Ron Miller is an attorney who focuses on serious injury and wrongful death cases involving motor vehicle collisions, medical malpractice, and products and premises liability. If you are looking for a Maryland personal injury attorney for your case, call him today at 800-553-8082.

Two weeks ago in Esteppe v. Balt. City Police Dept., (No. 47, Sept. Term 2020) (Sept. 1, 2021) the Maryland Court of Appeals held that a police department was not responsible for a judgment against a corrupt police detective simply because his unlawful arrest was done for personal reasons and, thus, outside the scope of his employment.

Summary of Esteppe v. Baltimore City Police

David Esteppe, a resident of Baltimore City, was going through a bad breakup back in 2012. In an effort to get back at Mr. Esteppe, his jilted ex-girlfriend enlisted the help of her childhood friend Adam Lewellen who was a Baltimore City Police Detective. To appease the ex-girlfriend, Detective Lewellen committed perjury to obtain a bogus warrant to search Mr. Esteppe’s house and pursued a false criminal prosecution of Mr. Esteppe.

Elmiron eye damage and vision loss lawsuits are now in an MDL class action lawsuit that houses all of the federal court Elmiron lawsuits in the country.  Our lawyers are seeking new victims to represent. The first trial in the MDL class action is now set for January 2022.

We believe these class action eye damage lawsuits will ultimately result in large settlements and, just as important, a new and strong warning that lets doctors and patients know of the risks of Elmiron.  Our Elmiron lawyers are handling these cases throughout the country.

So law firm is reviewing Elmiron vision loss lawsuits.  There are not a ton of cases out there.  But I think this will be the next big mass tort claim and I think it will lead to a class action settlement that gives victims a great deal of compensation. This is national litigation and our law firm is reviewing these cases in every state in the United States. If you have a claim, call our lawyers at 800-553-8082.  You can also reach out to me online.  There is no cost or fee unless our law firm gets a recovery for you.

This page is about the 3M earplug lawsuit.  If you are a plaintiff in these lawsuits, you want to know when the 3M lawsuit will be settled, what the individual settlement amounts might be, and get the latest update in the class action.  I start with the latest 3M earplug lawsuit update and then get into the rest.

I update this page frequently.  The last update was on September 10, 2021.

[September 8, 2021 — The next trial is in less than three weeks.  Hopefully, this will drive more seriousness from 3M to resolve these lawsuits and pay the victims what they deserve.  The MDL class action judge is now putting on more pressure to set more trial dates and get cases ready to go to trial.  This puts pressure on all the lawyers but especially the 3M lawyers.]

In this post, I will explain how to go about checking to see if a particular doctor has ever been sued for medical malpractice or had a malpractice claim filed against them.

A lot of prospective patients want to know about prior malpractice suits when they are shopping for a new doctor. Others become interested in a medical practitioner’s prior malpractice history after they have a bad experience and are considering whether to pursue their own medical malpractice lawsuit.

Before we get into the nuts and bolts of checking out a doctor’s malpractice history, I feel obligated to offer at least a little cautionary wisdom. Just because a doctor has previously been sued for medical malpractice does not mean that they are a bad doctor. The simple reason for this is that medical malpractice lawsuits are common.

Our lawyers are investigating Zantac lawsuits in all 50 states.

The evidence is clear to our attorneys that Zantac is causing many types of cancer.  This page is about these suits and my prediction on the future of this litigation and what settlement amounts might look like for victims.  I am providing regular Zantac lawsuit updates in this space.  The last update was on September 7, 2021.

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.

On this page, we will look at medical malpractice cases involving misdiagnosis or delay in diagnosis of bowel cancer. We will examine the typical allegations of medical negligence in these cases and what their average settlement compensation value is.

About Bowel Cancer

Bowel cancer is a general term for cancer that originates in the large bowel. The large bowel (large intestine) includes both the colon and rectum which together form the last part of the human digestive system. The bowel plays a key role in final waste removal from the body by turning liquified food waste from the small intestine into solid waste. It is basically like the body’s trash compactor.

Medical malpractice lawsuits are high-stakes personal injury cases that routinely result in multi-million-dollar settlements and verdicts. These cases come in various types (such as misdiagnosis and surgical error) and each category of malpractice tends to occupy its own place on the average settlement value spectrum. For instance, surgical malpractice cases have a higher average value compared to cancer misdiagnosis or nursing home malpractice cases.

Birth injury cases have the highest average value of any type of medical malpractice case. Nationally, the average settlement and/or verdict in a birth injury case is roughly 20-30% higher than the average payout in all other types of medical malpractice cases. In Maryland, this gap is even bigger with birth injury cases having an average value close to 50% higher than other malpractice cases.

In this post, we will explain the driving factors that give birth injury cases such high values. We will also look at sample settlements and verdicts from actual birth injury cases around the country to illustrate how these factors actually work.

Miller & Zois has never advertised on television or even thought about it.

I’m not on a high horse.  I’ve never looked down personal injury lawyers who advertise on television.  I’ve always found it annoying when people do.  Everyone is doing their own thing.  It is pretty amazing how many different paths personal injury lawyers can take to make a living.  There is no one way to do this thing.

Overidenifying as a Lawyer

I think I have a good handle on the settlement value of ankle fracture cases.  My law firm has handled many foot and ankle injury cases over the years.  My first foot and ankle case was 17 years ago when I sued the New England Patriots and their team doctors that ultimately settled. I probably met with a half dozen of the best foot and ankle surgeons in the country in connection with that case.

Since then, Miller & Zois has handled scores of foot and ankle injury cases and procured millions of dollars for our clients in these cases. My last ankle injury verdict was in Prince George’s County was the 6th biggest verdict that year, according to Washingtonian Magazine.  (Here is a video providing the story of that case.)   

I’m not trying to brag. My point is we know the science of these cases. We know how to maximize the settlement and trial value of these claims.

What Is the Average Compensation for an Average Ankle Injury Settlement?

What kind of success are other lawyers having in fracture ankle cases? Apparently, they are having very little success. The median settlement values for ankle fracture injuries are:

District of Columbia $66,000
Virginia $21,700
Maryland $88,000
Our law firm has successfully handled scores of foot and ankle serious injury accident cases. If you want someone to fight for you, lawyers that know these cases, call 800-553-8082 or get a free Internet consultation.

It is amazing how low these are.  These are from a few years ago. But I think the number has not changed in 2021.  Sure, some ankle fractures can be treated with conservative care if the fracture displacement is two millimeters or fewer or if there is no talar shift.  But I can’t imagine getting less than six figures in the vast majority of these cases.  I don’t know how much insurance policy limits came into play in these cases. 

Either way, these compensation payout numbers are just way too low. The loss of enjoyment of life and emotional distress from these injuries are often extreme even before we talk about how painful they are. One problem is not distinguishing between a good result and a good outcome for the patient.  

A good result for an orthopedic surgeon is a good-looking x-ray.  The fracture is healed, mobility is good and the ankle joint is where it’s supposed to be. But you can have a good x-ray and still have a permanent injury, particularly when there is hardware is keeping the broken ankle together. 

How Much Should I Settle for a Broken Ankle with Surgery?

I know I wrote the question. But I hate the question. There are so many variables – that I lay out below – that drive settlement compensation payouts. There is no way to put a settlement amount on a case with such a vague description.

Value of ankle injuries

Two Take-Homes from These Ankle Settlement Statistics

Two more points of interest in this data. First, don’t get a broken ankle fracture in Virginia. It is amazing to me how low these Virginia verdicts are. I have to think this data is screwed up in some way.

Second, it is interesting that Maryland ankle fracture verdicts are 33% higher than Washington, D.C. verdicts, given that the Maryland median was much less than Washington, D.C. for both fractured shoulder and rotator cuff verdicts. ankle fracture valueThe Federal Tort Claims Act News wrote an article about how Jury Verdict Research Case Evaluation Software was predicting the value of claims in a particular slip and fall case with an ankle fracture. In this case, the jury predicted a probable verdict of $117,600 with only a 33% chance of success on liability (maybe a tough slip and fall case on liability).  

I just struggle to see how a case with a good fracture could be valued so low. As a point of comparison, it provided the following JVR nationwide analysis of ankle injuries:

Award Median $91,925
Probability Range $40,000 – $248,223
Award Range $1 – $5,250,804

  One more point: median settlement values are the midpoint of the data, not the average. So included in the math are many awful cases that probably never should have been filed in the first place. So why not just quote the average? Well, the high range of these ankle verdicts is $5,250,804. That also distorts the statistics. The take-home message: settlement and verdict statistics are invariably misleading.

What Are the 21 Factors That Impact Your Ankle Injury Settlement?

These are 21 factors that drive the trial and settlement value of your ankle fracture case:

  1. Surgery
  2. Surgery with internal fixation (hardware)
  3. Open reduction surgery
  4. Complex fracture
  5. Displace bone
  6. Continued ankle swelling (synovitis)
  7. Synovitis with chondral changes
  8. Signs of arthritic changes
  9. Arthrofibrosis
  10. Chondral injuries
  11. Loose bodies
  12. Nerve Damage
  13. An ankle replacement
  14. Walking with a limp
  15. Non-weight bearing ankle
  16. High past and future medical bills
  17. Permanent ligament or tendon damage
  18. A crush injury
  19. Ankle ligament damage
  20. Permanent instability
  21. Amputation

All these factors lead to the question of how is the ankle injury permanent and, if so, how severe is the permanency. The types of cases that do not do as well are preexisting ankle injury cases and soft tissue injury cases where there is no objective finding on a diagnostic test.

ankle fracture statistics

Click to enlarge

Are There Sample Verdicts and Settlements in Ankle Injury Cases to Compare My Case?

Below is another path to look at the settlement value of ankle injury cases: sample verdicts and settlements. I think these are helpful.

But please remember that no two cases are alike and you cannot figure out the value of your case just by comparing your case with a similar case. No two cases are the same and someone’s verdict is just a poor predictor of what the outcome in your case will be. Certainly, along with other tools, it sheds light on the settlement value of your case. No question. But you just cannot put too much into it.

Also, remember these are not workers’ compensation cases but third-party ankle injury cases.  The average payout for a workers’ comp ankle injury claim will be less

YEAR / STATE

CASE / INJURY SUMMARY

RESULT

2021 – Louisiana

A 58-year-old man walked with his bike. He was struck by a truck that ran over his ankle. The man suffered an ankle fracture. Two months later, he underwent an ankle repair that included the placement of screws. The man alleged negligence against the truck driver. He claimed he negligently drove against traffic. Following a bench trial, the jury awarded the man a $50,000 verdict.

$50,000 – Bench Verdict

2021 – Missouri

A woman tripped on concrete rebar in her apartment’s parking lot. She suffered a right ankle fracture. The woman underwent ankle surgery. She developed complex regional pain syndrome. The woman alleged negligence against the apartment owners. She claimed they failed to inspect for dangerous conditions and properly maintain the premises. This case settled for $615,000.

$615,000 – Settlement

2021 – New York

A man tripped on a sidewalk. He sustained a dislocated ankle fracture. Nine days later, the man underwent an open reduction internal fixation procedure. He subsequently underwent physical therapy for 12 months. The man now used a cane for prolonged walking. He alleged negligence against the City of New York. The man claimed it failed to maintain safe premises and address the defective sidewalk. This case settled for $925,000.

$925,000 – Settlement

2021 – Connecticut

A 61-year-old man casino patron walked along a concourse. He slipped and fell. The man fractured his left ankle and tore his right meniscus. He also suffered the aggravation of his pre-existing lumbar, thoracic, and left ankle injuries. The man underwent an open reduction internal fixation procedure. He also underwent physical therapy. The man experienced residual pain. He also found it difficult to walk and stand for extended periods. The man could no longer work as a dentist. He alleged negligence against the casino. He claimed it failed to clean up a liquid substance and warn patrons of the dangerous condition. This case settled for $1,325,000.

$1,325,000 – Settlement

2021 – Virginia

An 18-year-old passenger was ejected from a vehicle that struck an embankment. He suffered right ankle and thoracic fractures. The man alleged negligence against his driver. He claimed he excessively sped and failed to control his vehicle. This case settled for $437,500.

$437,500 – Settlement

2021 – Missouri

A woman was sideswiped. She suffered ankle, wrist, and rib fractures and head, elbow, and knee lacerations. The woman alleged negligence against the at-fault driver. She claimed he made a negligently left turn and failed to maintain an appropriate lookout. This case settled for $775,000.

$775,000 – Settlement

2020 – Missouri

A woman broke her ankle after slipping and falling on an icy patch in a department store’s parking lot. A sub-contractor plowed around the parking lot but piled snow around the front of the store. The temperatures were chilly enough for icy patches to appear. Doctors performed open reduction and fixation surgery on the woman’s broken ankle. The case settled for $225,000.

$225,000 – Settlement

2020 – Washington

A 29-year-old petroleum inspector was gauging a barge at a refinery. After doing so, he crossed a gangway and fell to the hard surface below. He suffered a herniated disc and ankle, foot, and neck injuries. The man sued the barge’s owner for negligence. He also claimed that he lost his job because of his injuries. The jury awarded him $266,500.

$266,500 – Verdict

2020 – Florida

The 56-year-old bank manager fell as she exited a mixed-use building. She suffered an ankle fracture. The woman underwent multiple surgical procedures and months of physical therapy to treat her injuries. She sued the premise’s owner for negligently creating dangerous conditions. The jury assigned 90 percent liability to the premise’s owner and 10 percent liability to the woman. They determined that the damages totaled $720,000, but the woman could only recover $648,000 based on comparative negligence.

$720,000 – Verdict

2020 – Virginia

A passenger was injured after the vehicle they were in went off-road and struck an illegally parked tractor-trailer. They suffered fractures to their sternum, ribs, and ankle. The passenger sued both their driver and the trucker.  They received a $1,980,000 settlement.

$1,980,000 – Settlement

2019 – Pennsylvania

Our lawyers see a lot of ankle injuries in nursing homes.  Here, a woman’s foot became wedged under the bed, causing a fracture that required an ankle fusion.  She went through all of this while in the nursing home because she was recovering from a stroke.

$475,000 – Verdict

2018 – New York

A 69-year-old woman contended that her landlord would not fix her shower, requiring her to leave a drain uncovered.  She fell on the drain and suffered a bimalleolar ankle fracture, which is a tough ankle injury that often causes the victim permanent problems.  An angry jury awarded $2.4 million.

$2,400,000 – Verdict

2014 – Maryland

The plaintiff was driving on a two-lane road when another car hit him head-on. He suffered a comminuted ankle fracture because of the crash. The plaintiff had to have two screws permanently implanted in his leg and developed a permanent limp because of his injuries. The jury awarded him $96,789.  This is one of those cases I’m talking about, right?  A permanent limp is only worth $96,000?

$96,789 – Verdict

2014 – Pennslyvania

As the plaintiff was exiting her apartment when she slipped and fell on icy steps. She sued the property owner, claiming that they negligently maintained the steps by failing to remove snow and freezing rain. The plaintiff alleged that the defendants failed to inspect the property over the previous night, which led to the hazardous condition. She suffered an ankle fracture, which required the implementation of screws in her ankle, leading to arthritis. She also alleged that her ability to stand was compromised.

$847,362 – Verdict

2014 – Pennslyvania

The plaintiff was crossing a street at a crosswalk when she stepped in an uneven asphalt patch. This caused her ankle to roll, leading to a fracture. She sued the city, alleging that they failed to maintain a dangerous condition. She had to receive surgery, where two screws were implanted in her ankle. The plaintiff had to undergo physical therapy and claimed that she suffers pain and swelling during prolonged periods of standing. The defense claimed that the alleged injuries were fully healed. Still, the parties reached a pretrial settlement.

$225,000 – Settlement

2014 – Virginia

The plaintiff was a 59-year-old shipyard worker who slipped and fell on a patch of black ice while taking his car in for service. He sued the dealership, alleging that they failed to maintain a lesser-used sidewalk and that they knew that it commonly iced over. He suffered an ankle fracture and claimed that the injury aggravated a pre-existing back injury. He had to receive surgery to repair his ankle and additional surgery to alleviate back pain. The defendants claimed that he had previously inquired about the back surgery prior to the fall. The jury awarded him $2,000,000.

$2,000,000 – Verdict

2013 – Maryland

When the plaintiff was inside a Taco Bell restaurant, a fight ensued, and the plaintiff was struck in the face by an employee. He fell backward in the fight, which caused his ankle to become fractured. He had to receive two surgeries to fix his ankle and developed an infection. Additionally, he claimed that he had limited mobility in his ankle. The insurance company contended that he provoked the fight. The jury awarded him $260,506.

$260,506 – Verdict

2010 – North Carolina

The plaintiff was interested in purchasing a new boat. While on a demonstration with a boat salesman, the boat hit choppy waters causing the plaintiff to be thrown up and down in the boat. He fractured both ankles, one of which required surgery. The plaintiff claimed that the defendant was operating the boat at unsafe speeds given the choppiness of the water. He sued the boat operator and the marina and received a $10,397,291 judgment. This case underscores the impact on the amount of the verdict a good lost wage claim can make.  This man was a urologist and most of the damage award accounted for his past and future earnings.

$10,397,291 – Verdict

2010 – North Carolina

In this motor vehicle accident case, a woman was struck by the at-fault driver trying to enter the roadway from a cross-street. She suffered an ankle fracture from the car accident. The parties eventually settled for $80,000.

$80,000 – Settlement

Does the Lawyer Make a Difference in the Outcome?

Obviously, the quality of your lawyer makes a big difference at trial. But it also makes a huge difference at the settlement table, particularly in ankle injury cases.

Why? Because the settlement value of the EXACT SAME ankle injury will vary wildly depending on who your lawyer is. Too many accident attorneys do not understand the real value of these lawsuits. The result is a settlement below the true value of the case that fully compensates the victim for all the harm that has been done.

Ankle Injury Medical Literature

  • Cunningham, B, et al: 2021: Immediate Weightbearing After Operative Treatment of Bimalleolar and Trimalleolar Ankle Fractures: Faster Return to Work for Patients with Nonsedentary Occupations. J Foot Ankle Surg. Jan-Feb 2021;60(1):11-16.  Bimalleolar fractures are breaks of the lateral malleolus and the medial malleolus. This article suggests that putting weight on these fractures earlier helps the long-term recovery process and gets patients back to work more quickly.  Bimalleolar fractures are probably the most common open fractures in traumatic injury cases. Our attorneys’ experience with these cases is that even if surgery improves the patient’s outcome, a common result is permanent stiffness weakness that will likely get worse over time. 
  • Coles, C, et. al: (2019):  Orthopaedic Trauma Association Members and Evidence-Based Treatment Recommendations. Journal of Orthopaedic Trauma: September 2019 – Volume 33 – Issue 9 – p e318-e324.  This article underscores how the treatment of ankle surgery is sometimes more art than science which leads to a great deal of disagreement in the literature on how to treat these fractures (and the lack of consensus can drive patients to frustration). 
  • Xing, W., et al: 2018:  The application of intraoperative ankle dislocation approach in the treatment of the unstable trimalleolar fractures involving posterior ankle comminuted fracture: a retrospective cohort study. BMC Surg 18, 23 (2018). This study looks at the different treatment options for trimalleolar fractures.  Our lawyers have seen a good number of trimalleolar fracture cases.  These are tough injuries and you have to bake into the average settlement payout calculus the likelihood of post-traumatic arthritis that may develop.  We have had clients who needed physical therapy, bracing,  intra-articular injections, or even further surgery long after the original injury.

Getting a Lawyer for Your Ankle Injury Case

If you have an ankle fracture case in Maryland or Washington, D.C., call me at 800-553-8082 or fill out this claim form online. We can help you bring your personal injury claim and get compensation.  If you are outside of the Baltimore-D.C. area and you have a serious ankle fracture, call me or find my bio and email me.  I can (probably) help you find the right personal injury lawyer to maximize the value of your ankle fracture claim.

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.   

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