Maryland Injury Lawyer Blog

July 16, 2021

CPAP Sleep Apnea Recall Lawsuit

This page is about the CPAP sleep apnea lawsuits, the MDL class action that has already begun, and the possible settlement compensation payouts in these lawsuits. Our CPAP recall attorneys are now reviewing these cases for the impending class action lawsuit throughout the United States. You can get a free no-obligation consultation online right now.

What Is a CPAP?

CPAP is continuous positive airway pressure. the idea behind CPAP is that to prevent throat muscles from collapsing shut, the CPAP gives the patient a continuous airstream into the patient’s lungs.

The CPAP is not giving the patient oxygenation. It just gives pressure to keep the throat muscles open so that when that patient is asleep, muscles that might close off do not close off.

June 29, 2021

Compensation for Killing a Dog in Maryland

by Ronald V. Miller, Jr.

How much money can you get for pain and suffering when someone negligently or intentionally kills your dog? Is it $1.25 million, which is what a jury awarded, or $7,500?

In Anne Arundel County v. Reeves, No. 68 Sept. Term, 2019 (Md. June 7, 2021) the Court of Appeals weighed in on a sad case in which a police officer pointlessly shot and killed a beloved family dog in the front yard of its owners’ house. The dog’s family sued the police officer and the circuit court jury found that the officer was grossly negligent and awarded $1.25 million in damages. The COA vacated that verdict and held that under the applicable statute, pain & suffering damages for the tortious injury of a pet are not allowed. The most the family could recover for the killing of their dog was $7,500 in compensatory damages.

Facts of Anne Arundel County v. Reeves

June 21, 2021

Sepsis and Nursing Home Lawsuits

by Ronald V. Miller, Jr.

Many nursing home patients die of sepsis. Often, this does not result in a nursing home lawsuit because the infection occurred in the absence of negligence from a nursing home. But, too often, sepsis is the result of a bedsore or other preventable condition because of nursing home negligence or neglect. With nursing home sepsis, there are often signs that show an infection if the nursing home staff is paying attention.

Our lawyers handle nursing home sepsis lawsuits where a death occurs because the patient was not properly diagnosed and treated. This page talks about sepsis and the settlement value of sepsis wrongful death nursing home lawsuits.

What Is Sepsis?

June 21, 2021

Zantac Cancer Lawsuit Lawyers

by Ronald V. Miller, Jr.

Our lawyers are investigating Zantac lawsuits in all 50 states. The evidence seems clear to our attorneys that Zantac is causing many types of cancer.

Zantac lawsuits are now consolidated in a class-action federal court in Florida. So if you file a Zantac claim in federal court, your lawsuit will wind up in Florida.

There is a widespread belief among mass tort attorneys that these MDL class action claims could be worth billions of dollars. My guess? Between $5 billion and $10 billion.

June 17, 2021

The Burden of Proof in Civil Lawsuits

by Ronald V. Miller, Jr.

The “burden of proof” is a legal concept that establishes two things:

the party in a dispute obligated to present evidence to support their position; and
how much evidence that party needs to satisfy this obligation.

June 15, 2021

Can I Sue for a Auto Accident If I’m Not Injured?

by Ronald V. Miller, Jr.

The most common question I get from friends and acquaintances is whether you can sue if you are not injured in a car accident? The answer is yes, but with caveats.

Most auto accidents do not result in any physical injuries (75% according to the NHTSA). Even when your vehicle is the only thing that is damaged, you can still file a lawsuit after an auto accident if you were not at fault. This is what is known as a “property damage” auto accident lawsuit. If you file a property damage auto tort case, you can get compensation for the full cost of any damage to your vehicle.

Can I Still Sue If I'm Not Insured in the Auto Accident?

Let’s set aside the property damage because I address that below. The question here is do you have pain and suffering in a car accident where you either had no physical injuries or did not seek medical treatment?

June 9, 2021

Future Damages in Personal Injury Lawsuits

by Ronald V. Miller, Jr.

In a personal injury lawsuit, the amount of money you receive for your injuries is determined by calculating your damages. The idea behind damages in a personal injury case is to make the victim “whole” or restore them to the position they were in before the accident.

The legal concept of damages is broad and it includes costs and expenses that have already been incurred (e.g., medical bills from last month) as well as costs and expenses that will be incurred in the future (e.g., the cost of surgery you will need in three months). These two types of damages are often referred to as “past” and “future” damages.

Past damages, such as prior medical expenses and lost wages, are usually very simple to calculate. Future damages, however, can be much more complicated. Future damages must be supported by opinions from qualified experts, and they often get disputed by the defense. In this post, we will look at the process of estimating and supporting claims for future damages in personal injury cases.

June 2, 2021

Paragard Class Action Lawsuit

by Ronald V. Miller, Jr.

The Paragard IUD is an intrauterine contraceptive device made by Teva Pharmaceuticals. Recently it was discovered that a design defect in the Paragard was causing the IUD device to fracture during removal, leaving shattered pieces floating around inside the uterus. Now hundreds of women who have been harmed by this defect are filing Paragard lawsuits. Earlier this year the Paragard litigation officially rose to “mass tort” status when cases across the U.S. were consolidated into a new Paragard MDL.

In this post, I will try to answer the questions everyone has after a new mass tort MDL is created: Will the litigation be successful, who qualifies as a plaintiff, and how much will cases be worth?

The Paragard IUD

May 28, 2021

3M Earplug Lawsuit Update: $7.1 Million

by Ronald V. Miller, Jr.

[June 23, 2021 — Another huge win on Friday in the 3M earplug lawsuits: a $1.7 million verdict reduced to $1.1 for the victim’s contributory negligence. How 3M avoids meaningful settlement talks now is anyone’s guess.]

[Update: June 10, 2021 — Unfortunately, 3M earplug victims lost the second 3M earplug lawsuit that has gone to trial last week. This was a tinnitus case and a tougher case for the plaintiff. The third trial is underway and the verdict will be incredibly important in determining settlement amounts in the 3M lawsuits.]

[Update: April 30,2021 — 3M Earplug Verdict! A whopping $7.1 million verdict with $2.1 million in punitive damages for each of the three plaintiffs!

May 19, 2021

Hernia Mesh Lawsuit Settlements

by Ronald V. Miller, Jr.

The hernia mesh lawsuits have been litigated for years. For victims seeking settlement compensation, it has been a never-ending road. But with the court bouncing back from COVID, two trials are on the way that could be the bridge to a class action hernia mesh settlement to finally bring victims overdue settlement compensation for the harm done to them.

Over the last decade, countless individuals who underwent hernia repair surgeries subsequently suffered pain and serious injuries caused by a defective hernia mesh implant that was used in their procedure. There are currently thousands of hernia mesh lawsuits currently pending across the country and they have been consolidated into three separate class action MDLs.

Progress in all the hernia mesh class action MDLs got interrupted by the pandemic and resulting court closures. Now things are opening back up and it is shaping up to be an action-packed summer on the hernia mesh litigation front.