Maritime And Maryland Injury Lawyer Blog

German pharmaceutical giant, Bayer, has paid out settlement monies totaling over $142 million for product liability cases involving its contraceptives Yasmin and Yaz. A total of 651 cases have been resolved as of last month, for an average of about $218,000 per case.

The chemical make-up of the pills and the wide-spread popularity may prove to be Bayer's biggest areas for concern. The FDA reported that Yasmin was the fourth most popular oral contraceptive last year with over 835,000 women taking the drug. The pill contains drospirenone--a synthetic hormone--which creates a risk of blood clotting. Plaintiffs' attorneys argue that the pill's package does not adequately notify consumers of the risks involved. Researchers believe that the synthetic hormone may triple the risk for blood clots, leading to heart attacks and strokes. The FDA reported 50 deaths associated with the drug from 2004 through 2008.

As of April 2012, Bayer has faced over 11,900 lawsuits with plaintiffs alleging injuries from Yasmin and Yaz. The defendant's current strategy is to only settle cases involving contraceptive consumers with deep vein thromboses and pulmonary emboli. Other plaintiffs allege gallbladder damage and gallstones as side effects from taking the contraceptives. However, due to the lack of scientific research in support of these claims and the lack of legal resources by the defendant, Bayer is currently choosing to reject the gallbladder damage claims.

JP Morgan analysts have estimated that the product liability settlements from Yasmin and Yaz may cost Bayer over $2 billion. A recent newsletter from Bayer suggests that the claims may exceed the company's product liability insurance coverage.

Continue reading "Product Liability Lawsuit Settlements Hit $142 Million for Defendant Bayer" »

The Court of Appeals of Maryland recently ruled that pit bulls are extremely dangerous and owners can be held strictly liable for injuries caused by their pit bulls. The opinion includes holding strictly liable landlords who rent to pit bulls owners and know that the dogs are pit bulls or pit bull mixes.

The Court heard arguments in Tracey v. Solesky, whereby a pit bull escaped from its pen twice in the same day and attacked two boys. One of the victims, ten-year old Dominic Solesky, underwent five hours of surgery, seventeen days of hospitalization, and one year of rehabilitation to recover from his injuries. Both victims sued the dog owner and the landlord of the dog owner. The trial court granted summary judgment for the landlord, noting that "the evidence was insufficient to permit the issue of common law negligence to be presented to the jury." Tracey v. Solesky, 2012 Md. LEXIS 253 (Apr. 26, 2012). Then the case made its way to the Court of Appeals.

The new ruling overturns the longstanding negligence standard for dog owners: a plaintiff must demonstrate that the animal owner knew of the animal's inclination to inflict harm. Now, a plaintiff may make a simple showing that the attack involved a pit bull or mixed pit bull, and the court will hold the owner liable for damages.

The court's holding has garnered praise from neighbors or nearby pit bull owners and parents. However, the case is not without its dissidents. The new court decision has spawned anger and objection from the Maryland Society for the Prevention of Cruelty to Animals (SPCA), the Humane Society of the United States, and local animal shelters. Opponents fear that the strict liability standard will result in more abandoned pit bulls or overpopulation in animal shelters.

Continue reading "Maryland High Court Sets New Liability Standard for Pit Bulls Attacks" »

A forty-three year old woman and her nineteen year old daughter went sailing in San Diego harbor on a friend's sailboat.

Enjoying the delightful day, the daughter was taking in some sun with her legs hanging over the edge of the boat. Suddenly and unexpectedly, the middle of the boat collided with the bow (front) of another sailboat. As a result, the daughter sustained two broken legs and a degloving injury to her left upper thigh. She also sustained a traumatic injury to her left arm, which led to it being amputated above the elbow.

Her mother was thrown off the boat in the violent collision and was lucky to have only suffered a minor head injury. In addition, she suffered emotional distress. Between the mother and daughter, their medical expenses totaled over $300,000.00.

The mother and daughter made claim against the owner/operator of the other sailboat, for failing to yield the right of way and maintain a proper lookout. That claim was settled without the need to file suit for $2 million dollars.

The mother and daughter then sued the owner and operator of the sailboat on which they were passengers. They claimed that he failed to maintain a proper lookout and should have employed additional crew to avoid an obstructed view. At trial, they were awarded over $3 million dollars.

For over thirty years, the law firm of Resnick & Schwartzman, L.L.C. has been dedicated to representing victims of maritime and personal injury and wrongful death. The law firm is located in Baltimore, Maryland and accepts clients and referrals from attorneys throughout the country. For more information about claims related to maritime death or injury, as well as other claims resulting from negligence, and to request a free consultation, contact the firm at, 800-638-7652, or at lawyer@rs-atty.com.

On June 22, 2009, the DC Metro, the nation's second busiest train system, experienced its deadliest accident since its opening in 1976. Investigators have determined that two trains collided during the height of rush hour on the Metro's Red Line after the computer system failed to detect a stopped train. The train approaching from the rear maintained its speed and collided with the stopped train. The result of the impact: numerous injured commuters and nine deaths.

Attorneys for the families of the deceased are now reporting that seven of the nine wrongful death lawsuits have settled. The cases settled across December 2011 and January 2012, two and a half years after the incident give rise to the lawsuits. Though the terms of the settlements remain confidential, some in the legal community speculate that the settlements must be in the millions when comparing the mass collision to prior similar cases.

Defendants other than Metro include: Alstom, a French company that supplied the failed circuit; Ansaldo, an Italian company that provided the software for the system; and ARINC, a global company based in Annapolis that provided the warning system, which failed to detect the stopped train.

It appears that, with trial scheduled to begin next month, the remaining two cases will not settle. However, the trial for the two cases is not expected to be drawn out as the parties will likely focus only on damages and not liability. Metro and the three other defendants have accepted responsibility for the incident and only the amount of damages are in dispute.

Continue reading "All But Two Lawsuits Settle in the 2009 Deadly Washington, D.C. Metro Crash" »

A concert attendee's lawsuit against a Maryland-based concert organizer is the third lawsuit filed against the company in the past two months. The defendant, Walther Productions, organized the July 2011 All Good Music Festival in West Virginia. The lawsuits allege a negligent act on the part of Walther Productions, which led to the serious injuries of at least three concert patrons, including one attendee's death.

Concert attendees formed campsites for the four-day music festival. On July 17, 2011, one patron parked his vehicle atop a hill looking down on a concert campsite. At some point, he lost control of his vehicle and it crashed into the campsite. The vehicle collided with several patrons and tents, causing the death of a 20-year-old woman and serious injuries to two others.

The injured parties allege that Walther Productions negligently permitted concert-goers to park their vehicle close to the campsite, creating an unsafe atmosphere. The most recent lawsuit filed in the United States District Court Northern District of West Virginia asserts that the defendant "failed to exercise reasonable care" and failed to "protect all festival attendees of potential injuries resulting from the negligent and reckless act of parking the vehicles on a hill/slope, which did not adequately provide traction and protection for the festival attendees."

The defendant's attorney, Bob Martin, denied all claims of negligence, pointing toward extensive security measures in place at the All Good Music Festival including stage security, designated areas for police officers, and parking employees. Walther Productions is joined by its president and Marvin's Mountaintop, owners of the land for the concert, as co-defendants.

Continue reading "Multiple Lawsuits Filed Against Maryland Concert Organizing Company" »

Judge Albert W. Northrop of the Prince George's County Circuit Court recently ruled that a homeowner could not recover monetary damages for illness purportedly caused by an adjacent neighbor's smoking in his own home. In March of 2010, David, S. Schuman of Greenbelt, Maryland filed suit in the circuit court, alleging that his next door neighbor's smoking at their townhouse cooperative caused him a multitude of health problems. The lawsuit named as defendants the smoking neighbor, Darko Popovic, and the townhouse cooperative, Greenbelt Homes, Inc.

Schuman's lawyer, J.P. Szymkowicz, argued in the complaint and closing arguments that the secondhand smoke emanating from the neighbor's townhouse caused Schuman to suffer coughing, sneezing, congestion, and watery eyes across a span of fifteen years. Schuman was forced to endure the secondhand smoke inhalation over the years as he saved tens of thousands of dollars to be applied toward legal fees.

Popovic represented himself in the action. He stated that he had dramatically reduced his smoking since his wife was diagnosed with a brain tumor in 2010. Additionally, Popovic argued that he only smokes outside. Greenbelt Homes Inc.'s attorney noted that the cooperative paid attention to Schuman's complaint and had workers seal the wall that separated Schuman's and Popovic's homes.

In delivering the verdict of the court, Judge Northrop stated that he had lost a sister due to the negative health effects of smoking. Although sensitive to Schuman's dilemma, Judge Northrop ruled against the Plaintiff, noting that "not all nuisances are necessarily actionable" and that the matter was more appropriate for the state legislature. Smoking has been proscribed in airplanes and indoor public areas, decisions made by the state and federal legislature.

Continue reading "Maryland Secondhand Smoke Lawsuit Fails to Convince Judge" »

A Catonsville, Maryland resident Clarence D. Wells died August 31, 2011 after a week-long stay at Johns Hopkins Hospital. Wells' family members are now placing the blame on a Colorado fruit farm.

Wells' daughter became concerned when she noticed him retaining fluids and rapidly gaining weight. Wells began struggling with his breath and his daughter decided to take him to the emergency room at Johns Hopkins Hospital. Throughout his week-long stay at the hospital, Wells' symptoms worsened and he passed away. An autopsy later revealed that Wells tested positive for listeria.

Listeria is a type of bacteria that is found in contaminated food and liquids. Undercooked food and under-refrigerated foods might contain listeria bacteria. Newborns, elderly individuals, and pregnant women are especially susceptible to acquiring listeriosis.

The lawsuit filed by Wells' family in the U.S. District Court claims that Wells consumed cantaloupe on a number of occasions prior to his death. At least one of the melons Wells ate has been traced to Jensen Farms. A spokesperson for the Colorado-based farm admitted that cantaloupes grown on their farm were linked to the latest listeria outbreak. Jensen Farms added that it is cooperating with the investigation by public health officials and has voluntarily recalled a specific brand of its cantaloupes sold in various states. It has yet to be determined where Wells bought his Jensen Farms cantaloupe. None of the recalled cantaloupes were sold in Maryland.

Wells' listeriosis death is not an isolated event. Officials at the Center for Disease Control and Prevention have stated that more than 84 people in 19 states have been infected during the recent listeria outbreak. CDC officials stated that there have been at least fifteen listeriosis related deaths in what has been labeled as the deadliest food-borne disease outbreak in the past decade.

Continue reading "Food Contamination at Issue in Wrongful Death Suit by Maryland Family" »

On August 23, 2011, notice was received at 8:30 A.M. at the Coast Guard station in Woods Hole, Massachusetts (the gateway to Cape Cod) from a fishing vessel regarding a crewmember who was suffering from stomach pain and possible internal bleeding. Coast Guard medical personnel were consulted and ordered immediate Medevac to a land-based medical facility. The fishing vessel was located about fifty miles southeast of Nantucket Island, Massachusetts. A MH-60T "Jayhawk" helicopter was deployed from the Coast Guard Air Station Cape Cod, removed the injured crewman, then airlifted him safely to the Cape Cod Hospital in Barnstable Town, Massachusetts.

Reports indicated that the particular crewmember's illness had worsened over the several days prior to the rescue. Considering the fishing vessel's location, weather, and sea conditions, it was determined that the helicopter Medevac was the best option.

The Coast Guard reports that from January through August, 2011, it has conducted over 2700 search and rescue missions in the northeastern United States alone. The United States Coast Guard, formerly an agency of the Department of Transportation, is now under the auspices of the U.S. Department of Homeland Security. Within the Coast Guard is the Office of Search and Rescue. Search and Rescue (SAR) is one of the Coast Guard's oldest and most important missions. In order to minimize the loss of life, injury, and property damage or loss in the maritime environment, SAR has always been a Coast Guard priority. The National SAR Plan divides the U.S. area of SAR responsibility into internationally recognized inland and maritime SAR regions. The Coast Guard is the Maritime SAR Coordinator. In order to accomplish its mission, the Coast Guard maintains SAR facilities on the east, west and gulf coasts; in Alaska, Hawaii, Guam and Puerto Rico, as well as on the Great Lakes and inland U.S. waterways. In order to maintain its status internationally as a leader in the field of search and rescue, Coast Guard SAR involves multi-mission stations, cutters and other vessels linked by satellite communications networks, and aircraft of various types and descriptions.

For over thirty years, the law firm of Resnick & Schwartzman, L.L.C. has been dedicated to representing victims of maritime and personal injury and wrongful death. The law firm is located in Baltimore, Maryland and accepts clients and referrals from attorneys throughout the country. For more information about claims related to maritime death or injury, as well as other claims resulting from negligence, and to request a free consultation, contact the firm at 800-638-7652.

Orthopedic injuries are commonly suffered by Maryland drivers, pedestrians, and workers. Car wrecks, falls, heavy lifting in the workplace, and sports related injuries often result in back, neck, and shoulder trauma. While these injuries are difficult enough to overcome, a new study suggests that the emotional injury stemming from traumatic events may prolong a patient's recovery.

The Journal of the American Academy of Orthopedic Surgeons recently published an article illustrating a correlation between patients with orthopedic injuries and post-traumatic stress disorder (PTSD). According to the article's author, Daniel L. Aaron, M.D., 20% to 51% of patients with orthopedic injury experience symptoms of PTSD. People often begin experiencing PTSD immediately following a traumatic incident, but others may not begin experiencing it until upwards of six months afterwards.

PTSD interferes with the patient's ability to recover from physical injury by affecting the patient's view of his or her own healing process. Doctors suggest that some groups may be more prone to PTSD including females, young adults, less educated individuals, and users or drugs and alcohol. PTSD can be seen by a change in a patient's normal behavior including anger, agitation, anxiety, nightmares, detachment, flashbacks, troubles concentrating, and headaches.

As outlined by the article, victims of orthopedic injuries not only suffer physical, but also emotional pain. The Maryland legislature has not set limitations on damage amounts for lawsuit strictly involving physical and economic damage. However, Maryland limits the noneconomic damages one may recover. Noneconomic damages are not physical damages and include pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium.

Continue reading "Post-Traumatic Stress Disorder Prevalent in Victims of Orthopedic Trauma Study Shows" »

Denise Kaba was planning to enjoy her cruise vacation aboard the "Carnival Pride." Unfortunately, during the cruise, she slipped and fell on the ship's pool deck, causing a serious fracture of her right knee cap. The injury caused Ms. Kaba to undergo six different surgeries and she will require at least one more. Ms. Kaba is a stay-at-home mom. She had planned to return to office work, but now will be unable to do so due to lingering pain and immobility. The cost of her medical treatment thus far is over $120,000.00.

On behalf of Ms. Kaba, her attorneys sued Carnival Corporation, claiming that the pool deck had a resin surface, which rendered the deck unreasonably dangerous when wet. They claimed that a number of similar accidents had occurred aboard various Carnival ships, including the "Pride."

The Court awarded over $2.9 million dollars.

Ms. Kaba was one of thousands of everyday people who planned to take carefree vacations in paradise aboard luxurious cruise ships. Unfortunately, as with any vessel on the water, a cruise ship is fraught with hazards. Accidents frequently occur aboard the ship, in staterooms and bathrooms, on stairways, and such as in the case of Ms. Kaba, on wet or slippery decks. Accidents also frequently occur on ships because of defective equipment, as a result of assaults by crewmembers, and on gangways, tenders, or even during shore excursions. The applicable laws are often different from a similar type of accident on land. However, it should be noted that the period within which to file a lawsuit is usually just one year from the date of the accident.

For over thirty years, the law firm of Resnick & Schwartzman, L.L.C. has been dedicated to representing victims of maritime and personal injury and wrongful death. The firm is located in Baltimore, Maryland and accepts clients and referrals from attorneys throughout the country. For more information about claims related to maritime death or injury, and to request a free consultation, contact the firm at (800)-638-7652.

The Anne Arundel County Police Department recently reported a surge in hit-and-run accidents throughout the county during the past few months. Since mid-July there have been at least six reported hit-and-run automobile accidents, with two involving fatalities.

Local authorities have been left speculating as to the reasons for such a swelling of statistics. Many have pointed to the poor economy as a reason that fewer drivers are able to afford insurance and proper registration. Then, when the uninsured drivers are involved in a collision, they flee the scene rather than face criminal charges. Other reasons for hit-and-runs frequently involve drivers who are drunk or driving without a license. When they cause an accident, the drunk or unlicensed drivers often panic and drive away, ignoring the injuries to others and consequences of their behavior.

Whatever the reason behind the uptick in hit-and-run accidents, police are concerned by the numbers. Authorities point to a dramatic increase in the past three months, a noticeable rise in deaths when compared to the nine fatal hit-and-runs since the beginning of January 2008. Though half of these cases have been solved, the most recent accidents contain no leads. Officials encourage eyewitness or individuals with any information to come forward. Unfortunately, families of hit-and-run victims are still searching for answers that they will probably never discover.

Hit-and-run fatalities are punishable by a maximum of ten years in prison--the same sentence for automobile manslaughter. However, Maryland courts tend to be more lenient on drivers demonstrating responsibility by staying at an accident scene or turning themselves in to authorities.

Continue reading "Hit-And-Run Accidents on the Rise in Anne Arundel County" »

According to recent news reports, the Attorney General of the state of Indiana has indicated that the state will pay $5 million dollars in compensation to the victims of the Indiana State Fair stage collapse. The tragic incident occurred on August 13, 2011, when high winds blew over the stage at the fair, an annual event held in Indianapolis. Seven people were killed and dozens more were injured.

The Attorney General has indicated that $5 million dollars is the maximum that the state's law allows in payment. It will be paid when an equitable formula is devised to distribute the funds to the victims and their families. The Attorney General has indicated that the state's "goal is to focus on the needs of victims and their families while minimizing the expense of lengthy and costly litigation."

Far too often, structural defects, such as the Indiana State Fair stage collapse, cause tragic loss of life and horrific injuries. In addition, countless millions of dollars are wasted every year in this country because of objects being damaged as a result of structural failures. The responsible contractors, manufacturers of component parts, engineers, and architects usually claim "act of God" as their defense. This envisions some catastrophic event, such as an earthquake, tornado, etc. which causes the collapse in spite of the best efforts of the responsible parties. However, with modern construction techniques, super strong materials, computer aided design and testing, and advanced stress analysis, the "act of God" defense is usually no longer valid. Rather, the real culprit is the oft-used corporate mentality of "profits over safety." The responsible parties often take shortcuts in the design and manufacture of these structures, especially those which are for temporary use, and risk the public's safety and health. That attitude is inexcusable. If a particular company is deemed responsible, in whole or in part, for the death or devastating injury caused by sub-standard design or construction of a structure, it should be held fully liable for the injuries, death, losses and damages resulting therefrom.

The attorneys at Resnick & Schwartzman, L.L.C. are experienced at representing families whose loved ones have been killed and people who have been horribly injured in construction and structural collapses. The attorneys at Resnick & Schwartzman, L.L.C. have over fifty-five years of experience trying cases and receiving outstanding results for their clients. Resnick & Schwartzman, L.L.C. represents families and injured individuals in Baltimore, throughout Maryland, and nationwide. To seek a free consultation with one of the firm's experienced attorneys, please call 800-638-7652.

A case involving a fatal automobile accident occurring five and a half years ago is now being considered by Maryland's highest court. On January 18, 2006 at approximately 7:30 a.m., Sergeant Michael Barclay with the Anne Arundel County Police Department drove to work from his home in New Windsor. Meanwhile Christopher Richardson, a longshoreman with Ports of America at the Dundalk Marine Terminal returned home from work after an exhausting 22-hour shift.

Barclay's vehicle travelled eastbound on Maryland Route 31 in Carroll County and Richardson was heading westbound. Richardson's vehicle crossed the center line and violently collided head-on with Barclay's pickup truck. Richardson died as a result of his injuries. Experts concluded that he fell asleep at the wheel noting that his vehicle left no skid marks and toxicology reports coming back negative for drugs or alcohol impairment.

Sergeant Barclay survived but suffered extensive injuries including breaking all of his extremities, abdominal injuries, and recurring infections as a result of over fifty surgeries. Barclay no longer works with the Anne Arundel County Police Department due to his slow recovery and now works part-time as a security officer.

Three years ago, Barclay filed suit in the Carroll County Circuit Court against Richardson's employer, Ports of America. The circuit court found for the defendant and on appeal, the Court of Special Appeals affirmed. The Court of Appeals of Maryland recently granted certiorari, agreeing to hear Barclay's case. Barclay intends to argue that Richardson's employer was negligent in allowing him to work a 22-hour shift, and it was Richardson's fatigue that caused him to fall asleep while behind the wheel.

Continue reading "Fatal Carroll County Collision Makes Its Way to Maryland Court of Appeals" »

On October 9, 2008, Montgomery County, Maryland residents Xiufeng Wang and his wife, Yunshu Li walked home after eating lunch together. The elderly pedestrians were forced to walk in a closed lane of traffic due to the sidewalk being blocked. Construction workers were building a new fire station and left no right of way for pedestrians. As the couple attempted to bypass the construction site, they were struck by a dump truck. Wang sustained a broken back and fractured wrist as a result of the impact with the dump truck. His wife, Li, died from her injuries at the accident scene.

Li's family filed a wrongful death action in the Montgomery County Circuit Court. At trial the plaintiffs alleged that the defendants, Hakes Contracting Incorporated and Milestone Construction Services, Inc., failed to provide Li, Wang, and other pedestrians with a safe, substitute route circumventing the dangerous construction site. The construction crews had removed a large part of the sidewalk while building the new fire station, yet neglected to provide Li and Wang with an alternate path. The circuit court jury agreed with the plaintiffs and awarded the family $2.032 million in damages.

Traffic accidents involving pedestrians are not uncommon, especially when occurring in and around construction sites with large equipment. Equipment operators cannot always see every object in their path and occasionally fail to check for a clear route. More often, as in the case discussed, construction crews neglect to provide for the safety of others by blocking pathways or failing to warn others of potential dangers. The result of their negligence is serious personal injury to motorists and bystanders.

Continue reading "Maryland Jury Awards Family $2 Million in Wrongful Death Dump Truck Accident" »

A 60-year old New York woman underwent a gynecological examination in June 2000 by her regular gynecologist. During the routine exam, the gynecologist discovered a pelvic mass, but did not inform her patient of that finding. Because of continuing and varied symptoms such as frequent urination and extreme bloating, the patient continued having several more gynecological examinations over several months. Finally, she was diagnosed with having a uterine fibroid.

Almost two years later, in February 2002, a second ultrasound revealed that the growth had doubled in size, prompting the gynecologist to recommend a hysterectomy. The patient underwent the procedure in July 2002, which revealed a three-pound ovarian tumor. After laboratory analysis, about a month later, the physician told the patient that the tumor was malignant and that she required another operation for cancer staging. Soon after that operation, chemotherapy began.

The patient was employed as a registered nurse, earning about $60,000.00 annually. She missed several months from her job, and later returned to work on a part-time basis.

The patient sued the gynecologist in Staten Island, New York, for the failure to timely diagnose her ovarian cancer. The lawsuit alleged, among other things, that the gynecologist should have called in a gynecological oncologist for a consultation and participation during the hysterectomy. The patient claimed that had an oncologist been present at that time, her cancer could have been staged and she would not have had to undergo a second surgery during her recovery. The jury awarded $1.25 million dollars to the patient against her gynecologist.

Continue reading "New York Jury Awards $1.25 Million Dollars Against Gynecologist" »