and monitor its employees in their duties and responsibilities” and wants to know why the D.C. government did not do more to make sure that the girls were living in a safe environment. Penn filed his wrongful death lawsuit in District of Columbia Superior Court.
Banita is being held without bond on murder charges after she was accused of killing her four girls. U.S. Marshalls discovered the decomposing bodies when they went to Banita’s house on January 9 to serve her an eviction notice.
According to investigators, the bodies were so badly decomposed that they have been unable to determine their cause of death or when the deaths happened—although they believe that the girls died months before their bodies were discovered.No one has reported seeing the girls alive since spring or summer last year.
Jacks, 33, told police that her children were possessed by demons and they passed away in their sleep.
D.C. Mayor fired six Child and Family Services Agency workers soon after, accusing them of not doing enough to investigate complaints regarding the quality of care that Jacks was giving her daughters.
In Maryland and Washington D.C., our personal injury and wrongful death lawyers have helped many injured parties recover their losses.
Father of Girl Found Dead in D.C. Home Sues District, Washington Post, April 9, 2008
Forensic Expert to Aid In Review of Evidence In Children's Deaths, Washington Post, April 5, 2008
Related Web Resource:
D.C. Woman: "Demons" Possessed Slain Girls, CBS News, January 11, 2008
Nearly one year after the tragic shootings at Virginia Tech that left 32 people dead and two dozen others injured, the families of most of the victims have agreed to settle with the state for $11 million.
By agreeing to the settlement, they forego the option of filing personal injury and wrongful death lawsuits against the university, the state of Virginia, the local governments that serve Virginia Tech, and the local community board that provides mental health services.
The settlement will provide compensation to families that lost loved ones and cover injured survivors’ medical expenses. Attorneys for 21 families that have agreed to settle say the value of the settlement is greater than $11 million. They say that the settlement would forever take care of the medical costs of the victims that suffered catastrophic injuries, while also well compensating the families that lost loved ones in the shootings.
The families that have not agreed to take part in the settlement have until April 16 to file their lawsuits, which could result in a court disagreement over whether or not the shooter was solely responsible for the slayings.
The Virginia Tech massacre took place on April 16, 2007, when Seung-Hui Cho, a student with mental issues, killed two people in a campus dorm before shooting down 30 others in a school building two hours later. He then committed suicide.
The University has been criticized for not letting students, teachers, and others know about the first shootings. Police say they thought the dorm slayings were an isolated incident involving domestic violence. In 2005, a court had ruled that Seung-Hui Cho was a danger to himself and ordered that he receive outpatient mental health care—treatment that he never received.
If someone you love has died or was injured in a tragic accident that you believe was caused by someone’s negligence, recklessness, or carelessness, you and your loved one may be entitled to compensation and other associated costs.
The best way to protect your rights to compensation is to contact an experienced Maryland or Washington D.C. personal injury lawyer right away.
Most families of Va. Tech shooting victims settle, Los Angeles Times, April 11, 2008
Families of Va. Tech victims reach $11M settlement, Baltimore Sun, Associated Press, April 10, 2008
Related Web Resources:
Massacre at Virginia Tech, CNN.com
The wife and parents of James E. Dean, 29, and Afghanistan combat veteran, has filed a $20 million wrongful death lawsuit against the Maryland State Police, St. Mary’s County, Calvert County, and Charles County.
A Maryland state trooper shot Dean in 2006 following a 14-hour standoff between the veteran and SWAT teams and armored vehicles outside his father’s house in St. Mary’s County.
Dean’s family says that Dean had been suffering from Post-Traumatic Stress Disorder and that 16 individual officers, the state, and the three counties acted maliciously and with “callous disregard” for his life during the altercation. The lawsuit accuses the defendants of “needlessly provoking Dean.”
Dean was diagnosed with PTSD and serious depression after he spent a year leading a small infantry division in Afghanistan. He was instructed by the military to head to Iraq for a tour in January 2006.
The night before his death, Dean drank large quantities of alcohol and started throwing plates around the house. His wife, Muriel says she ordered him to leave because she was afraid he would hurt himself.
Dean went to his father’s house. His sister Kelly called police because she heard a gunshot and feared that he would try to kill himself.
Police began arriving. Following several hours of negotiation, police fired tear gas into the house to force Dean out. Dean eventually opened the door and pointed his gun at a state police vehicle. He was shot and killed by a single bullet fired by State Police Sgt. Daniel Weaver.
In 2007, St. Mary's state's attorney issued a report that said Dean’s death could have been avoided if police officers had used less aggressive tactics.
The lawsuit says state officers failed to let family members talk to Dean, used paramilitary tactics against a man who was traumatized from war, and neglected to bring a psychiatrist in to diffuse the standoff.
If someone you love has died because of the negligent actions of another party, you should contact our Maryland wrongful death law firm immediately.
Veteran's Family Sues Police, Counties, Washington Post, April 9, 2008
Reservist Due for Iraq Is Killed in Standoff With Police, Washington Post, December 27, 2006
Related Web Resources:
Post-Traumatic Stress Disorder, National Institute of Mental Health
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