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Would $650,000 be enough for you to get cerebral palsy?

By Byron Warnken, on December 2, 2013

Last Week’s Maryland Verdicts, Decisions, and Lawsuits

Giles Manley and Janet, Jenner & Suggs Win $9.5 Million Med Mal Case

A jury in Upper Marlboro, MD has found the emergency room at Laurel Regional Hospital liable for a child’s cerebral palsy.  The case occurred because the ER and its personnel did not treat signs of infection quickly enough.  The trial lasted 11 days.

Of the $9.5 million in total compensation, $5 million is for future medical expenses and $1.5 million is for future lost earnings.  The remaining $3 million is for non-economic damages.  The non-economic damages will be reduced to $650,000.  Assuming that the future medical care actually does cost $5 million and the other $1.5 covers the cost to live a life (because you can’t pay for yourself when you have cerebral palsy), that means 8 year old Desirae Gregg was paid $650,000 to get cerebral palsy.

Would $650,000 be enough for you to get cerebral palsy?

Manley practices with attorney Rob Jenner and Howard Janet, among others.  In total, the firm lists more than 20 lawyers.  Their primary offices are in Pikesville, MD, though Pikesville shares a zip code with Baltimore.  Some consider the firm among the best medical malpractice lawyers in Baltimore.

It seems as though waiting too long, or not acting quick enough to treat a condition is an extremely common cause of medical malpractice.  The doctor didn’t treat soon enough is a common refrain in medical negligence cases.

BJ’s Wholesale’s Waiver Allows Them to Operate Unsafe Playgrounds

Maryland’s Court of Appeals has ruled that BJ’s Wholesale Club does not have to pay for the medical care of a child who was injured after sustaining a serious head injury at one of their playgrounds.  The reason: the parent’s signed a waiver.

If I’m the child, all I know is I’m pissed my parents are so stupid.  And I can’t get compensated because my parents are stupid.  That doesn’t seem right.  Looks like not only did I fall off the playground onto thinly coated concrete and crack my head open, but I have to live with stupid people too.

Oh wait, maybe it isn’t my parents fault after all.  Maybe they put up the playground so that my parents will go inside and spend their paycheck buying food for me.  Maybe they should have been allowed to think that “yeah, we signed the waiver, but clearly they keep the playground safe and properly supervised.”

Maybe they do and maybe they don’t.  I don’t know.  But it seems like they want the benefit of a playground – parents spending paychecks, without the potential risk – perfectly safe playground or pay for medical care.

Lead Paint Lawsuit Permitted to Move Forward

In other Maryland Court of Appeals news, “alleged victims of lead-paint poisoning in Baltimore need not notify their former landlords before conducting lead-paint tests unless the landlords still own or control the property.” – http://thedailyrecord.com/2013/11/26/court-of-appeals-revives-lead-paint-lawsuit/

Brian Brown of Saul Kerpelman & Associates won the case at the Court of Appeals.

Steve Silverman Files Suit on Behalf of Former NHL Players

Finally, a press release last week indicated Steve Silverman of Silverman, Thompson, Slutkin & White has filed suit on behalf of former NHL players for injuries sustained while playing professional ice hockey.  The press release quotes a former player who states players were kept in the dark about the risks of concussions and head injuries.

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