Maryland Accident Law Blog

Maryland Police Enforce Seat Belt Safety With “Click It Or Ticket” Campaign

June 1, 2006 | Lebowitz & Mzhen

Failure to wear a seat belt can sometimes affect the outcome of a personal injury lawsuit. In some states, failure to wear a seat belt can decrease the amount of compensation a plaintiff can receive. In other states, evidence of failure to wear a safety belt cannot be considered when determining the plaintiff’s damages.

In Maryland, more than 120 state law enforcement agencies are cracking down on passengers and drivers who don’t wear safety belts. The “Click It Or Ticket” campaign is part of a nationwide initiative to reduce auto accident deaths and increase Maryland’s 91% safety belt use rate.

State law enforcement groups have set up more than 100 seat belt checkpoints and enforcement zones where individuals not wearing seat belts will be ticketed. Special attention will be paid to safety belt use at night.

Maryland Malpractice Suit Filed By Family After Man Addicted To Painkiller Commits Suicide

May 30, 2006 | Lebowitz & Mzhen

The family of a Bel Air man who committed suicide after becoming addicted to a prescription painkiller is filing a medical malpractice suit against his doctor.

Ken Jones was addicted to OxyContin when he shot himself in the chest on March 2003. The painkiller was prescribed to him by his doctor who was treating Jones for back pain.

Before committing suicide, Jones, then 48, had written a note saying that his doctor knew he was addicted to OxyContin but continued to increase his prescription dosage.

Teen Auto Accidents Continue To Cause Concern In Maryland

May 26, 2006 | Lebowitz & Mzhen

In a case that is being ruled a pedestrian error, a high school student was hit by an SUV after she jumped out of a moving car and ran across the street on Route 99 in Howard County on Thursday, May 19.

Mount Hebron High School student Jamila Haley Palmer, 18, was treated at the Maryland Trauma Shock Center in Baltimore and later released with minor scratches on her head. The 17-year-old male driver of the vehicle that Palmer had been riding in was charged with driving without a license. The reason for why Palmer jumped out of the vehicle is not known. The accident took place near the site where another Mount Hebron student had died in an auto accident last February.

Auto accidents involving teenagers is a growing issue of concern in Maryland. Last year, the state’s House of Delegates approved measures that:

New Competition for Medical Malpractice Insurance in Maryland

May 23, 2006 | Lebowitz & Mzhen

There is a new medical malpractice insurer in the state of Maryland called the Maryland Healthcare Providers Insurance Exchange. The Maryland Exchange plans to work with its insured doctors to identify causes of claims and find ways to avoid or mitigate them. The new insurer also wants hospitals and doctors to work together when handling patient safety, risk management, and claims management.

Medical Mutual Liability Insurance Society of Maryland, which insures more than 75% of the private practice physicians announced last summer that it would not be increasing medical malpractice insurance premiums after two years of double-digit increases.

According to Medical Mutual, their payouts in medical malpractice cases had risen from $47 million in 2000 to $93 million in 2003. But 2004 was only at $78.5 million, and 2005 was expected to be similar.

Interesting that they did not reduce rates even though the payouts went down. It is possible that this new entry into the market by Maryland Healthcare Providers Insurance Exchange indicates that there is money to be made from doctors by insurance companies selling medical malpractice insurance.

New Medical Malpractice Insurer in Md. Washington Business Journal, May 1, 2006
Remission On Medical Malpractice Washington Post, August 19, 2005

Worldwide Recall of Bausch and Lomb Contact Lens MoistureLoc Solution

May 19, 2006 | Lebowitz & Mzhen

Bausch and Lomb has announced a worldwide recall of its ReNu with MoistureLoc contact lens cleaner solution. This recall comes following reports from Asia and the US that most of the contact lens wearers who were infected with a potentially blinding infection called Fusarium keratitis used the solution. Bausch and Lomb is urging MoistureLoc users to switch to its other ReNu brand products. Approximately 5 million people have used MoistureLoc since late 2004.

On April 13, 2006 Bausch and Lomb asked US customers to stop using the product and recalled the product from American stores. The worldwide recall follows this announcement. A number of law firms in the US have filed lawsuits again Bausch & Lomb on behalf of clients who have been diagnosed with Fusarium keratitis after using ReNu with MoistureLoc solution.

Fusarium keratitis is a rare but serious corneal infection caused by Fusarium, a type of fungus. While Fusarium keratitis can be a serious infection, it is a rare disease. Fusarium is commonly found in organic matter such as soil and plants. This infection cannot be transmitted from person to person. People who have trauma to the eye, certain eye diseases, and problems with their immune system may be at increased risk for this type of infection.

Maryland Pedalers Will Ride in Silence To Honor Cyclists Killed In Traffic Accidents

May 17, 2006 | Lebowitz & Mzhen

On May 17, 2006 at 7pm, Maryland cycling groups from Hagerstown, Frederick, and Baltimore will join cyclists across the country in a Ride of Silence to honor cyclists who have been killed or injured on public roads. The Ride of Silence was started in 2003 when an endurance rider was killed after being hit by the mirror of a bus.

In 2003, 622 people died in car-related accidents while riding bicycles. Although the number is dropping, bicycle accidents are 2% of all traffic fatalities and 2% of all traffic injuries. Bicycle rides account for less than 1% of trips.

Hospital records indicate that only 10% of bicycle accidents are ever reported. Millions of people ride their bikes on the road every year.

Parents Of Inmate Murdered On Prison Bus File $51 Million Against State Of Maryland

May 16, 2006 | Lebowitz & Mzhen

A $51million lawsuit was filed on May 15, 2006 against the state of Maryland by the parents of an inmate who say that guards were too busy watching television and sleeping to intervene when their son was strangled by another inmate on a prison bus in 2005.

The suit was filed at the Baltimore City Circuit Court against Maryland, the heads of the Department of Public Safety and Correctional Services, the Division of Correction, the Maryland Correctional Adjustment Center known as Supermax, the driver of the bus, and a number of correction officers.

The parents of Philip E. Parker Jr. say that their son was “dragged” off the bus at the maximum security prison in Baltimore and left on the floor for several minutes before being administered CPR.