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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

Closing Arguments: Something to Remind the Jury in Serious Personal Injury Cases

Posted on December 16, 2008
Pat Malone put on his website a closing argument he made in a Maryland medical malpractice case. In his final thoughts to the jury, he reminded the jurors of what I always remind jurors of when I'm delivering a closing: the memories of the victim will fade for you and for me, but this person is going to live with these injuries for the rest of his/her life...

Republicans and Democrats and Jury Awards: Does Party Affiliation Matter?

Posted on December 15, 2008
Wisconsin Lawyer (via Overlawyered via JuryVox) has an interesting article on the impact a juror?s political bent has on the amount of damages awarded in personal injury cases. The study contained 476 mock jurors who identified themselves as either Democrats or Republicans...

New ICD Technologies

Posted on December 12, 2008
In an article published Wednesday in the New England Journal of Medicine, the cardiologist who sounded an early alarm on the later recalled Medtronic Sprint Fidelis leads warns that a soon-to-be-approved electrical component for implantable heart devices may prove dangerous to patients...

Maryland Mediators

Posted on December 12, 2008
We have added to the Personal Injury Lawyer Help Center a list of mediators in Maryland handling personal injury cases. Our law firm uses this list when someone suggests mediation (or arbitration) just to get a feel of who is out there doing these mediations...

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Attention Maryland Lawyers Handling Snow and Ice Slip and Fall Cases (Assuming There Are Any Left)

Posted on December 11, 2008
On Monday, the Maryland Court of Special Appeals decided Allen v. Marriott Worldwide Corporation, a Montgomery County slip and fall on ice case. The case sends a clear message to Maryland slip and fall lawyers: most ice slip and fall cases will not get to a jury...

Federal Judges Get a Bailout

Posted on December 11, 2008
The federal judges got their own financial bailout package. A judicial pay raise has been tucked into the proposed $14 billion bailout for U.S. automakers. This pay raise puts judicial salaries on a par with members of Congress. Senate Majority Leader Harry Reid apparently insisted that the judicial pay raise go into the automaker bailout package...

Black Friday Walmart Lawsuit

Posted on December 04, 2008
Reuters reports that the family of a man killed in a stampede of frenzied Christmas shoppers on Black Friday filed a wrongful death lawsuit against Wal-Mart in New York. This is a very public case. It is going to be hard to find a juror that has not heard about it...

Let's Blame Maryland Medical Malpractice Lawyers for Everything

Posted on December 02, 2008
Southern Maryland News has an article about a serious problem: the shortage of doctors in Southern Maryland. This is a good issue that needs attention. I?ve written about his on the Maryland Injury Lawyer blog in the past in a post titled ?Doctor Shortage in Maryland? A Doctor in Southern Maryland Says There Is a Shortage of Doctors...

Post Holiday Personal Injury Related Links

Posted on December 01, 2008
I took most of last week off for the Thanksgiving holiday. Instead of putting out a post this morning, I thought I would pass along what I have been reading over the past week, germane to personal injury law. EurekAlert has an article titled ?Electronic Health Records May Lower Malpractice Settlements...

Representing Personal Injury Accident Victims in Catastrophic and Wrongful Death Cases

Posted on November 24, 2008
I've been asked by Trial, the Journal of the American Association for Justice, to write an article on mediations in death and catastrophic injury cases. The article will contain a section about preparing your client's for the mediation process which is what I did yesterday last week in a wrongful death truck accident case, meeting with the decedent's 15 year-old daughter and her mother, and the victim's mother and three children...

Defense Lawyers Ex Parte Conversations with Doctors

Posted on November 21, 2008
In an awful decision this week in a wrongful death medical malpractice case, the Michigan Court of Appeals overturned a lower court?s ruling which would have prevented ex parte communications between defense counsel and a Plaintiff?s treating physician from being entered into evidence, because HIPAA privacy rules already prohibit medical malpractice defense lawyers from meeting ex parte with plaintiff's physicians even if the Plaintiff has executed a HIPAA authorization...

Jury Consultants: To What Extent Does Methodology Matter?

Posted on November 17, 2008
Risk & Insurance had an interesting article about ?scientific perspective? in predicting jury verdicts. The premise of the article is that the quality of jury consultants varies wildly because different jury consultants use different methodologies. In the litigation world, there are no barriers to entry for those who seek to be jury consultants...

Advice for Doctors in Medical Malpractice Lawsuits

Posted on November 12, 2008
Dr. Henry M. Learner, an instructor in Obstetrics and Gynecology at Harvard, writes an article in this month?s OBG Management called ?Rebuff Those Malpractice Lawyers? Traps and Tricks.? Dr. Learner is also the president of Shoulder Dystocia Litigation Consultants, a group that works with defense lawyers, medical malpractice insurance company case managers, and hospital risk managers in shoulder dystocia-related injuries and litigation...

Wrongful Death Verdicts for Minor Children: A Large Sex Based Difference in Verdicts

Posted on November 11, 2008
In wrongful death cases, the size of jury verdicts has always tilted in favor of men, which is why many have argued that caps on non economic damages are sexually discriminatory. In a new study, Jury Verdict Research offers a very different conclusion when comparing compensation in wrongful death claims between minor females and minor males...

Cancer Misdiagnosis Cases in Maryland: New Malpractice Opinion from Maryland's High Court

Posted on November 10, 2008
In January, I wrote about Marcantonio v. Moen, an Anne Arundel County medical malpractice lawsuit that was dismissed on summary judgment by the trial court. The malpractice lawsuit alleges wrongful death as the result of an OB/GYN?s misinterpreting a sonogram and failing to order sufficient tests to follow up on the woman?s symptoms...

Obama Wins: Now What?

Posted on November 05, 2008
I rarely offer my views on subjects outside of personal injury issues on the Maryland Injury Lawyer Blog because I don't think anyone really cares. No, really. I'm pretty sure about this. But today is a pretty special day so I'll make an exception, regardless of whether anyone's listening...

Electing Judges in Maryland

Posted on November 05, 2008
The Maryland Lawyer Blog wrote a short post on December 3, 2007, about Governor O?Malley?s elevation of Anne Arundel County District Court Judge J. Michael Wachs to the Circuit Court bench. Judge Wachs was overwhelmingly approved by voters yesterday, receiving approval from 99 percent of those who voted...

Washington Post Editorial on Wyeth v. Levine

Posted on November 03, 2008
Wyeth v. Levine is big, obviously. I did not realize quite how big until I saw this Washington Post editorial on Election Eve of all times, arguing that the issues in Wyeth v. Levine should be decided by Congress, not the Supreme Court. This case is not just big in the products liability lawyer world...

Oral Arguments in Wyeth v. Levine

Posted on November 03, 2008
The Supreme Court Oral Arguments in Wyeth v. Levine are available here. I read about 40 pages of it - more than half - and I hope to finish it tonight. Is there anyone who even pretends to know how the Supreme Court is going to rule in this case? Potential upside to a broad pro-defendant ruling: Congress and President Obama are mobilized to pass a strong bill that overrules Wyeth v...

Chantix Lawsuits Are Up; Chantix Sales are Down

Posted on November 03, 2008
Chantix sales in this country have fallen 49% percent, Pfizer reported last week. However, internationally, sales jumped 60 percent. This report comes as the FDA said it may need to upgrade warnings on Chantix after increasing reports of road-traffic accidents and seizures involving people on Chantix...

Personal Injury Links: Halloween Edition

Posted on October 31, 2008
Deliberations has a blog post on an issue I have never considered: whether a downturn in the economy leads to less diverse juries. Dr. Wes (via Overlawyered) tells us doctors donated a lot more to Senator Obama then Senator McCain. May It Please the Court sets out the 10 greatest trials in history...

Justice Clarence Thomas on Listening

Posted on October 30, 2008
Supreme Court Justice Clarence Thomas told a group of lawyers in Atlanta last week that judges should spend more time listening and less time talking. "I believe quite strongly we, as judges, need to take the approach we're here to solve difficult problems, not debate with lawyers," Justice Thomas told the lawyers...

October?s Chicago Lawyer contains

Posted on October 28, 2008
October?s Chicago Lawyer contains excerpts from an interview with John L. Kirkton the editor of the Jury Verdict Reporter for the last 17 years. One great myth debunked by Mr. Kirkton is the theory that jurors tend to give more around Christmas. Personal injury lawyers are always looking to schedule trials around Christmas and defense lawyers always try to avoid civil jury trials in December because they think the spirit of giving leads to more sympathetic jurors...

Larger Verdicts During the Holiday Season?

Posted on October 28, 2008
October?s Chicago Lawyer contains excerpts from an interview with John L. Kirkton, the editor of the Jury Verdict Reporter for the last 17 years. One great myth debunked by Mr. Kirkton is the theory that jurors tend to give more around Christmas. Personal injury lawyers are always looking to schedule trials around Christmas and defense lawyers always try to avoid civil jury trials in December because they think the spirit of giving leads to more sympathetic jurors...

Wyeth v. Levine

Posted on October 27, 2008
The Wall Street Journal has an article today on the oral arguments before the Supreme Court in Wyeth v. Levine. In an unrelated but very related story, The Washington Post had an article from a Republican suggesting that the RNC drop the focus on McCain and turn to salvaging the Senate races...

Obama and Tort Reform

Posted on October 23, 2008
In the final debate, Senator Barack Obama was asked to name a situation where he stood up to leaders of his own party. The answer Senator Obama most forcefully pointed to was his vote in 2005 for the Class Action Fairness Act (CAFA) which he described as standing up to trial lawyers...

Exact Numbers in Personal Injury Cases

Posted on October 22, 2008
David Davis, a Massachusetts based jury consultant, offers five thoughts in The Jury Expert on the psychology of how jurors process requests for damage awards that I think is of interest to accident and malpractice lawyers. I found of particular interest his theory that consumers ? and by implication jurors ? have a propensity to judge precise amounts of money to be lower in magnitude than similar round prices...

Deposition Question That a Lawyer Should Not Ask

Posted on October 15, 2008
John Bratt has a Baltimore Injury Lawyer Blog post about a defense lawyer asking a question in an auto accident case for the sole purpose of embarrassing a witness. The question had no relevance to the accident or the Plaintiff's injuries from the accident...

Dog Food Case Settles: Who Won?

Posted on October 14, 2008
The Los Angeles Times reports that dog and cat food companies will pay $32 million to settle lawsuits filed by pet owners whose dogs and cats died last year after eating contaminated pet food. You would be hard pressed to find someone who loves animals more than I do...

The "Framing" of Personal Injury Lawyers and Tort Reform

Posted on October 10, 2008
I just finished George Lakoff?s book, Don't Think of an Elephant! Know Your Values and Frame the Debate. Channeling my inner Joe Biden, I loved the book; I hated the book. I hated the book because as much as Lakoff obviously tried to fight it, he does too much of the ?no reasonable person could think this way unless they were being manipulated? spiel...

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