Articles Posted in Uncategorized

Published on:

police brutality pg countyIn Maryland, a wrongful death lawsuit can be brought by a family member of someone who was negligently killed.  The law firm of Miller & Zois, LLC has over 100 years of combined experience handling wrongful death claims in Baltimore where our law offices are based.  Our firm also covers all of Maryland and travels and tries cases in every county in our state. We have a history of success in these cases and a willingness to fight to the end to get you the compensation that you deserve for your loss.  Call my law firm today at 800-553-8082 or get a free, no obligation on-line consultation.

Maximizing the Amount of Compensation

When you lost someone you love, there is no about of money that can get you what you really want  — your loved one back.  The only thing the legal system can do is give you money to compensate you for your loss.  At Miller & Zois, our mission is to get you as much money as possible for your wrongful death case in a settlement or a verdict.  Our goal is not to get you a lot of money, not to do the best we can.  No. Our goal is to leverage the law and the facts to get you as much money as humanly possible.

Continue reading →

Published on:

scheduleScheduling depositions in car accident lawsuits usually is not a complex thing. You call the other side, you agree on dates, and you have your depositions. The key is cooperation. Rather than unilaterally serving a deposition notice, you just call opposing counsel and agree to the place, date, and time. There are rarely issues.

For some reason, and I’m not entirely sure why, scheduling depositions in medical malpractice cases always seems to be an ordeal. Common courtesies that I’m sure many Maryland malpractice lawyers accord each other in the rest of our lives sometimes go out the window. Sometimes, it seems like otherwise ethical lawyers have no qualms about making up excuses for why they or the deponents cannot attend a deposition that are not based in fact. Often, you can figure this out when you depose the witness. Continue reading →

Published on:

skypeMaryland courtrooms are slow keeping up with the times.  This is not an altogether bad thing.  What happens in the courtroom matters and we should probably let society work out the kinks of technology and understand all of the potential unintended consequences before our judicial system leaps into the next big thing.

That said, geez.  It is 2014.  Can we get wi-fi in the courtrooms?  I can’t even get my phone on the Internet in some courthouses, like P.G. County Circuit Court  not to name any names.  We can e-file pleadings in federal court now and will be able to in state court at some point.  But we are about 15 years behind the curve.  Let’s not let the world get a full generation lead in technology over our courts.

One of the big issues that is increasingly getting attention is witnesses testifying at trial without actually showing up at trial.  Skype is the primary method that gets talked about, probably because its low cost makes it the most desirable.

Continue reading →

Published on:

Tiger Woods "easy" back surgery hurts some tort victims

Tiger Woods “easy” back surgery hurts some tort victims

Tiger Woods announced today that he has undergone successful back surgery and expects to be back playing golf this summer.  Good for him. This is bad news for golf fans who passionately root for or against Tiger.  But it is also bad for personal injury victims who are bringing a back injury claim in front of a jury.  Why?  Because juries get constant evidence from athletes that back injuries and back surgery is not a big deal.  Some will equate Tiger Woods to 58 year-old Mary Smith when she has a discectomy and fusion for a herniated disc after a car accident.

Why Tiger’s Surgery and Expected Recovery Misleads Juries

There are a number of reasons why the comparison is unfair.  First, not all back injuries are created the same.  Tiger had a microdiscectomy for a pinched nerve.  That is light years from, say, a herniated disc suffered by great trauma.  But some jurors view back surgery as back surgery regardless of the severity of the injury. Second, Tiger is a professional athlete who dedicates his life to keeping his body in the best possible shape.  Tiger won’t even share his workout secrets.   He will also get stunning medical care.  The best doctors and ridiculous amounts of medical attention you and I would never see. Finally, Tiger’s getting surgery in the first place is probably something you and I never would have gotten in the first place.  Why?  First, we are not violently swinging a golf club at pretty much the speed of light.   So I can probably still workout and work around the same injury that Tiger needs to get taken care of so he can perform on a world class level. Continue reading →

Published on:

Maryland appellate opinionsMark Mixter and James Farmer are two Maryland tort lawyers that just don’t like each other.   There are lots of attorneys that don’t like each other.   Lawyers are probably more confrontational and competitive than your average bear.  If you doubt this premise, go watch a lawyers’ league softball game.   So add this natural tendency with the intensity of litigation and people are going to find reasons to get upset unless you are ultra thick skinned.  (One resolution of mine in 2014 is to develop some thicker skin all the way around.)

When these two lawyers fight, it goes deeper and litigation apparently follows.  The Maryland Court of Special Appeals recently  affirmed the dismissed defamation, libel, slander and intentional inflection of emotional distress claim that one had filed against the other.  You can find the opinion in Mixter v. Farmer here if you are interested.  Something about someone writing a letter to other lawyers saying disparaging things or something.   I started to read – mostly out of prurient interest – but I realized I must have something better to do.  (So I wrote this point instead?)

This is apparently the second case between these attorneys that has found its way to the Maryland Court of Special Appeals.   The last one involved a case that settled but one of lawyers became so mad that he sought and received a sanctions order against the other.   The appellate court reversed the order of sanctions.  So a whole lot of trees were burned and blood pressure was raised in a battle over a little more than $3,000.

I’m not real judgmental about this kind of stuff.   You rarely know what really happened in these battles and, typically, but not always, it takes two to tango.  The line between fighting for a principle and merely acting out of spite can sometimes be a fine and blurry line.  But it is such a waste of energy and resources for talented lawyers to spend their time sniping at each other, or worse, this.  Every time I want to start World War III over something that is ultimately stupid, I go home and kiss my wife and kids and get perspective on what really matters.

Published on:

There have been some interesting developments in the da Vinci Surgical Robot litigation.

da Vinci Class Action Lawsuit Update

We reported last year on the efforts of some plaintiffs’ lawyers to combine existing and future da Vinci lawsuits into a type of class action lawsuit known as an MDL. An MDL groups similar cases together in federal courts for convenience and efficiency. Those cases would be handled by one judge and would have consistent general discovery, but would then have individual trials unless there was some sort of global da Vinci settlement. Well, the petition for MDL-2381, In Re: Intuitive Surgical, Inc., Da Vinci Robotic Surgical System Products Liability Litigation was denied on August 3, 2012. The original petition included four cases spread out over four states. The JPML denied the petition we think correctly, noting that the cases were “straightforward personal injury or wrongful death actions.” Essentially, there were very few cases, and those cases would rely on largely unique and individual facts that were better suited to a standard and stand-alone lawsuit. The plaintiffs would have had a better chance (though not a great chance) if they had argued for consolidation of specific subsets of injuries—for example, hysterectomies. However, the reports thus far indicate that there are several different causes of injury, even for hysterectomy procedures. This was the right decision.

Victim Stories

NBC recently aired a report featuring the stories of many victims of the da Vinci. Click here for the eye-opening broadcast.

Intuitive Surgical Wins the First Trial

The maker of the da Vinci robot won the first reported trial. Filed in Washington state, the plaintiffs argued that Intuitive negligently trained a doctor who used the robot to perform a prostatectomy (removal of the prostate gland). The surgery caused kidney failure, brain damage, and eventual death. However, the device’s manufacturer was able to successfully argue at the five-week trial that the doctor was solely at fault. Though unsuccessful against the manufacturer, the case settled against the doctor before trial. Continue reading →

Published on:

Another new Maryland lead paint decision

The Maryland Court of Special Appeals reversed a $5.1 million (reduced to $1.25 million by the cap) lead paint verdict in a 91 page opinion written by Judge Shirley M. Watts.

The first 58 pages of this opinion are facts. But there are two real issues: (1) did plaintiff’s expert, a pediatrician, have the necessary qualifications to render the opinions that the lead exposure at defendant’s property caused the brain injuries alleged in this case, and (2) did the trial court properly sanction the defendant and his lawyer for alleged willful discovery violations.

I don’t care much about the latter issue because I’m just not a big fan of monetary sanctions against counsel. I’m real interested in sanctions like spoliation instructions and other sanctions that actually give a tactical advantage. But the retail value of the paper used demanding monetary sanctions is greater than the actual amount of sanctions against counsel that have been awarded and paid. The issue in this case is interesting – the opinion breaks down in painful detail – but it is ultimately as useful to me as my recollection of the Baltimore Orioles 1979 batting order. (I do, however, recommend reading the details about these sanctions for the entertainment value. I’m amazed that Judge Watts did not even comment in an off-hand way about the trial court’s findings of extreme discovery violations. I would not have the same discipline.)

So on to the real issue: the qualification of the expert. The court found that even though the pediatrician was a licensed doctor and all, he really was not qualified or even prepared to render an opinion in this case. He had limited experience in treating kids with lead paint poisoning, never evaluating or diagnosing children with lead exposure or even following the progress of kids with lead exposure. In fact, he did not even recall treating a child for lead poisoning. His qualifications, distilled down to their essence, appear to be that he is a pediatrician who keeps up with the medical literature. Continue reading →

Published on:

We have the technology to essentially create bone. Just extremely cool. Drug and medical device companies come up with some unbelievable stuff that have really changed the world. Most of these companies are doing great work. Admittedly, I just focus on the negative. But it is worth nothing that most of these companies have changed the world and decreased human suffering. That is great thing.

But…. there is a but. Bone grafts, as cool as they are, have to be done right or the cure is going to be worse than the original problem. Medtronic is a company that, in my opinion, has a history of taking shortcuts that hurt patients. Most prolifically in recent years was the way they botched their defibrillator leads. The cases would have been worth billions but the Supreme Court completely bailed them out with an awful preemption ruling. Continue reading →

Published on:

Our firm just got a huge 2-1 win in the Maryland Court of Special Appeals today in Buckley v. Brethren Mutual.

The plaintiff’s lawyer in this case, who later referred the case to us, settled the underlying tort claim against the at fault driver for $100,000. She had the client execute a general release that did not mention any exclusion for the underinsured motorist claim. Everyone agreed that the claim was worth more than the $300,000 UM limits but Brethren Mutual – I would argue – really tried to hose their insured in a way that I don’t think the likes of State Farm, Allstate, and their brethren (get it? Brethren?) never would. The trial court granted Brethren’s motion for summary judgment. The Maryland Court of Special Appeals reversed.

I’ll try to break down the entire case later, hopefully tomorrow. Meanwhile congratulations to us, especially our client, Rod Gaston who handled the case, and John Bratt who wrote a great brief for us.

You can find the opinion here.

Published on:

Starting Monday, the ridiculous pass that mopeds and scooters in Maryland have been given on the most basic safety precautions will end. Moped and scooter drivers now must equip their death traps by wearing a helmet and some kind of eye protection. Scooter drivers must also register their vehicles and have a valid drivers’ license or a moped/scooter permit.

Maryland was one of the few remaining states that did not require a license, registration, and insurance for mopeds (or mo-peds? I can’t decide).

It seems just insane to me that drivers of motor scooters and mopeds – who otherwise are required to follow the same laws as bicyclist – were not required to wear a safety helmet. I have to admit, I just learned this fact today. I also wonder how many of the scooters and mopeds were used as an end-run around the driver losing his license after a DWI? I think technically the law was that you were precluded from driving a moped if you were under 16 or your license was invalid. But, if you don’t need a license to drive one, who is really going to hold anyone’s feet to the fire on that? Anyway, that is all water under the bridge. Maryland has now moved into 2012.