Posted on March 05, 2009 in Personal Injury

The Baltimore Sun is reporting that Mathew S. Markle, 38, was tragically killed this morning in a one-car accident near Havre de Grace, Maryland this morning. an Interstate 95 on-ramp was closed for several hours. According to the Maryland State Police, Mr. Markle lost control of his pickup truck on the ramp from Route 155 to southbound I-95 on Exit 89. He lost control when his pickup left the roadway, went into a ditch and overturned. The driver was pronounced dead at the scene.

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 Posted on March 05, 2009 in Criminal Defense

The answer to the question, at least according to this Maryland Criminal Attorney, is, I don’t know yet but what I have seen over the past few weeks has sure made me suspicious. Racial Profiling Cases, also known as "Driving While Black" cases occur when police officers stop citizens based on innate characteristics such as race and age as well as factors such as clothing and the type of vehicle the person is driving. These stops typically occur on I-95 and involve young black males driving rental cars or cars with out of state plates, especially cars bearing Florida or New York plates.

As some may be aware, Maryland has a bit of a sordid past with this issue. In fact the State Police settled a lawsuit just last year that was filed on behalf of several men who claimed that they had been "profiled" after fighting the ACLU for 12 years. The State Police paid out over $400,000 and agreed to hire an independent monitor to make sure this behavior is not repeated. So why am I suspicious that the MTA Police are engaged in racial profiling so soon after the State Police settlement? Here is why:

In just the last two weeks I have been retained by three people whom I believe may have been racially profiled by the Maryland Transportation Authority Police. In two of the three cases the facts justifying the stop are almost identical and they are quite similar in the third:

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 Posted on March 04, 2009 in Personal Injury

Terrible news out of Anne Arundel County this morning. A 33 year old woman was killed and her 5 year old daughter were injured when another vehicle struck her in the rear, forcing her directly into the path of a commercial garbage truck. According to the Baltimore Sun, Anne Arundel Police have not released the victim’s names.

Apparently after the garbage truck struck the vehicle, both vehicles caught on fire. Coast Guard Petty Officer First Class Lavelas Luckey was the hero who saved the child. Petty Officer Luckey was on his way to work when he came upon the accident. He freed the child from the back seat and attempted to save the mother as well.

The child was taken to Johns Hopkins Pediatric Trauma Center in Baltimore. Tragically, the mother died at the seen due to injuries sustained. The accident happened on Ordinance Road in Glen Burnie. Early indications are that drugs and alcohol are not factors in this accident.

For more information or a free consultation, please contact the Maryland personal injury lawyers of Silverman, Thompson, Slutkin & White, LLC. or call Steve Silverman at 410-385-2226.

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 Posted on March 01, 2009 in Federal Crimes & White Collar Crimes

The United States Federal Sentencing Guidelines are not mandatory on sentencing courts. The Guidelines are also not presumed to be reasonable. That was the very clear and very recent message sent by the United States Supreme Court in Nelson v. United States, 129 S.Ct. 890 (2009). In so ruling , the Supreme Court made it very clear that the federal sentencing guidelines are NOT what they used to be!

The federal sentencing guidelines used to strike fear into the hearts of criminal defendants accused of federal offenses. Not only were the guidelines mandatory, but they were VERY harsh. Under the old sentencing guidelines scheme, even first time offenders with compelling personal circumstances were forced to serve large non-paroleable prison terms. Federal prison populations swelled with non-violent drug offenders incarcerated for long terms of incarceration. Judges who wished to vary from the guidelines were routinely reversed by federal circuit courts. Federal prosecutors, emboldened by the harsh mandatory guidelines, had no incentive to be reasonable. Under the mandatory guidelines system, prosecutors – not Judges –were the most powerful players in determining the fate of criminal defendants. By deciding which crimes to charge, the prosecutors could effectively dictate the result faced upon conviction. Even the most skilled defense attorneys were often powerless to stop unfairly harsh sentences. Judges were equally powerless.

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 Posted on February 19, 2009 in Medical Malpractice

As a Maryland medical malpracitce lawyer / attorney, many people ask me what is a wrongful birth case. In Maryland, a wrongful birth case is a case in which parents of a child born with birth defects allege that the negligence of prenatal health care providers deprived them of the opportunity to terminate the pregnancy due to the likelihood of the child being born in an impaired state. These type of cases are brought by parents in an effort to recover the economic expenses that will accrue in raising a child with extraordinary needs.

A. The Maryland Seminal Case Recognizing "Wrongful Birth" Claims in Maryland – Jones v. Malinowski
The first case in Maryland to recognize that Maryland permits a wrongful birth claim is Jones v. Malinowski, 299 Md. 257, 473 A.2d 429 (1984). Jones is an action for damages based on negligent sterilization resulting in the birth of a healthy child. The Court of Appeals in Jones clearly stated that Maryland has not established an independent cause of action for wrongful birth cases; instead, it held that wrongful birth cases in Maryland are embraced within the tort of negligence: "there is a cause of action in tort based upon traditional medical malpractice principles for negligence in the performance of a sterilization procedure is well accepted." Id.

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 Posted on February 19, 2009 in Medical Malpractice

Many peole ask what type of damages they can get in a medical malpractice / medical negligenc cases. One type is lost wages. Maryland courts have repeatedly acknowledged the legitimacy of lost wage claims in negligence cases. For instance, in Adams v. Benson, 208 Md. 261, 270-271, 117 A.2d 881, 885 (1955), the Court of Appeals recognized: "That in an action for personal injuries caused by the negligence of the defendant, the plaintiff may recover not only for the consequences which have actually and naturally resulted from the tort, but also for those which may certainly or reasonably and probably result therefrom as proximate consequences, but not for consequences which are speculative or conjectural." The Court then recognized that in a personal injury action, a plaintiff may claim: "damages for (1) resulting loss of time and loss of earnings; (2) loss or diminution of earning capacity sustained by being temporarily deprived of her capacity to perform her ordinary labor, and (3) loss of future earnings, if shown with reasonable certainty and not merely speculative in character". Id., 208 Md. at 271, 117 A.2d at 885.

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 Posted on February 17, 2009 in Medical Malpractice

A South Carolina jury has awarded $4.4 million to the parents of a 4-year-old girl who died after suffering brain injury at birth at a hospital there. The jury found that the hospital was at fault in 2003 when it assigned a nurse trainee to monitor the mother, who had come to the hospital three days before her scheduled induction, complaining of nausea and vomiting. Lawyers for the family argued the nurse trainee misread fetal heart monitoring information showing the baby was in severe distress and needed emergency intervention. The infant subsequently was born with a severe brain injury caused by oxygen deprivation, and died of complications from cerebral palsy more than four years later. While the child was alive, the family endured constant challenges, including giving medication to battle seizures, taking her to therapy several times a week and relying on a feeding tube to keep her nourished.

I have successfully handled a number of medical malpractice / medical negligence / medical error cases in Maryland involving birth injuries. These cases are always tragic.

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 Posted on February 17, 2009 in Medical Malpractice

A Texas man who lost both of his arms and legs to a hospital acquired infection infection, called methicillin-resistant Staphylococcus aureus also known as MRSA, has been awarded $17.5 million by a Texas jury. After medical malpractice caps are applied, the plaintiff could collect up to $7.5 million from the doctor, an infectious-disease specialist who treated the infection in 2003. The doctor had treated the plaintiff six years ago when he developed an infection following ulcer surgery at a hospital in Texas. The doctor administered eight antibiotics to Fitzgerald but not the one drug that would have treated MRSA. The hospital-acquired infection is resistant to several common antibiotics and can become deadly if it spreads and is not treated quickly.
As a result of the malpractice, the patient went into septic shock, which caused irreparable damage to his limbs. By the time the infection was diagnosed and treated, gangrene had set in, requiring the removal of both arms below his elbows and both legs below his knees.

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 Posted on February 17, 2009 in Driving Under the Influence

A number of bills intended to curb drunk driving are being proposed today to a Maryland Senate Committee. Backed by Governor O’Malley, police, prosecutors and highway safety advocates, a number of these bills-if passed-will change the landscape of drunk driving prosecutions in Maryland.

The most significant bill is one that imposes criminal penalties on adults who provide alcohol to minors. If passed, the teen drinking bill would elevate the penalty for supplying alcohol to minors from a civil offense to a criminal offense. Parents, siblings and religious exemptions will apply.

Additional laws being proposed include probation before judgement eligibility. Currently, a convicted drunk driver is not eligible for a PBJ for a second offense if the first DUI conviction occurred within 5 years. The new proposed law would raise the PBJ eligibility requirements to ten years.

Drunk driving defense attorneys may also have to tangle with a proposal that will impose a mandatory one-year driver’s license suspense if any part of the drunk driving article is violated for a second time. Currently, lessor included offenses such as driving while impaired (DWI), when grouped with a DUI conviction, do not trigger the one year suspension.

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 Posted on February 14, 2009 in Personal Injury

Very sad news coming out of Anne Arundel County , Maryland this morning. The Baltimore Sun is reporting that Ashley Nicole Meyers was "attempting to cross Ritchie Highway near Hamburg Street in Pasadena when she was struck by a northbound 1999 Nissan Sentra about 5:47 p.m." yesterday. Police are reporting that the child was wearing dark clothing at dusk and crossed the busy highway at a place not designated for pedestrian crossings. The girl was pronounced dead at Baltimore Washington Medical Center an hour later.

Our hearts go out to the family and friends of both the child and the unnamed driver of the vehicle that struck her. There is no report-at this time-that drugs or alcohol played a part in this motor vehicle accident.

For more information, or a free consultation, please contact the Maryland personal injury lawyers of Silverman, Thompson, Slutkin & White, LLC. or call Steve Silverman at 410-385-2226.

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