September 3, 2019

Delmarva Shorebirds and the Local Govt Tort Claims Act

I love minor league baseball games. I’ve been to a few Delmarva Shorebirds games. It really is a fun environment.

One thing I really like? Any kid that really wants a baseball is going to get one at the game one way or another. The Frederick Keys, Bowie Baysox, and the Aberdeen Iron Birds (I’m told, I have not seen an Iron Birds game but the stadium is awesome).

There is an interesting lawsuit in Wicomico County involving Jared Breen, a little known former minor league prospect of the Baltimore Orioles. He is suing the Delmarva Shorebirds and Wicomico County after his career was cut short by a collision with an unpadded wall. The Orioles drafted Breen in the 24^th round of the 2013 Major League Baseball draft. After being drafted, Breen began his minor league career playing shortstop for the Delmarva Shorebirds.

September 1, 2019

Combat Earplug Lawyers | September 2019 Lawsuit Update

by Ronald V. Miller, Jr.

Our injury lawyers are handling combat arms earplug cases around the country. If you have a claim, we will evaluate your case at no cost to you.

When most people think about injuries or harm caused by defective products, things like asbestos insulation and power saws with no finger guard usually come to mind. Few people would ever think some as innocuous as small foam earplugs could cause permanent, life-altering injury. But this is exactly what happened to thousands of former military service members, law enforcement officers and others who worked around loud sounds.

3M’s Combat Arms Earplugs May Have Been Defective

August 28, 2019

Roundup Cancer Lawsuits (August 2019 Update)

by Ronald V. Miller, Jr.

Monsanto Roundup weed killer lawsuits are the biggest mass tort in the country. Lawyers everywhere are looking for potential victims. Our law firm is no exception. Stunning verdicts and talk of a settlement in excess of $8 have poured even more gasoline on the fire. What are these cases about and what can we expect moving forward?

The Crux of the Roundup Litigation

A key ingredient in Roundup, glyphosate, has been associated with several cancers, including non-Hodgkin’s lymphoma, hairy cell leukemia, and multiple myeloma.

August 20, 2019

New Maryland Gross Negligence Opinion | Paramedic Malpractice

by Ronald V. Miller, Jr.

In Stracke v. Butler the Maryland Court of Appeals ruled that a pair of ambulance paramedics from the Baltimore City Fire Department were immune from liability because their actions in transporting a man to the hospital were not “grossly negligent.”

This case involves the scope of immunity provided by the Maryland Fire & Rescue Company Act, Maryland Code, Courts & Judicial Proceedings § 5-604 and its applicability to employees Baltimore City Fire Department employees who treated the patient that ultimately died.

I don’t like the gross negligence law we have in Maryland. I think § 5-604 is well-intended but ultimately foolish. But I have a hard time arguing that the court did not follow Maryland law.

August 9, 2019

New Maryland Asbestos Appellate Decision

by Ronald V. Miller, Jr.

Last month, Maryland’s Court of Appeals upheld a $7 million verdict to the plaintiff in an asbestos case even though there was no direct evidence that the defendants had installed the asbestos products at issue. In Wallace & Gale Asbestos Settlement Trust v. Busch, a 6-1 majority held that direct evidence of exposure to a specific defendant’s asbestos products is not necessary. Rather, a defendant’s liability for asbestos exposure can be based on circumstantial evidence and reasonable inferences.

Facts of the Case

The underlying facts are fairly typical of most asbestos cases these days. The plaintiff (70-years-old at the time of trial) worked for 30 years as an HVAC technician. He primarily installed thermostats, sensors, and temperature control systems. The plaintiff himself never directly worked with asbestos, but he was sometimes around other people who were using asbestos.

August 8, 2019

Xeljanz Blood Clot Lawsuits

by Ronald V. Miller, Jr.

A mass tort that has been getting a lot of attention from lawyers around the country in recent weeks is Xeljanz blood clot lawsuits.

Xeljanz now has a boxed warning, the FDA’s most severe safety warning, for DVT and pulmonary embolisms.

These conditions can be fatal. This is a big deal for Pfizer’s blockbuster drug.

August 8, 2019

Saints Fan’s Lawsuit Over Referee’s Blown Call

by Ronald V. Miller, Jr.

This is a rare post that does not involve a personal injury case. I’m writing this case because it has a real impact on how people view the civil justice system which has a real impact on my clients.

The 2018 NFC Championship

Even a casual football fan remembers the controversy surrounding this year’s NFC championship game between the New Orleans Saints and the Los Angeles Rams. The Saints were on the verge of sealing a victory in the closing minutes when the referees fail to call a blatant pass interference penalty on the Rams. I was watching the game with my family rooting for the Rams and I still thought the call was ridiculous.

July 17, 2019

Judge Rejects Gilead’s Motion to Dismiss in HIV Drug Lawsuit

by Ronald V. Miller, Jr.

A lawsuit against Gilead Sciences, a prominent drug company known for its HIV medications, has been allowed to continue in federal court after the company filed a motion to dismiss the claims. Although the ruling did dismiss some claims against the biopharma giant, it allowed all the core causes of action to continue making the decision a decisive victory for the plaintiffs. There is still a long way to go but these cases may have legs that could take the plaintiffs to victories at trial and ultimately a global settlement for all the victims.

The legal allegations against Gilead involve the company’s groundbreaking prescription drugs used for the treatment of HIV. In 2001, Gilead developed and released a first of its kind drug, tenofovir disoproxil fumarate (TDF) under the brand name Viread. TDF is a unique antiretroviral medicine that works by blocking an enzyme that the HIV virus cells use to replicate and multiply. By preventing the virus cells from replicating, Viread and Gilead’s other TDF drugs effectively stop HIV from growing and progressing into AIDS.

Gilead’s TDF drugs (Viread, Atripla, Complera, Stribild) literally changed the treatment landscape for HIV patients. TDF made living long term with HIV a possibility and was being taken every day by hundreds of thousands of patients across the country. You have to give Gilead a ton of credit for this. They saved lives and a lot of them.

June 17, 2019

Five Things to Look for in Picking a Maryland Auto Accident Lawyer

by Ronald V. Miller, Jr.

Becoming the victim of an auto accident can have a profound effect on your life. Even though an accident can happen in the span of a few seconds, it can result in death or injuries and hardships that last months, years, or a lifetime. With that in mind, victims of auto accidents should seek an attorney to ensure that they are compensated for their injuries and/or losses. However, not every attorney is qualified to handle every case. Clients should ensure that they receive the representation that they deserve.

Here are five things to consider when hiring a Maryland car accident attorney:

History of Results

June 17, 2019

How to Break Up With a Personal Injury Client

by Ronald V. Miller, Jr.

Breaking up with a client is something all personal injury attorneys do on a fairly regular basis. A lot of cases look promising. But an investigation and review of the medical records can sometimes paint a very different picture. This is particularly true in medical malpractice cases where the medical records read very differently from what the patient remembers or believes.

For the most part, lawyers are free, as the client is, to sever the attorney-client relationship. If you have already filed a lawsuit for the client, things are a bit more complication because you will need to get court permission withdrawing from the case. Before a case is actually filed, however, breaking up is a lot easier.

Maryland Ethical Rules