July 2010 Archives

July 28, 2010

$34 Million Dollar Verdict in Baltimore City Carbon Monoxide Case

A Baltimore City Jury awarded $34 Million Dollars to 20 restaurant workers who were exposed to carbon monoxide in 2008. As a result of the exposure, they suffered brain damage, personality changes and other damages. The carbon monoxide leak was discovered in February 2008 when the Baltimore City Fire Department received a call that restaurant workers were becoming sick. The Maryland jury trial lasted 13 weeks because the damages claims of all 20 plaintiffs had to be presented to the jury. The case was tried by Billy Murphy, Don Discepolo and other members of The Murphy Firm. If you or someone you love is exposed to Carbon Monoxide you should seek immediate medical attention.

CO poisoning occurs when carbon monoxide gas emits from burning oil, kerosene, wood or charcoal. When carbon monoxide is breathed in, it replaces hte oxygen in your blood which then causes the cells in your body to die and organs can stop working properly. You cannot see or smell carbon monoxide. Sources of carbon monoxide include cars, fireplaces, woodstoves, water heaters, ovens, and dryers. Symptoms of Carbon Monoxide poisoning include headaches, nausea and vomitting. After getting medical attention, it is a good idea to contact a lawyer so that a proper and prompt fact investigation can be done to determine what the cause of the carbon monoxide exposure was. If it is from an appliance, it is important to preserve the at fault appliance and trace its maintenance history. If you or someone you know if exposed to carbon monoxide feel free to contact the lawyers at Goldberg, Finnegan & Mester at 888-213-8140 for a free consultation. Kevin Goldberg, kgoldberg@gfmlawllc.com 888-213-8140

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July 25, 2010

Cell Phones and Car Crashes---The ticket to additional Insurance Coverage?

I would estimate that 30% of the car crash injury cases we see involve a defendant driver who was talking on the cell phone or sending a text message while driving. Of these crashes, many of the phone calls are work related calls/text messages which can be the ticket to additional insurance coverage and additional defendants.

The defendant does not always admit to talking on the cell phone at the time of the car accident, and it is often hard to prove. However, in serious injury cases and in wrongful death cases, it can be vitally important. Say there is a car crash-a rear end accident-on Interstate 495 in Montgomery County, Maryland. Hypothetically the defendant driver is driving a 2001 Oldsmobile with minimum limits of insurance coverage ($20,000/$40,000.00 in MD). The Defendant driver makes an unsafe lane change while talking to a client on his cell phone, causing a terrible crash where John Smith is injured. Smith breaks his neck and is, unfortunately paralyzed. The innocent victim driver Mr. Smith is going to be limited in his recovery to the amount of his uninsured motorist benefits. Unfortunatley, the amount of coverage available will not come close to covering his lifetime of medical expenses.

However, if a lawyer can prove that the defendant driver was on his cell phone for work at the time of the crash, then the defendant driver's employer can be sued under a vicarious liability theory. Typically companies, even smaller ones, have larger insurance policies than individual drivers. It is not unusual for a small business to have a million dollar commercial insurance policy to cover instances such as accidents when its employees are talking on the cell phone for work purposes.

In this day and age, lawyers need to be aware of the fact that additional insurance coverage can be triggered by establishing that a motor vehicle driver is talking on the phone or texting for work purposes at the time of the crash.

July 10, 2010

Gulf Oil Spill's Impact on Maryland and Washington, D.C. Seafood Industry

Those living in the Gulf States are not the only ones feeling the impact of the Gulf Oil Spill caused by British Petroleum. Maryland, Virginia and Washington, D.C. businesses including wholesalers, seafood purchasers, retailers, restaurants and grocery stores are impacted by what BP has done. There is a great article in today's Washington Post written by Ian Shapira that illustrates why the spill that occurred hundreds of miles from here is having an impact on those in the seafood industry. The title of the article is "Seafood With a Side of Dread" and it traces a purchase by Whole Foods of seafood in Florida and shows how the oil spill impacts pricing and the seafood market. Many grocery stores in Maryland stock up with South Atlantic seafood such as tuna and swordfish. As a result of the oil spill, and as a result of the fear of oil getting into the Gulf Stream and coming up the east coast, prices are already on the rise. The Washington Post reported today that the price of Shrimp is already up $2-$4 per pound. The price of crabs and oyster are also on the rise according to industry insiders we have spoken to.

A big fear is that if Florida and other east coast fisheries are shut down (if oil gets into the Gulf Stream), then buyers will have to buy imported fish or will have to buy more expensive fish (Tuna and Swordfish) from fisheries further up the east coast. If this happens even more people in the Maryland/East Coast Seafood industry will be impacted. Companies that rely on large grocery store chains making purchases will be hurt if they buy from other countries outside of the United States rather than from East Coast and Florida fisheries. The seafood market is quite complicated and complex.

If you are a seafood wholesaler or a salesman in Maryland, Washington, D.C. or Virginia and if you have economic loss as a result of the bp oil spill we believe that you have a valid claim for negligence and under the Oil Pollution Act. Our Maryland law firm will represent you and assist you in presenting your claim to the $20 Million Dollar BP Claims Fund which is run by Kenneth Feinberg. Having represented victims of the September 11, 2001 bombing in their claim against the 9/11 fund administered by Mr. Feinberg, we have the experience to properly put your BP Claim together and make certain that you are properly compensated for your losses. We handle such cases on a contingent fee basis meaning that there is no attorney fee if there is no recovery.

In addition to the seafood wholesalers we also believe that restaurants in Maryland, Washington, D.C. and Virginia that suffer a decrease in sales revenue and/or profits as a result of the BP Oil Spill are entitled to compensation. If you want more information, you can email me at kgoldberg@gfmlawllc.com or you can click below to learn a little more about Goldberg, Finnegan & Mester's work on behalf of oil spill victims:

http://www.myfoxdc.com/dpp/news/silver-spring-lawyer-helping-gulf-fishermen-in-class-action-lawsuit-against-bp-070510

http://www.gazette.net/stories/06302010/takonew184202_32568.php

http://www.bizjournals.com/washington/blog/2010/06/locallawyerhelpsbpvictims.html

Our website is at www.gfmlawllc.com.

July 10, 2010

Oil Spill's on Maryland Businesses

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July 7, 2010

Some Information For Our Virginia Friends

My cousin Judith Storey works for the Patient Advocacy Foundation, a non-profit in Hampton, Virginia. I find what she does fascinating and thought it might be a useful resource for our clients and friends in Virginia. The group administers the Virginia Cares Uninsured Program and they assist patients struggling to pay their medical bills who have chronic and severe illnesses. The goal of the group is to ensure access to care. In the past 12 months the group has helped well over a thousand new patients relieving them of about $3.4 million in health care costs and prescription medication costs through write offs, reductions and grants. The group will make phone calls and persistently advocate on behalf of its clients to try to be sure that the patients are not overcharged, and when appropriate, they seek charity write offs on behalf of their patients. It typically takes about 45 days and over a dozen phone calls to accomplish this in each particular case. Many of those who the group helps have health insurance, but due to serious illness are overwhelmed by co-pays and deductibles. Many of those assisted have been affected by layoffs and closures like what occurred at the International Paper Mill outside Franklin, VA.

If you or someone you know who lives in Virginia can use the assistance of this group and/or for more information, visit their website at http://www.pafcares.org/ My cousin Judith Storey has recently been named the Headquarters Assistant Director and I am very proud of the work that she does.

Goldberg, Finnegan & Mester is a law firm that represents those injured and disabled. If you have suffered an injury due to medical malpractice, a car accident, or workman's compensation, call us at 888-213-8140 or visit our website at www.gfmjustice.com. We also represent individulas in their claim for disability benefits such as long term disability denials, short term disability, and social security disability claims.

July 7, 2010

Maryland Moped Driver Killed in Crash With Pickup Truck

There was a terrible car accident in Howard County, Maryland this week where a moped and a pickup truck crashed. Our thoughts and prayers go out to the family of Mohammed Hammad Chaudhry who was killed in this terrible accident. This occurred on Sunday July 4 just before 1 PM near Columbia, Maryland. The driver of the pickup truck was Marganta Gonzalez Cruz. From news reports, it appears that Ms. Cruz failed to yield the right of way as she was making a left turn from the westbound lane. It is important that his family consider hiring a private investigator and/or an attorney to further investigate this crash to determine exactly how and why it occurred. Was Marganta Gonzalez Cruz on her cell phone at the time of the crash? Had she been drinking? Are there any skid marks on the road way? Quite often, especially on a holiday weekend when police resources are strapped, the police investigation into a horrible car crash resulting in death is too cursory and does not get to the root cause of the crash.

It is not always enough to rely on the police/government accident reconstruction. Also, a request should be promptly made to the howard county authorities to preserve and and all 911 calls made about this incident. Was Ms. Marganta Cruz working at the time of the crash? This is important because if she was, then her employer may be legally responsible for the incident and this would trigger additional insurance policies. Mr. Chaudhry's family members can bring wrongful death claims and his estate can bring a Survival Claim under Maryland law. For more information about what to do about a catastrophic car crash, and to learn about the various avenues of legal recovery, visit www.gfmlawllc.com.

July 7, 2010

Carbon Monoxide Poisoning Victims in Greenbelt Maryland

Unfortunately, 11 people including five minor children have experienced carbon monoxide poisoning accourding to Prince George's County EMS. This was the result of a faulty water heater that, in all likelihood, was negligently maintained by the landlord. Those exposed to carbon monoxide may very well have a valid negligence lawsuit against the landlord. For more information, call us at 888-213-8140. The Prince Georges County Maryland authorities were called to an apartment building around 3:30 pm on Thursday after a CO detector went off. Carbon Monoxide levels were about 30 times what is considered safe and permissible. Some of those exposed to the carbon monoxide were treated on the scene and others were taken to the hospital. I am surprised that they treated people at the scene. When an individual is exposed to carbon monoxide, the treatment for carbon monoxide poisoning is high doese oxygen. In the more severe cases, hyperbaric pressure chambers of oxygen may be used. Individuals exposed to Carbon Monoxide should seek medical treatment right away at a hospital or emergency department. Even WebMD says "You must seek medical care in a hospital emergency department." Carbon Monoxide poisoning can cause severe brain damage and even death. Because the signs and symptoms of carbon monoxide poisoning are not specific, it is important to get a blood test if you have been exposed to carbon monoxide. Carbon Monoxide Poisoning is usually caused by gas water heaters, kerosene space heaters, charcoal grills, propane heaters and stoves, generators, cigarettte smoke.

If you or someone you love have been exposed to carbon monoxide, and if you or your loved ones are among those exposed to carbon monoxide in Greenbelt Maryland, you should seek appropriate medical testing to be sure that there is no brain damage or other injury. The lawyers at Goldberg, Finnegan & Mester can help investigate the cause of the exposure and seek legal redress and compensation for your injuries resulting from carbon monoxide poisoning. We can be reached at 888-213-8140 and our website is www.gfmlawllc.com. For more information about carbon monoxide poisoning, see the EPA Website and/or the Center for Disease Control Website.

July 6, 2010

Silver Spring lawyer fights for BP oil spill victims in Louisiana

In 2005, Hurricane Katrina left St. Bernard Parish of Eastern Louisiana under water for nearly three weeks. In less than a month, the fishing community was swallowed up by Hurricane Rita's flooding. Five years later, the community's main source of income has been crippled by the BP Gulf oil spill.

Continue reading this article.

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July 6, 2010

Silver Spring Lawyer Helping Gulf Fishermen in Class Action Lawsuit Against BP

On Monday July 5, 2010 WTTG Fox 5 news did a short story on Goldberg, Finnegan & Mester's work on behalf of BP Oil Spill Victims. The Silver Spring, Maryland law firm is representing numerous individuals and small businesses impacted by the oil spill. If your business has suffered a loss because of the oil spill, call us at 888-213-8140. We are of the opinion that even restaurants and seafood distributors in Maryland, Washington, D.C. and Virginia may have a valid claim for compensation as a result of BP's negligence. Our lawyers have experience handling claims before Kenneth Feinberg and the 9/11 Victim Compensation Fund, and we intend to utilize that experience in presenting claims to the BP Claim Fund administered by Special Master Feinberg.

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