Maryland Injury Lawyers Blog

This month's Trial Magazine, a publication of the American Association for Justice, has some great articles for Maryland auto accident lawyers. My favorite is an Article by my friend David Kopstein on Defeating the Sudden Emergency Defense. David's article discusses strategies for defeating a defendant's claim that the accident occurred because of a sudden medical emergency. He discusses that in order for such a defense to succeed, the defendant must show he became physically incapacitated, the incapacity was not reasonably foreseeable, the incapacity rendered him unable to control his vehicle, and the car crash was caused by a loss of control relating to the sudden medical incapacity. In Maryland car accident cases, I have seen defendants raise this defense on several occasions, but have never seen it be successful at trial. The article also discusses that a doctor can be liable to a driver injured in a crash for failing to warn the patient of the risk of incapacity relating to taking the medication.

Another article discusses liability of contractors and municipalities for roadway drop-off cases. The article explained that the Federal Highway Administration estimates 11,000 are injured each year and 160 die in crashes related to unsafe pavement edges.

There is also an article on vehicle rollover deaths and injuries. Apparently rollovers account for 1/3 of all deaths in light vehicle accidents and are responsible for 10,000 deaths per year and 24,000 serious injuries per year. The article discusses that the auto industry has been very slow to make appropriate and known safety changes and states "With the adoption of a weak federal roof crush standard in 1973, manufacturers lost their incentive to make a roof capable of protecting occupants in rollover accidents."

The Maryland Insurance Commissioner, Ralph Tyler, has proposed 4 bills before the Maryland Legislature, that if passed, will help consumers have better access to health care. In Maryland, we are lucky to have an Insurance Commissioner who is not only fair, but who puts the interests of consumers on at least equal footing with the interests of the insurance industry.

One of he proposed new bills would require Maryland Health Insurance Companies such as Care First BlueCross BlueShield to spend more money on providing health care. It would increase the medical loss ratio (the percentage of each premium dollar spent on medical care) and presumable require insurance companies to operate more efficiently and possibly keep corporate executive salaries in check. This will help not only consumers, but doctors as well. Tyler's proposed legislation would increase the amount of each premium dollar spent on medical care from 75 cents to 85 cents. Our Maryland Medical Malpractice law firm handles cases against health insurance companies and we fight to hold insurance companies and medical providers liable when they hurt consumers.

Like Commissioner Tyler, we fight for Maryland consumers. For example, when a client of ours is injured in an automobile accident, we are often able to find a medical provider to provide treatment even if the client does not have health insurance. The health care provder would have a lien on the client's personal injury case or we would help the health provider collect PIP benefits (personal injury protection benefits) and/or Medpay benefits. Ralph Tyler won the Maryland Trial Lawyer Association's Civil Justice Award in 2008.

Medical advisers to the FDA have recommended the banning of Darvon, commonly known in its combination drug form, Darvocet (which also contains acetaminophen). Darvon has been in use for pain treatment for more than 50 years.

An advisory panel to the Food and Drug Administration recommended withdrawing Darvon from the market. Though not required to follow such recommendations, the FDA often does so.

Since its initial approval in 1957, Darvon, in its main incarnation as Darvocet, has become one of the top 25 most commonly prescribed medications, with over 20 million prescriptions written in 2007.

The review of Darvon was initiated by petition by a concerned citizen group, which has been calling for review of the drug since the 1970's. Drug manufacturers maintain that Darvon and Darvocet are safe and effective when used correctly.

Darvon was banned in the UK in 2005. The FDA may decide to do the same, or to enact stiffer warnings, additional safety studies, or other measures. In a review preceding this one, the FDS's internal safety office found more than 3,000 reports of serious problems related to Darvon, including suicide, drug dependence and overdoses.

It is possible that this news will lead to dangerous drug class action litigation, or individual drug torts. All those who have been negatively affected by Darvon or Darvocet and wish to explore legal action should contact a Washington DC drug litigation attorney immediately to assess the prospects of his or her case. This is perhaps the most important step in winning what you deserve through your case.

On Sunday February 1, 2009 a terrible Maryland car accident occurred on Veirs Mill Road in Rockville, Maryland which is in Montgomery County. It occurred near the Rock Creek Terrace Apartment Complex. A high school student named Thiago Andrade was killed and the driver, Johvanny Garmendez was critically injured. Photos of the vehicle in The Washington Post indicate that the car was basically cut in half when it crashed into a tree. The Montgomery County Police Department is still investigating this incident. Mr. Andrade was a junior at Rockville High School. It is apparent that he was an incredible person. He was in a college preparation program that is for low-income families, and many in that program are the first in their family to attend college. His principal, Debra Munk said "he was very well liked and well on his way." The police are still investigating and looking for witnesses to the crash. If you saw the crash, you should call 301-840-2435.

Our thoughts and prayers go out to the family of Mr. Andrade and to Mr. Garmendez. Although legal claims are the last thing they are probably thinking about, it is important that the vehicle itself be preserved so that an expert can examine it and determine whether the vehicle was crashworthy. Crashworthiness cases involve a product liability claim against the car manufacturer claiming that a design defect caused increased injuries to the occupants of the vehicle when the crash occurred. The case in Maryland recognizing the product liability crashworthiness doctrine is Volkswagon of America v. Young, 272 Md. 201, 321 A.2d 737 (1974). Car Manufacturers are required to use reasonable care when designing a car to make sure that drivers and passengers are not subjected to unnecessary risks of injury. For more information about the Crashworthiness Doctrine and how to maximize compensation in catastrophic car accident cases see the Article written by Kevin I. Goldberg at http://www.gfmlawllc.com/pdf/summer_article_2008.pdf which was published in Trial Reporter Magazine's Summer 2008 Edition.

Unfortunately, quite often families of those involved in catastrophic and fatal Maryland car accidents or tractor trailer accidents are unaware of their legal rights, and therefore insurance companies will dispose of the vehicle itself which is absolutely essential in order to successfully prosecute a product liability claim against a car manufacturer. If you need a Maryland attorney for your car accident or truck accident case in Maryland, D.C. or Virginia, call Goldberg, Finnegan & Mester, LLC at 301-589-2999.

A couple of days ago our firm obtained a verdict of $188,467 on behalf of a client who was rear ended in a car accident back in 2006. Our client's vehicle sustained significant property damage, and she had a back injury. The case went to trial before Judge Bernhardt in Howard County, Maryland. The lawyers who presented the case to the jury were Kevin Finnegan and Tad Farrington. The insurance company for the defendant driver made a lowball offer of only $37,000.00 prior to the trial arguing that much of her medical treatment was unrelated to the accident and that her injuries were not permanent. The verdict was over five times the amount of the insurance companies settlement offer. Our Maryland lawyers fight hard for our clients, and do whatever it takes to make sure that insurance companies treat our clients fairly. I believe that there are many law firms out there that do not like to try cases, and they would have tried to convince their client to accept the low offer from the insurance company. Every personal injury lawsuit is different and factors such as the venue/county where the case will be litigated, how the plaintiff will present, and the strength of the evidence have to be taken into consideration. At Goldberg, Finnegan & Mester, LLC we are proud of the fact that when insurance companies make a low settlement offer to our clients, we will, when appropriate, hold their feet to the fire and take the case to trial. Howard County, Maryland is known for having a conservative jury pool, and there are not many good plaintiff verdicts from that jurisdiction. Our attorneys have had great success in getting great verdicts in personal injury cases/car accident cases in the tougher venues in Maryland such as Howard County, Montgomery County, and Calvert County. We believe that the insurance companies know that our firm goes to trial--we are trial lawyers--we are litigators--and we are NOT a settlement factory. That fact alone encourages the insurance companies to offer our clients better settlement offers in many of our cases. Kevin Finnegan and Tad Farrington did a great job on this case. This comes as no surprise. Kevin Finnegan is listed in Maryland Superlawyers for 2008 and 2009. Tad Farrington obtained the biggest verdict ever in a car accident case in Calvert County, Maryland.

In 2003 and 2004 tap water in many Washington, D.C. homes had hundreds of times the lead levels considered safe, and this may have caused injury to children residing in the District of Columbia. The D.C. Water and Sewer Authority was apparently aware of the rising lead levels problem for a long time before they told authorities--perhaps as early as 2001 (reported by the Washington Post).

The D.C. Department of Health and EPA were made aware of the high lead levels in 2003 but did not warn residents or suggest that they drink bottled water. An independent study shows that 42,000 infants and fetuses in the District of Columbia were put at a high risk of irreversible brain damage during Washington, D.C.'s water crisis in 2004. The D.C. Council is now asking the inspector general to investigate whether D.C. WASA should have looked harder for a correlation and whether it negligently and intentionally misled the public. The water agency had gone on record saying that there was no evidence that the elevated lead levels in the water impacted children's health.

The D.C. WASA (D.C. Water and Sewer Authority) and perhaps the D.C. Government underestimated the danger to children in order to avoid blame and legal responsibility. It has been known for decades that exposure to elevated levels of lead is extremely dangerous to children. That is why lead paint and lead in household products such as toys is strictly regulated. Children injured by exposure to the lead in the drinking water have legal rights, and our law firm can help. Our Washington DC law firm can bring a lead paint lawsuit against those responsible on behalf of our clients. If you believe that your child has been injured and/or exposed to lead paint poisoning, and/or if you live in Washington, D.C. and your child has brain damage, call us for a free consultation at 202-887-5533. There is no attorney fee if there is no recovery.

Montgomery County has not released a report on declining water quality in the County. The report has existed for at least six months, and it should have been released a long time ago. It apparently documents a steady decline in water stream health in northern Montgomery County where expansion, development and construction have been rampant in recent years. Sediment Control Systems used by builders (and required by Montgomery County) in Clarksburg have apparently been inadequate. Hopefully, the Montgomery County Council will hold a hearing on why this delay occurred, and the extent and cause of the environmental problems. The problems we are seeing now were foreshadowed by environmental reports based on 2006 data and should not come as a surprise to politicians and the business community who certainly had access to that data.

Other areas affected besides Clarksburg are Paint Brach, Rock Creek and Piney Branch. Clarksburg has been affected the most. Residents of Montgomery County generally, and Clarksburg in particular, should consult with legal counsel to determine what their rights are. A lawsuit could possibly be brought against any construction companies and/or contractors who have not complied with State, County or Federal requirements, if it can be shown that water quality has been adversely affected and/or that there are health problems as a result. Causes of action include negligence claims, nuisance claims, and trespass claims. Another major concern is that the value of properties in these areas will be decreased as a result of the polluted waterstream. It is simply wrong that this report has been withheld from the public. Residents of Clarksburg and Montgomery County who believe that they are sick and/or that their property value declined as a result of this pollution should contact an attorney as soon as possible. To the extent that there are any claims against the State or County, residents should know that the Local Government Tort Claims Act requires that notice be given to the County Executive (Ike Leggeett) within 180 days of the injury occurring (This statute is at 5-304 of the Courts & Judicial Proceedings Article of the Maryland Code). If this statutory requirement is not met, then the claims will be barred by sovereign immunity. It is obviously troubling and of great concern that the report has existed for 6 months and residents may now have lost their opportunity to bring claims against the County and County Officials. Claims against the State of Maryland are governed by the Maryland State Tort Claims Act, and the notice requirement under that statute is one year. The general statute of limitations for negligence claims against private parties (such as construction companies) in Maryland is 3 years from the date of the injury. This is codified at 5-101 of the Courts and Judicial Proceedings Article of the Maryland Code. If you believe that you have a claim for damages as a result of damage to the water quality in this Montgomery County, call our Silver Spring Law Firm at 301-589-2999 today.

Washington has seen big changes recently, and all eyes have been on the capital. Where it will all head is a subject of intense debate, equal parts anticipation and trepidation. However, for the average Washington DC motorist, life goes on along the highways, boulevards, and sidestreets.

A Washington DC automobile accident is inevitable for many, and for this reason Washington DC auto accident attorneys remain an important part of our capitol. If our capital city can be said to stand for the system of representation through government, a Washington DC accident law firm certainly stands for representation through the legal system. One individual or entity representing another is a pillar of government and judicial procedure. This time of inauguration is not one to forget the initial stirrings caused by "taxation without representation" over 225 years ago, and clearly this nation learned a lesson, championing representation since our founding.

In any breach of personal injury law, some duty has been violated, some damage sustained between two citizens. Such is the case in a Maryland car accident. To maximize justice, our legal system takes this initially private dispute/encounter and allows professionals, Virginia auto accident attorneys, to represent those involved. These professionals know the laws, know the procedures, know the ropes, and take thier clients' interests into the courtroom

Hiring an expert Washington DC auto accident attorney means investing in that representation, putting support and belief behind your lawyer and the system of representation upon which this country has been built. The efficacy of this system is well-proven, its fundamentals remarkably concise. If and when you find yourself involved in a Maryland auto accident: invest in it.

The attorneys at Goldberg, Finnegan & Mester are well trained in fairly evaluating cases so that our clients can anticipate and appreciate realistic outcomes. When cases can be resolved fairly for all, through mediation, arbitration, or other Alternative Dispute Resolution (ADR) methods, our lawyers can aid in achieving that result. When cases must be tried, our attorneys have extensive experience in the courtroom and will fight for your rights. Whatever the practical or legal issues that arise out of an automobile collision, our Maryland car injury lawyers are prepared to address them in order to meet and exceed client objectives and goals.

Have you or someone you know been injured in a traffic collision? If so, contact one of our Maryland Auto Accident Attorneys to receive a FREE Case Evaluation today!

Kevin Simpson of Bumpass, Virginia was killed on Saturday as a result of a truck accident in Virginia. He was riding in the bed of a Chevrolet S-10 Pickup when the motor vehicle had an accident and crashed into a tree in Manassas, VA. This occurred along Quarry Road near Battery Heights Boulevard. Mr. Simpson was ejected from the vehicle and died at Prince William Hospital. The driver of the pickup, Mr. Stephen McDonald, and another passenger was flown to Inova Fairfax Hospital and obviously suffered serious injuries as well.

Another car accident occurred in Dale City, Virginia when a woman was struck and killed by a car about a mile from her home in Prince William. Ms. Barbara Hicks was in the crosswalk near Minnieville Road and Prince William Parkway when this occurred. Ms. Hicks estate and family members can bring a negligence lawsuit against the driver of the vehicle that struck her for negligence. Her family should act promptly and hire an aggressive motor vehicle accident lawyer to preserve the necessary evidence, conduct the post accident investigation, and set up the estate so that the appropriate legal claims can be brought.

Our auto accident law firm represents families of those injured or killed in car accidents in the Commonwealth of Virginia.

Tragically, a Medivac helicopter crashed on September 27, 2008 killing 4 people and injuring others. Those killed include Stephen Bunker, Mickey Lippy, Tanya Mallard and Ashley Younger. Jordan Wells was a passenger who survived the crash. The safety board has released hundreds of pages of information about the crash in anticipation of an upcoming hearing on the matter. The facts surrounding why this crash occurred are now coming to light. It appears that the pilot was given old information--an aged weather report--instead of the fresh information that he should have been given. Guidelines call for state police-run helicopters not to initiate flights at night when the cloud ceiling is less than 800 feet above ground level. The controller who relayed the information told investigators that the weather report is supposed to automatically update. This controller, Mr. Kendall Young, has been assigned to administrative duties during the crash investigation. As it now is apparent that this crash never should have occurred in the first place, it will be interesting to see if the Maryland Legislature addresses this issue at the upcoming Legislative session in Annapolis, Maryland.

Relatives of those involved in the crash need to act promptly to preserve their negligence claims, product liability claims, and workman's compensation claims. Since governmental agencies are involved, issues of sovereign immunity may apply that require notice to be formally given to the State of Maryland and/or Local Governments (e.g. Prince George's County/Charles County) regarding claims for unliquidated damages. It is important that those injured and the families of those killed in this crash hire an attorney as soon as possible. Our Maryland attorneys would be glad to help and can be reached at 301-589-2999 x102

If you are struck by an uninsured vehicle, underinsured vehicle or a phantom vehicle in Maryland, then you can and should make an uninsured motorist claim on your own policy. If you do not own a car, but if you live with others in your family who do own a car, then you may be able to make an uninsured motorist claim on their policy.

Maryland's legislature requires that all insurance policies issued in the State of Maryland have uninsured motorist coverage in the same amount as liability insurance coverage unless an appropriate waiver has been signed (See Section 19-509 (e) of the Insurance Article of the Maryland Code). Maryland Courts have explained that the purpose of the requirement for uninsured motorist coverage (also known as "UM coverage") is to assure financial compensation to innocent victims of motor vehicle accidents who are unable to recover from financially irresponsible uninsured motorists. See Matta v. Geico, 705 A. 2d 29.

Unfortunately, in Maryland taxicabs and government owned vehicles are not required to carry uninsured motorist coverage. Pope v. Sun Cab Co., 488 A.2d 1009. Also, practitioners should note that uninsured motorist coverage does not stack in Maryland. Section 19-511 of the Insurance Article of the Maryland Code governs how a tort victim who is injured as a result of the negligence of an under insured motorist can go about settling with the underinsured tortfeasor, while preserving his right to pursue the additional UM benefits he may be entitled to. The written offer from the tortfeasor's carrier needs to be sent via certified mail to the UM carrier. The UM Carrier then has 60 days to consent to the acceptance of the offer and execution of a release, or to refuse consent. If consent is refused, the insurance company must pay the amount of the settlement to the injured party (this preserves their subrogation rights).

As a consumer, I would advise that everyone make sure that they purchase as much uninsured motorist insurance as they can afford, and as will be permitted to be sold to them. It is important because is you are injured as a result of a collision with an uninsured motorist, you want to be sure that you and your family receive compensation as if the party that caused the accident in fact had adequate insurance.

The Maryland Auto Accident Attorneys at Goldberg, Finnegan & Mester, LLC can give expert compensation claims advice. They handle claims from a variety of accidents and negligence including car, work, and medical accidents.

The Maryland Daily Record reports that A Baltimore County, Maryland jury ruled in favor of the Defendant doctor and St. Joseph Medical Center in a recent medical malpractice case involving gallbladder removal surgery. The Plaintiff was represented by Salsbury, Clements, Bekman, Marder & Adkins of Baltimore City, MD (a good law firm--they do not lose very often). In this case the patient, age 78, arrived at St. Joseph's Medical Center Hospital with abdominal pain (stomach pain) with an inflammation of the gallbladder and a dilated bowel. Dr. Lerman removed the gallbladder the next day. The bowel widened but Dr. Lerman says he did not find evidence of a bowel obstruction. Later tests showed a small-bowel obstruction so a second surgery was done to remove the blockage and reconnect the small intestine. The patient later developed complications including a hernia. The doctors did not prepare a mandatory post-operative report following the second surgical procedure. The patient's lawsuit alleged that the doctor was negligent. The Baltimore jury disagreed and found in favor of the defendant doctor. The claims made in this medical malpractice lawsuit were for negligence and loss of consortium. Suit was filed on June 25, 2007 and the verdict came in on November 25, 2008.

This case shows that surgical medical malpractice cases are difficult to win. By the time they go to trial, it is typically one expert saying the surgeon was negligent and breached the standard of care, and the other expert saying that the surgeon complied with the standard of care and that the damages are simply and adverse consequence of surgery (not all surgeries go well, even when procedures are done perfectly). Our law firm handles and reviews surgical malpractice cases and have had particular success handling cases involving gastric bypass surgery that is done wrong and/or performed on inappropriate candidates. If you or a loved one had a surgical procedure that did not go well and that resulted in serious injury or death, call us so that our Maryland attorneys and/or trained nurse attorneys can review the facts and determine if the bad result was the result of a medical error.

Metro Verdicts Monthly just published the median verdicts and settlements involving fractured femurs in Maryland ($75,000.00), the District of Columbia ($250,000.00) and Virginia ($187,500). These statistics are based on cases set forth in Metro Verdicts Monthly since 1987. In August, 2008 GFM partner Christian Mester settled a case for $455,000 on behalf of a Maryland man who suffered a fractured femur. While each case is different, and the results of any particular case depends on the facts, we are proud of the fact that our firm obtained a settlement of that is over 6 times the published median settlement amount for Maryland fractured femur cases. Quite often, the settlement value of the case depends on the strength of the liability against the defendant, the venue in which the case is pending (cases in Prince George's County and Baltimore City, Maryland are worth more than cases in Montgomery County and Anne Arundel County, Maryland), and the impact that the fractured femur will have on the claimant. If you or someone you love suffers a fractured femur as a result of a car accident, medical malpractice or the negligence of another person or corporation, we would be glad to discuss how we can help you. We believe that fractured femur lawsuits are significant because the femur is known to be amongst the biggest and strongest bones in the human anatomy. The femur is essentially the thigh bone and it extends from a person's hip to their knee joint. It generally takes a very significant impact to fracture the femur and such fractures are often caused by high impact car accidents, tractor trailer accidents, falls from heights and work related injuries. Individuals with osteoarthritis or weak bones are subject to femur fractures at lower thresholds than those with normal healthy and strong bones. If you or someone you love suffered a femur fracture call us at 301-589-2999 x102 or toll free at 888-213-8140. Our Maryland Personal Injury Lawyers generally handle femur fracture cases on a contingency fee basis which means that there is no attorney fee if there is no recovery in the lawsuit.

Yesterday there was a Washington DC bus accident in the District of Columbia involving a D.C. school bus and a sports utility vehicle. Fortunately, there were only 3 or 4 people on the school bus at the time of the impact. The car accident occurred in the Southeast(SE) quadrant of Washington, D.C. As a result of the crash, four people were sent to the hospital and at least two people had serious injuries.

The school bus accident occurred at 28th Street and Pennsylvania Ave. SE when a Cadillac Escalade collided with the bus. The school bus driver was seriously injured in the crash as well. We certainly hope that those injured in this accident have a speedy recovery. If they intend to seek compensation for their injuries, they should act quickly.

At this time it is unclear to me whether the impact was due to the negligence of the SUV driver or the school bus driver, or both. If the accident was the due solely to the negligence of the SUV driver, there may be inadequate insurance coverage for all of those injured to be fairly compensated.

In that case, those injured may need to make timely uninsured motorist claims against their own car insurance policies. If the accident is due to the negligence of the school bus driver, then those making claims must put the D.C. Government on Notice pursuant to Section 12-309 of the D.C. Code within 180 days of the accident. If this is not done, or if it is not done properly or timely, claims against the bus driver and the D.C. Government will be barred forever by the doctrine of sovereign immunity.

It is very important that those involved in accidents with government vehicles seek legal representation promptly so that notice requirements (which vary from jurisdiction to jurisdiction) can be complied with. The general statute of limitations for bringing negligence claims in Washington, D.C., and Maryland is 3 years from the date of the injury. However, notice requirements for claims against governmental entities generally allow for only 6 months to comply.

Experienced Maryland Auto Accident Attorneys serving Baltimore, Silver Springs, Washington D.C. and the surrounding areas, Goldberg, Finnegan & Mester's website offers information on car accidents and resources on a variety of other practice areas.

There was a terrible accident in Aspen Hill, Maryland which is in Montgomery County near our law office in Silver Spring. Ms. Cristina L. Dodd who is from Silver Spring, MD, was walking with her 13 year old daughter Natalia Jallorina of Rockville, Maryland.

The two ladies were struck as pedestrians as they were crossing the street at Bel Pre Road at Connecticut Avenue. The vehicle that struck them fled the scene of the accident. Ms. Dodd and Ms. Jallorina were taken to the hospital for treatment of their injuries from the Maryland car accident. Ms. Dodd was taken to Suburban Hospital, a trauma facility, in Bethesda, Maryland. Mr. Jallorina was taken to Children s Hospital in Washington, D.C.

The police later recovered a Ford Mustang that they believe was involved in the accident. If you know anything about the person driving the Mustang and/or who caused this crash, you should call the Montgomery County Police and provide them with the information. We certainly hope that Ms. Jallorina and her daughter recover from their injuries, and our thoughts and prayers are with them and their family.

If they intend to bring a civil lawsuit regarding this incident, they should strongly consider hiring an attorney now so that the attorney can do a proper fact investigation and help locate the phantom driver. Most Maryland Auto Accident Lawyers would take this case on a contingent fee basis which means that there would be no attorney fee if there is no recovery. In other words, it would not cost the injured people anything to have legal representation until the case resolves with either a financial settlement or a jury verdict resulting in payment (think of it as risk free representation).

The pedestrians obviously have a negligence claim against the driver who struck them. They also may have a valid claim for uninsured motorist benefits (known as UM benefits) against any automobile insurance policies that they have or that their family members have. Ms. Jallorina and her daughter obviously were terribly injured in this crash and they are going to have substantial medical bills and other expenses and damages related to their injuries.

Hopefully the negligent driver responsible for this terrible incident will be located, arrested and brought to justice.