Wrongful Death

Mitsubishi Ordered to Pay $11 Million in Products Liability SUV Wrongful Death Case

March 7, 2008 | Lebowitz & Mzhen

A Florida jury has ordered Mitsubishi Motors to pay almost $11 million in wrongful death damages to the parents of a man who died when he was partially ejected from a Nativa SUV—marketed in the US as the Montero.

Peter and Donna Laliberte had accused the auto manufacturer of knowing that there were problems with the seat recliner and the seat belt in the SUV and selling the motor vehicles despite this information. Because of these product defects, the Lalibertes contend that Scott,25, ended up being partially ejected from the back window of the 2000 Nativa when the SUV rolled over in September 2004. They had asked the jury to award them over $25 million.

Scott’s head was crushed against the SUV and the ground after he smashed into the rear window.

The almost $11 million award is compensatory damages for the loss of the Lalibertes’ son. $10 million is for pain and suffering and the rest of the amount is to cover funeral expenses and other costs.

Part of the case made against Mitsubishi was that auto maker tried to correct the design flaws on the 2000 model by bring out a revised model halfway through the model year without letting anyone know that there had been problems with the original version.

Mitsubishi, however, argued that the redesigned model did not address flaws with the seat or seat belt and instead fixed issues with the SUV’s front structure, which did not perform well during accident tests.

Mitsubishi has been working hard to rebuild its reputation after the public found out that the auto giant had tried to cover up auto defects by fixing them without issuing recalls even though many accidents had occurred.

Our Maryland and Washington D.C. law firm represent injury and wrongful death clients in SUV accident claims and lawsuits involving negligent drivers and/or defective auto parts.

Seat belt defects include:

• Problems with the seat belt latch
• Problems with the seat belt retractor
• Defects with the seat belt geometry
• Defective seat belt webbing
Mitsubishi must pay $11 million to family of man ejected from SUV, Palm Beach Post, February 26, 2008

Related Web Resources:

Defective Seat Belts are a Big Problem

Mitsubishi Motors

Eight People Killed in Maryland After Being Hit By Car During Street-Race

February 17, 2008 | Lebowitz & Mzhen

At least eight people are dead and five others injured in Accokeek, Maryland, after a car accidentally plowed into a group of people watching an illegal car race on the side of Route 210—also known as Indian Head Highway—at around 3:30 in the morning in Prince George’s County.

One woman who was in the crowd, Crystal Gaines, was able to grab her daughter out of the way. Her father, William Gaines Sr., 61, had a broken leg. He was unable to move away in time and is among those who died.

While CNN is reporting that there were 50 people in the crowd, one witness told Newsday that about 200 to 300 people had gathered to watch two cars speed racing down the road. The people moved into the road as the cars drove away and that was when the accident happened.Some people that were struck in the crash flew as high as 15 feet in the air. Police had to circulate photos of the dead bodies so that family and friends could identify their loved ones.

The driver, in a Ford Crown Victoria, says he did not see the crowd because the smoke from the cars racing away made visibility difficult. Crystal Gaines, however, claims that the driver did not have the headlights of the car on.

Her brother, William Gaines Jr. said the Ford was moving so fast that he didn’t see the car until it had struck the crowd. Another person may have been injured when a tractor-trailer, trying to avoid the accident scene, have also hit someone. The victims ages range from 20s to 60’s.

Street races are a common occurrence on Indian Head Highway—although the races usually involve motorcycles. Police have placed speed traps and radar in the area.

Car accidents can lead to fatal injuries for pedestrians—especially when someone is struck by an auto, bus, truck, or motorcycle that is moving at a fast rate.

Our Maryland motor vehicle accident law firm can determine who is liable for your injuries or the death of your loved one and help you deal with insurance companies and the other party or parties so that you can recover for your losses.

Missing 8 killed by car at illegal racing site in Maryland, Newsday, February 17, 2008
Missing Street-race crash kills 8 in crowd, CNN, February 16, 2008

Related Web Resource:

Missing Should you pursue a personal injury claim? Nolo
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John Ritter’s Family Takes $67 Million Wrongful Death Lawsuit to Court

February 5, 2008 | Lebowitz & Mzhen

Jury selection in the wrongful death of actor John Ritter began in Los Angeles County Superior Court today. Ritter died at age 54 in September 2003 after he was treated in a Burbank emergency room for a heart attack when he actually had an aortic dissection. His family claims that the TV star would have lived longer if only he had undergone the correct procedure; they say that the treatment he received for a heart attack was the “exact opposite” kind of care that he needed.

Plaintiffs in the wrongful death lawsuit are Ritter’s wife, actress Amy Yasbeck, and his four children. They are suing two doctors for $67 million—the high sum is based in part on what Ritter, a successful television star, would have earned had he survived.

At the time of his death, Ritter was the star of the hit television show “8 Simple Rules for Dating My Teenage Daughter.” He also worked in movies and other television projects.

The two doctors named as defendants in the wrongful death lawsuit are cardiologist Joseph Lee and radiologist Matthew Lotysch. They are being sued for negligence and their alleged failure to properly diagnose and care for Ritter.

Lotysch is the doctor who performed a body scan on the actor in 2001. Lotysch detected nothing wrong with Ritter’s aorta, but referred him to a cardiologist because he noticed calcifications in the actor’s coronary arteries. Ritter did not see a cardiologist after his visit with Lotysch.

In 2003, Ritter was rushed from the set of his TV show to the emergency room of Providence St. Joseph Medical Center in Burbank. He complained that he was experiencing chest pain, nausea, and vomiting.

A chest x-ray that was ordered was never conducted for some unknown reason. Lee is the doctor who treated him for the heart attack. The aortic dissection was not identified until right before the actor died.

An aortic dissection is a tear in the aorta that can imitate a heart attack.

Yasbeck and Ritter’s kids have already received about $14 million in settlements from nine medical entities, including Providence St. Joseph Medical Center, which settled with Ritter’s family for $9.4 million.

If you were seriously injured or someone you love died because a doctor made a medical error, failed to diagnose your illness, or provided you with the wrong type of medical care, you should speak with our Maryland or Washington D.C. medical malpractice law firm immediately.

John Ritter’s diagnosis at center of $67M lawsuit, CNN.com, February 5, 2008
Ritter’s family says he didn’t have to die, Los Angeles Times, January 24, 2008

Related Web Resources:

Settlement Reached in John Ritter Wrongful Death Lawsuit, 6abc.com, March 16, 2006
John Ritter, IMDB.com

Injured Maryland Father Mourns the Deaths of his Wife and Four Children in Drunk Driving Accident

January 11, 2008 | Lebowitz & Mzhen

Daniel Griffin Jr. may be physically recovering from the injuries that he sustained in a deadly car crash involving a drunk driver in Ohio on December 30, but his life will never be the same.

Griffin lost his wife 36-year-old wife Bethany and four of his children, Jordan Griffin, 10, Vadie Griffin, 8 weeks, Haley Burkman, 10, and Lacie Burkman, 7 in the fatal crash. Two of Daniel’s other children, Sidney Griffin, and Beau Burkman, both age 8, were taken to St. Vincent Mercy Children’s Hospital in Toledo, Ohio and later released.

Griffin and his family are from Parkville, Maryland. They were driving home after a holiday trip to Michigan when the minivan they were riding in was hit by a pickup truck driving the wrong way on Interstate 280.

The truck driver, 24-year-old Michael P. Gagnon, has been indicted on two counts of vehicular homicide and five counts of aggravated vehicular assault charges. Ohio police say that he blood-alcohol level was three times above the legal limit.

If convicted, Gagnon faces up to 50 years in prison.

Drunk driving is reckless, negligent, and dangerous behavior that can lead to serious injuries and the deaths of friends, family members, and strangers.

When a drunk driver injures or kills another person in a motor vehicle accident, not only will he or she face criminal charges, but the injured party or the family of the deceased can sue the driver for personal injury or wrongful death.

Don’t Drink and Drive

Obviously, if you are going to drink alcohol, the best way to avoid driving drunk is to not drive at all. In the event that driving is unavoidable, consider the following:

• Know your drinking limit.
• Accompany your drinking with food.
• Pace yourself.

• Avoid drinking anything if you are on any type of medication.

If your attempt to drink moderately fails, or when in doubt, consider taking a cab or asking someone else to drive you home.

Hundreds mourn Parkville family killed in crash, Baltimore Sun, January 11, 2008
Mich. man indicted in crash that killed 5, Baltimore Sun, January 11, 2008

Related Web Resources:

Impaired Driving, CDC

Drunk and Drugged Driving Prevention

Motorcyclist Dies in Crofton, Maryland After Collision with SUV

January 8, 2008 | Lebowitz & Mzhen

In Anne Arundel County, Maryland, a 52-year-old motorcyclist died yesterday evening after being struck by a Toyota 4-Runner on Defense Highway in Crofton.

John Carlton Winner, a Bowie resident, was taken to Maryland Shock Trauma Center where he was pronounced dead. Karleen Jeane Talbot, the SUV driver, was not injured in the deadly collision.

According to Anne Arundel police, the accident happened when Talbott tried turning left onto Defense Highway (from Priest Bridge Center). The motorcycle was heading up Defense Highway from the opposite direction. Talbot turned her SUV directly into the path of the 2006 Harley-Davidson motorcycle, which caused Winner to be thrown off.

Motorcycle accidents can be deadly accidents for the motorcyclist—even if he or she is wearing a helmet and the proper protective gear.

2006 Motorcycle Accident Statistics from the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA):

• There were 4,810 motorcycle fatalities in 2006.
• 88,000 motorcyclists were injured in accidents.
• Motorcyclists are 37 times more likely to die in a traffic collision than the occupant of car, truck, or bus, and eight times more likely to survive with sustain injuries.
• Speeding and drunk driving were among the most common causes of deadly motorcycle accidents.

• 47% of the people who died in motorcycle crashes were 40 years of age or older.

In Maryland and Washington D.C., anyone riding a motorcycle is required to wear a Department of Transportation-approved safety helmet. Across the U.S., 1,658 motorcyclists survived their crashes because they were using helmets.

Please contact a Maryland or Washington D.C. motorcycle accident lawyer if you or someone you love was seriously injured while riding a motorcycle because another driver was careless or reckless. The law entitles to you personal injury compensation. If you have lost a family member in a motorcycle crash, you may be entitled to receive wrongful death compensation.

Motorcyclist killed in crash in Arundel, Baltimore Sun.com, January 8, 2008
Motorcycle Crashes, Insurance Information Institute

Related Web Resources:

Maryland Motorcycle Roads

Motorcycle Riding Laws by State

Maryland Court Rules on Cancer Patient’s Wrongful Death, Saying There Was No Negligence in Missed Cancer Diagnosis

January 3, 2008 | Lebowitz & Mzhen

A divided Maryland Court of Special Appeals says there is insufficient evidence to show that medical malpractice caused the death of Sherri Schaefer, who died of uterine cancer in 2005. She was diagnosed with the disease in 2001.

Schaefer’s husband, Charles Marcantonio, filed a wrongful death lawsuit against Dr. Melissa Moen, a gynecologist at Women’s OB/GYN in Parole, Maryland.

In his lawsuit, Marcantonio claimed that Moen and Anne Arundel Diagnostics Inc.’s Dr. Paula Decandido did not conduct enough tests when his wife was first diagnosed with the disease.

Schaefer first went to the hospital in 2002 because she was experiencing heavy vaginal bleeding. Dr. Moen attributed the bleeding to hormone-replacement therapy. The bleeding continued for seven months. Following a biopsy, the ovarian cancer was discovered.

Marcantonio claims that Moen and Decandido missed a 1.5 cm. ovarian mass on the sonogram. Decandido is the one who interpreted the sonogram. Because of this, Schaefer’s diagnosis was delayed. Marcantonio says his wife’s chances of survival went down to 50-60 % from 80%.

Maryland’s second highest court, however, disagreed, and said that the plaintiff was unable to prove that any of the defendants acted negligently—resulting in Schaefer’s death.

According to Judge James P. Salmon of the Court of Special Appeals, “The major issue to be decided is whether proof that a health care provider was responsible for a twenty- to thirty-percent reduction in the decedent’s chance of survival is sufficient to prove that the malpractice caused the death. We shall hold that it is not.”

Medical malpractice and wrongful death cases can be challenging to prove. This is why it is so important that you hire a Maryland or Washington D.C. personal injury attorney to take on your case.

Losing someone you love is hard enough without having the cause of death be the carelessness or negligence of a physician. A wrongful death lawyer can file a lawsuit on your behalf to hold the negligent party or parties financially responsible.

Missed cancer diagnosis not negligence, The Daily Record, December 31, 2007
Wrongful death case hinged on mass allegedly missed in sonogram, Capital Online, December 28, 2007

Related Web Resource:

Liberia RPCV Sherri Schaefer dies in Annapolis, PeaceCorps, May 23, 2005

Family Says They Will Sue Cigna HealthCare for Daughter’s Transplant Delay

December 28, 2007 | Lebowitz & Mzhen

The family of Nataline Sarkisyan, a 17-year-old teenager who died just hours after CIGNA HealthCare reversed its decision and agreed to pay for her liver transplant, says they will sue the health insurer for her wrongful death.

Nataline had been fighting leukemia. Her liver failed because of a complication she developed after receiving a bone marrow transplant from her brother. Nataline had been in a vegetative state for weeks.

On December 11, Doctors at UCLA asked CIGNA HealthCare to approve her transplant. CIGNA HealthCare denied the request. They said the transplant procedure was experimental and not within its scope of coverage. Her family took her off life support on December 20.

Protestors stood outside CIGNA’s Glendale, California office to complain about their decision not to pay for the transplant. The healthcare company then changed its mind and decided to pay.

The survival rate of patients whose liver transplants were performed in the U.S.:

• The 1 year survival rate for patients who have a liver transplant is 85% in the US (University of Southern California’s Center for Pancreatic and Biliary Diseases)

• The 5 year survival rate for patients who have a liver transplant is 70% in the US (University of Southern California’s Center for Pancreatic and Biliary Diseases)

If you believe that a person or business contributed in any way to the death of your loved one, you should speak with a wrongful death lawyer right away. A wrongful death lawyer will know the proper steps to take to maximize your changes of recovery for the death of your loved one.

Family plans to sue Cigna HealthCare, STLtoday.com, December 22, 2007
Teen’s family plans to sue health insurer over transplant delay, Examiner.com, December 21, 2007
Prognosis of Liver conditions, WrongDiagnosis.com

Related Web Resource:

CIGNA

Deadly Fire Truck Collision in Baltimore, Maryland Leaves Three People Dead

December 12, 2007 | Lebowitz & Mzhen

Three people died in Baltimore on Sunday when their SUV was hit by a Baltimore City fire truck at the intersection of Clarks Lane and Park Heights Avenue.

The deadly crash happened after 3 am when a ladder truck, rushing to the scene of an apartment building fire struck the Nissan SUV. The force of impact sent the sports utility vehicle careening into a utility pole.

Married couple Mikhail and Iryna Patrov and their friend Igor Saub were taken to Sinai Hospital where they were declared dead. Igor leaves behind a fiancé. A family friend says his body will have to be flown back to Ukraine. The Petrovs are Ukranian. They leave behind a grown daughter and son. The three victims were returning from a party when the fatal motor vehicle crash happened.

The ladder truck, which drove off the road and down an embankment, was carrying four fire officials. All four of them were treated for minor injuries.

If someone you love has died in a car accident caused by another party’s negligence, you may be able to sue the negligent person or entity for wrongful death.

Sources say that a surveillance camera has video footage of the fire truck speeding into the intersection. A second unit may have seen the ladder truck run a red light.

Maryland and Baltimore both require that emergency vehicles stop at red lights and use lights and sirens when rushing to an emergency scene.

Fire officials and police are investigating the scene to determine who caused the accident. The intersection reportedly does not have a turn signal. One resident who lives in the area says that motor vehicle accidents are a frequent occurrence at this intersection.

Surviving family members may be able to recover medical costs, funeral expenses, loss of companionship, loss of support, and other related losses.

Family Plans Funerals after Fire Truck Crash, ABC2news.com, December 11, 2007
Three people killed after SUV, fire truck crash in city, Baltimore Sun.com, December 11, 2007
Investigation Continues Into Fire Truck Accident, WJZ.com, December 11, 2007

Related Web Resource:

Maryland Wrongful Death Statute (PDF)

Family of Murdered Baltimore Woman Files $14 Million Wrongful Death Lawsuit

December 11, 2007 | Lebowitz & Mzhen

The family of Shirley Cooper, a 72-year-old Baltimore resident who was murdered at the Temple Gardens apartment complex, has filed a $14 million wrongful death lawsuit against ETG Associates and Roizman Development because of the inadequate security that allegedly allowed an intruder to kill Shirley on June 2.

The attacker stabbed Shirley Cooper multiple times at her home. Her son, Leo Cooper, found her body. No arrests were made and police in Maryland closed the case when their number one suspect was discovered dead. The $14 million figure was chosen to symbolize the number of times Cooper’s assailant stabbed her.

The wrongful death lawsuit claims that the intruder was able to enter Cooper’s apartment because of lax security. The entryway through which the murderer came in was not monitored and security cameras in the building were either not operating correctly or were improperly installed.

The owners and managers of apartment complexes, senior residents, hospitals, shopping malls, parking lots, banks, restaurants, cafes, grocery stores, motels, hotels, office buildings, and other privately and publicly owned premises are supposed to ensure that proper safety precautions are in place to prevent visitors, patrons, customers, or residents from getting hurt while on their premise.

Failure to do so can be grounds for a premises liability claim or lawsuit if someone is injured in a crime that was committed due to inadequate security—especially if the owner of the property had been warned of potential problems before the crime occurred. A wrongful death lawsuit may result if the crime victim dies.

Crimes leading to injuries that occurred on a premise due to inadequate security include robbery, physical assault, sexual assault rape, assault involving a deadly weapon, and murder. Stab wounds, gunshot wounds, traumatic brain injuries, spinal cord injuries, bruises and scratches, sexual assault-related injuries, mental trauma, emotional anguish, and wrongful death are some of the injuries that can result in an inadequate security-related crime.

Family files $14M lawsuit over security, Examiner.com, November 15, 2007
Suing the Landlord: Negligent-security suits present problems of proof, causation, The Daily Record, December 9, 2007

Related Web Resources:

Inadequate Security: The New Liability Crisis

Maryland Family Files Class Action Injury Lawsuit Against Constellation Energy After Husband Dies From Drinking Contaminated Water

December 3, 2007 | Lebowitz & Mzhen

Anne Arundel resident Gayle K. Queen filed a class action lawsuit against power company Constellation Energy last week. Constellation Energy is the largest power company in Maryland.

Queen says her husband David died of kidney failure in 2006 because he drank water with traces of arsenic, lead, and other pollutants. At least five other people have died from suspicious reasons in the same area.

For the last 12 years—until early this fall—Constellation and a contractor dumped billions of tons of waste ash from smokestacks into an unlined former gravel mine pit located close to the neighborhood where Queen resides. The waste ash, also called fly ash, came from Constellation’s coal-fired power plant in Brandon Shores.

The claim filed in Baltimore circuit court is a class action lawsuit intending to represent dozens of residents seeking unspecified damages from Constellation Energy in personal injuries and property value loss.

Before reports exposing the contamination surfaced, Gayle Queen had been considering offers on her house for up to $750,000. The offers disappeared once the information about the contamination surfaced.

Tests conducted by Anne Arundel County discovered that 23 wells tested positive for dangerous metals, including thallium, arsenic, and cadmium (all components of waste ash). Constellation Energy just recently stopped burying ash in that area.

Queen’s lawsuit alleges that even though Constellation knew as early as 1999 that the dump was contaminating the water in the neighborhood, the power company did not warn local residents. The lawsuit claims that Constellation Energy even purposely engaged in a campaign to prevent neighbors from knowing about the waste materials.

If you or someone you love has been seriously injured because of exposure to a hazardous or toxic substance, a personal injury lawyer can help you determine whether you have grounds to file a claim or lawsuit against the negligent party.

Gambrills Family Suit Claims Water Fouled by Dump, Baltimore Sun, November 30, 2007
MD Family Sues Power Co. Over Well Contamination, Water Technology Online, November 30, 2007
Homeowners Sue Over Dumping of Chemicals, Washington Post, November 30, 2007

Related Web Resource:

Constellation Energy Group