Washington DC Injury Lawyer Blog

Maryland Court Applies “Damages Cap” to Police Brutality Case, Reducing Damages from over $11 Million to Just $400,000

April 21, 2015 | Lebowitz & Mzhen

Earlier this year, in a pivotal case regarding the application of damages caps to alleged violations of the Maryland State Constitution by state actors, one Maryland circuit court reduced the damages received by a deceased man’s estate from $11 million to just $400,000.

The Facts of the Case

Back in 2008, the deceased person was on his porch having a drink with a friend when a police officer drove by and suspected the men of drinking alcoholic beverages outside, which was against the law. The officer allegedly drove by twice before getting out of his car and approaching the men. As the men got up and went inside the apartment, the officer followed, using his master key to the apartment complex.

Once inside, accounts of what exactly occurred differ. However, what is known for certain is that one of the two men was killed and his son arrested after he came to his father’s aid.

Ambulance Response Times in D.C Cause Concern

April 14, 2015 | Lebowitz & Mzhen

There have been several recent incidents where slow ambulance response times resulted in seriously injured individuals having to wait a significant amount of time before receiving any type of emergency treatment. One Washington D.C. news source reported that during one week in March there were three incidents where injured people had to wait over 20 minutes before an ambulance arrived.

In the first incident, an injured police officer called for an ambulance. However, it never arrived. Finally, fellow officers ended up taking the injured officer to the hospital. D.C.’s 911 center stated that unfortunately there were no ambulances available when the officer called for assistance. After the fact, the center claimed that generally ambulances should arrive within eight minutes of dispatch.

That same week, a motorcycle crashed into a car and became airborne as it was leaving a garage near 7th and E streets. The man suffered serious injuries, yet ambulances did not arrive until about 22 minutes after they were called to the scene. Finally, an individual was stabbed in southeast D.C. and needed emergency medical treatment. That victim had to wait almost 30 minutes for an ambulance to arrive.

NFL Adopts New Safety Rule in Face of Pending Litigation

April 7, 2015 | Lebowitz & Mzhen

Earlier this month, the National Football League adopted a new rule that allows a medical professional on the sidelines to pause the game and determine if a player should be assessed for a concussion. The new rule was announced amidst settlement negotiations between the NFL and a class of about 5,000 players who claim that the League failed to take adequate precautions to prevent brain injuries, including concussions.

According to a recent article by ESPN, many in the sports world are applauding the measure, explaining that it will almost certainly prevent at least some of the head injuries that occur in the league.

How the New NFL Rule Works

According to the ESPN report, the new rule will work as follows:

An official in a booth on the sideline keeps an eye on players during the game, pausing the game if he believes that the player may have sustained a concussion.
The game’s clock will then stop and remain frozen during the pendency of the examination.
The injured player’s team will be given an opportunity to substitute in another player, and the opposing team will then be allowed to substitute a match-up, if necessary.
At no point will coaches be allowed onto the field, and there will be no headset communication permitted. Also, no players will be allowed to the sideline unless they are being substituted out.
The player in question will then undergo an evaluation and, depending on the result, may or may not return to play for the rest of the game.

Maryland Appellate Court Denies Hospital’s Appeal in Glen Burnie Birth Injury Case

March 24, 2015 | Lebowitz & Mzhen

Earlier this month, Maryland’s highest court rejected a final appeal by MedStar Harbor Hospital in a birth-injury case that resulted in a $20.6 million verdict against the hospital. According to a recent article by the Baltimore Sun, the family of a boy born with cerebral palsy and other severe disabilities will receive the $20.6 million figure plus interest since the original verdict was rendered back in 2012.

Evidently, the birth injury was caused when the young boy was deprived of oxygen at birth. Rather than perform a cesarean section, the delivering physician opted for a prolonged vaginal birth.

After his birth in 2002, the boy had to undergo a series of major surgeries in order to regain movement in his limbs. Even after those surgeries, he still only has limited use of his limbs. His parents have been forced to work opposite shifts so that one of them can always remain home with their son.

Paul Ryan’s Chief of Staff Involved in Car Wreck, Accident Victim Seeks Compensation from Ryan

March 17, 2015 | Lebowitz & Mzhen

Last year, one man and his passenger were injured in a car accident involving U.S. Representative Paul Ryan’s (R-WI) chief of staff on Interstate 395. Ryan’s chief of staff was driving Ryan’s car at the time. Earlier this month, the two injured in the accident filed suit against both Ryan and his chief of staff claiming that driver at the time was following too closely, resulting in the accident. Paul Ryan was not in the car at the time of the accident.

According to a recent news report by 4 NBC Washington, the accident occurred on I-395 when Ryan’s vehicle crashed into the back of the accident victim’s vehicle. No one suffered serious or life-threatening injuries. However, the driver and his passenger both sustained a “closed head injury” and reported nausea and a concussion.

Recently, the two filed suit in U.S. District Court in Washington, D.C. against both Ryan and his chief of staff. According to the news article, the U.S. Department of Justice is defending the suit against Ryan because he is a federal government employee. The Department has filed an answer to the complaint, claiming that the government is immune from suit and that it should be dismissed.

NFL Concussion Lawsuit Blazes the Trail for Similar Lawsuit Against NHL

March 10, 2015 | Lebowitz & Mzhen

Earlier last year and throughout this year, the NFL has been involved in a lawsuit brought by a number of former players alleging that the league failed to take adequate precautions to protect the players from concussions and related head injuries. According to one news source, recently a group of NHL players have piggy-backed on that same idea and have filed a lawsuit against the NHL making similar allegations.

The lawsuit specifically alleges that the NHL withheld information about the long-term effects of the head injuries that can occur from playing in the NHL. Originating back in early 2014, the NHL concussion lawsuit has recently been picking up steam with the publicity surrounding the NFL litigation. In fact, just recently 29 former players joined the lawsuit.

Like many deceased players formerly in the NFL, it is surmised that several NHL players have chronic traumatic encephalopathy (CTE), which is a disease of the brain that can only be diagnosed post-mortem. Consistent with a CTE diagnosis, the lawsuit points to several players who died at young ages from suicide.

Maryland Student Faces Criminal Charges for “Party Drug” Distribution, Civil Claims May Follow

March 3, 2015 | Lebowitz & Mzhen

Earlier last month in Middleton, Connecticut, a Maryland student and two others at Wesleyan University were charged with the distribution of “Molly,” a popular party drug. According to one local Maryland news source, those who purchased and used the drugs became seriously ill. In fact, at the time of the article’s publication, two of the students who purchased pills from the defendant were still hospitalized.

Evidently, the bad drugs caused serious reactions in 11 students on Wesleyan’s campus. All of those injured by the dangerous drugs were attending a “rave” party where they took the drugs. One of the two who were most seriously injured was admitted to the hospital with no vital signs. He was only revived after emergency personnel arrived and performed six defibrillator shocks and numerous chest compressions.

The Maryland student, and his three counterparts, are all facing criminal charges for the distribution of the drugs. The police chief overseeing the investigation explained to reporters that “this particular batch may have had a mixture of several kinds of designer drug chemicals, making the health risks unpredictable and treatment to combat the effects complex and problematic.”

Chinatown Accident Kills One and Injures Several Others in Northwest DC

February 24, 2015 | Lebowitz & Mzhen

Earlier this week in the Chinatown area of Washington, D.C., one man was killed when an SUV rolled over him, pinning him underneath until emergency responders were able to free him. According to one local news report, the accident occurred at H Street between 4th and 5th Streets.

Evidently, the driver of an SUV was speeding down H Street towards 5th Street when he lost control of the vehicle. The SUV began to roll and collided with a traffic-light pole, which came crashing down into a nearby building. After going through the pole, the vehicle continued until it hit a wall, causing it to rotate. Ultimately, the SUV came to a rest on top of a pedestrian. At some point in the SUV’s tumble, it collided with another person as well.

The man pinned underneath the SUV was pronounced dead at the scene. The driver of the SUV, as well as the other pedestrian who was hit by the SUV, are both in the hospital with serious but non-life-threatening injuries. Police are currently conducting an investigation into the fatal accident, and charges are pending against the driver of the SUV.

Student Loses Slip-and-Fall Against School for Failing to Prove School’s Negligence

February 17, 2015 | Lebowitz & Mzhen

Earlier this year, the Wyoming Supreme Court heard a case brought by an eighth-grade student against her middle school. The student, who slipped and fell while changing after a mandatory swimming class, claimed that the school was negligent “in the operation and maintenance” of the school’s locker room, where the accident occurred. After the fall, the girl was diagnosed with disc herniation in her lumbar spine and had to undergo three corrective surgeries as a result.

According to court documents, the girl pointed to the inadequate draining in the shower area as evidence of the school’s negligence. Evidently, the drain was backing up, and water from the shower area spilled over into the changing area, where the girl slipped as she approached a friend to borrow a comb.

The School’s Response to the Lawsuit

In response to the allegations brought forth by the girl, the school claimed that it was not negligent in failing to maintain a safe locker room. Specifically, the school claimed that it could not be held liable for the dangerous condition (the slippery floor) because it had no notice that the condition existed in the first place. Alternatively, the school claimed that it was immune from suit under local Wyoming law.

Yet Another Modification to the NFL Concussion Settlement Proposal

February 10, 2015 | Lebowitz & Mzhen

For the past several years, the NFL has been in settlement negotiations with a class of over 5,000 players who allege the league misled them as to the effects of repeated traumatic head injuries. In recent news, according to one news report, the judge asked the parties to go back to the drawing board again earlier this month because the proposed $765 million settlement was insufficient in several ways.

While the settlement was approved by about 99% of the class of injured NFL players, the offer failed to adequately compensate those who suffered from CTE, a disease of the brain that is only diagnosable after death. For the families of these players who died with the disease, the settlement offered to pay them up to $4 million. However, for living players with the symptoms of CTE, the players stood to get nothing in the settlement.

The judge’s most recent order requests that the parties go back to the drawing board to include some form of “reasonable accommodation” for those players who cannot produce medical records supporting an existing and qualifying diagnosis. In other words, the judge wanted those players who may be suffering from CTE to be included in the settlement, one way or another.