Maryland Accident Law Blog

Family Wins $6.5 Million Birthing Malpractice Settlement for Son’s Brain Injury

January 17, 2009 | Lebowitz & Mzhen

The family of a 7-year-old boy who suffers from cerebral palsy because of a brain injury he allegedly sustained during his birth will receive a $6.5 million medical malpractice settlement. Roberto Morales Jr. was born at Provena Mercy Medical Center on April 7, 2001.

According to the family’s medical malpractice lawyers, the boy’s attending obstetrician and labor and delivery nurse were negligent when they allegedly failed to respond fast enough to his decreasing heart rate and reduced oxygen flow after his mother was administered the drug Pitocin. Following his birth, Morales was flown to Advocate Lutheran General Hospital, where he stayed for a month. The medical malpractice defendants were Provena Medical Center, Dreyer Medical Group Ltd, Dreyer Clinic Inc., Advocate Health Care Network, and obstetrician Judson Jones.

Birthing Malpractice

$3 Million Maryland Bus Accident Lawsuit Filed Against Cecil County Board of Education

January 15, 2009 | Lebowitz & Mzhen

A woman who was injured in a Maryland school bus accident in 2006 is suing the Cecil County Board of Education, school bus company owner Daniel W. Wagner, Sr., and school bus driver Thelma Ann Delp for personal injury. On March 6, 2006, Rachel Marie Couch, then 18, was driving a 1991 For Bronco on Maryland Route 272 when she was struck by a school bus driven by Delp.

Couch says she suffered mental trauma and sustained serious, extremely painful, and permanent injuries to her body, including head injuries, neck injuries, back injuries, and limb injuries because of the accident. She had to be flown by state police chopper to the Maryland Shock Trauma Center.

There were no students on the bus, which was traveling to Rising Sun High School at the time of the auto crash. Maryland State Police say the bus had stopped at a red blinking light in one of the lanes on Route 272 when she made a left turn and broadsided Couch’s SUV. Couch says there are skid marks on the road that show she tried to avoid the bus. Delp says she didn’t see any cars on the road as she was making her turn.

Media reports indicate that the bus-SUV crash is not the first auto accident to occur at the intersection. Critics say one reason is that there has been some confusion surrounding a traffic light at Route 272 and Tiger Drive.

School Bus Accidents

School buses are common carriers whose drivers owe other motorists and pedestrians a greater duty of care to safety than other drivers. School bus passengers and others on the road can be prone to serious injuries during a traffic accident. Most large school buses do not come installed with seat belts, which makes its passengers more prone to serious injury. The size of large school buses make them a dangerous moving object in crashes with smaller vehicles, such as cars, SUV’s, and motorcycles, as well as pedestrians.

Woman here files $3M suit over crash, Lancaster Online, January 15, 2009
Related Web Resources:

School-Transportation Related Crashes, NHTSA (PDF)

Cecil County Board of Education

National Safety Council calls for nationwide ban on cell phone use while driving

January 13, 2009 | Lebowitz & Mzhen

The National Safety Council wants all US states to ban motorists from using cell phones while driving. NSC CEO and President Janet Froetscher noted that talking on the phone while driving increases a driver’s chances of becoming involved in an auto crash by four times more than if he or she were driving without using one.

Currently, six US states have laws banning the use of hand held cell phones while driving:

• District of Columbia
• Washington
• California
• Utah
• New Jersey
• Connecticut

Seven US States have a ban on text messaging while driving:

• District of Columbia
• Connecticut
• Alaska
• New Jersey
• Washington State
• Minnesota
• Louisiana

While some localities within US states that do not have statewide bans have imposed their own cell phone restrictions, including bans on hand-held phones and text messaging and bans affecting teen drivers and school bus drivers, the states of Kentucky, Florida, Nevada, Louisiana, Oregon, Mississippi, Utah, and Louisiana prohibit their localities from imposing any such bans.

The NSC is quick to point out that just because someone is using a hands-free phone does not mean that he or she is now operating the vehicle safely. According to a Harvard Center of Risk Analysis 2003 study, cell-phone use while driving is a contributing factor in 6% of auto accidents each year. Some 2,600 deaths and 330,000 injuries result from such collisions.

According to a Nationwide Insurance public opinion poll, 81% of US drivers use a cell phone when driving. Froetscher notes that cellular phone use while driving is more dangerous than talking to a passenger who is in the same vehicle. While talking to a real person makes the driver aware that lives are at stake if he or she doesn’t drive safely, talking on the cell phone places the motorist’s attention not on the road and in the present moment but elsewhere.

In addition to pushing for a change in current driving laws, the NSC is advocating more education about the dangers that come from driving with a cell phone, as well as better training.

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org, January 12, 2009
Safety council urges ban on cell phone use while driving, CNN.com, January 12, 2009

Related Web Resources:

Maryland Cell Phone Law, DMV.org
Washington D.C. Hands-Free Law, Driving Laws.org
Cell Phone Driving Laws, Governors Highway Safety Association

Study Shows Scheduling Early Caesarean Births for Convenience Can Increase Complication Risks

January 8, 2009 | Lebowitz & Mzhen

A new study sponsored by the National Institute of Child Health and Human Development reveals that scheduling C-section deliveries for the sake of convenience can increase the risks of babies being born with serious complications. The study, in Thursday’s The New England Journal of Medicine, is the first-large scale examination of the dangers that can arise.

A closer look at over 24,000 full term babies showed that newborns delivered at 37 weeks via elective repeat Caesarean birth were two times more likely as babies born at the recommended 39 weeks of experiencing bloodstream infections, breathing issues, and other complications. Newborns born at 38 weeks had a 50% greater chance of suffering from such complications than babies born at 39 weeks.

Health authorities have expressed concern about the increase in C-section births in the US, which are reportedly at an all-time high. Over 1/3rd of US deliveries are Caesarean births. Different experts have attributed causes for this increase to different reasons. While a C-section birth may be the safest method of delivery for certain newborns and their mothers, there are pregnant women who elect to undergo the procedure for personal reasons. For example, a mother may be ready for the pregnancy to be over or a certain date for delivery may be more convenient than another birth date.

According to the study’s findings:

• Out of the 24,077 repeat Caesarean births between 1999 and 2002, 13,258 of these deliveries were elective, which means there were no medical reason why the C-section deliveries were performed.

• Over 15% of babies that were delivered at 37 weeks experienced health complications, including low blood sugar, breathing difficulties, infections, or other medical issues requiring intensive care.

• 11% of babies delivered at 38 weeks also experienced health complications.

The American College of Obstetricians and Gynecologists recommends that elective repeat C-sections take place no sooner than when the baby is 39 weeks old to make sure it is fully developed.

Birthing Malpractice

It is the job of your ob/gyn, surgeon, primary care physician or any other medical professional charged with your care during your pregnancy and delivery to make sure that you get the best medical attention and advice possible. When failure to provide these duties of care leads to birthing injuries or other complications, you may have grounds to fie a Maryland malpractice malpractice lawsuit.

Study: Early Caesarean Sections Raise Risk of Complications, Washington Post, January 7, 2009
Study: Elective C-section babies born before 39th week face risks, CNN, January 27, 2008

Related Web Resources:

The New England Journal of Medicine

National Institute of Child Health and Human Development

Prince George’s County Officer Sued for Wrongful Death Following Deadly Maryland Car Crash Will Not Be Prosecuted for Vehicular Manslaughter

January 6, 2009 | Lebowitz & Mzhen

In Maryland, the State’s Attorney for Prince George’s County says that police officer Mario Chavez will not be prosecuted for vehicular manslaughter in the Maryland car accident death of Brian Gray. The 20-year-old Bowie resident died in December 2007 when his vehicle was struck by the police car driven by Chavez, who did receive a speeding ticket for his role in the auto crash.

A police probe placed responsibility for the traffic collision on both Chavez and Gray. Their investigation concluded that Chavez was speeding, driving 50mph in a 20mph area zone, and that Gray, who was coming out of an intersection, pulled out in front of the police officer’s vehicle.

During his deposition, Chavez, 30, said he consumed several drinks the night before the deadly car accident and spent the night at a friend’s house. He was returning home to get ready for work when the auto crash happened early the next morning. Following the fatal motor vehicle collision, Gray’s family sued Prince George’s County and Chavez for wrongful death. They are seeking $2 million.

Maryland Board of Public Works to Pay $500,000 Settlement for Wrongful Death of Prisoner Pepper Sprayed by Police

January 2, 2009 | Lebowitz & Mzhen

In Maryland, the Board of Public Works has approved a $500,000 wrongful death settlement for the family of Ifeanyi A. Iko, an inmate who died in 2004 after being subdued with pepper spray at the Western Correctional Institution. According to the state medical examiner, his cause of death was homicide due to the “chemical irritation of the airways by pepper spray,” the use of a mask on the 51-year-old prisoner’s face, and the manner in which he was restrained.

The Nigerian immigrant was found asphyxiated following an altercation with police when he was removed from his cell, handcuffed at the wrists and ankles, put in a spit-protection mask, and sprayed with pepper. Other prisoners who saw the incident say that prison guards severely beat Iko and used three cans of pepper spray on him.

While an Allegany County grand jury did not indict the correctional officers involved in the pepper spray incident, the prison’s lead investigator in the case has admitted that key evidence, such as wet clothing and video footage, were not preserved. Also, two months after Iko died, the state prison commissioner issued stricter guidelines on pepper spray use. Now, officers need a warden or assistant warden to approve the use of the spray and anytime the spray is used, a full report must be prepared within 24 hours.

Maryland Receives B- Rating for Medical Emergency Care and is Ranked #4 Nationally

December 29, 2008 | Lebowitz & Mzhen

American College of Emergency Physicians has issued a report ranking Maryland #4 in the US for emergency care. While the state was awarded points for injury prevention and disaster preparedness, as well as an A for quality and providing a safe environment for patients and a B for injury prevention and public health, Maryland received a D – for its medical liability environment and a C- for emergency care access. The state’s average grade for medical emergency services was a B -, the same grade it received in 2006.

Grades were calculated based on data provided by each state. Washington DC, which also received a B-, was ranked second. Overall, the US received a C-. 90% of US states received failing or mediocre grades.

In Maryland, the ACEP found that crowded hospitals, coupled with not enough inpatient beds, was a problem. Also, there are not enough medical specialists in the state who can offer on-call emergency care. The report also found that Maryland did not enact adequate medical liability reform and that liability premiums and average malpractice damage amounts are above average.

The ACEP lauded Maryland for its emergency preparedness and its outreach to special needs groups. Another report by Trust for America’s Health and the Robert Wood Johnson Foundation gave Maryland a 5 out of 10 for its emergency preparedness during a disaster. Their report found that Maryland had failed to limit the liability of emergency health workers or maintain funding.

US Emergency Rooms

According to a recent USA Today article, not enough specialists, long waits, and overcrowding are some of the problems affecting emergency rooms in the United States. Recent emergency room facts:

– 56 minutes is the average wait time.
– There were 119 million hospital visits in 2006.

– 1 out of 5 Americans visited an emergency room in 2005.

US states, as well as medical facilities, hospitals, ER’s, doctors, nurses, medical specialists, and other providers of emergency care are supposed to provide the proper care to all patients. When failure to provide that care results in injuries or deaths, the responsible parties can be held liable for medical malpractice, personal injury, or wrongful death.

Md. Emergency Care Ranks Fourth in National Study, Southern Maryland Online, December 9, 2008
U.S. emergency rooms find ways to fix what ails them, USA Today, December 14, 2008

Related Web Resources:

American College of Emergency Physicians

Trust for America’s Health

Court of Appeals of Maryland to Hear Lead-Paint Lawsuit

December 24, 2008 | Lebowitz & Mzhen

This year, the Court of Appeals of Maryland will hear Kelly v. N.B.S. Inc., a lead-paint lawsuit involving serious injuries to a now 13-year-old girl. In 2007, a Baltimore jury issued a Maryland personal injury verdict ordering the family’s landlord to pay the family of Kelly Green $2.3 million. Because of the state’s non-economic damages statutory cap, however, the judge that presided over the premises liability trial lowered the award to $515,000.

The case continues a years-long battle over the legitimacy of Maryland’s cap, which is $710,000 for claims filed after October 1, 2008. Claims filed before then have a non-economic damages cap of $695,000. Also at issue is whether the cap is preventing children who are seriously injured because of exposure to lead paint from recovering more compensation.

For example, in 2006, two children who experienced lead poisoning were awarded $7 million by a jury. Due to the non-economic damages cap, that part was lowered to $700,000. In 2003, a jury awarded two other kids $2.2 million for non-economic damages, which were also reduced because of the Maryland cap.

Kelly v. N.B.S. Inc.

In this latest case, Celestine Green was pregnant with Kelly when she moved into a residence on Montpelier street beginning January 1995. As a young child, Kelly would eat chips of lead paint off her home’s walls.

At 10 months, Kelly’s lead level was already just one unit below the Centers for Disease Control and Prevention’s “action level” of 10. In December 2006, her lead level readings registered at 12 and 15.

Kelly’s family claims that the girl has physical and mental impairments, as well as a decreased IQ, because of her exposure to lead paint. There is also the chance that if she has kids, they could be poisoned by the lead in her body.

Lead Paint Exposure

Exposure to lead paint can lead to serious injuries if the paint is ingested. Kids are not only susceptible to lead paint that can be found on older structures, but high levels of lead were recently discovered in many consumer products, including furniture and toys. Millions of toys and other products with high levels of lead have been recalled to prevent kids from becoming the victims of lead poisoning.

Lead-paint case the latest battleground in war over limit on non-economic damages, Maryland Daily Record, December 21, 2008
Related Web Resources:

Court of Appeals of Maryland

Lead Poisoning in Children, Family Doctor
Consumer Product Safety Commission

Anne Arundel County Settles Maryland Wrongful Death Lawsuit with Family of Naked Glen Burnie Man Shot by Police Officer

December 21, 2008 | Lebowitz & Mzhen

Anne Arundel County has agreed to pay $90,000 to settle the Maryland wrongful death lawsuit filed by the family of Donald Coates. The 20-year-old was shot dead by Anne Arundel County Police Officer Tommy Pleasant in 2005.

Earlier this year, Coates’s family members filed federal and state lawsuits seeking millions of dollars in damages. They claimed that Pleasant, who was a rookie and had been patrolling solo for just a month when the incident happened, acted wrongfully when he shot Coates, who was naked and unarmed at the time.

The shooting incident occurred on May 24, 2005. According to witnesses, Coates had called 911 while he was smoking marijuana in his home. He claimed that someone was trying to kill him. He then fired several shots before leaving the premise.

Maryland Boy is Almost Strangled to Death by Seat Belt

December 17, 2008 | Lebowitz & Mzhen

A 5-year-old Maryland boy sustained critical injuries after the seat belt he was using got caught around his neck. The incident occurred in Prince George’s County on I-95 at around 6p on Monday evening. The child, DeAndre Harris, is in very serious condition at the Children’s National Medical Center in Washington DC.

A Maryland State Police trooper arrived at the scene after DeAndre’s mother, Yuko Harris, contacted 911. The trooper used a knife to cut the seat belt and administered CPR to DeAndre, who did not have a pulse. His heart started beating again while he was being transported to Laurel Hospital. He was later flow to the District.

Maryland State Police have impounded Harris’s vehicle, a Honda CRV. They do not know how the seat belt became wrapped around the 5-year-old’s neck to cut off his circulation. Although DeAndre is just 5, he was not sitting in a booster seat, which is required for kids under age 8 when riding in motor vehicles.

Seat Belt Injuries

Seat belts are supposed to keep a vehicle occupant securely fastened in the event of an auto crash. While seat belt injuries can occur as a result of user error, there are those injuries that can arise because of a defect in the seat belt’s design or an error that occurred during manufacturing. Such defects can pose a serious injury hazard during a motor vehicle crash and be grounds for a products liability claim or wrongful death lawsuit.

Examples of seat belt defects include:

• Latching defects
• Broken or cracked buckle release buttons
• Too much seat belt slack
• Webbing defects
• Skip lock defects

Seat belts can pose a strangulation hazard if used incorrectly or made defectively.

Boy, 5, is critical after seat belt cuts off breathing, Baltimore Sun, December 16, 2008
Boy, 5, Riding With Family on I-95 Is Critically Injured by Seat Belt, Washington Post, December 7, 2008

Related Web Resource:

Maryland’s Child Passenger Safety Laws, Maryland State Highway Administration