The following item in this regard happened in a state other than Maryland, but it could easily have happened here. A 54-year-old man was wending his way through a warehouse style supermarket up in Connecticut in December 2009 when a stack of cans came down on him. He's now suing the chain for the personal injuries he suffered.
]]> Specifically what happened is spelled out in his suit. According to court documents, the man claims he was at a Price Rite grocery store and reached for a can of tomato sauce. But when he picked one up, down came the whole stack on top of him. The mass of cans hit him in the face and he says he lost his footing and fell to the floor, hitting his head. He suffered a cut on his nose, a bruised head and injured his back.As a result of his injuries, the man incurred bills for ambulance transportation, medical diagnosis and treatment. He says he also lost work time and is now unable to do some of the things he was able to do before the accident. He seeks reimbursement for all of that in an amount in excess of $15,000. The actual amount being sought hasn't been specified.
The man claims that Price Rite should have known about the unsafe situation posed by the stacked cartons and that the company failed to adequately protect or warn its patrons of the possible danger.
Source: Hartford Courant, "Lawsuit Claims Man Injured By Crashing Cans Of Tomato Sauce," Denise Buffa, Jan. 10, 2012
]]>Officials say the man was working on a line along Hunter Mill Road and the Washington and Old Dominion Trail in Fairfax Tuesday afternoon when a spark from the high voltage line arced to his body. The power company says it's investigating the matter. Besides the serious injuries suffered by the contractor, power was knocked out for a time to some 5,000 customers.
]]> A flashover is a major hazard around high voltage lines. According to Wikipedia, just shutting off the power isn't enough to avoid trouble. The mere step of d-energizing the line can create an arcing hazard that can result in burns that can melt materials, destroy insulators and spark fires.There are no indications that anyone witnessed what happened in this instance. A passerby reportedly called authorities about the emergency after seeing the contractor unconscious in his aerial bucket.
Individuals who suffer serious work injuries may know that workers' compensation is the vehicle through which they and their families aren't left in a lurch after an accident. What many may not know is that compensation may be obtainable through sources other than an employer's workers' compensation coverage plan. To protect the fullness of your rights after a work accident, commit to contacting an experienced attorney.
Source: WNEW-FM, "Worker Badly Burned On Power Lines In Fairfax; Thousands Lost Power," Jan. 31, 2012
]]>As it happens, January is National Birth Defects Prevention Month. That means that public health officials are stepping up efforts to elevate awareness among the general public and health care professionals about the issue. The hope is to limit risks of congenital heart troubles. Accurate diagnosis and adequate care are seen as key in countering complications from prenatal care negligence.
]]> Statistically, these kinds of birth defects are rated as the leading cause of infant mortality in the United States. Official figures indicate that they account for nearly 1 in 25 births. Health officials note that some are preventable if mothers can be guided in following a healthy lifestyle plan and get essential medical treatments ahead of and during pregnancies. They say monitoring and proper use of medications can be important too.All these awareness efforts are offered under the aegis of the National Birth Defects Prevention Network. The national organization offers the following tips that women who are pregnant, or who become pregnant, should follow:
Source: The Daily Jeffersonian, "National Birth Defects Prevention Month raises attention," Jan. 26, 2012
]]>Authorities say the incident happened at 7 a.m. on Jan. 6 on Oxen Hill Road. They say Michael Thomas and Mildred Freeman were standing about midway across an intersection when they were struck down by a car. The driver of the vehicle just kept on going. The victims were taken to an area hospital for treatment but died from their injuries.
]]> Last week, police announced that have identified the vehicle that struck the couple. They say it was a dark-colored Chevrolet, either a Cavalier model or a Geo Prizm. While news reports don't explain how authorities have been able to narrow down the list of possible vehicles, it seems likely that they might have made the determination based on an analysis of paint samples found at the accident. They say the vehicle probably will have suffered a damaged grill or headlight.Officials say they continue their investigation and are inviting anyone who thinks they may know something about the case to contact the Prince George's County Police Department's Collision Analysis and Reconstruction Unit at 301-306-5640.
In addition to the deep sadness of this incident, this story reflects the complexity that can be associated with trying to get to the bottom of hit-and-run cases. That complexity can make it difficult for those who have lost loved ones through wrongful death to know how to proceed. Contacting an attorney can help.
Source: Gazette.net, "Vehicle identified in Oxon Hill hit-and-run that killed two," Mimi Liu, Jan. 19, 2012
]]>Many people aren't set to face such catastrophic situations on their own. Insurance coverage can help, but very often the insurance companies don't want to acknowledge their responsibility to pay for personal injuries or wrongful deaths. Holding them accountable may require the help of an attorney.
]]> Hopefully that won't prove to be the case for a 46-year-old Baltimore area man. He was struck by a subway train at Lexington Market Station earlier this month after his wheelchair somehow got onto the tracks. At last word, the Maryland Transit Administration reported that the man was being treated for injuries that are not considered to be life threatening.An official with the MTA says they have no idea how the man got onto the tracks in the first place. They say the accident occurred in mid afternoon that day. An eastbound train approached the station and, while the operator saw the man on the tracks, officials say the train didn't stop in time to avoid a collision. They say the man became trapped under the first car and it took emergency workers nearly an hour to get him free.
He was taken to the University of Maryland Shock Trauma Center in Baltimore where the MTA says he was treated for cuts and bruises.
Source: The Baltimore Sun, "Man in wheelchair rescued from under subway car," Candus Thomson, Steve Kilar, Jan. 11, 2012
]]>The incidents sparked such concern about possible personal injury and wrongful death that on Dec. 12, police came out with safety guidelines on what pedestrians could do to keep themselves safe. Most of the suggestions dealt with the dangers of walking in the street or on roads. Walking on sidewalks didn't get a lot of attention. Who about being struck by a car when they're walking where they're supposed to?
]]> That might be what has been going through the minds of an elderly Kensington couple since a confrontation with death on New Year's Day. According to police, the couple was walking along Summit Avenue in the bright light of mid morning when a car jumped the curb and hit them. Richard Whalen, 77, and Dorothy Whalen, 74, suffered serious injuries and were rushed to the hospital.The driver of the car, a 68-year-old Germantown woman was hospitalized with less serious injuries. As of the writing of this post there's no new word on how any of the three are doing, or whether any charges have been filed in the case.
The accident is not isolated. As we've noted, there were the accidents early in December that prompted police to launch their awareness effort. There's also the case of a 59-year-old Silver Spring man. Police say he was waiting for a bus on Veirs Mill Road on Dec. 17 when a car left the road and killed him. Another pedestrian was killed on Veirs Mill Road later that night.
Source: The Washington Post, "Car jumps curb, injures couple in Montgomery," Martin Weil, Jan. 2, 2012
]]>The Frederick County Sheriff's Office says that 18-year-old Brandon E. Herbert died in a car accident in the early morning hours of Saturday along Black Road near Eylers Valley Flint Road. Officials say they received a call about a body in the road and responded. When they got there, they found Herbert's body. He appeared to have suffered injuries in a vehicle crash, but there was no vehicle around. They did find car damage debris and skid marks in the area. Today, friends and relatives wonder about the wrongful death.
]]> Authorities say they learned that Herbert had been with a friend, Seth B. Fisher, 18, the night of his death. They tracked Fisher down at his home and found a pickup truck with damage that they say was consistent with what was at the crash scene. Police tried knocking, but got no answer. And when they looked in a window they saw a man with a serious head injury inside. Officials say it was Fisher and he appeared to have a shot himself. He was rushed to a hospital and was reported in critical condition as of Monday.The investigation into exactly what happened is ongoing. Officials say Herbert's body is in Baltimore for an autopsy.
Meanwhile, the community of Thurmont is said to be wrestling with questions over how this all came about.
Source: The Herald-Mail, "Thurmont man treated for gunshot wound after friend found dead in roadway," Dan Dearth, Jan. 16, 2012
]]>Making sure that the devices we use to get around in a building are safe is part of the responsibility of every property owner. If they fail in that duty, victims of personal injury or wrongful death have a right to be compensated so that they can get the care and support they need to recover their lives.
]]> This subject is in the spotlight now as a result of a series of complaints that have been filed against a New York City elevator service company. In one of the cases, a Plaza Hotel housekeeper claims she broke bones in her foot when a freight elevator the company is responsible for she was on suddenly descended and then jerked to a stop.In another, the company had allegedly finished servicing an elevator in a Manhattan tower when, hours later, it suddenly shot up. Apparently, a woman was just getting on board when this happened. She was pinned between the elevator and the shaft wall. She died.
In yet another case dating back to 2007, a man is claiming that he was injured when he stepped into an unguarded open elevator shaft. The good news is that he was on the ground floor. The bad news is that he still fell 20 feet to the concrete floor below.
These and other complaints have led to a whole string of lawsuits against the company. In response to several of the suits the service company has denied the allegations. It has sought to have some cases dismissed or it has countered that the injured plaintiff was at least partly to blame for what happened.
In the case of the woman who died last month, the company says only that it's cooperating with investigators.
Source: Bloomberg, "Plaza Injury Suit Latest Against Company Tied to Manhattan Elevator Death," David McLaughlin, Dec, 29, 2011
]]>Vaginal mesh is either synthetic or biological mesh commonly implanted in women to shore up weakened internal tissue. It's often used to remedy pelvic organ prolapse in which organs begin to squeeze into the vagina. It is also used to help ease incontinence from overactive bladders. In recent years there has been an uptick in reported personal injury from mesh deteriorating into the vagina or causing bleeding and infection.
]]> In July, the FDA issued a warning about the mesh saying that it may be more dangerous to patients than other traditionally used remedies. More recently, the agency said that it's received more than 1,500 reports of mesh problems between 2008 and 2010. That's more than five times the rate of troubles reported from 2005 to 2007.This week, regulators informed 35 manufacturers of mesh, including Boston Scientific and Johnson & Johnson, that it wants a formal three-year study done on thousands of women to find out how severe the side effects are and to assess whether mesh is really better than some other treatments at improving women's quality of life.
The FDA has also received recommendations that clinical trials be made mandatory before giving mesh products for sale, something that isn't required now.
Surgical mesh has been around for decades. It started being used in the 1950s to repair abdominal hernias. In the 1990s, use of the mesh expanded to treat POP and incontinence and the surgical implants have continued on the rise since.
As reported problems have begun to mount, so have the number of lawsuits over transvaginal mesh. One attorney representing a number of women plaintiffs says mesh devices have been allowed on the market without serious testing and he hopes the suits will change that.
Source: Reuters, "FDA wants new studies on surgical mesh implants," Anna Yukhananov, Jan. 5, 2012
]]>There are laws intended to ensure workplace safety and there are agencies to enforce them. In Maryland, we have the Division of Occupational Safety and Health. In Washington, there's the Occupational Safety and Health Administration.
]]> Recently, officials at OSHA reported that fines against companies with serious workplace safety violations went up in fiscal 2011. It wasn't necessarily because of increased infractions. Rather, officials say they adjusted the rates for fines upward. The result was that average penalties rose from about $1,000 in 2010 to more than $2,100 in 2011. That represents a 102 percent increase. It also compares with the average $998 fine that was imposed in 2008 during the Bush administration.Despite the increase, the penalties are still not high enough as far as Assistant Secretary of Labor David Michaels is concerned. He says the maximum penalty possible for a serious violation is $7,000. But as he puts it, "We give out citations associated with fatalities for a few thousand dollars."
Michaels offered the statistics during a meeting last month of OSHA's Advisory Committee on Construction Safety and Health. In defense of the fine hikes, Michaels said the move toward maximizing the penalties for safety violations has the effect of punishing violating companies, but also sending a message about the need for safety to whole industries.
Source: BNA.com, "Fines for Serious Violations Double in 2011; Number of OSHA Inspections Drops Slightly," Bruce Rolfsen, Jan. 5, 2012
]]>The finding, announced earlier this month, is only the first to come from the group. Its members were appointed in 2005 to look into possible health threats from C8 as part of a settlement of a class action against chemical giant DuPont. More findings are expected to come through the first half of 2012. Maryland personal injury lawyers with experience in birth injuries are following the story.
]]> C8, or perfluorooctanic acid, is suspected to be linked to an array of human diseases including adult thyroid disease, elevated cholesterol and liver disfunction. A DuPont website says it's used as part of the process in making Teflon and other non-stick products.Residents from around a DuPont plant in West Virginia filed suit after it was discovered that C8 had leached into their water supplies. In early 2005, the company and the claimants reached a settlement. So far, the company has reportedly paid out more than $90 million for research into dangers of C8 and for the installation of water filtering systems.
Depending on the eventual findings of the science panel, DuPont could be on the hook for up to an additional $235 million to pay for ongoing medical monitoring of those involved in the class action.
As noted at the start of this post, the scientific panel indicates there is a probable link between C8 and pregnancy induced hypertension. PIH doesn't necessarily cause any problems for birth of a baby, but if it's left untreated during pregnancy it can result in a low-weight child. It pays to be aware if a mom-to-be develops the condition because it can also cause significant health problems for the mother.
Source: The West Virginia Record, "C8 panel finds link between DuPont chemical, preeclampsia," Jessica M. Karmasek, Dec. 6, 2011
]]>Just last week, a Maryland State Police trooper became a victim. According to news reports about the incident, the officer was at the scene of a crash at Ballenger Center Driver east of highway 351 in Frederick last Wednesday. Officials say he was out of his vehicle investigating when another car came along and struck him. He was left pinned against his police vehicle by the second car.
]]> Police say the officer was flown by police helicopter to R Adams Cowley Shock Trauma Center in Baltimore. Apparently his injuries weren't significantly serious because he was treated and released that night.Speaking to reporters later, a spokesman for the police defended the airlift decision. "His injuries were bad enough or could have been bad enough that he needed to be flown to shock trauma," the official said. "It had nothing to do with him being a trooper. Anyone would have gotten the same treatment."
At the time this post is being written there is no word that anyone has been charged in connection with the incident. Authorities are reportedly continuing to investigate both crashes.
Source: Fredrick News-Post, "Trooper struck by car," Cara R. Anthony, Dec. 22, 2011
]]>According to the complaint filed earlier this month in Carroll County Circuit Court, young Noah Asid was part of a group of children that was out hiking at the camp during a holiday break. It was Dec. 29. The wind was blowing hard and it was cold out. As they were making their way around the grounds, a 100-foot tree came down and struck Noah. He fell unconscious and suffered a severe head wound. He died two days later at Johns Hopkins Hospital.
]]> Noah's mother and paternal grandparents allege that the camp's managers were negligent by not providing a safe environment for the outing. Their suit cites Maryland Department of Natural Resources findings that determined that the tree came down because a combination of decay in the tree and the high winds that day.As further evidence of the alleged negligence, the suit raises questions about why camp managers had cleared deadwood from around structures at the facility, but not from the trails. It also points out that weather conditions on the day of the incident were such that the children shouldn't have been outside at all. It was 28 degrees and there was an advisory out for high winds, with gusts of up to 35 mph.
The relatives of Noah are seeking $12 million in compensation for their loss.
What makes this case particularly sad is that Noah was his mother's only child.
Source: The Baltimore Sun, "Family of boy killed by falling tree at camp sues Carroll Co.," Arthur Hirsch, Dec. 7, 2011
]]>In this case, the parents of two siblings are suing the school system alleging that school officials have been grossly negligent by failing to maintain a safe environment against bullying. In one instance, the bullying was against a special-needs boy. The parents say school officials failed to maintain a safe educational environment for him.
]]> According to the suit before a Baltimore jury, the parents claim that their son and his older sister were hounded by bullies at Hazelwood and Glenmount elementary schools during a two-year period. They say it continued despite the filing of complaints.The parents are seeking $1.3 million in damages from the school system and the principals of the two schools. The mother and father say that between 2008 and 2010, bullying was so severe that their son had to be hospitalized for mental and physical abuse. To protect their children, they incurred costs to home school them and eventually enrolled one of them in private school.
The alleged abuse included an instance when the boy was choked to unconsciousness when he was in first grade and another when he was beaten up in the second grade. The older daughter is said to have been the target of verbal and physical abuse when she was in fifth grade. She suffered thefts and destruction of her personal property. Her parents say she got targeted because she was defending her brain-injured brother.
A lawyer for the school board indicated in his opening statement that he would show that the worst of the supposed attacks never happened.
As a side note, the Baltimore City school system has seen a 150 percent increase in reported cases of bullying since April 2010. Officials attribute that to elevated awareness about bullying, rather than an actual increase in bullying activity.
Source: The Baltimore Sun, "Bullying suit against city schools goes to trial," Erica L. Green, Dec. 15, 2011
]]>The parents of a 17-year-old Woodstock high school girl are looking to make just that point. As the girl's mother put it recently, "I am trying to make people aware that a routine visit to the dentist or an oral surgeon can turn out to be anything but routine." The parents look to spotlight that message through a medical malpractice suit against the anesthesiologist and the oral surgeon involved.
]]> According to documents filed for the case, the girl died in April, 10 days after she had gone to a Columbia dental practice for wisdom tooth surgery. At one point during the procedure, the girl's heart rate slowed to dangerously low levels, starving her brain of oxygen.The top medical examiner for Maryland says that the girl eventually went into hypoxic arrest and emergency responders were called and then the anesthesiologist began attempting resuscitation efforts. She went into a coma. An autopsy determined that she died days later due to deprivation of oxygen.
The parents' suit claims that the anesthesiologist's resuscitation effort came too late and that she and the oral surgeon should have acted sooner. It says their daughter had no pulse and that precious minutes were lost between the start of resuscitation and when emergency responders were finally able to regain a pulse. The brain damage done, the suit says, was massive and irreversible.
At first, the parents accepted the official finding that the death was accidental. The mother said her view initially was that what happened was a freak thing. But she says she changed her mind after reading the official reports and medical records on the case.
In addition to the lawsuit, the mother of the girl has become involved in a charitable organization that seeks to promote dental safety nationwide. Her daughter is listed as one of 36 young people who have died as a result of dental-related mishaps since 1974.
Source: The Baltimore Sun, "Parents of student who died after dental surgery sue for malpractice," Kevin Rector, Dec. 13, 2011
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