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How Much Will the Baltimore Stent Plaintiffs Get?

By Byron Warnken, on May 2, 2013

That’s the question on a lot of people’s minds.  The answer, however, may very well remain unanswered.  The Baltimore Sun is reporting the stent related lawsuits against Mark Midei, St. Joe’s Hospital, and Catholic Health Initiatives have been settled.  It’s unclear if all suits have been settled, or simply a portion.  Plaintiff attorney Jay Miller of Miller, Murtha & Psoras in the Lutherville area was listed in the article.

WBAL is reporting the same and has spoken with Jay Miller.  Miller used to word “successful” to describe the resolution.  St. Joe’s was purchased by University of Maryland Medical System not long ago.  The lawsuits didn’t go with them.  Catholic remains on the hook.

If I had to guess, I’d estimate $40,000ish per plaintiff.  That’s based on nothing other than gut feel.  Duty – Breach – Liability I think is relatively clear.  Damages, on the other hand, are less than clear.  I simply don’t understand the extent of the harm.  This is not to suggest, in any way, there is not harm.  The harm, however, from my understanding, does not extend to death or long-term disability.

Just last week, the Fourth Circuit Court of Appeals in Richmond upheld the conviction of a Salisbury doctor criminally charged for similar circumstances.  Medicare was billed for procedures deemed unnecessary.  According to the Washington Post, the cardiologist, Dr. John McLean, was convicted of fraud in late 2011.  He got a roughly eight year sentence.  McLean was with Peninsula Regional Medical Center.  I do not believe Midei has been charged, though I am unsure of that fact.

 

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