Maryland Accident Law Blog

Baltimore County Wrongful Death Lawsuit Accuses Westminster Assisted Living Facility of Maryland Nursing Home Neglect

April 28, 2010 | Lebowitz & Mzhen

The family of Rose Sarah Cangelosi Derrickson is suing Summerville at Westminster Assisted Living for Maryland wrongful death. The 90-year-old resident died on June 30, 2009 at Carroll Hospice’s Dove House.

According to a the Maryland Office of Health Care Quality. Report, nursing home workers did not cut Derrickson’s meat on June 19, 2009 even though it was known that the Parkinson’s patient, whose ability to chew and swallow were impaired, needed help cutting up her food and using her utensils. After she fell into a “severe hypoxic [deficiency in oxygen] state,” Derrickson was transported to an emergency room. Forceps had to be used to remove a chunk of meat from her throat. Because the obstruction prevented her from breathing, a breathing tube was inserted in her and she was placed on a ventilator.

According to the family’s Baltimore nursing home negligence lawyer, Derrickson did not recover and moved into a hospice on June 23, 2009 She died seven days later from aspiration pneumonia.

Maryland Wrongful Death Lawsuit Filed by Families of Two Coal Miners Killed in 2007 Mine Collapse

April 21, 2010 | Lebowitz & Mzhen

The families of Michael Wilt and Dale Jones have filed their Maryland wrongful death lawsuit against Tri-Star Mining Inc., its owner George Beener, the land owner of the mine, BTC Trucking, BTC Developments, consulting firm Dugan Associates, Western Maryland Associates, Bituminous Safety Services, Inc., and Highland Engineering and Surveying Inc. The plaintiffs are seeking $8 million for the wrongful deaths of coal miners Jones and Wilton during a mine collapse.

The two men were fatally crushed on April 17, 2007 when one of the mine walls at Tri-Star Mining Inc. collapsed. The wall was comprised of thousands of tons of rock.

The plaintiffs contend that the Maryland mine collapse happened because of recklessly unsafe conditions at the workplace. They are accusing the defendants of negligence, including telling miners that it was safe to work at the bottom of the 275-foot high wall.

Crofton Family to File $10 Million Maryland Wrongful Death Lawsuit Against Anne Arundel County School Board and Parents of Teens Convicted of 14-Year-Old’s Fatal Beating

April 15, 2010 | Lebowitz & Mzhen

The parents of Christopher Jones are filing a $10 million Maryland wrongful death lawsuit against the Anne Arundel County School Board, five teenagers, and one adult. Jones, 14, sustained a fatal head injury last May when he fell to the ground during a beating. Police say the incident was a youth gang beating.

Jones did not belong to any gang. His mother accused gang members at the school he attended of assaulting her son.

Two teens were convicted of manslaughter in Jones’s beating death. Jones’ family is to seek $8 million in Anne Arundel County wrongful death compensation from the teens’ parents and $200,000 from the school board.

$1.44 Million Baltimore County Medical Malpractice Verdict Over Man Who Died From Sepsis at a Towson Hospital

April 13, 2010 | Lebowitz & Mzhen

A Maryland jury has awarded the family of Thomas Murphy $1.44 million for his Baltimore County wrongful death. Murphy died of sepsis on June 11, 2007, one day after he was admitted to St. Joseph Medical Center.

Murphy’s family is alleging Maryland medical malpractice. They claim that the 59-year-old did not receive the proper medical care.

According to ABC-2.com, despite having Murphy undergo several tests, including a CAT scan and an X-ray, doctors did not diagnose him as suffering from sepsis. Instead, Dr. Richard Murphy, one of the defendants, thought the patient was suffering from an infection and prescribed a broad-spectrum antibiotic before admitting him to the hospital.

Prince George’s County and Frederick County Settle Maryland Injury Lawsuits

April 5, 2010 | Lebowitz & Mzhen

If you’ve been the victim of police brutality or police negligence, there are legal remedies that allow you to seek Maryland personal injury compensation. Many victims of police violence or negligence are too scared to report the incident for fear of repercussion or because they are unaware that what happened to them was wrong. As with other negligent parties that cause injuries or deaths, law enforcement officers can be held liable for their reckless actions.

Recently, the family of Justin Lihvarcik settled its Maryland wrongful death lawsuit accusing Frederick County police of negligence. On June 10, 2009, Lihvarcik, who was 26 at the time, was placed in a holding cell at the Frederick County Adult Detention Center at around 2:30am after he was charged with second-degree assault during a dispute with his girlfriend. At around 5:30am, correctional officers found him hanging from the top bunk. He had used his shoelaces to make a noose.

In her Frederick County wrongful death complaint, Lihvarcik’s mother, Nancy Fether, accused the Frederick County Sheriff’s Office of neglect.

$100 Million Maryland Wrongful Death Lawsuit Alleges Baltimore Police Brutality

March 29, 2010 | Lebowitz & Mzhen

On Thursday, the Maryland wrongful death lawsuit trial against Baltimore police officers Michael Riser and Sendy Ferdinand began. The relatives of Dondi Johnson, Sr., are suing the cops for $100 million. They claim that the two men, and possibly other officers, were negligent and committed Baltimore police brutality, including battery, assault, fraud, concealment and conspiracy.

Johnson, Sr. was arrested on November 23, 2005 for allegedly urinating in public. He was handcuffed and placed in the back of a police van. However, no one fastened the 43-year-old’s seat belt. Over the course of the drive, his spine became dislocated and fractured, which caused him to become a quadriplegic. He died on December 7, 2005.

The plaintiffs are alleging that the defendants acted maliciously when they didn’t secure Johnson with a seat belt and then drove aggressively so that he would get hurt.

Recall of Over 1 Million Baby Slings by Infantino Following Three Infant Deaths

March 24, 2010 | Lebowitz & Mzhen

The Consumer Product Safety Commission and Infantino LLC are recalling over 1 million baby slings following the deaths of three infants. The victims are a 7-week baby, a 3-month-old infant, and a 6-day-old newborn. All three child fatalities occurred last year. Consumers should stop using the baby slings as soon as possible.

The recall comes two weeks after the CPSC issued a warning to parents and guardians about the importance of using the sling carriers correctly. 11 other deaths have been linked to the baby slings in the last two decades. Yet, despite an earlier warning by Consumer Reports of the hazards posed by using a baby sling, many consumers remain unaware that these “hip” child carriers can cause suffocation injuries and deaths.

If your child was injured in a baby sling or because of another infant product, contact our Maryland products liability lawyers immediately. You may be entitled to sue the manufacturer for injuries to children or wrongful death.

Baby Slings as Suffocation Hazard

Because newborns are unable to control their heads yet, an infant may not be able to turn away should the sling’s fabric end up covering the mouth and nose. When the baby’s breathing is blocked in this way, suffocation can take no more than a couple of minutes. Or, if the baby is curled up in such a way that the chin is bent into the chest, oxygen might have a hard time getting through the airways, resulting in slow suffocation.

Earlier this year, the CPSC added infant slings to the list of infant products that need to have mandatory standards.

In the wake of today’s recall, replacements are being offered to consumers for the Infantino “Wendy Bellisimo” and the “SlingRider” baby slings. Consumers can choose between the a Wrap & Tie infant carrier, a 3 in 1 Grow & Play Activity Gym, or the 2 in 1 Shopping Cart Cove.

Infantino baby sling recall: Are any baby slings safe?, Christian Science Monitor, March 24, 2010
Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010
Related Web Resources:

Consumer Reports

Infantino

Are Bed Rails a Maryland Nursing Home Hazard?

March 18, 2010 | Lebowitz & Mzhen

By now we’ve heard about crib entrapment and the dangers posed by some poorly designed cribs that have openings wide enough between the crib slats and the mattress that an infant or toddler can easily fall into the space and die from suffocation. But were you aware that hospital beds can pose a similar hazard to the sick and the elderly?

According to the Food and Drug Administration, in the last 24 years, 480 people have died from entrapment in a hospital bed. A patient’s head can gets stuck between the bed’s rails or in the middle of the mattress, which can quickly lead to asphyxiation. There have been 138 reported injuries, 185 close calls, numerous other incidents involving hospital beds that have very likely gone unreported.

Hospital Bed Rails as an Entrapment Hazard

Apparently knowledge of this hazard isn’t new. The FDA issued a warning about bed rail entrapment in 1995. With this awareness, the use of bed rails at assisted living facilities is now under 10 %–although that is still a significant number.

People have filed nursing home negligence and products liability lawsuits as a result of personal injuries and wrongful deaths caused by a hospital bed with rails. One nursing home patient, Harry Griph, died not from failure to thrive, which the 75-year-old was suffering from, but because his neck got trapped between the mattress and bed rail. His cause of death was asphyxiation.

Hospital Bed Rails as a Fall Hazard

Although bed rails are considered a safety device for keeping confused, disoriented medicated, sick, or restless people from falling out of their beds in nursing homes and hospitals, bioethicist and geriatrician Steven Miles told the New York Times that while bed rails do lower a person’s fall risk by 10 – 15%, they increase injury risk by approximately 20%. A patient that tries to climb over the rails to get out of bed can end up falling from a higher elevation and sustaining a head injury.

Assisted living facilities can be held liable for Maryland nursing home negligence if they allowed a hazard to exist on the premise that should have been removed or repaired. A person who sustains a traumatic brain injury from falling off a hospital bed or the family members of a resident that dies from suffocation during a bed entrapment accident may have grounds for a Maryland injury lawsuit. The manufacturer of a poorly designed or defective hospital bed can be sued Maryland products liability.

Safe in Bed?, New York Times, March 10, 2010
Siderails, Falls in Long-Term Care
Related Web Resources:

Maryland Nursing Home Care Guide

Falls in Nursing Homes, Maryland Nursing Home Lawyer Blog

$10 Million Maryland Wrongful Death Lawsuit Blames Baltimore County Police for Taser Fatality

March 12, 2010 | Lebowitz & Mzhen

The family of Ryan Meyers is suing Baltimore County police and three cops for Maryland wrongful death. They are seeking $10 million in compensation and alleging negligence and police brutality.

Meyers is bipolar. The 40-year-old died after cops, who arrived at his parents’ home following a 911 call, tasered him. Meyers had been allegedly using a baseball bat to attack people, and his father was injured.

According to the officers, they tasered him because he ignored their order to put down the bat. Meyers went down but then got up and allegedly tried to attack them. They managed to handcuff him and then saw that he was unresponsive. He went into cardiac arrest and was pronounced dead at the hospital.

Baltimore, Maryland Truck Accident Lawsuit Seeks $5 Million for Family of Bicyclist

March 7, 2010 | Lebowitz & Mzhen

The family of John R. “Jack” Yates is suing a truck driver and his employer for the 67-year-old’s Baltimore wrongful death. Yates was cycling in the Charles North neighborhood on Maryland Avenue behind the truck driven by Michael Dale Chandler on August 4 when he got trapped under the loaded fuel tanker’s tires and was run over.

The truck kept going because Chandler does not appear to have realized that he had driven over anyone. Yates was pronounced dead at the crash site.

Now, Yates’ daughter and wife are suing the truck driver and Potts & Callahan Inc. for $5 million. Following an investigation into the Baltimore truck crash, the bicyclist was found responsible for the tragic accident since he was riding in the parking lane and tried to overtake the truck from the right. However, the plaintiffs’ legal team is adamant that Yates wasn’t at fault. Under Maryland law, bicyclists must keep up with the flow of traffic and make sure their bicycles stay to the right.