June 5, 2011

Kin Yiu Cheung Charged With Manslaughter

The driver of last weeks deadly tour bus crash in Virginia has been charged with four counts of involuntary manslaughter. The maximum prison term is ten years in prison for each count. It is believed that this tour bus left Greensboro, North Carolina about an hour later than originially planned. The tour bus driver was frustrated because the passengers wanted to make two stops on the way to New York. The bus driver, Mr. Kin Yiu Cheung, did not want to make the additional stop. While there is no way to be sure, it seems that the bus driver was likely speeding in order to make up for the time lost by making the stops. Newspapers and blogs on the internet have reported that Mr. Cheung who operated the Sky Express Tour Bus that crashed, had a history of driving violations including 4 speeding tickets. In the days after the Sky Express Crash the New York Legislature passed a bill requiring all tour bus drivers to undergo a criminal background check. The next step is that this tour bus driver law will go before hte entire New York General Assembly.

Those injured and those who have family that were killed in the Sky Express Crash have good reason to be angry. The reasons for anger increased on Friday when it was reported that even after the DOT revoked the license of Sky Express to sell tickets and operate, they apparently were selling bus tour ticekts under different company names including 108 Tours, 108 Bus and even painting some of its busses. Bottom Line----It is not just Mr. Cheung--the bus driver who should be locked up. Sky Express and its owners/principals deserve to have criminal charges brought against them as it is the corporation and its officers who allowed a corporate culture to exist that did not put a priority on safety and caused the 4 deaths and numerous injuries last week. The owners of Sky Express---Dr. Xiangping Cehn aka Jimmy Chen, President and CEO of IVy Media Corporation/GotoBus.com have been subpoenaed to appear before the Federal Motor Carrier Safety Administration regarding this issue and a Cease and Desist Order was issued June 3, 2011 to stop this nonsense. This is the subpoena and cease and desist order for Sky Express. SkyExpressSubpoena[1].pdf

It is disturbing that there have been so many deadly crashes and fatalities on tour busses in the last 6 months. The tour bus industry seems to have low safety standards and they are not regulated in the same manner as even tractor trailers. For example, I do not believe that the FMCSA requires Tour Bus Drivers to keep driver logs. By contrast, drivers of 18 wheelers and tractor trailers are indeed required to keep driver logs showing how many hours they have driven and the law limits how many hours per week big rig operators can drive. The Tour Bus Industry needs to adopt similar safety policies or else more needless deaths will occur.

There are reports in the media that a passenger overheard Kin Yiu Cheung talking on his portable phone about how tired he felt and upset that he did not have any down time between trips..

June 2, 2011

Sky Express, Inc. Put Out of Service by DOT

Our thoughts and prayers go out to those injured and killed in this week's tour bus crash including the families of Karen Blyden-Decastro, Josefa Torres, Giok Giang, and Denny Estefany Martinez who were killed in this crash that never should have happened.

The Sky Express, Inc. bus company that operated the tour bus that rolled over and killed 4 people in Virgnia this week was put out of service by the Federal Motor Carrier Safety Administration as a result of multiple safety violations on May 31, 2011 (after the fatal crash). Sky Express is not permitted to operate across state lines and will no longer be able to provide transportation from North Carolina to New York. TALK ABOUT TOO LITTLE TOO LATE! This is maddening. The public should be concerned that the Sky Express Bus Company was permitted to continue operating until 5/31/11 despite the fact it had numerous safety violations and a status from the FMCSA indicating that consumers should be concerned about the company's safety. Why wasn't this tour bus company put out of service before the crash that killed 4 and severely injured dozens of others? How many other unsafe tour busses are continuing to operate?

Families of those injured or killed in the crash should know that Sky Express Inc. had violations for unsafe driving, fatigued driving, inadequate driver fitness and vehicle maintenance in the 24 months prior to the 5/31 tour bus crash in Virginia. The 5/31 crash was likely the result of fatigued driving. Sky Express performed worse in the area of fatigued driving safety than 77% of other tour bus companies in this group. Sky Express performed worse than 97% of other carriers in the area of Driver Fitness. This statistic was published by the FMCSA long before this month's crash. So why the heck wasn't this bus company taken out of service until after the crash? The statistics are right here.fmcsa sky express.pdf

In a recent press release the FMCSA seems to brag and take credit for putting this company out of service now--after the crash. Photo of Bus.bmppress.pdfIt seems to me that the FMCSA should have put this company out of service before the crash. The FMCSA press release indicates that they have a strike force that issued citations to 127 drivers and 315 vehciles from May1 through May 15, 2011. My question and concern is why ---if a company has numerous violations---shouldn't they be put out of service sooner??? The whole goal is to stop these companies that cut corners with regard to safety from operating. Somehow the system failed with regard to Sky Express and as a result there are dozens of families griving and struggling.

Attorneys at our law firm represent victims of the Sky Express Crash and we are actively looking into these issues and also Goldberg, Finnegan Mester is investigating the crash. We are interested in speaking with passengers on the bus about what they recall about the crash and what was happening on the bus from the time it left North Carolina until the time of the crash. Kevin Goldberg can be reached at 888-213-8140 x102.

Families of those involved in the Sky Express crash should putting their own uninsured motorist carriers on notice of their injuries from this crash and consider making a PIP/Medpay Claim on their own insurance policies. Our initial investigation shows that there was only $5,000,000.00 in liabilily insurance on the Sky Express Bus and we are concerned that this may not be enough to compensate everyone that was injured and killed in this catastrophe.

May 31, 2011

Horrific tour bus crash on I-95 in Virginia

Bus Crash VA.jpgThis morning there was a terrible tour bus crash on I-95 in Virginia. The Virgnia tour bus crash is still being investigated, but it seems that it occurred due to driver error/driver fatigue. The driver of the Sky Express Bus was Kin Yiu Cheung who lives in Flushing, New York. Sky Express Tours have been cited for numerous safety violations in the past year or two. The tour bus overturned and went off of the right side of the road. This occurred in Caroline County, Virginia. After the crash, he was charged with reckless driving and is being held in jail in Pamunkey Regional Jail in Hanover County, Virgnia which is near Kings Dominion. There were over 50 people on the bus travelling from Greensboro, North Carolina to New York. The National Transportation Safety Board has launched a full blown investigation into the cause of crash called a "Go-Team" Investigation. Our thoughts and prayers are with the families of those injured and killed in this crash. Those injured (and the families of those killed) should be sure to make a claim with any auto insurance carrier they may have in their own name or with resident relatives for first party benefits. First party benefits are often called Personal Injury Protection Benefits (PIP Benefits) or Med Pay Benefits. This is a no fault benefit that often will pay immediately for funeral expenses, medical bills, etc. Those injured and killed obviously will also seek compensation from the liability insurance carrier for Sky Express Bus Tours and the driver Kin Yiu Cheung. Payments from a liability carrier, however, require a finding of fault and are typically a lump sum settlement/payment for all past and future damages. Anyone seriously injured or who has a loved one killed in this tour bus crash should hire a Virginia car accident lawyer to assist them.

Sky Express Bus tours is a very low cost service that drives people on the east coast to and from new york city. For example, a ticket from Greensboro, NC to New York on a Sky Express Bus would typically cost just $30.00 or so.

Those injured in this horrific accident can feel free to call the lawyers at Goldberg, Finnegan & Mester, LLC at 888-213-8140 x102 for a free phone consultation about how to protect your rights.

May 25, 2011

Fatal Car Crash In Wheaton Maryland

There was a terrible car accident in Wheaton, Maryland on Monday May 23, 2011. A married couple was crossing the street when they were struck by a BMW believed to have been driven by Pierre Michel who lives in Silver Spring. Our thoughts and prayers go to the families of those involved.

The families of the persons involved in this Maryland car crash should know that they are likely entitled to personal injury protection benefits (PIP Benefits) from the insurance policy that covered the BMW that struck the people, and that this benefit covers at least up to $2,500.00 in funeral expenses (PIP benefits also cover medical expenses and lost wages). For more information about Maryland PIP benefits see the PIP page of our website. PIP benefits are generally available immediately and are obviously in addition to compensation the families may be entitied to as a result of the driver's negligence.

Christopher Forker was apparently also in the striking vehicle. As a result of the car striking the pedestrians, the wife was killed and the husband has terrible injuries for which he his being treated at Suburban Hospital (which-by the way-has an excellent trauma team). The driver of the BMW is said to have left the scene of the crash without stopping and will likely be arrested. When a crash like this happens, the families of those involved should consider taking immediate steps to have the accident investigated by an accident reconstructionist, and gathering evidence (such as photos of skid marks at the scene etc?). Skid marks fade and evidence can disappear. While it is true that the State of Maryland does its own accident reconstruction in most fatal car accident incidents, the quality and focus of their reconstruction often leaves a lot to be desired (some of the accident reconstructionists are very experienced but some are relative rookies and have not had adequate training to do a serious reconstruction in a wrongful death car accident case in Maryland). The bottom line is that the accident reconstruction efforts by the Maryland State Police are not focused on gathering evidence and preserving evidence that will be necessary to win a civil lawsuit if that becomes necessary.

It is disgraceful that the driver of the BMW left the scene of the crash without stopping. Of course it is possible that the driver was either intoxicated or under the influence of drugs and by not stopping, the police will never be able to prove that. Unfortunately, in Maryland, even if someone is intoxicated and totally drunk, they cannot be sued for punitive damages (unless they literally intentionally struck the pedestrian). This law needs to be changed. If someone leaves the scene of a serious car crash in Maryland without even stopping to see if the victims are ok then that person should indeed be exposed to punitive damages in a civil lawsuit.

May 19, 2011

$3.8 Million Dollar Maryland Medical Malpractice Verdict in Baltimore

This week a Baltimore City Jury compensated the family of a Catonsville Maryland man $3,800,000.00 after finding his medical doctor's negligence caused him to die of breast cancer at just fifty four years old. Maryland's cap on non-economic damages in medical malpractice cases will, in all likelihood, cause the verdict to be reduced to less than $1.1 Million dollars. The evidence presented basically showed that the doctors were overwhelmed with the requirements of seeing too many patients. In this case, Dr. BErnita C. Taylor, who was found to be at fault, was having to see over 25 patients a day and each for less than 20 minutes. Such volume can cause mistakes to happen. The lead plaintiff's lawyer Briggs Vedigan was quoted as saying "Doctors are beign forced to see too many patients, and communication is lacking...Medicine needs to go back to stressing quality over quantity." Many times patients who are diagnosed with cancer in Maryland are diagnosed when it is too late to perform treatment (e.g. chemotherapy, biopsies, surgery) that could cure the cancer or at least give the individual patient a decent shot of surviving. When a medical professional fails to diagnose a condition such as cancer in a timely manner, and as a result of the medical mistake the patient suffers injury or dies, then the medical professional and his employer are liable to the patient under Maryland Medical Malpractice law. If you or someone you love has a condition that you believe should have been diagnosed earlier then you should consult with a medical-legal professional. At Goldberg, Finnegan & Mester, we have lawyers who are also trained registered nurses/medical professionals to assist in the evaluation of your potential case. Medical Malpractice consultations are free and there is no attorney fee or costs unless there is a recovery in the case. Call us at 888-213-8140 for a free medical-legal phone consultation to determine if your loved one's medical condition was due to a negligent failure to properly diagnose the condition.

May 4, 2011

Maryland MAIF Madness---Be sure to File Suit Within 1 Year!

Lawyers handling Maryland car accident claims and personal injury claims need to be aware that On Friday April 28, 2011 the Maryland Court of Special Appeals issued a new opinion that basically changes what everyone presumed was the law relating to breach of contract claims against the Maryland Automobile Insurance Fund (also known as MAIF). Prior to the opinoion in Mary Katherine Daughton v. MAIF, the legal community assumed that the statute of limitaitons for bringing a claim against MAIF for the auto liability insurance policy personal injury protection benefits and/or uninsured motorist benefits was 3 years from the date of accident. This opinion changes this. The Court held that MAIF is a State Agency and that therefore a breach of contract action against MAIF must be brought within 1 year. The Court based its reasoning on Maryland statute 12-202 of the State Government Article of the Maryland Code which provides that claims against State Government Agencies must be made within 1 year.

Lawyers and pro se claimants need to be aware of this change in Maryland Law and make sure that suit is filed promptly in any breach of contract case against MAIF for Maryland uninsured motorist benefits or Maryland personal injury protection benefits. A copy of the opinion can be found at BAD OPINION ABOUT CLAIMS AGAINST MAIF IN MARYLAND maif opinion Daughton.pdf

MAIF is basically an insurance company of last resort for drivers who do not qualify for reasonable rates with other auto insurance liability carriers like State Farm, GEICO and Allstate. MAIF policies are typically (but not always) written for minimal limits but do provide for personal injury protection coverage and uninsured motorist coverage. claims for the PIP and UM benefits are brought via a breach of contract cause of action against MAIF.

April 27, 2011

Christian Mester Becomes Member of the Multi-Million Dollar Advocates Forum

millionDollarLogo.jpgChristian Mester recently became a member of both the MILLION DOLLAR ADVOCATES FORUMtm and the MULTI-MILLION DOLLAR ADVOCATES FORUM.tm Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Fewer than 1% of U.S. lawyers are members.
Christian concentrates his practice on representing those injured by health care providers and is chair of the firm's medical malpractice department. Christian and his entire department (which includes two registered nurse attorneys) are honored to represent plaintiffs in medical negligence cases - they strive to hold those responsible for causing injury to others accountable. In one recent case, he settled a case on behalf of a brain damaged baby for over Five Million Dollars. This money allows the child to maximize his medical care needs to live as normal of a life as possible following the tragic events surrounding his birth - where the health care providers ignored hours of warning signs that, had they responded, would have prevented his injuries.
Please join the lawyers and staff here at GFM in congratulating Christian for this most recent accomplishment!
And remember, if you have been injured, or know of a loved one who has, by the negligence of a health care provider such as a hospital, doctor, midwife, nurse, or nursing home, then call Christian Mester at 1-888-213-8140 for a free consultation.

April 23, 2011

Goldberg's Response to Washington Post Article About Spillionaires

Our law firm, in conjunction with Finckbeiner & Robin, represent many of the fishermen, oystermen and small business owners that reside in St. Bernard Parish, Louisiana in their Gulf Oil Spill Claims. These hard working individuals have had their lives destroyed as a result of the negligence of BP, Transocean, Haliburton and the other Defendants. Well last week, on April 14, 2011 The Washington Post ran a front page story titled "In Gulf Coast, streams of 'Spillionaires' which I felt unfairly characterized our clients as taking advantage of the situation in Louisiana. None of the clients we represent have become rich from the spill. In fact, to date, none of our clients have been made whole as a result of the spill and many of the fishermen still cannot fish and the oystermen cannot harvest oysters. To read the article click here. post article unfairly characterizing fishermen as spillionaires.pdf

Kevin Goldberg wrote a letter to the editor of The Washington Post. The letter read:

The April 14, 2011 front page story titled In Gulf Coast, streams of 'spillionaires' completely mischaracterizes the plight of the fishermen, oystermen, shrimpers and waterfront small business owners in St. Bernard Parish, Louisiana in the year since the spill. As an attorney representing dozens of fishermen, oystermen and shrimpers from St. Bernard Parish, I have firsthand knowledge of the fact that these waterfront communities in areas such as Shell Beach, Hopedale and Delacroix Island are still devastated as a result of the oil spill. Many of the fishermen in these communities are now suffering from depression and other mental health issues because their livelihood has been taken away from them, and they are now unable to provide for their families. While some fishing areas off of the Louisiana Coast have reopened, there simply is not a market for Gulf of Mexico Seafood at this time. Nobody is buying the oysters. Most of the fishermen have not received anything close to adequate compensation from the Gulf Coast Claims Facility or BP. The fishermen struggle every day to put food on the table to feed their families, and to keep their houses out of foreclosure.

For the Washington Post To publish a front page story suggesting that "all is well" on the Gulf Coast and that these devastated communities of fishermen are gaming the system and have become millionaires is not only inaccurate, but it also does a disservice to these struggling communities. As we approach the one year anniversary of the Deepwater Horizon explosion and spill the public needs to know that the suffering and losses continue to grow.

The bottom line is that the people we represent in Gulf Oil Spill lawsuits are some of the strongest and hardest working people you will ever meet. After Hurricaine Katrina, they rebuilt their homes, and were just getting back on their feet when the BP Gulf Oil Spill hit in 2010. Now, a year later, the fishermen and oystermen in St. Bernard Parish, Louisiana are realizing that unlike Katrina, this is not the kind of disaster that they can rebuild and recovery quickly from. Please keep the fishermen and oystermen of Louisiana in your thoughts and prayers as they continue to struggle.

April 21, 2011

Curtis Cannon obtains jury verdict over 7 times State Farm's Last Offer!

While the lawyers at Goldberg, Finnegan & Mester obtain some very large verdicts on behalf of their injured clients, on a day to day basis, we take pride in even some of the smaller verdicts where we just absoulutely crush the insurance company's last offer. A perfect example of this is the jury trial that Goldberg, Finnegan Mester Attorney Curtis Cannon had this week in Prince George's County Circuit Court. The Defendant struck our client from behind at 30 mph while she was at a complete stop in traffic. Our client sustained myofascial connective tissue injuries to her neck and low back as well as wrist sprains. She had roughly 10 weeks of physical therapy treatments and missed 5 weeks of work incurring $5,300.00 in medical bills and $5,800.00 in lost wages. The Defendants car was totaled with severe property damage. However, because he had a car lower to the ground than our client's car, our client's car showed little damage. In a sneaky maneuver, the insurance company for the Defendant took pictures of our client's car but never took any pictures of the Defendant's car and both cars were repaired and/or discarded prior to our representation of the client. The Defendant's insurance company (State Farm) offered just $2,000.00 to settle the case claiming this was a "minor impact" collision based on the photos to our client's car. We filed suit in District Court seeking a bench trial (a judge before a judge rather than a jury). State Farm, in a tactic they use to increase the costs of litigation for injured victims, demanded a jury trial and the case was removed to the Circuit Court for Prince George's County Maryland. Discovery revealed the Defendant was on a cell phone and reaching on the floor to pick up an ID badge prior to the collision which is the reason he slammed into our client's car at 30 mph. Despite this, the insurance company refused to admit liability for the accident, claiming the Plaintiff "cut off" the Defendant and was contributorily negligent. It was not until the day before trial did the defense admit liability. In addition, they paid a defense medical examiner (DME) to provide opinions that the Plaintiff's medical care was not reasonable or necessary as a result of the collision (this State Farm doctor never even examined our client). We were able to achieve a significant victory prior to trial in which the Judge cut out more than half of the defense medical expert's report as irrelevant, not supported by the facts, and not having the proper legal foundation. This significantly weakened the Defense's arguments. Despite the Defense attacking the Plaintiff's credibility and accusing her of faking her injuries for monetary gain, the jury awarded our client $15,000.00. While not a million dollar judgment, the result was 7.5 times the only settlement offer in the case and illustrates the need to have an attorney as soon as possible in the case so key evidence is not lost.

If you are injured in a car accident in Maryland and the insurance company makes a low ball offer, don't be tempted to accept it. Hire a law firm that has a reputation for going to trial. Call Goldberg, Finnegan & Mester at 888-213-8140.

April 3, 2011

They should have taught us about this in Hebrew School! (This post has nothing to do with Maryland Personal Injury Law)

Get Picture.gifDid you know that even here in Maryland---in the year 2011--under Jewish law a civil divorce does not disolve the marriage under orthodox Jewish law. Only a religious divorce officially dissolves the marriage. Under orthodox judaisim, in order for a woman to remarry, she must obtain a "get" from her husband to completely dissolve the marriage, and to remarry another orthodox jew. Only the husband has the power to grant or withhold a "get." The rabbinic authorities cannot force the husband to grant a woman a get.

Growing up in Rockville, Maryland, I went to hebrew school 3 days a week. I pretty much hated hebrew school, and did not learn how to speak hebrew very well (I can read it though). I must not have been paying attention when they taught us about the law of orthodox judaism. Luckily, I have now been educated about Jewish Law as a result of Friday's opinion from the Maryland Court of Special Appeals in Lang v. Levi (The opinion was written by Judge Zarnoch).

The opinion delves into fascinating issues of rabbinical law, Beth Din, and how rabinical law works along side the civil law in Maryland domestic relations proceedings.
The nutshell version is this---An orthodox jewish couple from Montgomery County, Maryland got separated and divorced. To make sure that the man did not improperly withhold a get, they had the forsight to have a prenuptual agreement providing that that the woman would receive $100 a day from the time they no longer lived together until the time the husband granted a "get." They also had an arbitration agreement providing that the Beth Din (Jewish Rabinical Court) would decide issues regarding the prenuptual agreement. The woman tried to claim $108,000.00 as her entitlement under the prenuptual agreement. The rabinical court rejected her request and gave her only $10,200.00. The husband and wife both appealed the $10,200.00 award to the higher level rabinical court known as the Av Beth Din (she wanted more money, and he didn't want to pay the $10,200). The supreme rabinical court (Av Beth Dim) eliminated the $10,200.00 award to the woman, and decided that she should not get anything because the husband offered a timely get. Basically the rabbis reasoned that the purpose of the $100/ day fine provision was to make sure that the man gave the woman a timely get. In this case, Mr. Levi gave his ex-wife a timely get and there was no reason under Jewish law to enforce teh provision of the prenuptual agreement providing for the $100/day penalty. Ms. Lang, the wife, appealed to the Circuit Court for Montgomery County Maryland attempting to vacate the decision of the rabinical court and enforce the contract. She also challenged the arbitration provision of the prenuptual agreement.

The Maryland Court of Special Appeals upheld the decision of the rabinical court and basically explained that a Maryland Court is forbidden from delving into interpretations of religious dogma and religious law.

This opinion is worth reading for anyone interested in learning about orthodox judaism's rabbinical court. I must say that I find it troubling that in 2011 a woman could be stuck in a marriage just because an orthodox jewish man does not want to give her a get. This just does not seem right to me. Apparently, in New York when a couple gets divorced the divorcing couple must affirm to the Court that steps have been taken to obtain a get thereby removing any religious barriers to marriage. In Maryland similar legislation was proposed but it did not pass.

March 28, 2011

Heart Defect Birth Injuries May Be Caused by Paxil

Did you know that the use of the antidepressant Paxil during the first trimester of pregnancy has been associated with birth injuries including heart malformations in infants?

The anti-depressant Paxil was first put on the market in 1992 and the public was basically told that the anti depressant did not have any known links to birth defects. About 13 years later Glaxo Smith Kline--the manufacturer of Paxil--notified doctors that in fact there was a potential link between the use of Paxil during pregnancy and certain birth defects--heart defects in particular. Glaxo's study showed an increased chance of congenital malformations associated with first trimester Paxil use. In September 2005 the FDA issued a stronger statement that Paxil may be associated with birth defects and the FDA again strengthened its warning in December 2005 with a Public Health Advisory. On December 8, 2005 the FDA advised the public that exposure to paroxetine (active ingredient in Paxil) in the first 3 months of pregnancy could inrease the risk for congenital malformations, birth defects and particularly heart malformations and cardiac malformations. Parents of children with heart irregulaities and malformations appreciated this new information and warning because this new information finally provided a possible explanation for their children's condition.

The first Paxil birth defect trial was the case of Lyam Kilker whose mom used Paxil during her pregnancy. He was born in October 2005 with an atrial septal defect, a ventricular septal defect, and an interrupted aortic arch just 1 month after the FDA cautioned consumers about the risk of using pregnancy and that Paxil can cause birth defects. The case resulted in a plaintiff's verdict of $2.9 Million dollars in October 2009. In my opinion Glaxo Smith Kline got off easy on this case since the jury somehow found that no punitive damages should be awarded. Although not the biggest verdict---this verdict sent a clear message to the drug company that juries around the USA could find against them in these cases.

Some sources have indicated that the average settlement value of a Paxil Birth Injury case is $1.2 Million dollars, and have also indicated that about 800 cases have settled to date for a total of over $1 Billion Dollars paid out for birth injuries caused by Paxil. More recently though, it seems Glaxo Smith Kline's strategy may be shifting away from settling these cases and instead taking them to trial (perhaps because there was a November 2010 trial that resulted in a defense verdict---actually summary judgment for the defendant).

There is other litigation surrounding Paxil. For example, there are lawsuits alleging that the withdrawal symptoms were not properly disclosed, there are lawsuits alleging that Paxil causes an increased risk of suicide and there is also antitrust and fraud litigation regarding Paxil.

If you or someone you care about has a child with a birth injury, you should speak to an attorney about whether a prescription drug taken by the mother during pregnancy such as Paxil or other antidepressants--could have caused the birth injury. The medical malpractice lawyers at Goldberg, Finnegan & Mester are available for a free telephone consultation about Paxil Birth Injuries and Paxil heart defect cases. Our phone number is 888-213-8140.

March 23, 2011

What is the value of a hip replacement injury in Maryland?

Hip Replacement Surgery is a major surgery involving significant risk and also significant pain and suffering during the rehabilitation process. I was actually surprised to see how low the median verdicts/settlements of these casees were in Maryland, DC and Virginia according to the most recent issue Metro Verdicts Monthly. In Maryland the median verdict for a hip replacement injury is reported to be $385,000.00. In Washington, D.C. the median verdict for a hip replacement injury is reported to be $175,000.00 and in Northern Virginia the median verdict for a hip replacement injury is reported as $275,000.00. Of course every case is different and a lot would depend on the extent of pain and suffering and complications that an individual hip replacement plaintiff has. Also, in certain hip relacement cases such as those relating to the Depuy Hip (ASR Model)--a defective prosthetic hip joint put on the market by Depuy Orthopedics--there will likely be punitive damages awarded against Depuy since it is a product liability case and just a negligence case. The bottom line is that hip replacement surgery is a major surgery and it involves a LOT of pain, sufferinng and a significant rehabilitation period. Also, hip replacements dont usually last forever and a lot of people will need revision surgeries. Those with the defective Depuy hip are apparently needing revision surgery within a very short period of time after their initial surgery. Bottom Line--if you have suffered a hip injury and need hip replacement surgery or a revision---or if you have a Depuy Hip that you believe may be defective---call us at 888-213-8140. We understand these injuries and know how to present damages relating to hip injuries to a jury in a manner that takes future medical care (revision surgeries) into consideration and will fight hard to make sure that you are properly compensated.

March 17, 2011

$11.4 Million Dollar Verdict In Prince George's County Police Shooting Case

Congratulations to our friend Tim Malone for his $11.5 Million Dollar Verdict on behalf of the wife and son of a man shot to death by P.G. County Police Officer Steven Jackson. This incident occurred in 2008 at a Langley Park Apartment Building and the police officer was moonlighting as a security guard. The wrongful death lawsuit case was tried to verdict at Prince George's County Circuit Court in Upper Marlboro, Maryland. Police shooting cases in Maryland are complicated because they often involve federal civil rights laws, state civil rights laws and common law tort claims. For State Law tort Claims the police officers may have limited immunities under the State Government Tort Claims Act and/or the Local Government Tort Claims Act and there may be notice requirements that must be complied with within 6 months of the incident.

March 16, 2011

Litigation Loans in Maryland-Have You Received an Advance from American Legal Funding, LLC?

Many times, people injured in a car accident in Maryland need immediate money in order to pay bills, feed their family and/or to keep their car from being repossessed or their home from being foreclosed upon. Although ethical rules prohibit Maryland lawyers from making loans or advances to their clients, there are companies out there that will, in selective cases, advance a small amount of money to a client in exchange for a security interest in the client's case. Unfortunately, most of these companies charge an exhorbitant rate of interest and sometimes additional fees that make such advances a very bad deal for the already financially devastated client. As a lawyer, I always discourage my clients from taking these loans/advanes and tell them that they are much better off borrowing money from friends, family or perhaps their church. But sometimes, the client has no option and obtaining the advance is an absolute necessity. It is important to choose which litigation funding company you are going to work with carefully as the fees and rates of interest vary.

The Maryalnd Department of Financial Regulation has recently ruled that one company making these advances-- American Legal Funding, LLC--is doing so unlawfully and has taken advantage of Maryland accident victims. The Department issued a cease and desist order against them. The Order requires that American Legal Funding CEASE AND DESIST from collecting or attempting to collect on any such advances or loans made to Maryland consumers. The interest and fees charged by American Legal Funding was found to be in violation of Maryland law and the Maryland Declaration of Rights.

If you have received a loan or advance on your car accident or personal injury case in Maryland, and if you think that you were treated unfairly or charged excessive fees or excessive rate of interest please feel free to call Goldberg, Finnegan & Mester, LLC to discuss the situation and what your options are. We can be reached at 888-213-8140. More importanly, if you or someone you know received a litigation advance from American Legal Funding, LLC call us to discuss the situation.

February 28, 2011

Carbon Monoxide Poisoning at Maryland Hotel in Laurel-Garden Inn

Due to excessive levels of carbon monoxide several hotel guests at a hotel in Laurel, Maryalnd (on Route 198 Forte Meade Road near BWI Airport) were taken to the hospital and diagnosed with carbon monoxide poisoning. Carbon Monoxide (also known as CO) is a colorless odorless toxic gas that can cause severe brain damage an death. The exposure and danger sneaks up on victims because usually they do not even know that they were exposed. Exposure rates of over 100 ppm are dangerous to human health. Exposures at this Maryland hotel were apparently in the range of 175 ppm to 400 ppm. If you or someone you know has been a guest at this Gardin Inn Hotel you may want to get checked out by a doctor to be sure that you are ok. Symptoms of carbon monoxide poisoning include headaches, vertigo, flu like symptoms and general cold symptoms. Treatment for exposure to carbon monoxide inlcudes hyperbaric oxygen treatment at a hospital. Just last year in Maryland there was a $34 Million Dollar jury verdict in Baltimore City for victims who suffered brain damage (even mild brain damage) due to carbon monoxide poisoning. If you or someone you know has been exposed to carbon monoxide call us for a free phone consultation at 888-213-8140. More importantly though, if you or someone you know was exposed GO TO THE EMERGENCY ROOM IMMEDIATELY.