The Injury Litigation Blog

Facts and Opinions.
Feel free to disregard the opinions.

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

By Byron Warnken

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.

Sources:

Should Tort Reform Include Capping Insurance Company Profits?

By Byron Warnken

I’m not sure exactly why businesses suggest we need tort reform.  I think a large part of the thinking revolves around insurance premiums being so high.  Premiums are so high.  The cost of lawsuits is so substantial. I think that’s what they talk about. I am a person who likes to make sense out of […]

You Know Doctors Get Paid by the Test, Right?

By Byron Warnken

I have friends who are doctors.  My doctors are doctors.  I have neighbors who are doctors.  My son has a peanut allergy.  Doctors help keep him healthy.  I have nothing against doctors. But doctors are people.  With shortcomings and frailties and needs and even a tinge of greed.  Doctors are people.  They have the good […]

Ineffective Government, Ineffective Regulation

By Byron Warnken

Even in the best of times for the government, I generally view plaintiffs’ lawyers as the new regulators.  Government regulation is generally underfunded at best, corrupt at its worst.  And now, things have gone from bad to worse.  With a government shutdown, absurdly partisan fights, and whispers of default, you can only imagine that subtle […]

Lawsuits Against the Baltimore Ravens

By Byron Warnken

The Baltimore Ravens, as with most large organizations, are involved in their share of lawsuits.  A general search of “Baltimore Ravens” on Maryland Case Search reveals 173 total entries.  Of these, 130 are in circuit court.  (In Maryland, circuit court involves disputes of higher dollar value than district court.)  When searching only for the Baltimore […]

Up and Comer: John Cord

By Byron Warnken

Before law school, John Cord thought he was going to be a defense lawyer.  Perhaps even medical malpractice defense.  As the brother of a doctor, John didn’t think representing the injured was his path. Immediately after law school, however, John went to work for Rob Jenner of Janet, Jenner & Suggs in Pikesville and the […]

Details of Settlement Published – $35 Million for Stent Patients

By Byron Warnken

One week ago, the Baltimore Business Journal, reported the details of a settlement previously announced by Jay Miller of Miller, Murtha, & Psoras.  The settlement totaled $35.25 million.  The article states the injured “could receive a total of $35.25 million.”  Nothing in the article indicates anything about what the conditions for that sum to be […]

Maryland Appellate Courts Hand Down Slew of Defense Oriented Opinions

By Byron Warnken

The Maryland Court of Appeals and the Maryland Court of Special Appeals have published a number of defense oriented opinions in Maryland civil injury cases, just in the last two weeks.  For lay people, this means the injury lawyers on InjuryLawyerDatabase.com are losing cases.  In fact, they are losing cases previously won at the trial […]