Maryland Accident Law Blog

Substantial Lawsuit Brought Against Kaiser After Allegedly Botched Delivery

April 22, 2015 | Lebowitz & Mzhen

The father and guardian ad litem for a child born with severe brain damage has brought a suit in Multnomah County Circuit Court against the hospital system that delivered his daughter. According to a courthouse news source, the father is claiming that his daughter’s seizure disorder and brain damage was a result of the medical negligence of the medical professionals who assisted in the labor and delivery. The complaint alleges that, given his wife’s past deliveries, her labor should have been more closely monitored, and that failure resulted in his daughter’s condition.

In 2010, the mother and father of the child went to St. Vincent Hospital to give birth to their daughter. Kaiser and Providence contracted with St. Vincent’s Hospital to use their services for labor, delivery, and newborn care. This particular child was born with the assistance of Kaiser’s medical staff.

The mother of the child delivered her other child via a Cesarean. However, for this birth the doctor and the mother agreed that they would attempt a vaginal birth before a Cesarean. The couple’s daughter was born after 12 hours of labor, and she was unfortunately found to have been suffering from the effects of the loss of oxygen to her brain. It was alleged that the loss of oxygen during labor was not detected by the hospital staff, and as a result the child suffered permanent brain injuries.

Federal Court Refuses to Hold Social Security Administration Liable for Employee’s Maryland Crimes

April 15, 2015 | Lebowitz & Mzhen

In a recent case in front of the Fourth Circuit Court of Appeals, the court refused to hold an employer liable for an employee’s criminal actions that took place while the employee was off duty. This was the court’s refusal to expand the Maryland state-law doctrine of “respondeat superior.”

The Facts of the Case

Several years ago, approximately 30 homes were allegedly set on fire by an employee of the Social Security Administration. The homeowners grouped together and decided to sue the Social Security Administration for their losses, arguing that the Administration, as the employer of the person who allegedly committed the acts, was at least in part liable for their losses. Since the named defendant was a federal entity, the case was filed in federal court.

The evidence submitted suggested that all the criminal acts took place while the employee was off duty. However, there was some suggestion that some of the planning for the crimes took place while the man was at work for the Social Security Administration.

Listeria Fears Prompt Several Organic Food Companies To Issue Recalls

April 8, 2015 | Lebowitz & Mzhen

The recent listeria outbreak has been making national news over the past several weeks. According to a prominent news source, some leading organic food companies have had to issue recalls for some of their packaged foods. One organic food company had to recall almost 75,000 cases of frozen food because they possibly contained contaminated spinach.

Listeria is a disease that can result in extreme illness and in some cases even death. Young children, the elderly, and those who have a weakened immune system are particularly prone to developing a serious case of the disease. Some of the common initial symptoms of listeria include diarrhea, nausea, headache, and stiffness. Often, listeria goes undiagnosed because the initial symptoms mirror the flu. Pregnant women also face a danger of miscarriage and stillbirth if they contract the disease.

Some common items that have been recalled in this most recent outbreak are various types of tofus, pasta shells, spinach pizza, brown rice and vegetable bowls, and other frozen dishes made by these companies. Sadly, five people have developed listeria after eating contaminated food, and three of those individuals have died as a result.

Maryland Officer Who Was Killed in Car Crash Had Alcohol in System

April 1, 2015 | Lebowitz & Mzhen

Recent reports regarding the Maryland police officer who died in a car crash last month revealed that he had alcohol in his system at the time of the accident. A prominent news source has reported that the officer was killed when he was taking his girlfriend to her home in the early hours of the morning.

Evidently, the officer was off duty, but he was attempting to stop a speeding vehicle. He was speeding when he came around a curve in Lanham, Maryland. Unfortunately, he was not able to control his vehicle, and he ended up hitting a wooden fence.

Investigations revealed that the officer had a blood alcohol level of about .07; the legal limit is .08 in Maryland. Additionally, he was driving around 106 mph and slowed to about 65 mph right before the accident. Although the officer was off duty, they believe that he was going to call in a traffic stop because he switched his radio on. Apparently, a new investigation has also made clear that the officer’s girlfriend was in the car with him at the time of the accident. Fortunately, she did not suffer any serious injuries.

Rear-End Accident on Route 50 Kills One, Injures Several Others

March 23, 2015 | Lebowitz & Mzhen

Earlier this week, a fatal rear-end accident on Route 50 took the life of one man and injured four others. According to a report by the Capital Gazette, the accident occurred around 2:45 in the afternoon last Saturday.

Evidently, a Nissan X-Terra was heading east on Route 50 when it came up on a line of cars that had stopped due to an accident up ahead. The driver of the X-Terra did not see the stopped cars in time and—although he tried to swerve at the last minute to avoid a collision—crashed into the rear of a Toyota Corolla. The force from the accident slammed the Corolla into a nearby Jeep.

The Corolla had three people inside. The two in the front of the car were flown to the University of Maryland Shock Trauma Center with serious injuries. The man in the back seat was pronounced dead at the scene of the accident. Two people in the Jeep suffered minor injuries but declined treatment.

Update on the Proposed No-Fault Birth-Injury Fund Proposed by Maryland Lawmakers

March 16, 2015 | Lebowitz & Mzhen

In an earlier post, we discussed a pending bill in front of the Maryland State Legislature that would establish a no-fault birth-injury fund to help cover the costs associated with having a child with a birth injury. In a recent article by Southern Maryland News Net, the bill is discussed in greater detail.

According to the article, Senate Bill 585 and House Bill 553 would establish a fund to help provide those families who give birth to a child with a neurological injury with the necessary means to care for and treat their child. Specifically, the fund provides money for the “living and care expenses” of the baby. The fund would be created by local participating hospitals that, according to actuarial estimates, would total around $25 million a year.

Pros and Cons of the No-Fault Birth-Injury Fund

The bill has been met by some harsh criticism, some of which is directed at the amount of money that the hospital would deposit into the fund. According to the bill’s sponsors, only about seven babies would qualify to tap into the fund each year. However, according to the Maryland Association for Justice, the number of eligible babies should be closer to 150 per year. If that is the case then the fund will be woefully inadequate to address the needs of all the children born with qualifying birth injuries.

Winter Storms Paralyze the East Cost, Including Maryland, Resulting in Several Fatalities

March 9, 2015 | Lebowitz & Mzhen

If you have spent time over the last couple months anywhere from New England to North Carolina, you have no doubt seen the crippling effects of the most recent winter storms that came through the area. In some areas, total snow fall was being measured in feet, rather than inches. While this kind of weather is certainly inconvenient for most on the East Coast, it is also downright dangerous for those who need to use the roads during times of inclement weather.

According to one report by the Washington Post, one local Maryland man was recently killed in an accident that was caused at least in part by the snowy and icy roads. Evidently, the man was driving south on Route 97 in Howard County, near the Montgomery County border, when he took a turn too quickly.

Although the road was plowed at the time, the roadway was slick and the man lost control of his vehicle as he entered the turn. As he slipped out of his lane and into the lane of oncoming traffic, he crashed head-on into a northbound pick-up truck with a snowplow attachment.

Pending Bill Would Eliminate Maryland’s Mandatory Helmet Law

March 2, 2015 | Lebowitz & Mzhen

Senate Bill 612 is pending in the Maryland Legislature and, should it pass, would act to eliminate the state’s requirement that all motorcycle riders wear helmets when riding on public roads. According to a local news source, the bill would allow certain riders with adequate health insurance coverage to choose for themselves whether or not they would wear a helmet when riding.

The bill’s main sponsor is State Senator John Astle, who is a motorcycle enthusiast himself. He claims that responsible riders should have the choice whether to wear a helmet or not. He recalls his younger days riding across the county, explaining, “I had nothing on my head but a yellow rag, because it made me look really cool.” Those in support of the bill point to increased rider freedom as a key benefit. Additionally, they claim that the Bill would bring Maryland in line with the majority of other, more motorcycle-friendly states.

Of course, motorcycle riding is about more than looking “cool.” The opponents of the bill cite statistics that show non-helmet wearing riders are much more likely to be involved in a serious or fatal accident. In turn, hospital bills (many of which end up unpaid) would increase as a result of these increased injuries.

Court Dismisses Accident Victim’s Case Based on Lack of Expert Witness Testimony

February 23, 2015 | Lebowitz & Mzhen

Earlier this month, an appellate court affirmed the dismissal of a case brought by two accident victims based on the fact that they did not raise an “issue of fact” as it pertained to proximate cause. The court determined that the plaintiffs failed to show that there was sufficient evidence that the defendant’s negligent acts were the cause-in-fact of their injuries.

The Facts of the Case

In the case, Piltch v. Ford Motor Company, the Piltches were seriously injured when their 2006 Mercury Mountaineer hit a patch of black ice, slid off the road, and crashed into a nearby wall. None of the cars’ airbags deployed during the accident. The Piltches filed suit against the manufacturer of the vehicle, claiming that under state law the vehicle was defective. They argued that they should be compensated for their injuries because the fact that the airbags did not deploy resulted in them sustaining more serious injuries than they would have had the airbags worked properly.

However, at trial the Piltches failed to present any “causation” evidence from an expert, meaning that they were relying solely on circumstantial evidence that the fact that the airbags didn’t deploy worsened their injuries.

Mom Connects Her Son’s Suicide with His Participation in Youth Football League 15 Years Earlier

February 16, 2015 | Lebowitz & Mzhen

Earlier this month in Wisconsin, the mother of a 25-year-old man who took his own life back in 2012 filed a lawsuit against a youth football league, alleging that the brain damage her son sustained while playing for the league led to myriad mental health conditions and ultimately to his death. According to one local news source, the young man played for a Pop Warner football league from 1997 to 2000.

Evidently, the young man sustained a number of head injuries and concussions during his tenure in the league. Towards the end of his life, the young man suffered from depression and dementia. The man’s mother, who is seeking $5 million in compensatory damages for the loss of her son, claims that the league was negligent in several ways, including:

Failing to properly train coaches in injury prevention and concussion treatment; and
Failing to educate players and parents about possible long-term brain damage that could result from playing football; and
Failing to institute proper concussion management or return-to-play rules for players suspected of having concussions.