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Personal Injury Law

Maryland Injury Lawyer Blog

Maryland personal injury related material from Miller & Zois.

Post Frequency: 4.4/day

Last Entry: April 01, 2011 at 15:16:36

Value of Vertebrae Fracture Personal Injury Cases

Posted on March 10, 2008
A Jury Verdict Research report this month found that over the last ten years, the national median award at trial in personal injury cases for a vertebra fracture is $112,537. Almost two-thirds of the cases in the study were motor vehicle accidents, which is the leading cause of spinal injuries in this country...

MDL Panel Choice of Venue/Choice of Law

Posted on March 10, 2008
Alexandra D. Lahav, a law professor and editor of the Mass Tort Litigation Blog, has an interesting blog post on choice of law made by the MDL Panel in cases consolidated for discovery where the applicable law chosen may foretell the outcome of the case...

Valuing Pain and Suffering Injuries: Per Diem Arguments

Posted on March 07, 2008
The biggest intangible dealt with by personal injury lawyers in settling or trying a personal injury case is noneconomic pain and suffering damages. These damages defy ready conceptualization and the law provides little in the way of assistance to jurors who make the final call in the end...

Yamaha Rhino ATV Lawsuits

Posted on March 07, 2008
Yamaha ?Rhino? All-Terrain-Vehicle (ATV) litigationhas drawn the interest of our lawyers. The Yamaha Rhino ATV appears to have design defects that make the Yamaha Rhino ATV unreasonably unsafe for its occupants. The big problem with the Yamaha Rhino ATV roll is that it will rollover during turns on flat surfaces, even at low speeds, because it has a center of gravity that it too high, too top heavy, and the tires are too small for the expected uses of the vehicle...

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Heparin Recall Answers

Posted on March 06, 2008
The FDA performed MRI tests on Baxter's heparin blood thinner that has already caused at least 21 deaths. The MRI found that as much as 20 percent of the drug's active ingredient was made from an undetermined counterfeit material. Although our lawyers did not "rush to judgment," we strongly suspected that there was a manufacturing defect with heparin that originated in China...

Doctor Shortage in Maryland? A Doctor in Southern Maryland Says There Is a Shortage of Doctors

Posted on March 04, 2008
The Maryland Injury Lawyer Blog received today the following comment from an emergency room doctor in southern Maryland regarding my blog post on the alleged shortage of doctors in Maryland: "You are guilty of not supporting your assumptions with data as well...

Do We Trust Juries?

Posted on February 26, 2008
According to a recent poll on jury duty, the answer is yes. Fifty-eight percent of those surveyed believe that a jury is fair and impartial all or most all of the time. Even more interestingly, half of those surveyed said they would expect a jury to give a fair verdict as opposed to a judge...

Riegel v. Medtronic

Posted on February 20, 2008
02The Supreme Court opinion in Riegel v. Medtronic was issued this morning. I'm just starting to read it now and will comment later today about the holding once I get a chance to actually read the case. Scalia wrote the opinion which scares me but seven justices join Scalia's opinion so I do not think the holding will be too radical...

Maryland Lead Paint Jury Verdict

Posted on February 19, 2008
The Maryland Daily Record reports that a Baltimore jury awarded $82,000 to an 8-year-old boy who only briefly exhibited elevated levels of lead in his blood. In May 2000, the boy?s level was four micrograms of lead per deciliter of blood. In December, his level rose to 29 micrograms...

Discovery of Injury Victim's Social Networking Sites

Posted on February 18, 2008
There is another good blog post from the Drug and Device Law Blog this time regarding electronic discovery with respect to on-line diaries and the social networking like Facebook and MySpace. I have not had this issue arise with one of our clients but it is only a matter of time...

Baxter Heparin Recall

Posted on February 15, 2008
With the preemption arguments raging on in the Supreme Court and in circuit courts around the country, we have yet more evidence that making the FDA the gatekeeper for product liability claims is tantamount to naming Roger Clemens the new performance enhancing drug czar...

New Maryland Court of Appeals Opinion

Posted on February 13, 2008
The case of Titan v. Advance was decided yesterday by the Maryland Court of Special Appeals. Titan is a case where the Plaintiff alleged negligent repair of a roof that led to the clogging of a roof drain, which then resulted in the flooding of the Plaintiff?s premises on Eastern Avenue in Baltimore, Maryland, at Crown Industrial Park...

Voir Dire in Maryland: Follow-up to Judge Sweeney's Article on Voir Dire in the Daily Record

Posted on February 07, 2008
Last month, retired Howard County Judge Dennis M. Sweeney wrote an article in a series of articles he is writing for the Daily Record. The latest article discusses voir dire. One point Judge Sweeney makes is that judges have an aversion to proposed voir dire questions that seem to be uniform in every case the lawyer tries...

Contingency Fees

Posted on February 05, 2008
Point of Law has an interesting blog post on a new study regarding contingency fees. I found two conclusions of interest. First, the study found that people who had the financial means to pay attorneys? fees up front still preferred a contingency fee arrangement, even if that arrangement meant they were ultimately likely to pay more in fees...

Super Bowl 42

Posted on February 04, 2008
Super Bowl 42 was a great Super Bowl for Miller & Zois for two big reasons. First, buried in our testimonials on our website is a great testimonial from one of our former clients, future Hall of Fame defensive end Michael Strahan, who was in the limelight last night putting relentless pressure on Tom Brady...

Stryker Trident Hip Implant Problems: Class Action Lawsuit on the Way?

Posted on January 28, 2008
Medical device maker Stryker said last week that it will voluntarily recall the hip implant surgery products Trident PSL and Hemispherical Acetabular Cups. This recall comes on the heels of a warning from the FDA to fix a host of long-standing problems, primarily the failure to function and poor fixation with its hip implant components and in its manufacturing of hip replacement parts...

State Farm Probe Continues? Mississippi Attorney General Says Criminal Probe of State Farm Has New Focus

Posted on January 28, 2008
Last week, we were talking about the hot water Allstate found itself in with the state of Florida. This week, we look to Mississippi where Attorney General Jim Hood has opened a new hurricane Katrina related criminal investigation of State Farm, which he says is different from the earlier ?crimes against policyholders? investigation...

Do You Have a Case Against a Doctor When Her Assistant Licks Your Toes?

Posted on January 24, 2008
The New York Personal Injury Lawyer Blog tipped me off to an article in the Chicago Tribune last week about a patient who filed a lawsuit against her eye doctor and his assistant alleging that the patient's toes were licked during her eye exam by the doctor?s assistant in Skokie, Illinois...

New St. Jude Defibrillator Leads Approved

Posted on January 24, 2008
Medical device maker St. Jude Medical reported that regulators both here and in Europe have approved its new Durata lead wires, which attach implantable defibrillators to the heart and regulate heart beat. Ostensibly, the Durata leads have a softer tip and slightly curved coil that will make these defibrillator leads more flexible and durable...

Celebrity Medical Malpractice Cases

Posted on January 23, 2008
The wife of former Dallas Cowboys running back Ron Springs has filed a medical malpractice lawsuit against two Texas doctors she accuses of letting him slip into a coma, leaving him mentally and physically incapacitated. Springs? case is a wonderful story with a tragic ending...

Article on Medical Malpractice in the New Yorker

Posted on January 22, 2008
How many times have you Googled for one purpose and then found something interesting completely unrelated to what you were looking for? This weekend, looking for something completely unrelated, I found a New Yorker article from two years ago on medical malpractice in the comments section of a blog...

Should You Bring Your Expert Witnesses Live to Trial?

Posted on January 21, 2008
No blog post today on the Maryland Injury Lawyer Blog but I did put up a post today on the Trial Lawyers Resource Center Blog discussing the circumstances under which a videotaped deposition of an expert might be preferable to bringing the expert live at trial...

West Virginia Supreme Court Justice Elliott E. Maynard's Conflict of Interest

Posted on January 15, 2008
There is an interesting story today in the New York Times on the chief justice of the West Virginia Supreme Court, Elliott E. Maynard, and his relationship with coal-company executive Don L. Blankenship. Apparently, these two met ?accidentally? in Monte Carlo in the summer of 2006, sharing several meals even as the coal executive?s company was appealing a $76...

Loss of Vision in One Eye: Case Values in Maryland, Virginia, and Washington D.C.

Posted on January 14, 2008
Metro Verdicts Monthly has a graph in this month?s issue that reflects the median verdicts and settlements when the injury victim loses vision in one eye in Washington, D.C., Maryland, and Virginia. The median for the loss of vision in one eye in Maryland is $231,000...

Welcome to 2008: Jurors on the Internet

Posted on January 14, 2008
I read an interesting article in The Oregonian on Sunday discussing the growing phenomenon of jurors turning to the Internet for information while the jury is still deliberating. The article was precipitated by an Oregon DWI criminal case involving reality TV star Matt Roloff (who I have never heard of and cannot muster up the energy to Google)...

Medtronic Recall: Comment on Wall Street Journal Editorial

Posted on January 10, 2008
An editorial in the Wall Street Journal last week discusses the Medtronic recall of its Sprint Fidelis defibrillator leads. On October 15, 2007, due to reports of at least five patient deaths associated with defects in its Sprint Fidelis defibrillator leads, Medtronic withdrew from the market all defibrillators with those leads...

Shortage of Doctors in Maryland?

Posted on January 09, 2008
The Washington Post and the Baltimore Sun wrote yesterday about a new report that Maryland faces a doctor shortage that may well become severe by 2015. We already have a shortage of doctors and things will get worse? I don?t know anyone ? family, friend or client ? who could not find a medical doctor when they needed one...

New Maryland Court of Special Appeals Ruling on Wrongful Death Medical Malpractice Case

Posted on January 08, 2008
The Maryland Court of Special Appeals found in a 2-1 decision last month that a reduction of 30 percent in the survival chances of a woman with uterine cancer as the result of medical malpractice is not actionable as a matter of Maryland law. Marcantonio v...

Seroquel Lawsuits: The Problem with Off-Label Use of Seroquel

Posted on January 07, 2008
Seroquel (generic quetiapine fumarate), is an antipsychotic medication manufactured by AstraZenica. The drug was approved in 1997 for treatment of schizophrenia, but additional off-label uses to treat anxiety, obsessive compulsive disorders, dementia and autism are where the big money is for AstraZenica...

We Agreed to It But You Can?t Enforce It Because It Is Unethical: The Vioxx Settlement

Posted on January 07, 2008
Plaintiffs? lawyers in the Vioxx litigation are running away from a key term in an agreement that was signed about twenty minutes ago ? the requirement that plaintiffs? lawyers advise either all or none of their clients to accept the deal. Think about that for a second...

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