Maryland Injury Lawyers Blog

Storm Update: President Obama has declared a State of Emergency in Maryland, VA, and DC. We should expect 60-80 MPH winds for up to 24 hours, tons of rain and possibly even snow. The storm is 500 miles wide. The storm is coming our way, and it will likely hit in Delaware, NJ or Maryland's Eastern Shore.

We are still about 24 hours away from the worst of this storm ....this gives enough time for our friends, family and clients to do what they need to do to be sure that they are prepared. We pray that all our friends, family and clients will be safe and endure this difficult weather coming in the days ahead.

1. The Basics: Fill your car with gas, stock up on food (non-perishables), withdraw cash from the ATM, and make sure that you have flashlights, a first aid kit and extra batteries (Have you noticed its impossible to find "D" battles?). A battery operated radio is a great idea too.

2. Evacuations: If you are told to evacuate, then PLEASE EVACUATE. This is common sense. This has the potential to be the type of natural disaster that we honestly have not seen around here in our lifetime. I know that Ocean City, MD has already been told to evacuate.

3. Loose Items: Tie down loose items in your yard, on your deck and on your porch (e.g. chairs, umbrellas, grille). Take what you can in-doors. With 60-80 mph winds do what you can to make sure that items do not come flying into your home and/or cars. Move potted plants indoors.

4. Insurance Claims: Keep in mind that most people who do not live close to the shore in Maryland, DC and Virginia do not have flood insurance. Homeowner's insurance will usually cover claims related to wind damage but not claims related to flood damage. Therefore, take pictures/video and do what you can to document that damage was caused by wind as opposed to from flood water. Be careful about giving recorded statement to insurance adjusters because they may ask tricky questions to try to get you to say that the damage was caused by water/floods as opposed to by wind. Our friends at the insurance companies ALWAYS ARGUE THAT DAMAGE IS CAUSED BY FLOOD DAMAGE AS OPPOSED TO WIND DAMAGE. We need to be ready for this!!!

5. Power Outages: Be prepared for long term power outages. Why would we expect anything else from our friends at PEPO, BGE, and Constellation Energy? Be sure to have a good supply of bottled water and non-perishables to eat.

6. Cell Phones: Be sure that your cell phones are charged, and that you have easy access to your car charger so that if power goes out you can charge your cell phone in your car.

7. Water: If power goes out it is possible that we could lose access to our water supply. It is a good idea to stockpile some water in case this happens.

8. It is a good idea to board up any glass windows to protect from flying debris.

9. IMPORTANT--If you know people who are frail, weak, homeless, sick, handicapped, elderly or alone, and if you feel that you have a relatively safe place to host them, consider inviting them over to weather the storm with you.

Again, our thoughts and prayers are with all of our friends, family and clients.

The numbers keep going up!

The Center for Disease Control is now reporting that there have been 23 deaths due to the fungal meningitis outbreak. The total number of cases know is 285. There are at least 16 known cases of fungal meningitis in Maryland and 41 known cases in Virginia. This outbreak is allegedly due to medicine made by a drug compounding company in Massachusettes. Patients across the country were given spinal injections with compounded medicine contaminated with fungal meningitis. What this means, in layman's terms, is that the fungal meningitis was injected directly into many patients spinal column. Government agencies estimate that as many as 14,000 back pain patients were given the contaminated medications.

If you or someone you love has been diagnosed with fungal meningitis call Goldberg, Finnegan & Mester, LLC at 888-213-8140 for a free phone consultation. Our medical legal team is currently investigating fungal meningitis cases.

What is the Food and Drug Administration saying about this epidemic? Well, they have confirmed that Exserohilum Rostratum in compounded drugs from the New England Compounding Company. The FDA is also providing doctors with a form letter to send to patients they suspect may have received contaminated medications. The form letter is located on the fda website.

Goldberg, Finnegan & Mester, LLC has been investigating the dangers of energy drinks for several months now, and on October 17, 2012 filed (with local counsel) what is believed to be the first wrongful death lawsuit against Monster Energy in California for the death of a minor child. The firm is interested in speaking with others who believe they suffered serious injuries such as heart attacks and strokes after consuming caffeinated energy drinks. Call us at 888-213-8140

The energy drink lawsuit was filed in Riverside County California on behalf of a 14 year old Hagerstown, Maryland child, Anais Fournier, who died after consuming two cans of Monster Energy Drink within 24 hours. A copy of the lawsuit is located at: Click here to see the Complaint.. The case was filed with co-counsel in California---Alex Wheeler and The R. Rex Paris Law Firm filed the lawsuit and it is anticipated that Kevin I. Goldberg will be moved in pro hac vice.

If you or someone you know has suffered a serious injury after consuming energy drinks contact us at 888-213-8140 for a free phone consultation about your legal rights.

Anais Fournier's story was reported on NBC's The Today Show in March 2012 and the episode can be seen here.

The story was also reported on Anderson Cooper's show "Anderson Live"

Anais Fournier was at home watching a movie when she went into cardiac arrest last December. Unconscious, Anais was rushed to the hospital. In an effort to save her life, doctors put Anais in an induced coma to reduce the brain swelling. Six days later she was removed from life support. The cause of death was caffeine toxicity according her doctors, the autopsy and death certificate.

Anais had consumed two 24-oz. Monster Energy drinks in a 24-hour period, the last drink just hours prior to her death. The two drinks combined are believed to have contained approximately 480 milligramsof known caffeine, the equivalent of almost 14 cans of Coca-Cola. The FDA requires soft-drinks contain no more than .02% or 71.5 mg per 12 oz of caffeine. However, Monster Energy's caffeine content is not regulated by the FDA because it is considered a "dietary supplement," and not a food, subject to FDA's caffeine restrictions, and the 24 ounce cans of Monster Energy do not specifically disclose the amount of caffeine. In addition to caffeine, like many other energy drinks, Monster Energy contains guarana and taurine, stimulants that contain caffeine or produce similar effects on the cardiac muscles. Monster Energy Drink also contains Panax Ginseng which is an herbal supplement that, according to the National Institute of Health's Medline Website, should not be consumed with caffeine.

The family filed a lawsuit today against Monster Energy for failing to warn about the product's dangers. The case was filed in California Superior Court (Riverside County). The Case Caption is Wendy Crossland and Richard Fournier, individually and as surviving parents of Anais Fournier v. Monster Beverage Corporation, Case No. RIC 1215551.

"I was shocked to learn the FDA can regulate caffeine in a can of soda, but not these huge energy drinks, said Anais' mother Wendy Crossland. "With their bright colors and names like Monster, Rockstar, and Full Throttle, these drinks are targeting teenagers with no oversight or accountability. These drinks are death traps for young, developing girls and boys, like my daughter, Anais."

"Nothing will replace the love and vitality of Anais. I just want Monster Energy to know their product can kill," added Crossland.

According to the Center for Food Safety Adverse Event Reporting System at the FDA, there have been six deaths and 15 hospitalizations reported associated with Monster Energy Drink since 2009.

According to a November, 2011 report by the Center for Behavioral Health Statistics and Quality, part of the U.S. Department of Health and Human Services (HHS), there has been a tenfold increase in emergency department visits associated with energy drinks between 2004 and 2009, totaling more than 16,000 visits in 2008, and sales have increased 240 percent during the same period.

In fact, in 2010, the state of Virginia banned the use of energy drinks such as Red Bull, Monster and Rockstar by student-athletes during high school football practices and games after noticing an increase in emergency room visits associated with the products.

"Monster, with their targeted marketing practices and promotion of energy drinks to teenagers, put profits over the safety of America's youth," said attorney Kevin Goldberg, of Goldberg, Finnegan, and Mester, in Silver Spring, Maryland. "Nothing can bring Anais back, but we can tell the world these energy drinks are harmful." Kevin Goldberg was the 2009-2010 President of the Maryland Association for Justice, and is one of the attorneys representing Anais Fournier's parents.

"Our hope is discovery in this case will shed light on Monster Corporation's practices regarding what they do or do not tell the public and FDA about the safety of their products," added Goldberg. The lawsuit alleges strict product liability, failure to warn and negligence in the design, sale and manufacturing of the product, among other claims.

"I want Anais' life to send a loud and clear message to today's youth that energy drinks can kill," added Crossland. "I would like nothing more than to have these drinks regulated by the FDA and ban the sale to minors."

Anais had believed organ donation was important. Her right kidney and pancreas were able to save the life of a woman in her forties. Her left kidney and liver saved a retired male nurse in his sixties. Her corneas were able to give two people who were blind the gift of sight. Just fourteen years old, Anais passed away December 23, 2011 and is survived by her parents, her twin brother, Dorian, and younger sister, Jade.

There have been numerous articles in peer reviewed medical journals about the dangers of energy drinks including:

Pediatrics--"Health Effects of Energy Drinks on Children, Adolescents and Young Adultspeds 2009-3592 full.pdfSteinke.Effect Consumption on Hemo.pdf

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Kevin Goldberg, Goldberg, Finnegan & Mester, 1010 Wayne Avenue # 950, Silver Spring, MD 20910 Phone: (301) 589-2999 x102. www.gfmlawllc.com

Our medical legal team is providing free phone consultations to anyone concerned about the fungal meningitis outbreak. As of October 15, 2012 the CDC reports that there are 214 confirmed cases, have been 15 deaths, and cases come from 15 different states.

Today the Food and Drug Administration issued a Statement on the Fungal Meningitis Outbreak. The FDA reports that a new product manufactured by the New England Compounding Center (NECC) has been associated with possible meningitis and/or infections--that is triamcinolone acetonide. This product is another injectable steroid similar to the methylprednisolone acetate which was previously believed to be the only culprit. The FDA also reports that patients administered a drug made by NECC and used in open heart surgery to paralyze heart muscles may possibly be associated with Aspergillus fumigatus infections.

The FDA is advising health care providers to stop using NECC products for the time being. Doctors are being told by the FDA to contact patients who were given NECC injectable products and let them know of the possible risk of an infection. Patients who received NECC injectable products and who experience symptoms of infection should see a medical doctor or report to the emergency room right away.

The symptoms of meningitis include fever, headache, stiff neck, nausea and vomitting, light sensitivity, and altered mental state. Symptoms for the other infections which could be possibly linked to NECC products include fever, swelling, increased pain, redness, eye discharge, chest pain, and surgical site drainage. Doctors are asked to report any adverse events following the use of NECC products to the FDA Medwatch Program at 800-332-1088.

The CDC is having a phone conference for physicians on Tuesday October 16, 2012 called Fungal Meningitis Guidance for Clinicians at 2:00 PM EST. The call in number for this is 888-791-6180 (passcode 1281914). We suggest that patients diagnosed with fungal meningitis and their loved ones may want to call in for this phone call in order to be sure they are knowledgeable of the most up to date medical information about the meningitis outbreak.

Our legal team is investigating product liability, negligence, and wrongful death claims relating to the fungal meningitis outbreak. Call us at 301-589-2999

The lawyers at Goldberg, Finnegan & Mester are offering a free telephone consultation to anyone who has been diagnosed with fungal meningitis; or anyone concerned that they may have been infected. There are currently 119 cases and 11 deaths that have resulted from an outbreak caused by a drug compounding company. At least 32 of these cases of diagnosed fungal meningitis were in Maryland and Virginia.

FREE MENINGITIS CONSULTATION 888-213-8140

The individuals who have been diagnosed with fungal meningitis received epidural injections into their spine to treat back pain. These injections are often given by medical doctors and/or pain management specialists in an outpatient setting. The tainted injections were given starting May 21, 2012. Symptoms of fungal meningitis often do not appear for quite some time after the initial contact. Symptoms include headaches, dizziness, fever and neck stiffness.

We are especially concerned about our current and past clients because many of them have back injuries from car accidents and receive epidural steroid injections as part of their treatment regiment. The Center for Disease Control is recommending that

"Clinicians should actively contact patients who have received medicines associated with three lots of preservative-free methylprednisolone acetate (80mg/ml) recalled on September 26." 2012.

The Center for Disease Control Website has an up to date map showing the number of confirmed diagnoses of meningitis in each state. While Maryland has just 8 confirmed fungal meningitis cases so far, the number is expected to rise, and there have already been two deaths in Maryland. Tennessee has 39 confirmed cases and 6 deaths.

In many car accident cases, we see severe injuries or even death, yet unfortunately the amount of insurance coverage available is insufficient to cover all of the damages. THe minimum amount of insurance coverage in Maryland is $30,000.00 per injured person and $60,000.00 per incident total. Therefore, there are many car wrecks where the victim has damages well in excess of the amount of insurance coverage available.

Just this week, a colleague of mine named Irwin Weiss published an article in Trial Reporter Magazine titled "Third Party Bad Faith: Getting More Than The Policy Limit." The article is well written and provides an excellent summary of the law governing third party bad faith insurance claims in Maryland. A few key points from the article are set forth below:

1. Maryland recognizes third party bad faith claims, and insurance companies owe a duty to their insured to use reasonable care in evaluating claims and settling cases within the available policy limits so as not to jeopardize the insured's assets. Sweeten v. National Mutual Insurance Co., 233 Md. 52 (1963); State Farm v. White, 248 Md. 324 (1967); Allstate v. Campbell, 334 Md. 381 (1994).

2. If an injured party obtains a judgment in excess of the policy limits of an insured, the cause of action for bad faith failure to settle the claim belongs to the insured and not to the injured party. Therefore, the injured party needs to obtain an assignment of the insured's bad faith claim in exchange for an agreement not to pursue the assets of the insured. The assignment procedure has been specifically approved by the Maryland Court's in Medical Mutual Liability Ins., Inc. v. Evans, 330 Md. 1 (1993). A lawyer can be helpful in properly obtaining the assignment of this bad faith claim, and our lawyers at Goldberg, Finnegan & Mester can be reached at 301-589-2999.

3. The damages in a third party bad faith claim in Maryland is the amount by which the judgment rendered exceeds the amount of insurance coverage. It is not clear whether an insured is entitled to emotional distress damages. Punitive damages are not available in Maryland unless it can be shown that the insurer acted with specific malice against its insured. Owens Illinios v. Zenobia, 325 Md. 420 (1992).

4. The factors considered in evaluating an insurance company's refusal to settle within policy limits are as follows: (i) severity of injuries/likelihood of verdict greatly in excess of policy limits, (ii) lack of proper investigation of accident, (iii) lack of skillful evaluation of plaintiff disability, (iv) failure of insurer to inform insured of a compromise offer within or near policy limits, (v) pressure on insured to make a contribution to settlement within policy limits as an inducement to settle, and (vi) actions demonstrating a greater concern for the insurer monetarty interest than for financial risk to insured. ( See State Farm. v. White).

5. It is important to hire a lawyer skilled and knowledgeable about how to proceed with obtaining compensation in excess of the policy limits. This includes hiring a lawyer who understands the importance and signficance of writing a "Bad Faith Letter" to the insurance company urging settlement within the policy.

Our team of lawyers has experience in handling bad faith claims in Maryland; and we will explore all options for locating additional insurance coverage and/or establishing bad faith so that compensation in excess of the coverage can be obtained. Of course it is not possible to obtain compensation in excess of the amount of coverage in every case. The important thing for those seriously injured to know is that they need to hire a lawyer who understands insurance coverage, bad faith, and knows how to increase the likelihood that full compensation for the injured party can be obtained.

The CDC has reported a fungal meningitis outbreak, and has linked the problem to epidural steroid injections used to treat back pain. 35 cases have been reported with cases in Maryland, Virginia, NC, TN and Florida. Victims who have contracted the meningitis have died and others are seriously injured. If you or a loved one have received injections for back pain and have odd symptoms such as headaches, dizziness or difficulty walking you should contact your doctor right away.

We have learned that New England Compounding Center in Framingham Mass apparently voluntarily recalled three lots of 80 mg injections of methylprednisolone acetate (PF).

You may wonder, what is meningitis? Meningitis is a medical condition when the spine becomes inflamed due to bacteria and/or viruses. The fungal meningitis that is the subject of this particular outbreak is not believed to be contagious from person to person. That said, however, the fungal meningitis condition is difficult to treat. It is often found in those with compromised immune systems such as cancer patients and individuals who are HIV positive.

NBC News has reported that 35 people have been diagnosed in this outbreak and 5 of them have died.

Goldberg Finnegan & Mester is evaluating product liability cases relating to this fungal meningitis outbreak in Maryland, Virginia and Washington, D.C. Call us at 301-589-2999 x102.