Maryland Injury Lawyers Blog

Yesterday there was a terrible construction accident at the Montgomery Mall Parking garage. One man was killed and another was apparently seriously injured.

Our thoughts and prayers go out to the family of the man killed and to the man who was seriously injured.

Construction accidents like this typically occur because safety rules are not followed.

A 50,000 pound slab of concrete collapsed in a parking lot that was under construction. The injured worker was pinned for hours before he was rescued . The contractor for the garage is Whiting-Turner Construction Company. Other sub-contractors may also have been involved in the project.

Under Maryland law the injured worker is entitled to Workman's Compensation Benefits, but will not be permitted to file a full blown lawsuit against his employer for negligent safety practices. The injured construction worker's family should retain an attorney to investigate potential third party claims against co-employees, and negligent third parties other than the employer. Maryland workman's compensation benefits include medical bills, 2/3 of the average weekly wage and permanent impairment compensation.

When a serious contruction accident occurs in Maryland, the Maryland Department of Labor will investigate and issue the appropriate safety violations which can include fines.

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"

Today numerous experts and medical doctors wrote a Letter from doctors to FDA 3.19.13.pdf to the U.S. Food and Drug Administration (FDA) concluding that:

"Based on our own research and our review of the published literature cited herein, we conclude that there is no general consensus among qualified experts that the addition of caffeine in the amounts used in energy drinks is safe under its conditions of intended use as required by GRAS standard, particularly for vulnerable populations such as children and adolescents. On the contrary, there is evidence in the published scientific literature that the caffeine levels in energy drinks pose serious potential health risks, including increased including increased risk for serious injury or even death."

The signatories to this letter are from prestigious teaching hospitals and schools including John's Hopkins, University of Maryland, Wake Forest School of Medicine, University of California Berkley, and UMass Memorial Medical Center.
The doctors urge the FDA to take quick action to protect children and teens from the dangers of highly caffeinated energy drinks and to apply the "Generally Regarded as Safe" standard for soda to energy drinks and other beverages that contain caffeine as an additive.

The doctors also urged the FDA to require energy drink manufacturers to include caffeine content on product lables.

The letter first desccribes what Energy Drinks are and discusses that they are marketed to teenagers and young adults.

The letter does a good job of distinguishing energy drinks from coffee (see page 2). Basically the Letter explains that caffeine in coffee is naturally occurring, many energy drinks contain more caffeine than coffee, and coffee is typically served hot and consumed slowly while energy drinks are served cold and consumed rapidly (some manufacturers advertising and can design encourage teens to ingest large quantities quickly by saying things like "pound down" "Chug it down".

The article then discusses the health complications of energy drinks. The article discusses the FDA Adverse Event Reports, DAWN Drug Abuse Warning Network reports of increased Emergency Room Visits, Cardiovascular Complications, Seizures, Childhood Obesity, and other health issues related to the consumption of energy drinks. The report also discusses the combination of alcohol consumption and energy drinks. The Article states "consuming energy drinks mixed with alcohol is associated with serious alcohol related consequences such as sexual assault and driving while intoxicated."

Anyone interested in learning more about the dangers of energy drinks should read this letter. It is very well written and well documented with 66 footnotes citing to a large amount of scientific articles about energy drink dangers. Another great resource for information about the dangers of energy drinks is at GFMJustice.com

Of course if you or someone you know has suffered a heart attack or death after consuming an "energy drink" please contact us at 888-213-8140.

The outcome a Maryland trial can be pre-ordained depending on where the plaintiff attorney files the lawsuit. That is because jury pools vary significantly in Maryland. Obviously, a Western Maryland (e.g Hagerstown) Jury is going to have much different life experiences than a Baltimore City Jury. This week the Court of Special Appeals issued a well written opinion summarizing the law of forum non-conveniens in Maryland. Forum Non-Conveniens Motions are based on Maryland Rule of Procedure 2-327 (c).

The rule provides that:

(c) Convenience of the Parties and Witnesses. - On motion of any party, the court may transfer any action to any other circuit court where the action might have been brought if the transfer is for the convenience of the parties and witnesses and serves the interests of justice

In Smith v. Johns Hopkins Community Physicians the plaintiffs filed suit in Baltimore City (a preferred plaintiff's venue--in other words known for plaintiff verdicts and jury outcomes that fairly and properly compensate injured plaintiffs). It is a Medical Malpractice Wrongful Death Case. The Defendants then filed a motion to transfer venue based on forum non-conveniens asking the Court to transfer the case to Baltimore County (a preferred defendant's venue---in other words, known for defense verdicts and low verdicts). The Trial Judge in Baltimore City Circuit Court---Judge Cannon-reviewed the motion, the opposition to the motion and ruled without a hearing that the case should be transferred to Baltimore County because the plaintiff lived there.

The Plaintiffs filed an immediate appeal to Maryland's Court of Special Appeals. It is important to note that most trial court orders are not immediately appealable (you have to wait until the trial is over to take an appeal). However when a judge grants a motion to transfer based on forum non-conveniens the aggrieved party is entitled to an immediate expedited appeal. That is what happened here.

Maryland law required that the Court of Special Appeals review the trial judge's decision to transfer the case from Baltimore City to Baltimore County on an "abuse of discretion standard." What that means is that the Court must uphold the trial judge's finding unless it determines that the trial judge abused her discretion. This is a difficult legal standard to overcome---and as a practice note----trial lawyers know that if they lose the transfer of forum issue at the trial court level, getting the issue reversed on appeal is highly unlikely.

The bottom line is that the Court of Special Appeals ruled that the trial Judge (Judge Cannon) did not commit error and her transfer of the case to Baltimore County was upheld. The Court opinion concluded by saying

"Substantively we see no error. Baltimore County was far and away a more convenient forum than Baltimore City. A forum conveniens is always to be preferred over a forum non conveniens. Procedurally we see no error. Judge Cannon did everything she was required to do and she did it impeccably well."

This medical malpractice case is going to be decided by a Baltimore County jury rather than a Baltimore City jury. Frankly, this reduces the settlement value of the case.

Remember Mr. Yuck? Well, Poison Control Centers are now tracking reports of calls related to energy drink exposures, and the 2012 data is disturbing.

Poison Control Centers in the USA apparently received 3,147 reports of exposures to energy drinks, and that well over half of those reports were for children 18 and younger. This data was compiled by the National Poison Data System which is the only comprehensive poisoning exposure surveillance database in the USA. This data, coupled with the numerous adverse event reports that the Food and Drug Administration has received related to energy drinks is convincing! Energy Drinks are dangerous and can cause serious injuries or death for certain individuals---In particular, anyone with an underlying heart condition should not drink any energy drinks at all.

Poison Control Centers throughout the United States are telling people to use caution and common sense when consuming Energy Drinks and related products. The American Association of Poison Control Centers Website Reports that

"The American Academy of Pediatrics has concluded that "caffeine and other stimulant substances contained in energy drinks have no place in the diets of children and adolescents."

If you are concerned that you are having an adverse reaction after consuming an energy drink such as Monster Energy Drink, Red Bull, Rock Star or 5 Hour Energy, then you should seek medical attention immediately. The Poison Control Center's cautionary alert on energy drinks indicates that drinking too many energy drinks or drinking them too fast can cause increased heart rate, altered heart rhythm, chest pain, dehydration, seizures, kidney problems, increased blood pressure, mood changes and other symptoms. You can also report the Energy Drink Injury Incident to the Poison Control Center by calling 1-800-222-1222.

If you want to learn more about the dangers of energy drinks, visit the Goldberg, Finnegan & Mester, LLC Website at www.gfmjustice.com.

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.

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

# # #

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.

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.

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

Energy Drinks such as Monster Energy, Rockstar, and Redbull can be extremely dangerous to individuals who have any sort of underlying heart condition. If you or someone you love suffered a heart attack after consuming an energy drink, call us at 888-213-8140 for a free telephone consultation. We believe that energy drink manufacturers may be responsible for injuries and deaths caused by their products because they do not properly warn consumers of the possible dangerous effects, and many companies seem to market directly to children.

There is no doubt that the combination of caffeine, guarana and other herbals supplements in these energy drinks can cause the heart to beat faster. There are documented cases of children having cardiac arrhythmias and/or heart attacks as a result of consuming energy drinks. The Official Journal Of The American Academy of Pediatrics published an article titled "Health Effects of Energy Drinks on Children, Adolescents and Young Adults in 2011. The article concludes that

Energy Drinks have no therapeutic benefit and consuption of the drinks may put some children at risk for serious adverse health effects; (2) energy drinks typically have high levels of caffeine, taurine, and guarana, which have stimulant properties and cardiac and hematologic activity, but manufacturers claim that energy drinks are nutritional supplements which shields them from the caffeine limits imposed on sodas and the safety and testing labeling required of pharmaceuticlas, (3) energy drinks contain other ingredients which are understudied and are not regulated, (4) youth aimed marketing and risk taking adolescent developmental tendencies combine to increase overdose potential (5) high consumption is suggested by self report surveys but is underdocumented in children and (6) interactions between compounds, additive and dose depenedent effects, long term consequences, and dangers assocaited with risky behavior in children remain to be determined.

In my opinion, The theories of liability for holding energy drink companies legally responsible for the injuries they cause may include product liability claims, negligence claims, consumer protection violation claims, failing to warn consumers of dangers, and negligent marketing of their product.

Our lawyers are evaluating claims related to injuries caused by energy drink consumption. Call us at 888-213-8140 for a free telephone consultation.