May 7, 2019

Five Reasons a Personal Injury Lawyer Won’t Take Your Case

Why can’t you get a lawyer on the phone?

I picked up the phone yesterday from someone I knew did not have a personal injury case. He sent us an online intake weeks ago and was now cycling back to us. This means has called almost every personal injury lawyer in Maryland but did not keep track of who he had contacted.

The reason he did not have a case was that he had a mass tort case in litigation that has long since ended AND he was passed the statute of limitations. I spoke to the guy because he never got a personal injury lawyer on the phone to explain to why no one would take his case. It is confusing. There are million and one lawyers online and elsewhere begging for cases. So this guy was understandably perplexed as to why he could not even get anyone on the phone.

May 1, 2019

Gallagher v Mercy Medical: Court of Appeals Applies “One Satisfaction Rule”

by Ronald V. Miller, Jr.

Gallagher v Mercy Medical, a new malpractice case handed down this week by the Maryland Court of Appeals, is the most recent decision from our high court in which a plaintiff’s medical malpractice claims against Mercy Hospital were barred under the “one satisfaction” rule. This rule makes it tough to bring both an auto tort and a medical malpractice case related to the same accident. If you are handling car accidents cases and there might be a malpractice element to it, you want to read this case (or at least this blog post). The law here his not intuitive because it leads to something the law should not — injustice.

In short, the malpractice claims against Mercy related to treatment for injuries the plaintiff sustained in an auto accident. The plaintiff had already sued the at-fault driver and received settlements from his insurer and a UIM settlement from her own insurance company.

The Court of Appeals held that the settlements from the auto tort action constituted “full satisfaction” for plaintiff’s alleged injuries and, therefore, her subsequent malpractice claims for those injuries were barred by the one satisfaction rule.

March 22, 2019

Anesthesiologist Malpractice Claims in Maryland

by Ronald V. Miller, Jr.

Anesthesia malpractice claims in Maryland have declined. That is right. Something good is happening. Anesthesiologists have gotten better at delivering the appropriate amount of sedation.

Why have they gotten better? I would say malpractice lawsuits. Anesthesiologists were forced to improve because their malpractice premiums were through the roof. Today, they do not even rank in the top 10 specialties.

Still, there are too many mistakes that anesthesiologists make that cause patients injury and death.

March 19, 2019

Uber and Lyft Accident Claims

by Ronald V. Miller, Jr.

Uber and Lyft are the new on-demand transportation (or “rideshare”) companies that have revolutionized the for-hire and taxi transportation business in the last few years. Users download the Uber or Lyft app to their mobile phone and setup an account with a credit card for payment. Once setup, users can request a ride pick-up from their phone to which nearby Uber or Lyft drivers in the area respond. The apps allow riders to track the driver and process payment electronically.

Lyft and Uber are relatively new companies but they have exploded in popularity over the last 5 years. My sister is in Kenya right now and she is traveling around by Uber. Lyft, Uber’s kid brother, is about to go public and make their founders and estimated $9.4 bazillion. Car accidents involving Lyft or Uber drivers are becoming more and more common and these cars flood our roads.

Claims Against Lyft or Uber

March 11, 2019

Ravens’ Parade Trampling Case Reversed by Court of Special Appeals

by Ronald V. Miller, Jr.

I’m also fired up for a new year of appellate opinions. Something about having a new year on a case that just seems exciting to me. (In an unrelated note, I have four kids and few hobbies.) But there have been few tort related appellate opinions this year to get me fired up.

Anyway, the Maryland Court of Appeals recently decided a Sutton-Witherspoon v. S.A.F.E Management, a case that is factually interesting to almost all of us in Baltimore.

Facts of Case: An Out-of-Control Victory Parade

February 5, 2019

Zostavax Lawsuit February 2019 Update: Federal Court Trials on Tap

by Ronald V. Miller, Jr.

Zostavax Trials Set for 2020

U.S. District Judge Harvey Bartle of the Eastern District of Pennsylvania has selected the initial “bellwether” cases in the Zostavax MDL. The bellwether Zostavax cases will be grouped into two categories and prepared for five proposed trial dates that will take place between fall 2020 and summer 2021.

You never know how mass tort cases are going to go. But I do think the Zostavax cases might be ripe for settlement long before these cases ever go to trial.

January 28, 2019

Armacost v. Davis: A Practical Decision on Trial Management

by Ronald V. Miller, Jr.

In Armacost v. Davis, the first appellate tort opinion in Maryland in 2019, the Maryland Court of Appeals was asked to examine whether a trial court’s instructions to the jury were inappropriate and prejudicial in a medical malpractice case alleging negligence after a four-level cervical discectomy and fusion surgery performed by the defendant left the victim with claims of permanent injury. The Maryland high court ultimately held that:

1) The trial court did not mislead the jury as to the applicable law by first giving them general negligence instructions before instructing jurors on the standard of care applicable to the defendant brain surgeon’s actions.

2) The trial court did not abuse its discretion by telling jurors how much longer they would be required to deliberate after they had previously expressed concerns over the length of the trial.

January 6, 2019

Value of Cervical Herniated Disc Cases in Maryland, Virginia, and Washington D.C.

by Ronald V. Miller, Jr.

How much are cervical herniated disc cases worth?

Metro Verdicts Monthly’s graph in this month’s issue is median settlements and verdicts in cervical (neck) herniated disc cases in Maryland, Washington, D.C, and Virginia. The median cervical herniated disc case in Maryland is $40,000. The Washington D.C. and Virginia medians are $50,000 and $36,000, respectively.

Settlement Values Vary Wildly

January 5, 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

Car accident claims are about money. That’s it. The car accident lawyer’s goal has to be to maximize the amount of money the client can put in their pocket. There is no reason to run from this. Our civil justice system is based on the payment of money compensation to balance out the harm that was caused. The point is that you want a law firm that has the goal of getting you as much money as possible and has a history of doing it for their clients.

December 21, 2018

Settlement Value of Headaches in Personal Injury Cases

by Ronald V. Miller, Jr.

What is the value of head injury cases?

I’m fortunate in that I don’t get many headaches, a blessing I attribute to good hydration and genetic good fortune. On the rare occasion that I do get them, they are debilitating. It is hard to enjoy much of anything in life when you have anything north of a mild headache.

Juries struggle with figuring out how to value personal injury cases when the primary injury is a head injury that caused — and may be continuing to cause — headaches.