Maryland Injury Lawyer Blog

November 14, 2019

Choudhry v. Fowlkes: Recovery of Economic Damages for Loss of Household Services

The Maryland Court of Special Appeals decision last week, in Choudhry v. Fowlkes 2019 WL 5677904 (Md. App., Nov. 1, 2019) is probably the most significant new development in Maryland personal injury law in 2019. Choudhry articulates a new 3-part rule for when plaintiffs in wrongful death cases can recover economic damages for loss of “household services.”

I love this case because it is a virtual treatise about how to put together a loss of household services case in Maryland. I don’t love the case because I think it raises the bar higher for making such a claim than most Maryland Circuit Court judges have been applying.

Loss of Household Services

October 21, 2019

Shoulder Dystocia Bench Trial Verdict | $5.7 Million

by Ronald V. Miller, Jr.

Last week, I summarized a recent bench trial in a birth injury case. I find these bench trial decisions to be extremely useful and informative. They provide a unique perspective on what facts and testimony really matter in a birth injury case. In a jury trial, you just get a verdict. You do not get any meaningful explanation as to what mattered and why. Appellate opinions focus on the law and not so much on the resolution of factual issues. These bench trial decisions are like detailed case studies that allow us to see how the facts were presented by each side, how the expert testimony was weighed, and exactly how the fact-finder reached their decision.

So I looked for another birth injury case with the judge as the decider of fact. I found Coleman v. United States, 200 F. Supp. 3d 1350 (M.D. Ga. 2016), another Memorandum Decision from a birth injury bench trial in federal court.

The plaintiffs filed suit on behalf of themselves and their injured child, J.D. The healthcare providers involved in this birth injury case were employees of a federally funded health clinic in Albany Georgia. The federal government assumes liability for malpractice claims against federally funded clinics, so the United States was the named defendant.

October 17, 2019

Zantac Cancer Lawsuits

by Ronald V. Miller, Jr.

Our lawyers are now investigating Zantac cancer lawsuits. There is a widespread belief amount mass tort attorneys that these MDL class action claims could be worth billions of dollars. So many people are using this drug. And it may be that Zantac is causing many different types of cancer.

Zantac is a hugely popular drug that is used by millions of people in the U.S. to treat heartburn, acid reflux and similar conditions. In September 2019, the Food and Drug Administration (FDA) announcing that dangerously high levels of a human carcinogen called NDMA have been found in Zantac.

October 16, 2019

Recent Birth Injury Bench Trial | $8 Million Verdict

by Ronald V. Miller, Jr.

This week I was reading through recent appellate decisions from birth injury cases across the country and I came across a unique written decision from the federal court in Chicago in Zhao v. United States 2019 WL 3956412 (S.D. Ill. 2019).

This was a fairly typical birth injury case in which the baby suffered nerve damage due to a failure to diagnose fetal macrosomia and the mishandling of shoulder dystocia during delivery. What makes this case somewhat unique is that unlike most birth injury cases that get tried by juries, this case was resolved with a bench trial in the U.S. District Court for the Southern District of Illinois (because it was against the United States in this case).

At the end of the trial, the judge awarded the plaintiff $8.2 million in damages, but more importantly he wrote a very detailed Memorandum and Order basically analyzing the entire case.

October 14, 2019

Juul Vaping Lawsuits | Do You Need a Lawyer?

by Ronald V. Miller, Jr.

Juul is facing lawsuits on multiple fronts. Our lawyers are focusing on vaping injury and vaping addition cases in young people who plaintiffs’ lawyers argue were targeted by Juul.

There is a vaping crisis in the country that snuck up on everyone. There are stories every week about the growing number of vaping-related illnesses and injuries appearing at hospitals. According to a recent Washington Post article, there are now 18 reported deaths related to a mysterious vaping illness, along with over 1,000 other possible cases of vaping-related injuries. It may well be that many of these specific cases have little to do with Juul. But this crisis has everyone taking a close look at Juul.

Click to enlarge

October 1, 2019

3M Earplug Lawyers | December 2019 Lawsuit Update

by Ronald V. Miller, Jr.

Our injury lawyers are handling 3M combat arms earplug cases around the country. If you have a claim anywhere in the country, we will evaluate your case at no cost to you.

Our law firm has represented many wonderful people over the years. As a class, these are the best plaintiffs you could ever find. These are the people who put their lives on the line to protect us. Our lawyers think we owe them great thanks. We also think 3M owes them a great deal of money for the injuries they have suffered.

This page provides a December 2019 update to the 3M Combat Arms earplug litigation that already has thousands of lawsuits. These MDL class action suits allege that our soldiers were falsely promised the Combat Arms earplugs would protect their ears from dangerous impulse noises. That is bad enough. But the lawsuits go further. They alleged that internal testing that revealed these promises were simply not true. Yet they buried this information. As a result, too many of our soldiers suffered significant hearing loss and tinnitus.

September 30, 2019

Maryland Cerebral Palsy Lawsuits

by Ronald V. Miller, Jr.

My firm handles birth injury malpractice cases. We have cases all over the country. Cerebral palsy is one of the most serious types of injuries we see in these cases. If you are a birth injury lawyer and you do not get emotionally invested in cerebral palsy cases, you do not have a pulse. Even defense lawyers who would shoot a puppy to get some minuscule evidentiary advantage at trial, usually have great empathy for the child and the family even if we disagree about why the injury occurred.

Cerebral palsy is a permanent physical and often cognitive disability in which the brain cannot control parts of the body. Cerebral palsy is not a disease. It is a static injury to the brain that occurs during childbirth or pregnancy. It is a non-progressive motor impairment that does not get better or worse over time. (Although some children who are diagnosed with cerebral palsy have seen that diagnosis change before age 5.)

September 18, 2019

Maryland’s Red Flag Law

by Ronald V. Miller, Jr.

I usually do not write about legal issues that do not relate to personal injury cases. But Maryland’s red flag law has gotten so much attention and there is SO MUCH incorrect information out there, I feel like writing a post about it.

Reaction to the seemingly endless stream of mass shootings across the country has generated unprecedented political pressure for gun control laws. Last year, Maryland became one of a handful of states that responded to this pressure by enacting new laws aimed at curbing random gun violence.

Last September the Maryland legislature passed a new type of gun control law which is commonly known as a “red flag” law. Maryland’s red flag law was signed by Governor Hogan took effect on October 1, 2018. Maryland’s red flag law is one of the toughest in the nation and one of the most frequently invoked.

September 3, 2019

Delmarva Shorebirds and the Local Govt Tort Claims Act

by Ronald V. Miller, Jr.

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.

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.