Wrongful Death

Family of Maryland Wrongful Death Victim Calls on Governor O’Malley to Suspend State Police Trooper Involved in Deadly 2006 Traffic Crash

October 29, 2008 | Lebowitz & Mzhen

The family of Randy Rakes, a Finksburg man who died in 2006 in a Maryland motor vehicle crash involving a State Police trooper car on Md. 140, is calling on Maryland Governor Martin O’Malley to remove trooper Dale Derr from the force. Their demand comes following a confrontation between Derr and Rakes’s half-brother, Joseph Blizzard, earlier this month.

According to the Rakes family’s Maryland wrongful death lawyer, other troopers had detained Blizzard in Carroll County on October 12 when Derr arrived at the scene and verbally and physically assaulted him before throwing him to the ground, allegedly causing the suspect to break his thumb. Blizzard was arrested over allegations of check forgery.

Police say they are investigating the allegations against Derr. The Rakes family wants him suspended from the force pending the probe’s outcome.

Lexington Park Couple Dies in Maryland Motorcycle Accident

October 28, 2008 | Lebowitz & Mzhen

Maryland State Police are investigating a deadly motor vehicle crash in St. Mary’s County that left a newlywed couple dead. Phillip Brian Natalie died at the crash scene, while his wife, Jessica Laurel Natalie, was pronounced dead at St. Mary’s hospital following the crash. Jessica and Laurel, who were both 26, were married this summer.

The collision took place at the intersections of Crimson Drive and Willows Road. Police reports indicate that the Maryland motor vehicle collision happened after a Toyota Camry, driven by 25-year-old Lateesha Shonte Cooper, made a left turn and drove into the path of the motorcycle that the couple was riding. Cooper, who is also a Lexington Park resident, was treated at a hospital for her injuries and later released.

According to Lt. Michael Thompson, preliminary findings made it appear to him as if the motorcycle was trying to avoid Cooper’s car. He noted the possibility that Cooper might have failed to yield the right of way.

Maryland State Police records show that there were 96 motorcycle deaths in Maryland in 2007. Police say that although only 2% of all registered motor vehicles in Maryland are motorcycles, these vehicles were involved in 16% of the state’s deadly traffic collisions. While Maryland motorcyclists are responsible for 50% of these auto accidents, the other 50% of traffic crashes are caused by other motorists.

2007 NHTSA US Motorcycle Crash Statistics:

• 5,154 motorcyclists died.
• 103,000 others were injured.
• 1,784 lives were saved because of helmet use.
• 2,332 two-vehicle crashes involved collisions between a motorcycle and another vehicle.

• 25% of all motorcycles involved in deadly accidents were in collisions with fixed objects.

Lex. Park Couple Killed in Motorcycle Crash, Southern Maryland Online, October 20, 2008
2 killed in crash with car, Southern Maryland Newspapers, October 15, 2008

Related Web Resource:

Motorcycle Traffic Safety Fact Sheet, NHTSA

NHTSA Reports That 22 Children, Age 14 and Under, Died in Maryland Traffic Fatalities in 2007

October 24, 2008 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, 1,670 of the 41,059 traffic fatalities that occurred in the United States in 2007 were child victims, age 14 and younger. 22 of those fatalities occurred in Maryland. 3 of the child traffic deaths occurred in Washington DC.

The National Center for Health Statistics says that auto crashes are the number one cause of death for children ages 8 to 14 and 3 to 6. Last year, 385 child vehicle occupants, age 4 and under, died in motor vehicle crashes.

More 2007 NHTSA Traffic Accident Statistics About Children, Age 14 and Under:

• 245 of the 1,670 child motor vehicle deaths involved at least one drunk driver.
• 130 of the 245 children that died in drunk driving accidents were riding with a drunk driver.
• Children, age 14 and under, made up 306 of the 4,654 pedestrian deaths last year.
• Drunk drivers killed 29 of these child pedestrians.
• 14,000 child pedestrians sustained injuries in traffic accidents.
• Young pedestrians were most likely to sustain fatal injuries between 4 and 8pm and noon and 4pm.
• 80% of pedestrian deaths involving this age group took place at non-intersections.
• 91 child pedalcyclists died last year.
• 10,000 child pedalcyclists were injured in motor vehicle crashes.

• Each day last year, 5 children in this age group were killed in traffic accidents, with 548 others injured.

Children are prone to catastrophic injuries anytime they are involved in a serious auto collision. While there are steps that parents can take to protect their young children from the impact of colliding with a motor vehicle—whether as an auto occupant, a pedestrian, or a pedalcyclist—accidents caused by negligent drivers or because an auto manufacturer designed a defective car or motor vehicle part do happen.

Children, 2007 Data Traffic Safety Facts, NHTSA

Related Web Resources:

Preventing Injuries to Children in Motor Vehicle Crashes, Safe Kids Worldwide
Kids and Cars.org

Baltimore Sun’s Review of 26 Deadly Medevac Crashes Indicates that Not All Victims Needed Air Transport

October 23, 2008 | Lebowitz & Mzhen

The Baltimore Sun recently looked through crash records and other key documents related to 26 deadly medevac crashes that have occurred In the US since 2003. The newspaper’s findings indicate that many of the cases involved victims that were being transported by air even though they weren’t “minutes-from-death.”

The Baltimore Sun chose to review the medical helicopter crash findings after last month’s medevac crash that killed four people in Prince George’s County, Maryland raised questions about whether medical helicopter travel was necessary to save two auto crash victim’s lives. The Maryland chopper used to transport the two victims lacked the terrain-awareness system that could have allowed the pilot to detect that he was flying too close to trees. One of the teen victims died in the aviation crash.

While there are many instances where air travel saves the lives of victims who are very sick or seriously injured in accidents, not all of the 26 medevac helicopters that crashed appeared to have been carrying victims whose lives could only be saved if they were transported by air.

Findings include:

• In eight cases, patients actually waited longer for a helicopter than they would have waited if an ambulance drove them to a hospital.
• In six cases, patients were discharged soon after the chopper left them at hospitals or they were transported in long ambulance rides after the helicopter dropped them off.
• 13 of the 26 medevac crashes happened while patients were being flown to hospitals.
• Many of the patients had to wait for hours for a helicopter to arrive and while it was readied for take off.

• One patient was transported by air just 10 miles to a hospital.

Since last month’s accident, the state of Maryland has defended its approximately 4,500 medevac flights a year, saying that they are needed to save lives. It also has implemented a change that will limit the number of flights that are not medically necessary. While patients with serious injuries will be flown by helicopter when air travel will help save their lives by reducing travel time, doctors will have to be consulted before patients with less severe injuries can be transported by medical helicopter.

Meantime, doctors are calling for a review of medevac flights from a medical perspective and whether new guidelines need to be put in place to make sure that a person’s injuries or illness warrants the urgency of air travel.

Unnecessary flight risks?, BaltimoreSun.com, October 23, 2008
Doctors question use of medevac helicopter, UPI.com, October 23, 2008

Related Web Resources:

Copter lacked equipment, BaltimoreSun.com, October 24, 2008
Medevac helicopters under scrutiny, USA Today, September 29, 2008

Mother Files $10 Million Maryland Wrongful Death Lawsuit Against Security Guard Company that Employed Her Daughter’s Boyfriend

October 8, 2008 | Lebowitz & Mzhen

The mother of Latasha Harris, a 31-year-old Baltimore City woman that was murdered in her apartment, is suing the security guard company for wrongful death. The lawsuit, filed in a Maryland court against US Protect Services, is seeking $10 million dollars and accuses the company of not doing enough to stop one of its employees—who happened to be Harris’s live-in boyfriend—from shooting her.

The deadly shooting took place in March in Southwest Baltimore when Harris’s boyfriend, Jerry Bennett, shot her before shooting himself. Bennett had a gun because he was a security guard employed by US Protect Services.

According to the Maryland wrongful death lawsuit, the security guard company should have taken the company-issued weapon away from Bennett after he became violent at work and attacked a coworker.

US Department of Transportation Releases 2007 DUI Death Statistics

September 22, 2008 | Lebowitz & Mzhen

US Transportation Secretary Mary Peters announced the latest national drunk driving-related death statistics. Peters noted that while the number of total DUI deaths has dropped significantly in 32 US states, half of the states experienced an increase in drunk driving-related motorcycle fatalities.

Overall, almost 13,000 people died in accidents involving motorists with a blood alcohol concentration of .08% or more—a drop from the almost 13,500 DUI victims that died in 2006. Peters noted that 1,621 motorcyclists that died in alcohol-related collisions last year—a 7.5% increase from the year prior.

Of the 12,998 drunk driver-related deaths that occurred last year:

• 7,283 of the victims where drunk drivers.
• 2,067 victims were riding with the drunk driver.
• 1,361 fatalities were motorcyclists that were intoxicated.
• 81 of the deaths were passengers of intoxicated motorcyclists.

• 1,431 victims were occupants of other motor vehicles.

The state that experienced the greatest drop in alcohol-related deaths was California, with 1,155 alcohol-impaired deaths in 2007 compared to the 1,272 fatalities in 2006.

States that experienced an increase in drunk driver-related deaths in 2007 included North Carolina, South Carolina, Massachusetts, Alabama, Maine, Montana, Alaska, Oklahoma, Pennsylvania, Oregon, Delaware, North Dakota, West Virginia, Minnesota, Virginia, Nebraska, Ohio, Wisconsin, and the District of Columbia.

The number of drunk-driving deaths in Maryland for 2007 was 179.

DUI Fatalities Down Nationwide and in 32 States, Says U.S. Secretary of Transportation Mary Peters, NHTSA, August 28, 2008
2007 Traffic Safety Annual Assessment – Alcohol Impaired Driving Fatalities (PDF)

Newborn Baby Delivered Prematurely After Pregnant Mother Was Struck by Runaway Van is Dead

August 25, 2008 | Lebowitz & Mzhen

The baby of a New York woman who was struck by a runaway van and pinned under a bus while she was still pregnant with him has died. Sean Michael Justin Sanz passed away in intensive care on August 22 after being born prematurely on August 14.

His mother, New York Traffic Agent Donnette Sanz, underwent an emergency cesarean section procedure to deliver him. She died soon after.

Some 30 people tried to lift the front of the bus off the pregnant traffic agent. She was then rushed to St. Barnabas Hospital. The driver of the van was Walter Walker, a 72-year-old man with an extensive history of traffic offenses. In a statement to the New York Post, Walker said that his brakes wouldn’t work, and he tried to stop his van to avoid hitting Sanz.

Wrongful Death

Family members that have lost loved ones in accidents may be entitled to compensation from the liable party or parties. In Maryland, barring certain exceptions noted by the state’s wrongful death statute, the husband, wife, son, daughter, mother or father of the deceased can file a claim for wrongful death. If the decedent has no primary beneficiaries, secondary beneficiaries may be entitled to claim recovery.

Depending on the specifics of the case, wrongful death damages may include compensation for mental trauma, emotional trauma, loss of companionship, loss of society, loss of comfort, loss of parental care, loss of filial care, and other damages.

Dad loses his miracle: Bus baby’s tragic death leaves pa numb with grief, NYDailyNews.com, August 22, 2008
Bystanders Lift Bus Off Pregnant Mom, CBSNews.com, August 15, 2008

Related Web Resource:

Maryland: Wrongful Death and Intestacy Statutes, USDoj.gov

Family of Baltimore County Woman that Drowned in Apartment Complex Pool Files $100 Million Wrongful Death Lawsuit

August 15, 2008 | Lebowitz & Mzhen

In Maryland, the family of Cassandra Blake, is suing Cedar Towers Apartment, American Pool Enterprises, Inc., American Pool Management Inc., Doug Kusher Co., and Westminster Management for $100 million for her wrongful death.

The 23-year-old Baltimore County woman died in 2005 after drowning in the Cedar Towers Apartment complex swimming pool. The lawsuit contends that the lifeguards that were on duty at the time of the accident were unqualified and had only one week’s worth of training.

Blake was visiting a friend at the Cedar Towers complex, and she had gone to the pool with her son, her sister, and other kids. A lifeguard and security guard reportedly told her it was okay to use the pool. At some point, Blake, who could not swim, either fell or was pushed into the deep end of the pool where she drowned.

Bed and Toy Chest Sets Recalled May Pose an Entrapment Hazard to Kids

July 29, 2008 | Lebowitz & Mzhen

Importer Bayside Furnishings and the Consumer Product Safety Commission has announced the recall of approximately 9,350 Pirates of the Caribbean Twin Trundle Beds and LaJolla Boat Beds because of concerns that the toy chests pose an entrapment or strangulation hazard to kids.

There is concern that the toy chest lid supports do not stop the chest lid from shutting too fast. The CPSC says that they have received reports of one incident in which a boy, 22-months, was strangled to death after the toy chest lid fell on the back of his head and his neck became trapped.

This is not the first time toy chests have been recalled over entrapment/suffocation worries. One child suffocated while in a toy chest three years ago. In separate incidents in 2001, another child fell while another child suffocated. Both children died from their injuries.

At least 10 other toy chest recalls have taken place over the last 10 years. The Consumer Product Safety Commission says that since 1975, there have been at least 45 reported deaths. At least three children that were injured injured in toy chest-related accidents suffered brain damage. The majority of injury victims are younger than 2 years of age.

Common toy chest-related accidents:

• The chest falls on a child’s hands or neck.

• Suffocation, from children climbing into or get trapped in the toy chest.

Manufacturers of toys and other children’s products are supposed to design and make products that are safe for use. If your son or daughter was injured because of a product defect, you may be able to file a products liability claim or lawsuit to obtain compensation for his or her personal injuries.

Toy Boxes and Toy Chests, CPSC.gov
Bayside Furnishings Recalls Youth Bed Toy Chests Sold at Costco After the Death of a 22-Month-Old Child, CPSC.gov, July 3, 2008
Toy Chests are Not Toys, Washington Post, July 4, 2008

Related Web Resources:

NNCS Toy Safety

Kids in Danger

Maryland Patients Sue Salisbury Cardiologist For Medical Malpractice

July 25, 2008 | Lebowitz & Mzhen

In Maryland, Salisbury Cardiologist Dr. John McLean is being sued for medical malpractice. The 2-count lawsuit, filed by patients and their families, accuses McLean of performing stent placement and cardiac catheterization without proper cause. Also named as defendants in the lawsuit are Peninsula Regional Medical Center, Peninsula Regional Health System Inc., and McLean’s practice, John R. McLean, MD & Associates.

The 24 plaintiffs include 13 patients throughout the Delmarva Peninsula, as well as the spouses or representatives of decedents’ estates. They are alleging negligence and seeking damages above the $30,000 jurisdictional limit for each count plus all legal costs. The personal injury attorneys for the plaintiffs say that McLean “dramatically overstated findings” from tests and persuaded his patients to undergo surgeries they did not require. They also say that there were less expensive procedures that could have been used. The lawsuit also accuses the technicians and nurses that assisted McLean during the surgeries of knowing about the malpractice but failing to report or stop the wrongdoing.

Last year, Peninsula Regional Medical Center, where McLean conducted the procedures, accused McLean of performing 25 unnecessary heart stent procedures. Some claimaints even underwent the procedure more than once.