Maryland Injury Lawyers Blog

Our firm handles injury claims and lawsuits against Maryland Live! Casino which is located in Arundel Mills, in Hanover Maryland. The casio recently opened its doors to the public, and there will surely be a lot of legal claims against Maryland Live. This is because safety policies and procedures have not been in place for any significant period of time. Claims related to card dealer mistakes and improper casino payments are also likely because Maryland Live card dealers are not experienced card dealers for the most part, and are still learning their craft.

If you are injured at a Maryland Casino call us at 888-213-8140.

Claims against the casino can involve personal injuries that occur at the casino (or the Maryland Live parking lots), and other claims involving gambling losses and Maryland Live!'s failure to pay out on money owed. If you are injured at a Maryland Casino it is important to talk to an attorney that understands potential legal issues involved.

One issue to consider is whether an injury or death claim against a Maryland Casino such as Maryland Live! are actually claims against the State of Maryland. The Casino is regulated by the State and receives State Funding, but it is run by private investors,and is likely owned by "PPE Casino Resorts Maryland, LLC" which is located in Baltimore, Maryland. Nobody knows hte answer to this question yet because it has not been litigated. To be safe, it is a good idea to give notice to the State of Maryland pursuant to the State Tort Claims Act and also to give notice to the appropriate local government pursuant to the Local Government Tort Claims Act. According to the State Department of Assesment and Taxation Website, there are at least 3 legal entities with the name Maryland Live in it: "Maryland Live" "Maryland Live! Casino" "Maryland Live Holdings, LLC" and "Maryland Live Holdings Equity Investor, LLC"

Although nothing in this post creates an attorney client relationship, here is some free advice to anyone injured in the Ride-On Bus Crash on Rockville Pike and Nicholson Avenue in Rockville, Maryland on April 22, 2013: Make sure you consult with an attorney and put Montgomery County on "Notice" of your claim as soon as possible. A personal injury lawyer can be helpful in making sure this is done correctly. Our law firm is handling claims arising from this bus accident and our preliminary opinion is that the crash was the result of the negligence of the bus operator and/or other employees of Ride-On (possible brake failure/negligent maintenance claims).

Call us at 301-589-2999 for a free personal injury consultation.

Ride-On is owned by Montgomery County Maryland. Therefore, injury claims against Ride On (or the bus operator) will fall under the Maryland Local Government Tort Claims Act which requires that proper notice be sent to the Montgomery County Executive by certified mail within 180 days of the bus crash.

Those injured in the crash should also notify their own automobile insurance company of the incident as there is a cap on claims under the Local Government Tort Claims Act of $500,000.00 per incident (for all claims) See Section 5-304 of the Maryland Local Government Tort Claims Act. . Since there were apparently about 12 vehicles involved in the collision, and likely numerous bus passengers injured as well, it is quite possible that the total value of all of the personal injury claims from the collision could exceed $500,000.00. In that case, those injured can make a claim with their own uninsured motorist carrier. Those injured in the crash should also make a claim for personal injury protection benefits (usually $2,500.00 but up to $10,000.00 in Maryland). A claim for Personal Injury Protection Benefits, also known as PIP benefits, requires that an application be filed with your own insurance company within a year of the incident. Our website has detailed information about Maryland Personal Injury Benefits and Maryland Uninsured Motorist Benefits.

Our law firm is handling claims arising from this Ride ON Bus Crash and we are happy to discuss your potential claim with you. We provide a free phone consultation, and if you hire us, there is no attorney fee or costs owed if there is no recovery in the case. You will never receive a bill from us. We only get paid if there is a recovery in the case. For more information call us at 301-589-2999 x102.

Nothing in this blog post creates an attorney client relationship. Our firm cannot and does not represent you in your particular claim unless and until a retainer agreement is signed with our law firm.

At Goldberg, Finnegan & Mester, LLC we know that after you have been in a car accident it is a very stressful time. In addition to having to recover from physical injuries, back pain, neck pain and whiplash, car crash victims have often lost their only means of transportation. Our personal injury law firm will do what we can to help you and your family through this difficult time. As a courtesy to our clients we are available to help resolve property damage issues, and in most cases there is no attorney fee at all for this.

Car accidents also often cause people to miss time from work. We will fight hard to recover your lost wages. Many people think that if they were paid for the time that they miss, then they do not have a lost wage claim. Generally speaking, if you miss time from work---even if you are paid for the time missed--you can make a claim for "lost wages" because in fact you are either losing wages or losing leave time. This legal concept is based on the "collateral source rule" which basically means that the person whose negligence caused the accident cannot benefit from the fact that one's employer gave them an employee benefit such as paid time off, paid leave or vacation time.

We recently received favorable feedback from one of our clients and we wanted to share this.

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.

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. 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).

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.

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.

Our thoughts and prayers are with the family of Michael George Balcom who died in a motorcycle accident in Gaithersburg Maryland. The incident occurred on Great Seneca Highway and Longdraft Road--not far from Shady Grove Hospital where the motorcyclist was taken before he died. It seems that a BMW driven by Toney Williams Moses made a left turn in front of the motorcycle without yielding the right of way to the motorcycle. Assuming the accuracy of these facts, the crash was not Mr. Balcom's faullt, and his estate and next of kin could bring a negligence claim against the driver of the vehicle that made the illegal left turn.

Those injured in motorcycle accidents often need legal representation because insurance companies and the police often have an unfair bias against motorcycle drivers. Our law firm has experience representing motorcyclits and the families of motorcyclists injured/killed in accidents on Maryland highways. A few things to keep in mind:

1. This crash was not Mr. Balcom's fault. In Maryland a vehicle turning left must yield the right of way to on-coming traffic. That said, it is quite possible that an insurance company will deny this claim and somehow argue "Contributory Negligence" on the part of Mr. Balcom. Therefore, it is crucial that Mr. Balcom's family conduct an independent investigation of the crash. Too often, especially in cases where a driver is killed, the police only get one side of the story and they do not do a thourough and complete investigation.

2. Motorcycles are not required to carry PIP insurance in Maryland. Therefore, it is unlikely that motorcyclists can make a PIP claim for accidents in Maryland.

3. Evidence from the crash scene should be preserved. Photos should be taken of any skid marks.

4. The Maryland Motor Vehicle Administration offers motorcycle training classes to Maryland motor cycle riders. Statistics show that 90 percent of riders involved in crashes did not have formal training. Participation in such classes is not required by law for adults. The MVA also has a Motorcycle Operator Manual available, and it can be accessed by clicking the highlighted link. Motorcycle Operator Manual.pdf

Goldberg, Finnegan & Mester, LLC is happy to give a free telephone consultation to anyone involved in a motorcycle crash and to the family members of anyone killed in a motorcycle crash. If we take the case, there will be no attorney fees owed if there is no recovery. Call us at 301-589-2999 x102