Maryland Injury Lawyers Blog

Do you have any idea how many fatal car accidents there are in the State of Maryland?

In 2010 there were just 493 fatalities in Maryland and this was 56 fewer than in 2009.

According to the MVA Website, between 2003 - 2007 there were 575-600 fatal crashes per year. In 2010 32,885 people died in car crashes throughout the USA. It is interesting to note that the number of fatal car accidents is actually going down in Maryland and throughout the USA. This is most likely because of enhanced safety features on vehicles, and less people are driving. It may also be due to the fact that fewer people are driving drunk. According to the federal government, drunk driving fatalities declined by about 4.9% in 2010.

If you or someone you love is involved in a fatal car crash in Maryland, there are things that you should do to protect your rights. Hiring a lawyer immediately after a fatal crash is a great idea, but many families do not do this because they are overwhelmed by grief and other stressors including planning the funeral. A lawyer can be helpful in making sure that a proper investigation of a fatal car crash is done. A lawyer can also evaluate whether the vehicle needs to be preserved to investigate a product liability case.

IF YOU ARE INVOLVED IN A MARYLAND CAR ACCIDENT ACCIDENT CALL US AT 301-589-2999 FOR A FREE PHONE CONSULTATION.

Families who lose loved ones in car crashes in Maryland should also know that there will almost always be $2,500.00-$10,0000 in Personal Injury Protection Benefits available, and this will be paid out as soon as the estate is set up. A lawyer can be helfpul in expediting this process, and many lawyers do not charge an attorney fee for helping with the PIP Claim.

Dietary Supplements such as Jacked (aka Jack3d) and OxyElite Pro can be dangerous because they contain DMAA (dimethylamylamine). The Food and Drug Administration has received 42 adverse event reports on products containing DMAA, products containing DMAA have been banned from US Army bases, and Canada has banned DMAA products. Yet products containing DMAA are still apparently available at stores in the USA. Therefore, we are warning our friends, family and clients not to use any dietary supplements containing DMAA.

The FDA is currently investigating the safety of DMAA (dimethylamylamine). There are concerns that DMAA products may be linked to liver failure, heart attacks, loss of consciousness, rapid heartbeat and even death. The products containing DMAA are generally marketed as "dietary supplements" and are therefore not regulated or pre-approved by the FDA.

In April 2012 the FDA issued warning letters to 10 manufacturers and distributors of products containing DMAA (sample warning letter). The FDA position is that before products containing DMAA are marketed to the public, the companies that make the products must provide evidence of safety to the FDA which they apparently had not done. Unfortunately, Federal Law is a bit murky in this area and it gives the makers of OxyELITE and Jack3d and other supplements wiggle room. The applicable law is the Dietary Supplement Health and Education Act of 1994 (DSHEA). The FDA position is that synthetically produced DMAA is not a "dietary ingredient." and therefore the manufacturers/marketers must establish that it is safe. Some of the products referenced in the FDA DMAA warning letters are: Biorhythm SSIN Juice, Lean Efx, SPirodex, PWR, Napalm, Code Red, Hemo Rage Black, Lipo-6, MethylHex 4, Nitric Blast, Oxy Elite Pro, and Jack3D.

In an Article on WebMD, Pieter Cohen, MD, an internist and Harvard Medical School Professor, says "It is more potent than ephedra, and ephedra is already removed from the market......At best DMAA is a waste of money and at worst it can damage your health."

The bottom line is that weightlifters, gym rats, and athletes should not use products containing DMAA. If you or anyone you know is injured as a result of using a dietary supplement please contact us at (301) 589-2999. We are investigating product liability, negligence and wrongful death claims resulting from the use of dietary supplements containing DMAA.

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.

Many of the cases we handle involve an insured having to sue their own insurance company for benefits owed. These claims are technically breach of contract claims, and they can become very complicated. Perhaps the most common type of claim we handle in this area is claims for uninsured motorist benefits. This week the Maryland Court of Special Appeals issued its opinion in Buckley v. The Brethren, and the opinion is favorable to Maryland consumers who purchase car insurance, and make a claim for uninsured motorist benefits.

In this case, the car insurance company, The Brethren Mutual Insurance Company, tried to pull a fast one on its own insured and wiggle out of paying benefits it clearly owed. You see, the handling of an uninsured motorist claim in Maryland is complicated, and generally is based on statutes including Section 19-511 of the Insurance Article of the Maryland Code.

To make a long story short, Ms. Ember Buckley was seriously injured as a passenger in a car crash in March 2007 and she incurred over $100,000.00 in medical bills. The crash was caused by Mr. Harvey Betts who owned and drove the car that Buckley was a passenger in. Mr. Betts vehicle had just $100,000.00 of liability coverage, and was covered by Geico Insurance Company. Ms. Buckley had her own car insurance policy in which she paid a premium for up to $300,000.00 in uninsured motorist benefits (also known as underinsured motorist benefits). Ms. Buckley's $300,000.00 policy was with The Brethren Mutual Insurance Company. Geico made a settlement offer of its insured's $100,000.00 policy limit in exchange for a release. As they are required to do, GEICO sent the policy limits offer in writing, but GEICO asked for a full and general release.

In the State of Maryland, uninsured motorist claims are goverened by Section 19-511 of the Insurance Article of the Maryland Code. The law allows an injured person to accept a policy limits settlement offer from a liability carrier so long as the written offer is sent to the uninsured motorist carrier by certified mail pursuant to the statute. The UM Carrier then has 60 days to consent to the acceptance of the policy limits offer (and allow for the injured person to execute a release), or to refuse to consent to the acceptance of the offer, but then to pay the amount of the offer to the injured person within 30 days of the refusal to consent. If the UM carrier consents to the acceptance of the offer (and presumably to the signing of a Release) then the UM Carrier waives its subrogation rights against the at fault party. If the Uninsured Motorist Insurer refuses to consent to the settlement, then the UM Carrier must pay the injured party the amount of the settlement, but its subrogation rights would be preserved (Because there would be no release).

In this case Ms. Buckley's lawyer sent Brethren Mutual the policy limits settlement offer by certified mail as required by the statute, and Brethren's insurance adjuster sent a letter back stating that they waived subrogation against Mr. Betts. Ms. Buckley then accepted the settlement offer from GEICO but signed a very broad general release that in and of it self, at least arguably, released the UM claim.

When Ms. Betts presented her uninsured motorist claim to The Brethren Insurance Company, Brethren's adjuster denied the claim based on the broad language in the release signed by Ms. Betts. What is disturbing is that Brethren knew that it owed uninsured motorist benefits in this case, and took a ridiculous position in order to save money. The Brethren admitted that it had consented to the settlement, but then argued that it nevertheless could lawfully deny the uninsured motorist claim because of the language in the release. This is a great example of how generally speaking insurance companies look out for their own bottom line and are not looking out for their insureds.

In any event, the Maryland Court of Special Appeals ruled in favor of Ms. Betts and against the insurance company. The Court held that so long as the Circuit Court agrees that The Brethren consented to the settlement, the uninsured motorist benefits were owed and that the only issue for trial was the amount of damages owed to Ms. Buckley. (It should be noted that Judge Eyler filed a dissenting opinion).

Practice Pointer regarding Maryland Uninsured Motorist Claims----Be sure that the letter from the UM Carrier clearly consents to the settlement and signing of a release with the liability carrier. Also, carve out the UM claim in any release signed.

Many of the cases we handle involve an insured having to sue their own insurance company for benefits owed. These claims are technically breach of contract claims, and they can become very complicated. This week the Maryland Court of Special Appeals issued its opinion in Buckley v. The Brethren, and the opinion is favorable to Maryland consumers who purchase car insurance.

In this case, the car insurance company, The Brethren Mutual Insurance Company, tried to pull a fast one on its own insured and wiggle out of paying benefits owed. You see, the handling of an uninsured motorist claim in Maryland is complicated, and generally is based on statutes including Section 19-511 of the Insurance Article of the Maryland Code.

To make a long story short, Ms. Ember Buckley was seriously injured as a passenger in a car crash in March 2007 and she incurred over $100,000.00 in medical bills. The crash was caused by Mr. Harvey Betts who owned and drove the car that Buckley was a passenger in. Mr. Betts vehicle had just $100,000.00 of liability coverage, and was covered by Geico Insurance Company. Ms. Buckley had her own car insurance policy in which she paid a premium for up to $300,000.00 in uninsured motorist benefits (also known as underinsured motorist benefits). Ms. Buckley's $300,000.00 policy was with The Brethren Mutual Insurance Company. Geico made a settlement offer of its insured's $100,000.00 policy limit in exchange for a release. As they are required to do, GEICO sent the policy limits offer in writing, but GEICO asked for a full and general release.

In the State of Maryland, uninsured motorist claims are goverened by Section 19-511 of the Insurance Article of the Maryland Code. The law allows an injured person to accept a policy limits settlement offer from a liability carrier so long as the written offer is sent to the uninsured motorist carrier by certified mail pursuant to the statutue. The UM Carrier then has 60 days to consent to the acceptance of the policy limits offer (and allow for the injured person to execute a release), or to refuse to consent to the acceptance of the offer, but then to pay the amount of the offer to the injured person within 30 days of the refusal to consent. If the UM carrier consents to the acceptance of the offer (and presumably to the signing of a Release) then the UM Carrier waives its subrogation rights against the at fault party. If the Uninsured Motorist Insurer refuses to consent to the settlement, then the UM Carrier must pay the injured party the amount of the settlement, but its subrogation rights would be preserved (Because there would be no release).

In this case Ms. Buckley's lawyer sent Brethren Mutual the policy limits settlement offer by certified mail as required by the statute, and Brethren's insurance adjuster sent a letter back statuign that they waived subrogation against Mr. Betts. Ms. Buckley then accepted the settlement offer from GEICO but signed a very broad general release that in and of it self, at least arguably, released the UM claim.

When Ms. Betts presented her uninsured motorist claim to The Brethren Insurance Company, Brethren's adjuster denied the claim based on the broad language in the release signed by Ms. Betts. What is disturbing is that Brethren knew that it owed uninsured motorist benefits in this case, and took a ridiculous position in order to save money. The Brethren admitted that it had consented to the settlement, but then argued that it nevertheless could lawfully deny the uninsured motorist claim because of the language in the release. This is a great example of how generally speaking insurance companies look out for their own bottom line and are not looking out for their insureds.

In any event, the Maryland Court of Special Appeals ruled in favor of Ms. Betts and against the insurance company. The Court held that so long as the Circuit Court agrees that The Brethren consented to the settlement, the uninsured motorist benefits were owed and that the only issue for trial was the amount of damages owed to Ms. Buckley. (It should be noted that Judge Eyler filed a dissenting opinion).

Friends-

Our thoughts and prayers go out to the family of Elizabeth Colvin Colton who was killed in an accident that occurred last week in Montgomery County as a result of an improper left hand turn. Maryland drivers need to remember to yield the right of way to oncoming cars whenever making a left hand turn.

We are seeing a lot of very serious accidents resulting from improper and illegal left hand turns. It is important to remember that if you are making a left turn you must always yield the right of way to on-coming traffic before making your turn. It is also important to remember to use your turn signal. Way too often a driver will attempt to make a left turn in front of an oncoming vehicle thinking that they have plenty of space. Well, the fact is that not everyone drives the speed limit, and not all drivers are paying attention to what is ahead of them. It may look like the left turning vehicle has plenty of room to make the turn, but if the oncoming vehicle is speeding, and/or if the left turning driver's perception is off at all, a tragic collision can occur.

As a personal injury lawyer, I can tell you that in Maryland the driver of the left turning vehicle in this type of accident will practically always be found to be at fault. Occasionally the vehicle that had the right away may also be found at fault if it can be shown that vehicle was speeding or perhaps on a cell phone and texting and not paying attention, but this would be rare. Police investigating crash scenes will usually ticket the driver of the left turning vehicle. This is true even if the oncoming vehicle is speeding and not paying attention. Bottom line....if you are making a left turn, YIELD THE RIGHT OF WAY TO ONCOMING TRAFFIC.

Just this week there was a terrible crash on Great Seneca Highway near the Kentlands and Lakeland's community resulting from an improper left turn. A lady named Elizabeth Colvin Colton was the passenger in a vehicle driven by Seymour Baden. Apparently Mr. Baden attempted to make a left turn from Great Seneca Highway without yielding the right of way to oncoming traffic into the Lakelands neighborhood when he was struck by a vehicle driving on Great Seneca. Mr. Baden's passenger took the brunt of the impact and died as a result of her injuries.

Outpatient cosmetic and surgical procedures done at unregulated facilities can be dangerous. This is a growing problem in Maryland because there is no state licensure requirement for outpatient surgical centers. By contrast, hospitals where surgical procedures are traditionally done, are subject to State and Federal oversight and often have better safety procedures in place.

An example of this problem has occurred at Monarch Med Spa in Timonium, Maryland. A woman died and two others have acquired infections after having liposuction procedures done at Monarch Med Spa in Timonium, Maryland. State of MD Inspectors shut the surgical center down on Wednesday. According to The Washington Post, State officials have indicated that it is likely that the facility did not have proper infection control practices in place. Our thoughts and prayers are with the family of the lady who died.

STATE OFFICIALS ARE URGING ANYONE WHO HAD PROCEDURES DONE AT MONARCH MED SPA AND WHO ARE CONCERNED ABOUT INFECTION TO CHECK WITH THEIR DOCTORS IMMEDIATELY.

The woman who died apparently acquired a bacterial infection known as invasive streptococcal infection (Group A Strep-tococcus). When bacterial infections like this infect body systems such as the blood, muscle and lungs, it is also known as "invasive GAS disease." GAS Disease has about a 10 to 15 % mortality rate. Perhaps the most severe kind is necrotizing fasciitis (Flesh Eating Bacteria)

Shockingly, cosmetic surgery centers (all outpatient procedure centers for that matter) in Maryland are not subject to State licensing or oversight. Hopefully the Maryland Legislature can address this issue in the 2012 Legislative Session. Peter Provost, a Senior Executive at John's Hopkins Health Care has said that the increasing number of outpatient procedure centers including outpatient surgery centers poses risks to consumers and, according to the Washington Post indicated that "It's a bit of the Wild West out there, ....There's no oversight.....We have closer inspections of restaurants than we have of health care."

The lawyers at Goldberg, Finnegan & Mester are interested in speaking with anyone injured at an outpatient surgery center in the State of Maryland. Our medical/legal team provides a free telephone consultation. Call us at 888-213-8140.

The Food and Drug Administration has warned consumers not to eat mangoes produced by Agricola Daniella because Salmonella has been found in their mangoes. The Center for Disease control has indicated that there has been an outbreak in salmonella cases in the USA with 105 salmonella diagnosis in 16 states.

FOOD POISONING CASES ARE ESSENTIALLY PRODUCT LIABILITY CASES. CALL US AT 888-213-8140 FOR A FREE CONSULTATION.

Salmonella is an illness often associated with food poisoning. Infants, the elderly and children are most at risk for acquiring salmonella. The symptoms include diarrhea, fever and stomach aches about 12-72 hours after the infection sets in. Salmonella can spread from the intestine to other body systems including the blood stream. It is a serious illness that can cause death if not treated properly. If you or your family members have signs or symptoms of salmonella, you should immediately call your doctor.

Legal cases related to food poisoning in fruits and vegetables such as salmonella are, essentially, product liability cases. Ideally, it is important to save/preserve the food that was contaminated and have it tested (a lawyer can help with this process). The causes of action to be considered for most food poisoning cases include: negligence, strict liability failure to warn, breach of warranty of fitness, and violation of consumer protection statutes. If you or someone you care about has suffered an injury as a result of consuming contaminated food (often fruit or meat), call Goldberg, Finnegan & Mester, LLC at 888-213-8140. We provide a free phone consultation regarding your food bourne illness legal claim.

Did you know that many Veterans who served during the Vietnam War are entitled to VA Benefits that they are not currently receiving? The back benefits owed can be substantial and we urge those who served in Vietnam to contact a Veteran's Disability Lawyer to discuss their claim.

This is because there is an expanding list of health conditions and diseases that the Veteran's Administration attaches a presumption of "service connection" to for Vietnam Veterans. The conditions now include some of the most common ailments in the general population including type 2 diabetes, ischemic heart disease and parkinson's disease. What this means, in a nutshell, is that Vietnam Vets who have these illnesses can claim VA disability benefits and health benefits without having to prove that their condition was connected to Agent Orange Exposure. This new 2010 policy applies to those who served in Vietnam from January 9, 2962 until May 7, 2975.

Call Goldberg, Finnegan & Mester today at 888-213-8140 for a free phone consultation on your rights to Veteran's Benefits.

The decision to add parkinsons disease, diabetes and heart disease to the list of presumed service connected disabilities was made based on an independent study done by the Institute of Medicine titled"Veterans and Agent Orange: Update 2008." It should also be noted that the VA recently indicated it was going to "fast track" the claims process for service connected disabilities due to Agent Orange Exposure.

The list of conditions which receive a favorable presumption for service connected disability benefits now includes:

Type II Diabetes
Heart Disease
Parkinsons Disease
Peripheral Neuropathy
Chloracne
Porphyria Cutanea Tarada
Lung Cancer, Bronchus Cancer, Larynx Cancer, Hodgkins Disease,
Multiple Myeloma
Non-Hodgkins Lymphoma
All Chrnnic B-Cell Leukemias
Certain Soft Tissue Sarcomas
AL Amyloidosis
Certain Birth Defects in Children of Female Vets (including Spina Bifida)

The birth defects that are covered include achondroplasia, cleft lip and cleft palate, congenital heart disease, congenital talipes equinovarus (clubfoot), hip dysplasia, Hirschsprungs disease, hypospadias, hydrocephalus due ot aqueductal stenosis. For more information about the conditions covered for Vietnam Veterans review the document titled Agent Orange Review.pdf

Goldberg, Finnegan & Mester, LLC works with a team of lawyers who provide free consultations to Veterans and their families about the additional benefits that they may be entitled to. Generally speaking the types of benefits include service connected disability benefits, Compensation for Injury or death caused by VA Healtcare Malpractice, Pension Benefits For Veterans with Non-Service Connected Disabilities, and VA Benefits for Family Members of Veterans who served in the armed forces.