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.

 The Paragard IUD is an intrauterine contraceptive device made by Teva Pharmaceuticals. Recently it was discovered that a design defect in the Paragard was causing the IUD device to fracture during removal, leaving shattered pieces floating around inside the uterus.  Now hundreds of women who have been harmed by this defect are filing Paragard lawsuits. Earlier this year the Paragard litigation officially rose to “mass tort” status when cases across the U.S. were consolidated into a new Paragard MDL.

In this post, I will try to answer the questions everyone has after a new mass tort MDL is created: Will the litigation be successful, who qualifies as a plaintiff, and how much will cases be worth?

The Paragard IUD

The hernia mesh lawsuits have been litigated for years.  For victims seeking settlement compensation, it has been a never-ending road.  But with the court bouncing back from COVID, two trials are on the way that could be the bridge to a class action hernia mesh settlement to finally bring victims overdue settlement compensation for the harm done to them.

[August 2021 Update: There is a Bard hernia mesh trial underway on August 24, 2021.  Our lawyers provide that update.   This verdict will have an impact on the settlement value of all future hernia mesh lawsuits.]

Over the last decade, countless individuals who underwent hernia repair surgeries subsequently suffered pain and serious injuries caused by a defective hernia mesh implant that was used in their procedure. There are currently thousands of hernia mesh lawsuits currently pending across the country and they have been consolidated into three separate class action MDLs.

wrongful death cases

What Are Wrongful Death Cases in Maryland Worth in Settlement or Trial?

What is the settlement value of wrongful death medical malpractice cases in Maryland and the District of Columbia? 

One publication reports that the median settlement and verdict in Maryland for wrongful death medical malpractice cases over the last 20 years is $900,000.

I’m fortunate in that I don’t get many headaches, a blessing I attribute to good hydration and genetic good fortune.  I’ve never had a traumatic head injury and have had only two concussions.  On the rare occasion that I do get headaches, they are debilitating. It is hard to enjoy 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 closed head injury that caused —  and may continue to cause — headaches.

Why? Because headaches are mostly subjective. So the credibility of the plaintiff – which is usually 90% of the game at trial – becomes the entire game because you can’t know the pain level inside someone’s head.  Similarly, how do you really prove short-term memory loss?  Instead, decide if you believe the victim’s report of pain or loss of function is what she says it is. 

As courts around the country struggle to get back to the business of hearing and deciding cases, many states have recently adopted plans to have virtual jury trials. This raises the possibility that Maryland might follow suit and adopt its own plan for virtual jury trials. In this post, we will speculate on the likelihood of Maryland adopting virtual jury service for civil trials.

COVID-19 Impact on the Maryland Judiciary

The ongoing COVID-19 pandemic has disrupted and forcibly changed almost every level of government administration and services in Maryland and around the country. This seismic disturbance has had a disproportionately harsh impact on civil court proceedings.

In 2013, the FDA approved the iron supplement Injectafer. This drug is used to treat iron-deficiency anemia, a condition where the body lacks enough iron to produce healthy red blood cells. Shortly after FDA approval, studies revealed that the use of Inectafer could cause severe hypophosphatemia (HPP) in some patients.

As a result, several Injectafer lawsuits have been filed against its manufacturers and distributors. The plaintiffs in these suits allege that the drug caused their severe hypophosphatemia, a condition where the body experiences low phosphate levels. Our law firm is currently accepting new Injectafer lawsuits.

About Injectafer

When a litigation settlement offer is “still on the table,” what exactly does that mean and how long does an offer last on “the table” before it expires?

In Moore v. Donegal Mutual Ins. Co. (No. 788) the Maryland Court of Special Appeals (COSA) considers these ponderous questions about the shelf life of settlement offers “on the table.” The COSA held that whether an on-the-table settlement offer had expired after 2 hours and could no longer be accepted was a question of fact for a jury.

Firefighting foam (aqueous film-forming foam “AFF”)) is a chemical product that has been used for years by firemen and in other commercial applications to extinguish fires.

Various studies have recently shown, however, that chronic use or exposure to firefighting can cause certain types of cancer. This discovery has led to a wave of firefighting foam lawsuits by former firemen and others who developed cancer after long periods of occupational exposure to AFF.

Our lawyers are accepting new clients throughout the country for inclusion in the nationwide class action lawsuit.

Paraquat lawsuits are new claims that are sneaking up on plaintiffs’ mass tort trial lawyers.  Let’s take a look at these claims that I think may ultimately lead to a large class action settlement.

Paraquat is universally recognized as one of the most dangerous and highly toxic chemicals in the world. No one disputes this. Paraquat is so highly toxic to the human body that drinking just a tablespoon of it can be fatal. This extreme toxicity (along with environmental concerns) has prompted over 30 countries to ban Paraquat entirely. In the United States, for reasons that defy logic and reason, this toxic chemical is not banned and it has become one of the most widely utilized herbicides in the agriculture industry.  It is so dangerous you need an applicator license to purchase the chemical.   So the question is not why are there Paraquat lawsuits but what took so long?

But now new evidence has revealed that prolonged exposure to Paraquat fumes can health risks that include cause Parkinson’s disease. This discovery might end up being the nail in Paraquat’s coffin. Thousands of lawsuits are now being filed by individuals who used or were exposed to Paraquat and subsequently diagnosed with Parkinson’s disease. There is also a new push in congress to get Paraquat banned.

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.

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