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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

Are High Low Agreements Admissible in Medical Malpractice Cases: Connecticut's View

Posted on June 02, 2008
I read over the weekend an interesting decision from the Connecticut Supreme Court that came out last week. The case, Monti v. Wenkert, is an absolutely awful medical malpractice case involving a seventeen year-old girl who presented with significant but subjective symptomology that was dismissed as psychological by her GP, his physician?s assistant, and the emergency room at the hospital...

Is Chantix the Next Class Action?

Posted on May 29, 2008
The Baltimore Sun reported last week that the FAA has banned pilots and air traffic controllers from using the quit-smoking drug Chantix following a study that found it had apparently contributed to auto accidents and other mishaps that posed risks to both users and others...

Do We Know How to Drive and How Much Does It Matter?

Posted on May 27, 2008
In a story that was making news before the Memorial Day weekend, GMAC Insurance polled 5,524 licensed drivers and asked them 20 questions from the tests given by various state motor vehicle administrations around the country. There are a zillion statistics offered by this study but the one that is getting everyone's attention is that approximately 33 million of us would fail a written drivers test if they took it today...

Insurance Company Claims Files: An Inside Look

Posted on May 16, 2008
I was a defense lawyer for a number of years. Incredibly, when I write motions, I still find myself reflexively referring to my client as ?the Defendant.? But as time goes on, I?m starting to forget exactly how corporate defendants and insurance companies think...

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Digitek Recall Lawsuits

Posted on May 16, 2008
Digitek is manufactured by Icelandic generic drug-maker Actavis Totowa; it is distributed by Mylan Pharmaceuticals under the label "Bertek and by UDL Laboratories under the label "UDL." Digitek is medication for patients with mild to moderate heart failure, and control of ventricular response rate in patients with chronic atrial fibrillation...

Dennis Quaid Testifies Before Congress on Heparin and Preemption

Posted on May 15, 2008
Dennis Quaid testified yesterday before the House Committee on Oversight and Government Reform considering the reversal of the Riegel v. Medtronic Supreme Court decision finding that state tort claims regarding medical devices were preempted if the FDA granted pre-market approval for the medical device...

Doctor Files Medical Malpractice Lawsuit

Posted on May 13, 2008
In the Maryland Lawyer Blog a few weeks back, I wrote about what I thought was the primary fuel to the tort reform engine: people do not expect to be the victims of an accident that is the result of the negligence of someone else, and they certainly do not expect to be victims of medical malpractice...

Stryker Hip Implants: More Reports of Problems

Posted on May 13, 2008
The New York Times ran an article yesterday aptly titled, ?It Must Be Bob. I Hear His Hip Squeaking,? discussing people with hip implants, largely Stryker hip implants, who were told to try new ceramic hip implants. The Stryker hip implants and their sister implants were promoted as being much more durable than the previous generation of hip implants...

Congress Looks at Riegel v. Medtronic

Posted on May 12, 2008
On Wednesday, the House Committee on Oversight and Government Reform begins hearings on the reversal of the Riegel v. Medtronic holding that state tort claims regarding medical devices were preempted if the FDA granted pre-market approval for a medical device...

Legal News/Blogosphere Week in Review

Posted on May 12, 2008
I like to blog on Monday but given my figurative post-Mother's Day weekend hangover, I decided to review the original stories/opinions of others as opposed to venturing to offer my own: The Baltimore Sun had an interesting article on allegations of bizarre misconduct by a Nevada judge in a bizarre story with a lot of interesting six degrees of separation subplots...

The Size of Plaintiff's Personal Injury Law Firms

Posted on May 06, 2008
The Legal Intelligencer has an interesting article about the size of personal injury law firms. I have always found it interesting that personal injury law firms in Maryland and in most states tend to come in two sizes: small and very small. Peter Angelos? office in Baltimore is the sole exception in Maryland, largely because they have their hands around the asbestos juggernaut...

Nursing Home Abuse and Neglect Verdicts and Settlements in Maryland, Washington, D.C., and Virginia

Posted on May 02, 2008
Every month or so, I report on the Metro Verdicts Monthly graph on the front of their publication which compares verdicts and settlements for a certain type of personal injury claim in Washington D.C., Maryland, and Virginia. Sometimes I am surprised by the difference in the results...

Lawyer Questions Fairness of Baltimore City Jurors After Medical Malpractice Verdict

Posted on April 28, 2008
On Wednesday, a Baltimore City jury awarded a 78-year-old Owings Mills woman $2 million in a medical malpractice case stemming from a failed surgery that led to three successive leg amputations. After the verdict, Defendant?s medical malpractice lawyer gave this quote to the Maryland Daily Record: ?This reaffirms my long held view that it is extremely difficult for a physician to get a fair trial in Baltimore City, particularly where there is a bad outcome and a sympathetic Plaintiff...

Heparin Litigation Update

Posted on April 23, 2008
The New York Times yesterday reported that the FDA has announced that the oversulfated chondroitin sulfate contaminant found in Chinese-made heparin, which has officially been linked to 81 deaths and will soon be linked to a lot more, has also been found in drug supplies in Australia, Canada, China, Denmark, France, Germany, Italy, Japan, the Netherlands, New Zealand and, of course, the United States...

Southwest Safety Inspections Lawsuit

Posted on April 17, 2008
Four passengers have filed a lawsuit in Alabama against Southwest Airlines, alleging breach of contract, negligent and reckless operation of an aircraft, and unjust enrichment. The essence of the complaint is that the company breached its contract with its customers by carrying them on planes that missed safety inspections...

Feel Good Wednesday

Posted on April 16, 2008
Yesterday, we settled a serious car accident case in mediation that I never thought would settle. The client was looking well beyond the fair value of the case, valuing the claim at $2.1 million (our maximum potential recovery with Maryland cap on pain and suffering damages) and defendant undervalued the claim from the very beginning...

Personal Injury Loans

Posted on April 16, 2008
I saw today an interesting blog post by a Massachusetts law firm advocating that Massachusetts ban finance companies who offer loans to people using their personal injury cases as collateral. The post (and a comment to the post) argues that by making the loans non-recourse loans contingent on the settlement, these companies get around existing usury laws...

2008 Legislative Session's Impact on the Maryland Personal Injury Lawyer

Posted on April 14, 2008
Although I'm hardly an expert on the Maryland legislature, I look at some of the bills that impact Maryland personal injury lawyers and their clients that passed or failed in this legislative session in Annapolis and provide some commentary on them on the Maryland Lawyer Blog today...

Allstate May Not Be Quite at Full Disclosure

Posted on April 14, 2008
My blog post on Thursday left the impression that Allstate had produced all relevant documents that plaintiffs' lawyers have been demanding. Apparently, after reviewing all of the documents, this may not be the case. Click here for the Time-Picaqune (New Orleans) article on what plaintiffs' lawyers say is still missing...

Allstate Relents and Produces Internal Claims Documents

Posted on April 09, 2008
Back in January, I wrote about Allstate?s on going war with the state of Florida (and Missouri) in which it arrogantly racked up more than $4 million in fines for refusing to turn over documents that they had been ordered to produce and which had been requested by the insurance commission in Florida...

Heparin Recall Death Toll Rises

Posted on April 09, 2008
The FDA yesterday raised from 19 to 62 its estimate of the number of people who may have died as the result of the Baxter heparin recall. Regrettably, this number is going to continue to rise well past 62 fatalities. Our law office alone has received calls in scores of heparin related death cases...

Let's Give the FDA More Work

Posted on April 04, 2008
A House committee this week approved legislation that would give the FDA new authority over the tobacco industry, giving the FDA the ability to regulate the sale and marketing of tobacco products such as flavored cigarettes and "light and low tar" products...

Value of an Amputated Toe

Posted on April 03, 2008
A recent Jury Verdict Research analysis of jury verdicts over the last 10 years found that the overall median award for the amputation of one toe is $119,008. The median award for foot nerve damage or tarsal tunnel syndrome accident cases was $143,265...

Does Singulair Cause Suicide?

Posted on March 28, 2008
The FDA said yesterday it is looking into a possible association between Merck's allergy and asthma drug Singulair and suicide. The FDA has received reports of mood changes, suicidal ideation and suicide in patients who have taken Singulair. Trying to get out on the front of the curve with its package insert, Merck has previously updated Singular?s drug labeling four times to include potential risks of tremors, anxiousness, depression and suicidal behavior that has been reported in some users of Singulair...

Financial Information on Hired Gun Experts

Posted on March 27, 2008
Our lawyers have long believed that professional expert witnesses? financial information, including their tax returns, may be discoverable and admissible for the purpose of showing potential bias. Yesterday, the Alaska Supreme Court joined the list of jurisdictions that agree with us...

Personal Injury Lawyer Websites Disguised as Medical Websites

Posted on March 26, 2008
Citizens Against Lawsuit Abuse issued a press release today pointing out that, according to a new national study by the Center for Medicine in the Public Interest, many personal injury lawyer websites disguised as health care websites are jeopardizing the public health...

Compelling the Defendant's Address in Auto Accident Cases

Posted on March 24, 2008
Last week, I received a call from an insurance company (Progressive) asking how many occupants were in our clients? vehicle in a car accident case our lawyers are handling. Sadly, it appears someone saw our clients get in what was a pretty serious accident, noted the vehicle information, and then pretended that they had been involved in the accident...

Legal Malpractice Settlement and Verdicts in Maryland, Virginia and Washington D.C.

Posted on March 21, 2008
Metro Verdicts Monthly recently provided data on legal malpractice settlements and verdicts in Virginia, Maryland and Washington, D.C. The median legal malpractice settlement/verdict in Washington D.C. was a whopping $262,500.00. In Virginia and Maryland, the median legal malpractice settlement/verdict was $212,500...

Gadolinium MRI Lawsuits

Posted on March 21, 2008
When I started practicing law, I spent most of my time defending a pharmaceutical company in AIDS/hemophilia cases, litigation involving approximately 10,000 completely innocent people who contracted HIV from the use of Factor VIII and Factor IX blood products...

Heparin: The Payoffs and the Pitfalls of Manufacturing Drugs in China

Posted on March 17, 2008
The Boston Globe published an article on Friday about the concerns surrounding the manufacture of drugs and medical devices in China. Looking at the Baxter Heparin cases and seeking input from the perspective of a plaintiff?s lawyer, the Globe called me for an interview...

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