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Infant formulas made from cow’s milk, such as Similiac and Enfamil, are potentially hazardous for premature infants because they can significantly increase the risk of a dangerous neonatal condition called necrotizing enterocolitis (NEC). NEC baby formula lawsuits are now being filed against the manufacturers of Similac and Enfamil because they knew knowingly failed to warn about this risk on their product packaging.

Our lawyers are currently handling infant formula NEC lawsuits for parents with premature babies that developed NEC and suffered adverse health consequences after being fed with Similac or Enfamil. The companies that made these formulas were aware of the risks of NEC in preemies but made no effort to warn consumers about this risk on their product packaging.

If your premature baby developed NEC after being given Enfamil or Similac formula, you may qualify to bring a product liability lawsuit against the formula companies and get financial compensation.

Over the last few years, victims of child sexual abuse at the hands of clergy members in Maryland have been coming forward to hold their abusers (and the church) accountable.  Our lawyers handle these cases in Maryland and throughout the country.

A groundswell of public support has developed around these victims, and for obvious reasons. The sexual abuse of young children is universally reviled by all cultures. Just the thought of a child being sexually abused by a priest or pastor can send chills down the spine.  The victims of childhood sexual abuse are left permanently scarred and damaged in a very real way.

The wave of abuse allegations and public attention has prompted a movement in favor of holding the clergy abusers and their churches accountable. For the individual clergy members who committed the abuse, accountability often means criminal charges. For the church institutions that allow the abuse to happen, however, accountability has come in the form of civil lawsuits and monetary damages. Over the last decade, religious organizations have paid out over $3 billion in clergy sexual abuse lawsuits.

here is no law in Maryland requiring shoes or prohibiting certain types of footwear while driving. However, driving while barefoot or wearing shoes such as high heels or flip-flops can be unsafe. Improper footwear affects your ability to apply pressure to your pedals or pivot between them. They can even cause you to hit both pedals at once.

Shoes to Avoid While Driving

You should avoid wearing the following types of shoes while driving. These shoes can impair your ability to control your vehicle’s pedals.

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 will 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 24th round of the 2013 Major League Baseball draft. After being drafted, Breen began his minor league career playing shortstop for the Delmarva Shorebirds.

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.

After a serious accident or losing someone that you rely upon economically, the financial hardships can be overwhelming.  In even the best-case scenarios, justice is never immediate.  I’ve seen people suffer incredible economic losses bankruptcy personal injurywhile they wait for justice, including losing their homes.

Some people file for bankruptcy.  What most victims and even personal injury lawyers in Maryland do not fully understand sometimes, your personal injury claim becomes the property of the bankruptcy estate, when an injury victim files for bankruptcy protection whether the claim is listed in the bankruptcy or not.   In my experience, the personal injury victim generally gets the claim back after the bankruptcy.  But as the victim’s lawyer you represent the victim, then the trustee, and then back to the victim again.  The complete thing is just an utter mess.

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scheduling deposition challengesScheduling depositions in car accident lawsuits usually is not a complex thing. You call the other side; you agree on dates, and you have your depositions. The key is cooperation. Rather than unilaterally serving a deposition notice, you just call opposing counsel and agree to the place, date, and time. There are rare issues.

For some reason, and I’m not entirely sure why, but scheduling depositions in medical malpractice cases always seems to be an ordeal. Common courtesies that I’m sure many Maryland malpractice lawyers accord each other in the rest of our lives sometimes go out the window. Sometimes, it seems like otherwise ethical lawyers have no qualms about making up excuses for why they or the deponents cannot attend a deposition that are not based in fact. Often, you can figure this out when you depose the witness. Continue reading

Another new Maryland lead paint decision

The Maryland Court of Special Appeals reversed a $5.1 million (reduced to $1.25 million by the cap) lead paint verdict in a 91-page opinion written by Judge Shirley M. Watts.

The first 58 pages of this opinion are facts. But there are two real issues: (1) did plaintiff’s expert, a pediatrician, have the qualifications to render the opinions that the lead exposure at defendant’s property caused the brain injuries alleged in this case, and (2) did the trial court properly sanction the defendant and his lawyer for alleged willful discovery violations.reversed lead paint verdict

I care little about the latter issue because I’m just not a big fan of monetary sanctions against counsel. I’m really interested in sanctions like spoliation instructions and other sanctions that give a tactical advantage. But the retail value of the paper used demanding monetary sanctions is greater than the actual amount of sanctions against counsel that have been awarded and paid. The issue, in this case, is interesting – the opinion breaks down in painful detail – but it is ultimately as useful to me as my recollection of the Baltimore Orioles 1979 batting order. (I do, however, recommend reading the details about these sanctions for the entertainment value. I’m amazed that Judge Watts did not even comment in an off-hand way about the trial court’s findings of extreme discovery violations. I would not have the same discipline.)

So on to the actual issue: the qualification of the expert. The court found that even though the pediatrician was a licensed doctor and all, he really was not qualified or even prepared to render an opinion in this case. He had limited experience in treating kids with lead paint poisoning, never evaluating or diagnosing children with lead exposure, or even following the progress of kids with lead exposure. In fact, he did not even recall treating a child for lead poisoning. His qualifications, distilled down to their essence, appear to be that he is a pediatrician who keeps up with the medical literature. Continue reading

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