Wrongful Death

Family of Maryland Man Struck by State Trooper Files $15 Million Wrongful Death Lawsuit

November 27, 2007 | Lebowitz & Mzhen

The family of Randy Rakes, a 38-year-old Finksburg, Maryland pedestrian who died last year after he was hit by a police cruiser, has filed a $15.8 million wrongful death lawsuit against Trooper Dale Derr, the police officer who was driving the vehicle, and the Maryland State Police. Rakes had been crossing Hwy 140 on November 28, 2006 in Carroll County when the speeding police cruiser hit him.

Rakes’ family says they are outraged that no criminal charges are being filed against Derr, 23, who was driving 83 mph on the shoulder of the road when his car hit Rakes. According to the Frederick County prosecutor’s office, there is not enough evidence to prove that Derr’s speed caused the deadly crash.

An investigation by the Maryland State Police, however, determined that the fatal accident could have been prevented if the trooper was driving closer to the street’s 55 mph speed limit.

Rakes’ family is appealing the decision not to press charges. They are asking Maryland Governor Martin O’Malley to intervene and demand that charges be filed against Derr.

This week marks the 1-year-anniversary of Rakes’ pedestrian accident death. His mother led a rally for justice for her son on Monday.

Speeding

Speeding is one of the major causes of motor vehicle crashes. In 2005, 214 people were killed in Maryland in motor vehicle accidents involving speeding. The faster a car is moving, the greater the chance of a motor vehicle crash occurring.

One out of every three traffic deaths is a result of speeding. While many speeding-related accidents occur on freeways, close to 50% of speeding-related fatalities occur on roads requiring that drivers ride at lower speed limits.

Maryland has a three-year statute of limitations for filing a wrongful death lawsuit. This means that the wrongful death action must be submitted within three years from the date of death.

Financial compensation for your loved one’s death cannot make up for your loss. It can, however, cover funeral or cremation expenses and other costs associated with the death of your loved one. Even if the party responsible for your loved one’s death is not arrested for the death, you can still hold them accountable in civil court through your wrongful death lawsuit.

Family Protesting Lack Of Charges Against Trooper, WJZ.com, November 26, 2007
Family of Man Killed by Police Car Appeals to Governor, Wtop.com, November 14, 2007
Speeding Statistics, Montgomery County, MD

Related Web Resource:

Maryland Wrongful Death Law

Family of Boy Who Died from Staph Infection To File $25 Wrongful Death Million Lawsuit

November 2, 2007 | Lebowitz & Mzhen

The family of a 12-year-old boy that died from a staph infection is going to sue the city of New York with a $25 million wrongful death lawsuit.

Omar Rivera’s mother, Aileen Rivera, says she will sue the city because doctors at Kings County Hospital Center misdiagnosed his illness. Omar Rivera died on October 14 at Brookdale University Hospital and Medical Center.

His mother had taken the 7th grader to the hospital because she wasn’t satisfied with the care that he was getting at a clinic, which belongs to New York City’s public hospital system.

She says that the doctor at Kings County Hospital Center misdiagnosed Omar’s illness—identifying it as an allergic reaction rather than an infection. Because of this misdiagnosis, no tests were ordered. Omar was given Benadryl for his skin lesions. Omar died of methicillin-resistant Staphylococcus aureus.

Methicillin-Resistant Staphylococcus Aureus (MRSA)

Methicillin-resistant Staphylococcus aureus is a kind of bacteria that is resistant to certain antibiotics, such as methicillin, amoxicillin, penicillin, and oxacillin.

Symptoms can include boils or pimples. MRSA can cause infections in different areas of the body. Although most cases of MRSA are not fatal, some cases can lead to death.

Wrong Diagnosis

Misdiagnosing a patient can be a serious problem—especially if the wrong diagnosis results in the patient sustaining injuries, becoming more ill, or dying. A wrong diagnosis can cause doctors to give a patient the wrong medication or treatment. A sick person may have to undergo more serious treatment or surgery if his/her condition worsens because the correct diagnosis wasn’t made in time. A person’s chances of survival could decrease with a misdiagnosis.

Mother Plans $25M Lawsuit After Son Dies From Staph Infection, Fox News, October 30, 2007
Family to sue for $25 million over boy’s staph death, CNN.com, October 30, 2007
Understanding MRSA (Methicillin resistant Staphylococcus aureus), WebMD

Related Web Resource:

Methicillin-resistant Staphylococcus aureus (MRSA), CDC

Couple Sues Walgreens for Wrongful Death When Pharmacy Misfill Causes Miscarriage

October 22, 2007 | Lebowitz & Mzhen

A couple is suing Walgreens for wrongful death. The Missouri couple is claiming that the woman miscarried her baby because a Walgreens pharmacy accidentally gave her a chemotherapy drug instead of the prenatal vitamin that a doctor had prescribed her.

Instead of being given the prenatal vitamin Materna, a Walgreens pharmacy in O’Fallon, Missouri gave her Matulane, which is used to treat Hodgkin’s disease. The Physicians’ Desk Reference and Walgreens.com both say that Matulane can cause fetal harm in pregnant women.

Chanda Givens, who was pregnant at the time, suffered skin rashes, nausea, vomiting, vision changes, neurological symptoms, lightheadedness, dizziness, shortness of breath, and chills after taking the drug that she thought was a prenatal vitamin. She took the drug for a few weeks.

When she went to a doctor, a medical exam revealed that the baby was not developing properly. She later miscarried the baby. Her wrongful death lawsuit says that her miscarriage was “a direct and proximate result of the misfill of the prescription for a prenatal vitamin with a potent and toxic chemotherapy drug. Givens and her husband are blaming Walgreens for failing to properly fill the prescription. They say that the pharmacy should have double checked with her doctor as to why a pregnant woman would even take a chemotherapy drug.

The Givens are seeking personal injury damages, including medical costs greater than $75,000 and punitive damages greater than $75,000. The Givens do not want to settle and want to take their wrongful death case to trial.

Pharmacists have a medical responsibility to provide all patients with the proper prescription medication. Giving someone the wrong medication, the wrong dosage of medication, or someone else’s medication can have grave consequences on a person’s health and can lead to a number of serious injuries, including miscarriage, organ damage, strokes, and death.

Common causes for pharmacy misfill errors include pharmacist inexperience, carelessness, negligence, or misreading a prescription note.

Suit faults prescription mistake for miscarriage, STLtoday.com, October 17, 2007

Related Web Resources:

National Safety Council Says Accidents are Major Cause of Death In Maryland and Washington D.C.

October 3, 2007 | Lebowitz & Mzhen

The National Safety Council says that accidental deaths are increasing in the United States. It also cited accidents as the number three cause of death in Washington D.C. and the number six cause of fatalities in Maryland.

The NSC says that accidents are the major cause of death for people between the ages of 1 and 41 in the United States. The NSC called accidental death the a silent epidemic, with one person dying in an accident every five minutes.

The leading causes of accidental death:

• Motor vehicle accidents
• Poisoning
• Falls
• Choking
• Drowning

These five factors reportedly make up 83% of all accident-related fatalities. Fire was another commonly cited cause of accident-related injuries and deaths.

The NSC also said that accidents were responsible for over 24 million nonfatal injuries in 2005.

Deaths and injuries caused by accidents are preventable. If you were injured or someone you love died because another party’s negligence caused your injury accident to occur, you should speak to an experienced personal injury attorney immediately.

Common personal injury accidents leading to injury or wrongful death include:

• Medical malpractice errors
• Slip and fall accidents because of unsafe premises
• Car accidents
• Truck accidents
• Boating accidents
• Motorcycle accidents
• Accidents caused by defective products,
• Pharmacy errors
• Inadequate security accidents

Your personal injury lawyer can help you file a claim or lawsuit for compensation against any negligent parties. There is no reason for you to suffer further because you are now straddled with exorbitant medical bills in addition to recovering from your serious injuries or loss. The negligent party should be held liable for causing your injuries or the death of your loved one.

Accidental Deaths Increasing at Alarming Rate, National Safety Council, CSR Newswire, September 21, 2007

Related Web Resources:

National Safety Council

Play it Safe- Preventing Accidents, NHS Borders

D.C. Metrobus Driver Pleads Guilty to Negligent Homicide in Wrongful Deaths of Two Pedestrians on Valentine’s Day

September 11, 2007 | Lebowitz & Mzhen

Victor Z. Kolako, the former metrobus driver who killed two female pedestrians on Valentine’s Day in a deadly motor vehicle accident, pled guilty to two counts of negligent homicide last Friday. As part of his plea agreement, prosecutors will pursue a prison sentence of no more than three years for Kolako.

Kolako, a Metro employee until he was fired after the fatal pedestrian accident, had been driving his Metrobus on Seventh Street NW on Valentine’s Day when he turned left onto Pennsylvania Avenue. D.C. police say that Kolako did not yield to oncoming traffic on Seventh Avenue and did not see the two pedestrians that were crossing the street on a “walk” signal in a crosswalk.

The pedestrians, Sally Dean McGhee, 54, and Martha Stringer Schoenberg, 59, were co-workers at the Federal Trade Commission. They were also friends and lived in the same neighborhood in Alexandria. The two women were leaving work and were about to take the metro home.

Police say that the two victims were dragged beneath the bus. Schoenberg’s husband has filed a 50 million wrongful death lawsuit against Metro.

Since 2005, there have been eight traffic accidents involving pedestrians and Metrobuses at the intersection of Pennsylvania and Seventh. It is considered one of the most dangerous intersections in D.C.

According to Metro, during the fiscal year ending on June 30, 2007, 32 pedestrians were hit by Metrobuses. 5 people were killed in these traffic accidents. The most recent pedestrian-Metrobus collision took place on February 14 and involved a 21-year-old nursing student.

Metro says that Metrobus drivers are required to take part in a safety training program of 1-2 days each year.

The number of Metrobus accidents involving pedestrians is a growing concern. Last February, Metrobus General Manager John B. Catoe Jr. announced new measures to improve Metrobus safety and public confidence.

Catoe vowed to monitor Metrobus drivers and their driving records. He also said he wanted to increase the amount of street supervisors that manage driver conduct.

Just one day after Catoe’s announcement, however, Metrobus drivers were seen driving through red lights, talking on cell phones, blocking intersections, and going over the speed limit.

443,000 passengers ride on D.C.’s Metrobus system each day.

Metrobus Driver Pleads Guilty, Washington Post, September 8, 2007
Metro to Require Safety Training for Bus Drivers, Wtopnews.com, February 15, 2007
Metro Chief Vows Better Bus Safety, Washington Post, February 25, 2007

Related Web Resources:

Husband Sues in Fatal Accident, Washington Post, March 20, 2007

Washington Metropolitan Area Transit Authority

Hagerstown Man Dies After Being Struck by an SUV in Head-On Crash in Maryland

August 3, 2007 | Lebowitz & Mzhen

A Hagerstown man died on Monday afternoon in Ringgold Pike in northern Washington County when the 2005 Honda Pilot SUV he was riding in was struck by a Ford Explorer in a head-on collision. Paul Allen Vanderford died at the accident scene. The driver of his car was his 15-year-old daughter who had her learner’s permit.

A head-on collision is a frontal impact collision and considered to be a major cause of death in car accidents. The impact can be very violent.

There are several kinds of frontal impact collisions:

• Colliding with an oncoming vehicle (head-on crashes)
• Colliding with the back of a motor vehicle
• Collision with a nonmoving object
• Colliding with the side of another motor vehicle

The kind of motor vehicles involved, whether the vehicles were moving or stationary, going slow or fast, whether the vehicles involved had airbags, and whether passengers were wearing seatbelts are all factors in determining the severity of the accident and the kinds of injuries that can result.

When someone you love is killed in a car accident because another party was negligent, you may be able to file a wrongful death claim against the liable person or persons.

Other kinds of wrongful death cases may stem from medical malpractice incidents, airplane fatalities, other kinds of motor vehicle crashes, criminal attacks, products liability deaths, fatal exposure to toxic substances, and death while involved in a supervised activity or because of exposure to dangerous conditions at work.

In a wrongful death lawsuit, your case goes to a Maryland court. A judge and a jury will rule on the kind and amount of damages that you, the surviving family member, are entitled to. Lost inheritance prospects, funeral and medical costs, and loss of financial support and benefits are some of the factors taken into consideration when determining damage amounts in a wrongful death case.

Parents, children, and the surviving spouse are allowed to bring wrongful death claims in Maryland.

Two die in separate crashes, Herald-Mail.com, July 31, 2007

Related Web Resources:

Head-On Collisions

Summary of Wrongful Death and Intestacy Statutes (PDF)

19-Year-Old Driver Was DUI in Maryland Car Collision that Killed 17-Year-Old Sunderland Teenager

July 5, 2007 | Lebowitz & Mzhen

Kevin Stavely, a 17-year-old teenager from Sunderland, Maryland, died last Saturday in a single car accident in Huntington. Stavely was riding in a car being driven by 19-Year-old David M. Clark. According to police, Clark was driving under the influence of alcohol when the accident happened at Shelley’s Crossing and Walnut Creek Road.

Authorities say that Clark lost control of his 2000 Subaru, which left the road and hit the edge of a driveway before flying into the air, sliding across the road, hitting a curb, and landing in a ditch. Stavely, who was not wearing a seatbelt, was thrown out the back windshield. He was later declared dead at the accident scene. Clark and another passenger had both been wearing seatbelts and were not hurt in the crash.

Clark was allegedly speeding and intoxicated. He has been charged with homicide by motor vehicle while under the influence, as well as 10 other charges that include failure to reduce speed to avoid collision and DUI.

Rocky Mountain Insurance Information Association Offers the Following National Teen Driving Statistics for 2005:

• Motor vehicle crashes are the leading cause of death for teenagers.
• 16 year-olds have higher crash rates than drivers of any other age.
• 16-year-olds are three times more likely to die in a motor vehicle crash than the average of all drivers.
• 3,467 drivers age 15-20 died in car crashes in 2005.
• Drivers age 15-20 accounted for 12.6 percent of all the drivers involved in fatal crashes and 16 percent of all the drivers involved in police-reported crashes in 2005.
• Graduated drivers license programs appear to be making a difference. Fatal crashes involving 15- to 20-year olds in 2005 were down 6.5 percent from 7,979 in 1995, to the lowest level in ten years.
• The National Highway Traffic Safety Administration (NHTSA) estimates the economic impact of auto accidents involving 15-20 year old drivers is over $40 billion.
• According to a 2005 survey of 1,000 people ages 15 and 17, conducted by the Allstate Foundation:
o More than half (56 percent) of young drivers use cell phones while driving,
o 69 percent said that they speed to keep up with traffic
o 64 percent said they speed to go through a yellow light.
o 47 percent said that passengers sometimes distract them.
o Nearly half said they believed that most crashes involving teens result from drunk driving.
• 23 percent of teen drivers killed in 2005 were intoxicated, according
to NHTSA.

• Statistics show that 16 and 17-year-old driver death rates increase with each additional passenger (IIHS).

Family of Woman Killed in Hit-and-Run Bakery Truck Collision in Maryland Files $30M Wrongful Death Lawsuit

July 3, 2007 | Lebowitz & Mzhen

The family of a 69-year-old woman killed in a hit-and-run accident collision last September in Rockville, Maryland has filed a $30 Million civil lawsuit.

Ketty Emilce Alvarado died after allegedly being struck by a bakery truck driven by David Marc Friedlander on the morning of September 26, 2006 at the intersection of Redland Road and Crabbs Branch Way. She had been walking in the area with her husband. Her body was dragged for more than a mile down Crabbs Branch Way Road after the crash.

Alvarado’s spouse and children are asking for $10 million dollars in wrongful death damages, $10 million in punitive damages, and $10 million in compensatory damages from the truck driver and H & S Bakery, the Baltimore-based employer that he works for.

Alvarado’s family is accusing Friedlander of either refusing to or neglecting to stop his vehicle and stay at the accident scene after hitting her with his truck. He is also accused of failing to return to the accident scene, notifying police of the accident, and calling medics to help Alvarado. The lawsuit claims that the driver acted with malice and left the accident scene on purpose.

The U.S. Department of Transportation’s National Highway Traffic Safety said in 2003 that 18% of Americans killed on roads are hit-and-run crash victims.

According to Deadlyroads.com:

“Walking is by far the most dangerous mode of travel per mile. Although only 8.6 percent of all trips are made on foot, 11.4 percent of all traffic deaths are pedestrians. And while the 2001 fatality rate per 100 million miles traveled is 0.75 for public transit riders, 1.3 for drivers and their passengers, 7.3 for passengers of commercial airlines, the fatality rate for walkers is an astonishing 20.1 deaths per 100 million miles walked.”

Following Alvarado’s pedestrian hit-and-run death, police asked the public for help finding the hit-and-run driver.

Friedlander is also facing criminal charges. Last February, a Montgomery County grand jury indicted him on felony hit and run for the deadly accident. He has been charged with two misdemeanor charges and two felony charges of Driver to Remain at Scene/Accident Resulting in Bodily Injury or Death.

Maryland State Highway Worker Is Killed By White Pick-Up Truck

June 29, 2007 | Lebowitz & Mzhen

Richard W. Moser, a Maryland State Highway worker, died on Wednesday after being struck by a white pick-up truck on U.S. 340 eastbound close to I-70.

Maryland State Police say that Moser was working on the side of a bridge that morning when Brian McCully drove his pick-up truck onto the shoulder of the road and struck Moser.

Moser landed in a ditch after being thrown over a guardrail. He was pronounced dead at the accident scene. McCully sustained non-life threatening injuries and was treated at Frederick Memorial Hospital.

Two SHA signs had been placed by the road to warn drivers that workers were in the area. Moser and two other workers had been wearing fluorescent green shirts, which are mandatory for SHA employees when doing roadwork.

According to the Bureau of Labor Statistics, 844 workers died while working at a roadside construction site from 1995 to 2002. Over 50% of these fatalities can be attributed to a worker being hit by a motor vehicle or mobile equipment.

Losing a loved one is traumatic enough without doing so accidentally because of another person’s negligence. If someone you love dies after being struck by a car, truck, or motorcycle while working at a roadside construction site, it is important to speak to an experienced personal injury attorney right away.

Your lawyer can determine if the driver was at fault, whether supervisors followed safety regulations, if a defect in the manufacturing of the vehicle caused the deadly collision, or if there were other causes for the wrongful death that can be blamed on a liable party.

After Deadly Car Accident, Maryland Governor Martin O’Malley Passes A Law Against Failing to Stop at A Nonfunctioning Traffic Light

May 25, 2007 | Lebowitz & Mzhen

Maryland Governor Martin O’Malley has signed into law a bill that imposes penalties on failing to stop at a nonfunctioning traffic light located off a highway exit ramp. The penalties will be the same as for running a red light.

The state legislation created the bill after a deadly motor vehicle accident in Howard County on January 6, 2006 killed two teenagers who were passengers in a Volvo going west on Route 175 close to Jessup. Teresa Howard of Sykesville and Scott Caplan of Columbia were killed after a tractor-trailer exited southbound Interstate 95 and collided with the Volvo. The traffic light was not functioning properly at the time.

The Maryland state legislature drafted the bill to clarify how drivers should respond when faced with a broken traffic light to prevent this type of personal injury accident from happening again.

Gary Dicks, who was driving the tractor-trailer, a former Howard County police officer, and the Maryland State Police are among those who have been named in a wrongful death lawsuit filed by the parents of the teenagers.

People who are seriously injured on the roads because of another party’s negligence may be able to file a personal injury claim and recover damages for their injury to pay for their medical bills and other costs. If you are someone who has been injured in a personal injury accident, you should speak with an experienced personal injury lawyer who practices law in the state where your accident occurred.

Some Reasons for Hiring A Personal Injury Attorney:

• Insurance companies are experienced in negotiating a recovery for you that may not be the maximum recovery that you can receive for your injuries. A personal injury attorney can represent you during these negotiations, look out for your better interests, and help you recover the best recovery possible for your injury or loss.

• There may be more than one liable party responsible for your personal injury, and a personal injury lawyer can assess your claim for you and make sure that all avenues of recovery are explored.