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.

Knee dislocations are relatively rare in automobile accidents.  But we have seen a number of these recently so I’m writing today about these injuries and to give you some idea of the potential settlement value of these claims.

Knee Discloations in Car Accidents

knee-200x300Knee dislocations occur from athletics,  high energy impacts, such as a car crash, or low impact falls in people that are extremely overweight.  A dislocated knee is non-functional, often painful, and induces large abnormal strains on the collateral ligaments.   Because of the potential for neurovascular damage associated with the injury, knee dislocations are considered to be one of the most serious knee injuries.

Note: post was originally in 2012.  It has been updated in November, 2018  to discuss a new martial privilege case, Sewell v. State, now pending before the Maryland Court of Appeals with a decision coming any day now.

I never find myself writing about marital privilege. But I do have an interest in modern technology and how it will impact pre-trial discovery and admissibility of evidence. Which takes me to the  4th Circuit opinion U.S. v. Hamilton.

This case involves the bribery conviction of a former member of the Virginia House of Delegates who also served part-time as an administrator with the Newport News, Virginia public schools system. Basically, the guy pushed for and got a salary from Old Dominion University in exchange for getting funding for a million dollar program called Center for Teacher Quality and Education Leadership. (FACT: 89% of all “education centers” with titles as goofy and ambiguous as this one are hopelessly corrupt.)email1

Anyway, a key piece of evidence in the takedown of this guy is an email that he writes to his wife about how he is trying to get this salary out of the deal, which he writes from his public school computer. So the question is whether the marital privilege applies because he used his work email account.

For what I think are good reasons, communications between spouses have long been thought to implicate important privacy and confidentiality interests. This has led to a recognition of a marital privilege in both Maryland and federal law that makes communications between spouses presumptively confidential.

Continue reading

Fetal macrosomia is a medical term that means fetal weight at birth is greater than 4000 grams (8 lbs. 13 oz). Compared to the size of other newborns of the same gestational age, this is considered excessive fetal growth. Your doctor will be concerned with the baby’s probable weight at delivery for a few reasons and should want more testing to be done.

Fetal macrosomia is a serious condition in pregnancy. It is well recognized in the medical literature that a major concern in the delivery of a macrosomic baby is shoulder dystocia and the attendant risks of permanent brachial plexus palsy.  It requires close monitoring and frequent visits to the doctor’s office. But the reward is a healthier baby at delivery and sometimes a healthier mother, too.

Why is Fetal Macrosomia Important?

I’m always interested in the Metro Verdicts Monthly graph on the front of their publication which compares verdicts and settlements for a certain type of personal injury claim in Washington D.C., Maryland, and Virginia. Sometimes I am surprised by the difference in the results.

nursinghome5This month I am astounded by the difference between Virginia, Washington, D.C., and Maryland in median nursing home liability verdicts and settlements since 1987. The median recoveries in Maryland and Virginia are $125,000 and $175,000, respectively. This means that the median settlement and verdict in Virginia is 40% higher than Maryland. Virginia juries are generally more conservative than Maryland so this result is somewhat surprising. But here is what I find surprising: the average nursing home case settlement or verdict in Washington, D.C. is $700,000.  I realize there is no cap in D.C. But it is still amazing.

Real Value of Maryland Nursing Home Claims

caps on malpractice lawyers' feesIn recent years, we have been picking up more malpractice cases — primarily birth injury cases — in jurisdictions outside of Maryland and D.C.  We have handled claims close to home like Pennsylvania and West Virginia and we have also handled (and settled) cases as far away as Oregon.

To do this, we needed to get up to speed on the basics of malpractice calls in that jurisdiction.  Not so much to handle the case — we have local counsel for that — but to screen the case to evaluate whether it is a viable claim to bring.   It is important, of course, to know if the state has caps on malpractice cases and we have done that research.

But, honestly, you also need to know whether there are significant caps on attorneys’ fees because it has a real impact.  Taking a birth injury case in New York, for example, is a very tough play economically because you are only getting 10% of everything past $1 million.

Continue reading

Medically induced cooling of the brain can help treat damage. This relatively new procedure — the FDA approved it a little over 10 years ago —  provides the opportunity to treat babies who are suffering from hypoxic brain damage as a result of perinatal asphyxia.

We don’t totally understand exactly why brain cooling works although there are many theories that make perfect sense that are floating around out there.  But, ultimately, who cares why it works.  It appears to work on not only the brain but other vital organs that have been harmed from oxygen deprivation.

At this point, I don’t know why any hospital with a NICU would not have the ability to use cooling to protect an infant from brain damage.

Saying you suffered a head injury in an accident is sort of like saying your nephew is an actor. He might be Will Smith, but he also might be an understudy in a local dinner theater production.

Head injuries to automobile occupants have been shown to be a major cause of death and permanent brain injury within the U.S. and internationally. Head injuries vary from headaches that resolve quickly to brain damage that destroys a life. The data on head injury verdicts does not leave a good impression of the settlement value of head injury cases:

  • Head Lacerations and Contusions: $10,016

Years ago, we were involved in gadolinium MRI lawsuits involving nephrogenic systemic fibrosis (NSF), which is a fibrosing disorder of the skin and joints that occurs with victims with advanced renal insufficiency.

Th cases settled for millions of dollars because NSF is just an absolutely awful disease.  Now there are a new set of gadolinium MRI lawsuits alleging that the gadolinium is toxic and harming patients.

What is Gadolinium?

Women experiencing typical pregnancies are not offered the option of inducing labor at 39 weeks.  That might change.

A recent study funded by the National Institutes of Health (“NIH”) suggests that electively inducing labor 1 week before the due date decreases the risk of complications and lead to a safer delivery.  New mothers whose labor was induced in week 39 (instead of waiting for labor to begin naturally) were less likely to require a C-section and had lower rates of preeclampsia and other complications.  The research also established inducing at 39 weeks did not increase the chances of stillbirth or other severe complications compared to mothers who were not induced.  The detailed results of this pivotal NIH study were just published in the New England Journal of Medicine: Labor Induction versus Expectant Management in Low-Risk Nulliparous Women.

malpractice-7It was previously believed that early induction of labor significantly increases the likelihood of an emergency cesarean delivery in response to complications.  This made many doctors reluctant to induce any time before 40 weeks, but no comprehensive study had ever been done before.  The Pregnancy and Perinatology Branch at NIH funded the study in an effort to fill this data gap.

A neonatal stroke (also called a perinatal stroke) is defined as an interruption of blood flow to an infant’s brain that occurs between 20 weeks gestation and first 28 days after the child is born. Neonatal strokes can be ischemic or hemorrhagic.  Ischemic neonatal strokes are caused by some form of blockage in the blood vessels.  Hemorrhagic strokes occur when blood vessels rupture and bleed.

What causes a newborn to have a stroke?

Neonatal strokes are the result of some event within the body that suddenly disrupts the normal flow of blood to the baby’s brain.  In adults, the underlying causes leading to a stroke are usually high blood pressure, diabetes or some other condition.

Contact Information