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Personal Injury Law

Maryland Injury Lawyer Blog

Maryland personal injury related material from Miller & Zois.

Post Frequency: 4.4/day

Last Entry: April 01, 2011 at 15:16:36

New Maryland Appellate Opinion on Survival Actions

Posted on July 09, 2009
The Maryland Court of Special Appeals found Monday that the trial court erred in excluding the estate of a five year old drowning victim from presenting a survival action for conscious pain and suffering of the child while drowning. You can find the opinion here...

Defensive Medicine and the Congressional Budget Office

Posted on July 06, 2009
Obama's original health care bill is dead on arrival because after the Congressional Budget Office -- the nonpartisan gold standard of objectivity according to GOP talking points - concluded last month that the proposed health care reform would cost $1 trillion over the next decade and still leave millions uninsured...

Vicodin and Percocet Recall on the Way?

Posted on July 01, 2009
CNN reports that an FDA government advisory panel voted yesterday to recommend eliminating prescription drugs that combine acetaminophen with narcotics -- such as Vicodin and Percocet -- because of their risk for overdose and for severe liver injury. I'm glad to see the FDA is looking at the safety and efficacy of existing drugs...

Overlawyered: 10th Birthday

Posted on July 01, 2009
Overlawyered celebrates its 10th birthday today. I disagree with many of Walter' Olson's views but we have a lot of common ground, too. I read his blog almost every day as do a lot of others who, like me, share a different philosophy on many issues...

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Personal Links: July 4th Weekend Edition

Posted on June 30, 2009
If you have any suggestions for links, send me an email, I'm all ears. Maryland specific links are at the bottom: The New York Times reports that General Motors will continue to have responsibility for products liability lawsuits filed against it after bankruptcy...

Wrist Fracture Verdicts and Settlements

Posted on June 29, 2009
Metro Verdicts Monthly graph this month is the median verdict and settlement value of wrist fracture cases over the last 22 years. The average settlement/verdict in Washington D.C. is $105,000. Maryland is less than half that: $50,000. The average settlement/verdict in a wrist fracture case in Virginia is $52,583...

Are Doctors Better Than Lawyers? Yes

Posted on June 25, 2009
Notwithstanding the last two blog posts, I have found reason #394835 why I want my kids to be doctors instead of lawyers: an on-line law school course graduate has been made a new member of the Massachusetts bar. This new lawyer's picture is in the Boston Herald story...

Medical Malpractice Lawyers in Maryland Are the Problem Says Ron Miller?

Posted on June 24, 2009
Ron Miller has written an article for Southern Maryland Online titled, "Is There a Doctor in the House?" Mr. Miller argues that Maryland needs medical malpractice reform if we are going to reform our health care system and that we have to make medical malpractice lawsuits in Maryland "less attractive" for Maryland medical malpractice lawyers...

Medical Malpractice Lawsuits: How Strong Is the Link to Defensive Medicine?

Posted on June 24, 2009
According to Harvard University economist Amitabh Chandra, annual jury awards and legal settlements involving doctors amount to $3.6 billion, a drop in the bucket in a country that spends $2.3 trillion annually on health care. Medical malpractice reform advocates claim that this does not account for defensive medicine...

Product Liability Lawyer Accused of Misconduct

Posted on June 22, 2009
The Courier-Journal in Louisville, Kentucky has an article on an amazing lawsuit in Kentucky in yet another derivative claim of the fen-phen litigation. Plaintiff claims that her lawyers told her that her echocardiogram showed that her heart was "like a tire that might burst? as a result of the use of fen-phen...

New Massachusetts Opinion on Duty and Foreseeability

Posted on June 18, 2009
A hospital did not breach a duty of care as a matter of law to a police office who was injured responding to a traffic accident allegedly caused by a just-released colonoscopy patient, Massachusetts' highest court has ruled, affirming the trial court below...

Claims for "My Plane Went into the Hudson Bay"

Posted on June 17, 2009
The Wall Street Journal reports that AIG is playing hardball with Flight 1549 claims from passengers that suffered injury or lost property (cell phone, i-Pods, etc.) when their plane landed in the Hudson River. Their thinking? An AIG spokesman told the Wall Street Journal that bad publicity is better than no publicity, which explains AIG's thinking with those bonuses...

Personal Injury Links: Post Vacation Update

Posted on June 15, 2009
I'm back from the Maryland State Bar Association convention in Ocean City. What? You did not see me there? Okay, I never actually made it to the convention. But the brochure looked nice. Anyway, I'm back and these are the links of interest I found this weekend: Maryland law firms are hiring...

Obama to AMA: Open to Reform, Not Malpractice Caps

Posted on June 15, 2009
From President Obama speech today: Now, I recognize that it will be hard to make some of these changes if doctors feel like they are constantly looking over their shoulder for fear of lawsuits. Some doctors may feel the need to order more tests and treatments to avoid being legally vulnerable...

Obama Turns on Medical Malpractice Tort Reform?

Posted on June 11, 2009
President Obama will speak to the American Medical Association on Monday. What's on the agenda of the President? There is speculation that he will support some form of medical malpractice reform to throw doctors a bone in his health care reform package...

Collateral Source Rule Under Attack in Indiana

Posted on June 08, 2009
The Indiana Supreme Court issued a troubling opinion last week in Stanley v. Walker, ruling that the discounted price actually paid for medical care by insurance is admissible as evidence. Ah, what about the collateral source rule? Well, the Indiana Supreme Court thinks they have us covered...

Personal Injury Jury Verdicts and the Recession

Posted on June 04, 2009
Michigan Lawyers Weekly published an article titled ?Populist juries side with plaintiffs.? (No web link available.) This title got my attention because I have been speculating about the impact our economic troubles are having on jury verdicts. The thesis of the article appears to be that juries are more likely to side with plaintiffs in this economy, but are less likely to give large damage verdicts...

Bousch & Lomb Settlement

Posted on June 03, 2009
The Drug Recall Lawyer Blog has a post today supplementing/rebutting Mark Herrmann's blog post on the Drug and Device Law Blog on the Daubert issues in the Bausch & Lomb eye infection cases. Mark posted his blog at 5:00 a.m. and John responded a few hours later...

Breast Cancer Lawsuits

Posted on June 02, 2009
The Doctors Company provides a list by Dr. Richard E. Anderson of 39 ways for doctors to get sued for for not properly diagnosing breast cancer or failure to properly treating breast cancer after it has been diagnosed (via Day on Torts, via Eric Turkewitz's New York Personal Injury Attorney Blog)...

Cerebral Palsy Verdict in Frederick

Posted on June 01, 2009
The Maryland Daily Record reports that a Frederick County jury awarded nearly $4 million to a boy in a malpractice lawsuit claiming the child?s cerebral palsy was caused by his doctors? failure to properly monitor his heartbeat before delivery. The jury?s verdict was against an ER doctor and an obstetrician...

Denture Cream Lawsuits: An Overview of the Problem

Posted on June 01, 2009
Zinc is common enough?it is even a dietary requirement. Humans should typically ingest between eight and eleven milligrams per day (often through red meat, nuts and grains). However, lawsuits alleging zinc toxicity of denture creams are showcasing how too much of a good thing can be harmful...

Slow Blog Posting Week

Posted on May 29, 2009
Not many Maryland Injury Lawyer Blog posts this week. A few years ago, I started the Maryland Lawyer Blog because I found the injury blog just had too many posts that were not focused on malpractice, car accidents, and product liability cases. The Maryland Injury Lawyer Blog is meant to be a niche blog on just personal injury cases...

Drug Recall Lawyer Blog

Posted on May 27, 2009
We recently added a sixth lawyer, John Cord, to our team at Miller & Zois. You can read his biography here. John has started his own blog, the Drug Recall Lawyer Blog. This blog is directed a product liability lawyers handling drug and medical device case in Maryland and around the country...

Should Blogs Name Names of Non Public Figures?

Posted on May 21, 2009
The Maryland Lawyer Blog yesterday wrote about the hubbub in the legal blogosphere when an associate at Quinn Emanuel - a large law firm that represents the Washington Redskins in their dispute with American Indian groups - engaged in an email exchange with a partner after another partner wrote one of the big firm standard "We Are the Masters of the Universe" email after a favorable ruling...

Unbelievable Personal Injury Lawyer Ads, Part II

Posted on May 20, 2009
Esquire (via Overlawyered) has videos of the five worst lawyer ads. It is worth taking the time to watch these. If you do nothing else today, click on the last one, the California Switchblade. Transcendent unintentional comedy. If you are having fun, go to YouTube...

Humor at Trial

Posted on May 19, 2009
I read a series of articles in Trial Magazine on cross examining experts at trial. One article revolved around a joke the lawyer made and how everyone laughed, except for the expert. The moral of the article is that the expert?s failure to laugh at the joke ?showed the witness?s pomposity? and was the ?key to the jury acceptance of [plaintiff?s] experts and their credibility...

Vison Loss Settlement and Verdicts

Posted on May 18, 2009
Metro Verdicts Monthly graph this month is the median verdict and settlement value of ?vision loss? personal injury cases. Omitting defense verdicts, the average settlement/verdict in Washington D.C. is $500,000. What do you think the average is in Maryland? Somehow, I doubt you would guess anything in the neighborhood or even the zip code of $192,700...

(Mostly) Personal Injury Related Links

Posted on May 14, 2009
A big firm lawyer in New York kicks her young kids out of the car. I can't decide whether the presentation of this story is wildly inappropriate. Probably. Evan Schaeffer talks about prepping personal injury clients for deposition Is it okay if Supreme Court Justices nominees are fat? Answer? Sure, but get to the gym once in a while...

Settlement Loans: The Bane of Personal Injury Lawyers

Posted on May 13, 2009
The lure of a settlement loan is clear: up front money. The interest rate for settlement loans? Imagine the interest rate that Gazzo (Rocky Balboa?s loan shark boss in Rocky I) must have charged. Then double it. How do they get around usury laws that say you can?t take advantage of other people? How are these settlement loans not a dictionary definition of predatory lending? The backdoor is that the outcome of a car accident claim or lawsuit is theoretically uncertain...

Workmen's Compensation Uninsured Motorist Setoff: New Opinion for the Maryland Court of Special Appeals

Posted on May 12, 2009
The Maryland Court of Special Appeals in a 2-1 decision today affirmed a Frederick County trial court?s grant of summary judgment to Erie Insurance in an underinsured motorist lawsuit. The nutshell: State Farm paid its $100,000 liability policy in a serious injury car accident case...

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