Maryland Accident Law Blog

Personal Injury Lawsuit Claims Victoria’s Secret Bras Caused Hives, Rashes, and Permanent Scars

November 24, 2008 | Lebowitz & Mzhen

Personal injury lawyers for a woman who is suing Victoria’s Secret for injuries she says she suffered from using the brand’s Very Sexy Extreme Me Push-Up and Angels Secret Embrace bras say that tests they ordered show that bras from those lines contain formaldehyde, which is used in embalming. They think that their client, Roberta Ritter, is allergic to the chemical.

Ritter, who sued the company in May, says she sustained itchy, inflamed, and blistery welts after using the bras. Since then, dozens of other woman have come forward claiming that they experienced the same injuries after using the Victoria’s Secret bras. At least two other products liability lawsuits have been filed. Class action status is pending.

The bras have not been pulled off store shelves, but a spokesperson for Victoria’s Secret says the company is investigating the complaints. Victoria’s Secret denies that any of their bras contain formaldehyde.

Maryland Woman Dies After State Trooper Hits Her Car, Pushing the Vehicle into a Tractor-Trailer

November 22, 2008 | Lebowitz & Mzhen

A Delmar woman died in Dorchester County on Friday evening after the car she was riding in was pushed into the back of a tractor-trailer by a Maryland state trooper’s car on Eastbound Route 50. Kristin Underkoffler was taken to Dorchester General Hospital where she was pronounced dead.

The 34-year-old driver was sitting in traffic in her 2008 Hyundai when Trooper First Class Paul Zimmerman’s patrol car slid on a patch of ice and struck her vehicle. Zimmerman’s sirens and emergency lights were activated as he headed to an accident scene at the Vienna Bridge.

Underkoffler’s car rotated clockwise before hitting the tractor-trailer’s rear. Zimmeran’s vehicle also struck the truck, but he only sustained minor injuries. He got out of his car to assist Underkoffler until emergency workers arrived at the auto crash scene.

The tractor-trailer driver was not hurt. The Maryland State Police says they still do not know what speed Zimmerman was driving when the crash happened, but a complete investigation is under way. Several other motor vehicle crashes had occurred that day because of ice on the roads.

Speeding and driver distraction are two of the leading causes of United States traffic accidents, and it is the responsibility of all motorists, including working police officers, to make sure that they do not endanger other motorists and pedestrians. Failure to obey the rules of the road and pay attention to pedestrians and other drivers can be grounds for a personal injury claim or wrongful death lawsuit if someone gets hurt or dies.

According to the National Highway Traffic Safety Administration, 314 people died during police chases in 1998. 2 victims were cops, 198 victims were the objects of pursuit, and 114 victims were not directly involved in the police chase.

Md. state police: Woman dies in crash with trooper, Examiner.com, November 22, 2008
Delmar woman dies after state trooper strikes her idling car, Baltimore Sun, November 22, 2008
High-speed police pursuits: dangers, dynamics, and risk reduction, Bnet.com, July 22, 2002

Related Web Resources:

Maryland State Police

Car & Driving Safety Tips, Nationwide.com

Maryland Family Awarded $5.8 Million for Dermatology Malpractice Leading to Man’s Skin Cancer Death

November 19, 2008 | Lebowitz & Mzhen

In Maryland, a Montgomery County Circuit Court jury has ordered the practice of Silver Springs Dermatologist Dr. Norman Ansel Lokshin to pay the surviving family members of Richard Semsker $5.8 million for dermatology malpractice.

Semsker died of skin cancer in October 2007. The Rockville resident had sought treatment from Dr. Lockshin’s practice. According to his family’s Maryland wrongful death lawsuit, Dr. Lokshin first detected a mole on Semsker’s lower back during a 1998 checkup. Lokshin contacted Semsker’s primary care physician, Dr. Lawrence Marcus, and recommended that the mole be removed. The mole was not removed.

In 2004, Semsker went back to Dr. Lokshin’s practice and was seen by Dr. Michael Albert, who was working at the practice part-time. Dr. Albert recommended that an atypical mole and two cysts be removed from Semsker’s upper back. However, he recommended that the same mole that Lokshin first detected on Albert’s back six years ago only be monitored because he believed that it wasn’t cancerous. Albert had just started working at the dermatology practice and he didn’t know that the mole had grown twice in size.

Maryland Woman Who Suffered Catastrophic Injuries During Pedestrian Accident in Baltimore County Work Zone Will Receive $250,000 in Damages

November 17, 2008 | Lebowitz & Mzhen

In Baltimore County Circuit Court, Judge Susan Souder awarded Sandra Lee Meade $250,000 for personal injuries she sustained in a pedestrian accident in an Arbutus traffic construction zone more than 5 years ago. The amount is part of a high-low agreement made between Meade and general contractor Dick Corp, with a “low” of $250,000 and a “high” of $2 million.

Meade sustained traumatic brain and spinal cord injuries after she was hit by a car while crossing Westland Boulevard, which was undergoing construction, on December 3, 2003. She now lives in a Maryland nursing home.

While police placed the fault for the pedestrian accident with Meade for crossing the street illegally—she tried crossing the street diagonally to catch the bus to work—Meade’s Maryland car accident lawyer accused Dick Corp. of failing to put in place a maintenance of traffic plan. He noted the “willy-nilly” placement of barricades and lines that were incorrectly painted on the road.

Deadly Maryland Car Crash Could Have Been Prevented if Police Had Arrested the Driver for Leaving Another Accident Scene Less than Two Hours Prior

November 13, 2008 | Lebowitz & Mzhen

A Maryland car crash that led to the deaths of Katherine Brady and her son Wilson in Harford County last Friday could have been prevented if police had arrested the driver accused of causing the accident for fleeing the scene of another motor vehicle collision less than two hours prior, reports the Baltimore Sun.

While police maintain that they acted appropriately when they issued Christopher Lentz a summons after he failed to stop at the scene of the first auto crash he was involved in that day (leaving a traffic crash scene is not a mandatory arrestable offense in Maryland), others are questioning why he wasn’t arrested.

The first auto accident took place on Route 152 in Joppa at around 3:30pm when Lentz allegedly drove across the center line and struck a minivan. Seven children who were in the minivan at the time of the traffic crash were transported to a hospital for evaluation.

The 37-year-old Glen Arm motorist then reportedly kept driving for half a mile until his vehicle became disabled. Police charged him with failure to stop at an accident scene, failure to drive right of center, failure to provide the other motorist with insurance information, and failure to control the speed of his car to avoid a crash.

Some 90 minutes later, Lentz, who was driving another motor vehicle, crashed a 2004 Jeep Cherokee SUV head-on into a mini-van on the Bel Air Bypass. Katherine Brady and Wilson, 8, died in the accident. Her husband Stephen, 2-year-old son Ian, another motorist, and Lentz were taken to hospitals for treatment of their injuries.

Lentz has a record of previous driving offenses. He has been issued a number of speeding tickets and his license has been revoked once and suspended at least twice. Thirteen years ago, he was convicted for driving under the influence.

Police say that they will likely charge Lentz for his involvement in the second crash.

Driver could have been arrested before fatal crash, Baltimore Sun, November 13, 2008
Maryland Mother and Her Son Are Killed and Four Others Are Injured in Multi-Vehicle Crash on Bel Air Bypass in Harford County, Lebowitz & Mzhen, November 9, 2008

Related Web Resources

Wrongful Death, Justia

Maryland Mother and Her Son Are Killed and Four Others Are Injured in Multi-Vehicle Crash on Bel-Air Bypass in Harford County

November 9, 2008 | Lebowitz & Mzhen

A deadly multi-vehicle accident in Maryland on the Bel Air Bypass in Harford County on Friday afternoon has left two people dead and four others injured. Maryland State Police have identified the deceased as Perry Hall resident Katherine S. Brady and her 8-year-old son Wilson.

Katherine and Wilson were riding in a minivan with her husband Stephen and their other son, 2-year-old Ian, when their vehicle was hit head-on by a Jeep. While Katherine and Wilson were pronounced dead at the crash site on US 1, north of the Vale Road overpass, Stephen, who had been driving the Saturn Relay minivan, was transported by medevac to Maryland Shock Trauma Center where he was admitted in critical condition. Ian was flown to Johns Hopkins Children’s Center, where he was treated and later released.

Police say that the driver of the Jeep Cherokee, Glen Arm resident Christopher Lentz, was driving on the should of the road when he lost control of the vehicle, crossed over the median, and crashed into the minivan before also striking a 2004 Ford van.

Lentz was flown to Maryland Shock Trauma for treatment of his injuries. The driver of the Ford was admitted to Johns Hopkins Bayview Medical Center where, on Friday, he was listed in good condition.

Maryland State Police say they plan to press charges against Lentz for his involvement in causing the deadly auto crash on the bypass. Residents that live near the Bel-Air Bypass have called the road “risky.” Last year, one person died and another sustained injuries in another head-on crash on the bypass.

Charges likely in fatal crash, Baltimore Sun, November 9, 2008
2 die, 4 hurt in rush-hour crash on Bel Air Bypass, Baltimore Sun, November 7, 2008

Related Web Resources:

Motor Vehicle Related-Injuries, CDC
National Highway Traffic Safety Administration

Supreme Court Hears Arguments in Drug Litigation Lawsuit Pitting Wyeth Against Woman Who Lost Her Arm After Taking Anti-Nausea Drug Phenergan

November 7, 2008 | Lebowitz & Mzhen

This week, the US Supreme Court heard arguments in a drug litigation lawsuit pitting a musician, whose arm was amputated after she was given an anti-nausea drug, and drug maker Wyeth. Diane Levine’s arm had to be removed after a physician’s assistant accidentally injected the anti-nausea drug Phenergan into her artery in April 2000. She was administered the drug at a clinic where she was treated for migraine headaches.

Levine sued the clinic, the supervising physician, and the physician’s assistant who injected the drug into her artery for medical malpractice and settled with all parties out of court. She sued Wyeth for its alleged failure to warn clinicians that they should use the safer IV drip, instead of the intravenous “push” method, to administer to Phenergan to her.

A civil jury awarded Levine $7.4 million million, and a judge reduced the amount to $6.7 million. The Vermont Supreme Court upheld the verdict.

Maryland Dog Bites off Part of Anne Arundel County Police Officer’s Ear

November 3, 2008 | Lebowitz & Mzhen

In Maryland, an Anne Arundel County cop lost part of his ear on Thursday when he bitten by a neighbor’s dog. Officer Michael McDermott, who was off-duty, was rescuing the dog when the unfortunate incident happened.

McDermott had pulled the dog out from under a fallen tree when it slipped its snout from from a makeshift muzzle and bit off part of the police officer’s ear. The dog died soon after of its injuries. McDermott was treated for his injuries at Anne Arundel Medical Center.

According for the Centers for Disease Control and Prevention, over 4.7 million people are the victims of dog attacks each year, with nearly 800,000 of these bites serious enough to require medical care. 368,000 people a year will visit a hospital emergency room for treatment of injuries sustained in a dog attack or mauling.

Examples of serious dog bite injuries:

• Facial disfigurement
• Severed limbs
• Internal injuries
• Mental or emotional trauma
• Death

Depending on the victim’s injuries, reconstructive surgery and other painful procedures may be warranted. The victim may also have to undergo additional trauma, such as having to go out in public with a disfigured face or other severe scars that may not fully heal.

In Maryland, dog owners can be held liable for personal injury caused by their pets. However, the degree to which the owner knew or should have known that a dog could hurt someone is a factor in determining whether reasonable care was exercised to prevent the pet from causing injury.

Arundel officer loses part of ear to dog he pulled from under tree, Baltimore Sun, October 31, 2008

Related Web Resources:

Cat and Dog Bites, Family Doctor.org
Dog Bite Liability, Insurance Information Institute

Family of Maryland Wrongful Death Victim Calls on Governor O’Malley to Suspend State Police Trooper Involved in Deadly 2006 Traffic Crash

October 29, 2008 | Lebowitz & Mzhen

The family of Randy Rakes, a Finksburg man who died in 2006 in a Maryland motor vehicle crash involving a State Police trooper car on Md. 140, is calling on Maryland Governor Martin O’Malley to remove trooper Dale Derr from the force. Their demand comes following a confrontation between Derr and Rakes’s half-brother, Joseph Blizzard, earlier this month.

According to the Rakes family’s Maryland wrongful death lawyer, other troopers had detained Blizzard in Carroll County on October 12 when Derr arrived at the scene and verbally and physically assaulted him before throwing him to the ground, allegedly causing the suspect to break his thumb. Blizzard was arrested over allegations of check forgery.

Police say they are investigating the allegations against Derr. The Rakes family wants him suspended from the force pending the probe’s outcome.

Lexington Park Couple Dies in Maryland Motorcycle Accident

October 28, 2008 | Lebowitz & Mzhen

Maryland State Police are investigating a deadly motor vehicle crash in St. Mary’s County that left a newlywed couple dead. Phillip Brian Natalie died at the crash scene, while his wife, Jessica Laurel Natalie, was pronounced dead at St. Mary’s hospital following the crash. Jessica and Laurel, who were both 26, were married this summer.

The collision took place at the intersections of Crimson Drive and Willows Road. Police reports indicate that the Maryland motor vehicle collision happened after a Toyota Camry, driven by 25-year-old Lateesha Shonte Cooper, made a left turn and drove into the path of the motorcycle that the couple was riding. Cooper, who is also a Lexington Park resident, was treated at a hospital for her injuries and later released.

According to Lt. Michael Thompson, preliminary findings made it appear to him as if the motorcycle was trying to avoid Cooper’s car. He noted the possibility that Cooper might have failed to yield the right of way.

Maryland State Police records show that there were 96 motorcycle deaths in Maryland in 2007. Police say that although only 2% of all registered motor vehicles in Maryland are motorcycles, these vehicles were involved in 16% of the state’s deadly traffic collisions. While Maryland motorcyclists are responsible for 50% of these auto accidents, the other 50% of traffic crashes are caused by other motorists.

2007 NHTSA US Motorcycle Crash Statistics:

• 5,154 motorcyclists died.
• 103,000 others were injured.
• 1,784 lives were saved because of helmet use.
• 2,332 two-vehicle crashes involved collisions between a motorcycle and another vehicle.

• 25% of all motorcycles involved in deadly accidents were in collisions with fixed objects.

Lex. Park Couple Killed in Motorcycle Crash, Southern Maryland Online, October 20, 2008
2 killed in crash with car, Southern Maryland Newspapers, October 15, 2008

Related Web Resource:

Motorcycle Traffic Safety Fact Sheet, NHTSA