Maryland Accident Law Blog

Maryland Product Liability Claims Following the Philips CPAP Machine Recall

December 26, 2021 | Lebowitz & Mzhen

Medical devices often play a crucial role in diagnosing and treating serious medical conditions. However, patients who use defective or dangerous medical devices may end up in a less desirable position than they started. Companies whose products cause harm to patients may be liable under Maryland’s product liability laws. While a defective product lawsuit may not make a person whole again or undo the harm they experienced, it can relieve some financial burdens.

The Food and Drug Administration (FDA) recently issued a recall statement alerting those who use specific Philips ventilators, CPAP, and BiPAP machines. The recall follows a June 2021 safety report that advised healthcare providers and consumers that these devices may pose potential health risks. The FDA’s investigation in conjunction with the company’s testing revealed that foam degradation in the product is toxic and might emit carcinogens. Philips explained that the foam might release toxic fumes and particles that users may swallow or inhale. While the company stated that they were replacing and repairing the machines, the process may take upwards of a year. Further testing also showed that the replacement foam poses many of the same risks as the original product.

Many users have reported injuries related to defective machines, such as:

Bladder Cancer
Brain Cancer
Breast Cancer
Kidney Cancer
Respiratory Distress System
Heart Failure and Attack
Liver Cancer, Damage, and DIsease
Lung Cancer, Damage, and Disease

These injuries can have lifelong consequences on the user and their loved ones. In addition to these conditions come users reported side effects such as:

Understanding Maryland Wrongful Death Lawsuits and Survival Claims

December 16, 2021 | Lebowitz & Mzhen

No one is ever ready to lose a loved one, especially not to an unexpected and sudden accident. When you lose a loved one out of the blue because of another party’s negligence or recklessness, it can be even more painful and frustrating, because it likely should not have happened in the first place.

According to a recent local news report, a pedestrian died after being hit unexpectedly in an accident. Maryland Transportation Authority Police reported that the victim, an unidentified man, died from his injuries at the scene. The accident remains under investigation as local authorities work to identify the party responsible for causing the accident and fleeing the scene.

In Maryland, if an accident like the one described above takes place and involves you losing a loved one, it is likely that you have grounds to bring a wrongful death or survival claim. Under Maryland law, a wrongful death takes place when it is caused by a particular act or neglect which would have allowed the deceased to bring a claim to recover damages if the death had not happened.

Navigating a Lawsuit After a Maryland DUI Crash

December 10, 2021 | Lebowitz & Mzhen

The consequences of a Maryland DUI crash can be serious and long-lasting for victims and their family members. But taking some important steps can help address some issues that can come up. For one, it is important to keep any evidence from the crash, including photos, the contact information of witnesses, and notes of relevant pieces of information. Victims should also obtain a copy of the police report from the crash and report the crash to their insurance company. They should also keep copies of medical records and receipts for any medical expenses, including physical therapy and prescriptions. Victims should also follow the recommendations of doctors concerning their medical treatment to avoid being blamed for failing to address or mitigate injuries.

Should I speak with a lawyer after a Maryland DUI accident?

Yes, speaking with an experienced Maryland DUI accident lawyer is important to determine an accident victim’s rights. Even if a driver was not convicted of DUI in a criminal case against them, a lawsuit may still be possible. Every case has a statute of limitations which means that the case must be filed within a certain amount of time, so talking to a lawyer as soon as possible is very important. Generally, lawsuits filed after a DUI crash are based in negligence and rely on showing that the at-fault driver is liable because his actions fell below the standard of care required.

Experts are necessary in many DUI cases, as they can explain issues that are not within the common knowledge of most people—such as how alcohol impairment affected the driver or how the victim’s injuries required certain services or treatments. Victims might be able to recover damages including medical bills, loss of future earnings, property damages, lost wages, and pain and suffering.

What Marylanders Should Do After a Product Recall

December 6, 2021 | Lebowitz & Mzhen

In the unfortunate event of the recall of a product owned by a Maryland consumer, the first step is to get rid of the affected product. The recall will have details on how to properly dispose of the product and may include returning it or throwing it away. Affected consumers also generally will be entitled to a refund or a replacement, depending on the recall, so they should check the notice for how to get reimbursed for the damaged product. Registering a product after purchase is useful because it may alert consumers to product recalls and may allow them to get reimbursed easily. Any consumer who believes they may have suffered because of a defective product should consult with a Maryland product liability lawyer as soon as possible.

Are companies liable for injuries caused by recalled products?

A product recall is a sign that the product was defective and that the company may be liable for injuries caused by the product. The type of claim a consumer may file after an injury depends on the circumstances surrounding the injury and the type of defect. In a negligence claim, the consumer generally must show that the defendant owed the consumer a duty, that the defendant breached that duty by manufacturing or selling a dangerous product, that the product’s defect caused the consumer’s injuries, and that the consumer suffered damages. In a strict liability claim, the consumer does not need to prove that the defendant was negligent in any way.

The consumer must prove only that the product was defective at the moment it left the defendant’s control, that there was no substantial change in the product’s condition when it reached the consumer, that the product was unreasonably dangerous, and that the product’s defect caused the consumer’s injuries. In any event, a consumer should consult with an experienced attorney as soon as possible who can evaluate their claim.

Filing a Claim After a Personal Watercraft Accident in Maryland

November 24, 2021 | Lebowitz & Mzhen

Personal watercraft accidents can cause serious and lasting injuries. There were 155 reportable Maryland boating accidents in 2020, according to the state. 64 of those accidents resulted in injuries and there were seven deaths. Filing a Maryland injury claim after a personal watercraft accident may be the only way victims can hold others responsible and recover compensation for injuries. In this type of claim, a victim must generally show that the defendant in the case acted negligently and caused the victim’s injuries. Boating accidents can be complicated and in some cases, there may be disputes about which law applies in a certain jurisdiction.

A recent case involving a near-collision between a surfer and a city lifeguard operating a personal watercraft is an example of the complex laws and disputes that can arise in such cases. In that case, the surfer was surfing by a public beach when the lifeguard made an abrupt left turn in front of him, according to the surfer. The surfer alleged that he had to dive off of his surfboard in order to avoid a collision. The surfer hit his head on the ocean floor and suffered serious injuries as a result. He used a wheelchair full time as a result. The surfer and his wife filed a lawsuit against the city and the lifeguard, arguing that the lifeguard was negligent.

The case went to trial and the jury found in favor of the defendants. On appeal, the plaintiffs argued in part that the trial court made an error by failing to tell the injury that a basic default speed law applied in this situation, according to a state navigation code. The section of the code reflects a default speed limit of five miles per hour for vessels that are operated in certain waters. The law states that an operator is guilty of an infraction if the operator uses a vessel at a speed in excess of five miles per hour in certain areas, within 100 feet of another person that is surfing or doing certain activities in the water. The plaintiffs had requested that the court instruct the jury about this law, but the judge found that the law did not apply to city lifeguards.

The Importance of an In-Depth Investigation in Maryland Accident Cases

November 19, 2021 | Lebowitz & Mzhen

Immediately after a car accident, it may be hard to think clearly because of the adrenaline of the moment. It is crucial, however, to take several steps toward documenting the accident, if you are able, so that you can both aid in your personal stake in recovering following the collision, and also help with ongoing investigations by local authorities into your crash.

According to a recent news report, Maryland State Police are investigating a crash involving multiple vehicles. Troopers responded to a report of an accident with four vehicles, where a preliminary investigation showed that a Volvo tractor-trailer collided with the rear of a Dodge caravan, which pushed the Dodge off the road and into the jersey wall. The tractor-trailer then crashed into the rear of a Hyundai and sideswiped a Toyota. The driver of the Dodge was transported to a local hospital for treatment, where she later died from her injuries. The Hyundai driver was also transferred to a hospital for treatment. Maryland State Police and their Crash Team are still investigating the cause of the accident.

Determining what exactly happened in the course of a collision, especially one with multiple parties, is crucial. Whether it’s the parties involved in the accident or the insurance companies, knowing exactly what took place is important both for subsequent disputes and for maximizing your chances of receiving compensation.

Roadside Accident Victims in Maryland May Be Eligible for Compensation

November 11, 2021 | Lebowitz & Mzhen

Maryland state troopers are looking into a recent Maryland roadside crash in which a AAA worker was killed while changing a tire. According to one news source, the AAA worker had just finished changing a flat tire on I-70 in Marriottsville when a pickup truck driver hit him and his work van. Investigators are still trying to determine what caused the crash, including possible factors such as distracted driving and speed. The crash occurred at around 11:30 in the morning. The worker was wearing a safety vest and the emergency lights on the work van were flashing.

A AAA Public and Government Affairs Manager said that the crash highlighted the dangers that first responders, police, tow truck drivers, and EMS face every day on the side of the road while assisting others. A AAA representative reported that this was the sixth worker killed on the job within the last six months. A recent AAA survey found that 75 percent of first responders in Maryland report that drivers do not move over or slow down.

Maryland’s Move Over, Slow Down Law and Its Consequences

When Maryland drivers approach emergency, tow truck, law enforcement, transportation, and utility vehicles that are stopped, standing, or parked on the highway with their lights flashing, drivers must move over. If drivers cannot safely move over, then they must slow to a reasonable and safe speed considering the conditions. The law originally applied only to first responders and law enforcement but later expanded to include tow truck drivers. Violators of the law may be fined and may be charged with criminal charges in some cases. They also may be subject to civil lawsuits if anyone is injured as a result.

Maryland Appeals Court Finds Expert Testimony Wrongfully Excluded Despite Failing to Review Patient’s Medical Records

October 31, 2021 | Lebowitz & Mzhen

Expert testimony is essential in many Maryland accident cases. A Maryland appeals court recently issued a decision in part on whether a court was wrong in excluding expert testimony, despite not having reviewed the patient’s relevant medical records. In that case, the plaintiff filed a malpractice claim against a doctor and his practice, claiming that she suffered a permanent loss of feeling in her tongue after the doctor allegedly severed lingual nerves in her jaw while he was taking out her wisdom teeth. She claims the doctor failed to take proper precautions when extracting her teeth, including failing to obtain a CT scan of the plaintiff’s mouth and nerves because she had impacted teeth, by failing to administer steroids immediately after the nerve injury, and by failing to immediately refer the patient to a nerve surgeon specialist.

The judge dismissed the case, in part because he excluded the expert testimony presented by the plaintiff. The plaintiff had two expert witnesses in the case: Dr. Kramer and Dr. Kotikian. The judge found that the opinion of Dr. Kramer was inadmissible in part because he had not reviewed the notes and records from the plaintiff’s treatment. The judge also found the opinion of Dr. Kotikian was inadmissible because he found that inferences of negligence can only be drawn when the alleged injury would not have occurred in the absence of medical negligence. The judge also found the plaintiff was contributorily negligent because she failed to attend follow-up appointments. The plaintiff appealed the decision.

When Is Expert Witness Testimony Necessary in Maryland?

Under Maryland Rule of Evidence 5-702, expert testimony may be admitted in a personal injury case if the court finds that the expert testimony will be helpful in understanding evidence or deciding a fact in the case. A court should determine: if the expert witness is qualified based on knowledge, skill, experience, training, or education; if the expert testimony is appropriate on the issue, and; if there is sufficient factual support for the testimony.

Maryland Police Investigation Two Fatal Crashes in Recent Weekend in Cecil County

October 24, 2021 | Lebowitz & Mzhen

State police in Maryland are investigating two fatal crashes that occurred on a recent weekend in Cecil County, Maryland, according to one news source. In the first fatal crash, according to a preliminary investigation, shortly before 10 pm on a Saturday night, a driver was driving a car southbound on MD 272 in North East, Maryland when she struck a pedestrian who was crossing the road. The pedestrian, a 39-year-old woman from Elkton, Maryland, died at the scene of the crash. Law enforcement was deciding whether any charges would be filed in the case. The second fatal crash occurred in the same area just a few hours later. According to a preliminary investigation, the crash occurred around 2 am when a Jeep Cherokee drove southbound in the northbound lanes on MD 272. The Jeep crashed into a Ford F-250 head-on which had been traveling northbound. The driver of the Jeep died as a result. He was 60 years old and was from Delaware.

Filing a Claim After a Fatal Crash

In the tragic event of the death of a loved one, the family members of the victim may be able to file a wrongful death claim against any parties responsible for the loss of the victim. Under Maryland’s Wrongful Death Act, certain surviving family members can file a lawsuit after their loved one’s death to seek to hold responsible parties liable and to seek compensation. A wrongful death claim may provide surviving family members with compensation for the losses suffered due to their loved one’s death, including loss of companionship, loss of financial support, and more.

In a wrongful death claim after a fatal crash, similar to other negligence lawsuits, the plaintiff has to prove: that the defendant owed the victim a duty of care; that the defendant failed to meet the standard of care by acting or failing to act in some way; that the defendant’s breach of the standard of care caused the victim’s injuries; and that the plaintiff suffered damages. A plaintiff has the burden to prove that it was more likely than not that the victim’s injuries were caused by the defendant’s conduct.

Maryland Man Killed After Car Crashes into His Home

October 17, 2021 | Lebowitz & Mzhen

While individuals are more likely to get into a car or truck accident while they are driving, there is the possibility of getting injured by a car in other situations. Whether they are hurt in a vehicle or in their home, after someone is hurt in an accident, they can bring a personal injury lawsuit against the responsible party. In doing so, the plaintiff hopes to receive damages—to help them both financially and emotionally recover. But damages greatly widely depending on the facts of the case and where the case is filed.

A 68-year-old Maryland man was recently killed in his home when a pick-up truck crashed into his house. The man was sleeping in a chair in his living room when the truck crashed through the house and pushed him through the wall. Before crashing into the house, the pick-up truck veered off the road and struck a utility pole. The police are investigating the accident.

In cases like the one above, either an injured person or his family—if he is killed—can pursue monetary damages by bringing a lawsuit against the person who caused the accident. Every state differs in the total amount of damages a victim can receive, along with the types of damages a jury can award the plaintiff.