Maryland Injury Lawyers Blog

Can I Still File a Seafood Claim for the Gulf Oil Spill ?

Sun, 09 Jun 2013 16:44:59 -0500

Although the deadline for filing seafood claims with the Deepwater Horizon Claims Center was January 22, 2013, The Claims Administrator Patrick Juneau just recently announced that some late filed seafood claims will still be considered. "Final Procedure Announcement Re: Procedure Regarding Handling Untimely Seafood Claims."

So....If you are a fisherman, oysterman, shrimper, fin fisherman, or deckhand, and if you have not yet filed a claim, you should contact a lawyer and get a claim filed immediately.

The "Final Procedure Announcement" For Handling Untimely Seafood Claims was issued on May 22, 2013, but it just became public. There are two ways for a claimant to have an untimely seafood claim considered. (i) Relating Back to a Qualifying Claim; and (ii) Excusable Neglect (Much tougher standard).

First (and perhaps most people's best shot) is show that it is an Untimely Seafood Claim that relates back to a qualifying seafood claim. Basically is you can show that the late claim is related to another seafood claim that was timely filed (before Jan. 22, 2013) then that calim will be considered. This will help claimants who accidentally filed claims under the wrong claim type (e.g. if an oyster harvester filed a claim form as a non-seafood claim, it could likely be cured under this procedure). This new procedure will help many fisherman and shrimpers who may have missed the January 22, 2013 deadline due to technicalities such as filing a boat captain claim instead of a vessel owner claim. Basically a claimant must present a seafood claim, to the Claims Administrator, then the claims administrator will issue a "Notice of Seafood Compensation Program Relation Back Filing Deadline Extension" and the Claimant will have 30 days to file the Untimely Seafood Claim. THE CLAIMANT MUST ACTUALLY FILE THE MISSING SEAFOOD CLAIM FORM FOR THE UNTIMELY CLAIM WITHIN THE 30 DAY CURATIVE WINDOW.

Second, for untimely seafood claims that do not relate back to a qualifying claim, the Claims Administrator will use an Excusable Neglect standard to determine whether to accept the untimely claim. It seems that DWH wants claimants to file a Request for Excusable Neglect Review, and that this should be done as soon as possible. Factors that will be considered are danger of prejudice to other Seafood Compensation Program Claimants, length of delay in filing beyond the 1/22/13 bar date, impact on Seafood Compensation Program, and reason for the delay (or lawyer's delay) and whether there is good faith. It is clear from the Final Procedure Announcement that it will likely be very difficult to establish Excusable Neglect.

The bottom line is that this is an opportunity for Gulf of Mexico FIshermen, oystermen and crabbers who may have missed the January 22, 2013 deadline to have their claims considered and compensated. The procedure is not simple though, and I would recommend that claimants retain an experienced Gulf Oil Spill lawyer to assist with this. For more information about late filed seafood claims contact us at 888-213-8140.

Construction Accident at Montgomery Mall

Fri, 24 May 2013 09:04:08 -0500

Yesterday there was a terrible construction accident at the Montgomery Mall Parking garage. One man was killed and another was apparently seriously injured.

Our thoughts and prayers go out to the family of the man killed and to the man who was seriously injured.

Construction accidents like this typically occur because safety rules are not followed.

A 50,000 pound slab of concrete collapsed in a parking lot that was under construction. The injured worker was pinned for hours before he was rescued . The contractor for the garage is Whiting-Turner Construction Company. Other sub-contractors may also have been involved in the project.

Under Maryland law the injured worker is entitled to Workman's Compensation Benefits, but will not be permitted to file a full blown lawsuit against his employer for negligent safety practices. The injured construction worker's family should retain an attorney to investigate potential third party claims against co-employees, and negligent third parties other than the employer. Maryland workman's compensation benefits include medical bills, 2/3 of the average weekly wage and permanent impairment compensation.

When a serious contruction accident occurs in Maryland, the Maryland Department of Labor will investigate and issue the appropriate safety violations which can include fines.

Injury Lawsuit Against Maryland Live! Casino

Tue, 14 May 2013 09:23:31 -0500

Our firm handles injury claims and lawsuits against Maryland Live! Casino which is located in Arundel Mills, in Hanover Maryland. The casio recently opened its doors to the public, and there will surely be a lot of legal claims against Maryland Live. This is because safety policies and procedures have not been in place for any significant period of time. Claims related to card dealer mistakes and improper casino payments are also likely because Maryland Live card dealers are not experienced card dealers for the most part, and are still learning their craft.

If you are injured at a Maryland Casino call us at 888-213-8140.

Claims against the casino can involve personal injuries that occur at the casino (or the Maryland Live parking lots), and other claims involving gambling losses and Maryland Live!'s failure to pay out on money owed. If you are injured at a Maryland Casino it is important to talk to an attorney that understands potential legal issues involved.

One issue to consider is whether an injury or death claim against a Maryland Casino such as Maryland Live! are actually claims against the State of Maryland. The Casino is regulated by the State and receives State Funding, but it is run by private investors,and is likely owned by "PPE Casino Resorts Maryland, LLC" which is located in Baltimore, Maryland. Nobody knows hte answer to this question yet because it has not been litigated. To be safe, it is a good idea to give notice to the State of Maryland pursuant to the State Tort Claims Act and also to give notice to the appropriate local government pursuant to the Local Government Tort Claims Act. According to the State Department of Assesment and Taxation Website, there are at least 3 legal entities with the name Maryland Live in it: "Maryland Live" "Maryland Live! Casino" "Maryland Live Holdings, LLC" and "Maryland Live Holdings Equity Investor, LLC"

Z-Pack Users----Don't Consume Energy Drinks!!

Sun, 05 May 2013 10:42:50 -0500

Here is some friendly consumer advice from Goldberg, Finnegan & Mester, LLC. If you (or your children) have been prescribed the Z-Pak by your doctor, DON'T CONSUME ENERGY DRINKS WHILE TAKING THE Z-PAK. Why do I say this? Both energy drinks and Azithromycin likely cause disturbances in heart rhythm (QT interval). The FDA has not yet made this connection, but the scientific studies are indeed out there that both energy drinks and Azithromycin disturb heart rhythm. Seems to me that consumption of both at the same time could be a very deadly combination.

Here are the facts that I base this on:

1. On March 12, 2013 the FDA warned that Azithromycin (aka Z-Pack, Zithromax, Z Max) can lead to deadly heart rhythms for some. The FDA Warning explains that Z Pack "...can cause abnormal changes in the electrical activity of the heart that may lead to a potentially fatal irregular heart rhythm." Then on May 2, 2013 an article was published in the New England Journal of Medicine titled "Cardiovascular Risks with Azithromycin and Other Antibacterial Drugs." The article explained that a 2012 observational study showed that the risk of death from any cause and from cardiovascular causes associated with Azithromycin is greater than those associated with Amoxicillin.

2. In March 2013 there was a scientific research presentation at the American Heart Association Meeting in New Orleans indicating that "Energy Drinks" may increase blood pressure and disturb the heart rhythm. Apparently, the data presented shows that the QT interval was 10 milliseconds longer for those who consumed energy drinks. (If the QT interval is too long it can cause irregular heartbeat or death).

3. According to the New York Times, doctors wrote 55.3 Million prescriptions for Azithromycin (Z Pack) last year.

4. According to a Congressional Report about Energy Drinks, Energy drinks such as Monster, Red Bull, Full Throttle and Rockstar Energy Drink are consumed by 31% of 12-17 year olds, and by 22% of 25-35 year olds. Basically, a ton of children and young adults are drinking Energy Drinks and Energy Shots.

5. There has been an astronomical rise in Emergency Room Visits due to energy drink consumption in the past several years. In fact the number doubled from 2007 to 2011. (10,068 in 2007 and 20,783 in 2011 according to a Government Report). See SAMSA Report.

6. Since both the Z-Pack and Energy Drinks both cause a rise in the heart's QT interval, it seems to me that anyone who is on the Z-Pak (Azrithromycin) should not consume energy drinks while taking the pills (Could be a "double whammy").

I have no idea why the FDA and other medical societies/ government agencies have not already warned about this combined danger. Maybe I am wrong about this connection. I doubt it though.

I'm concerned that the left hand at the FDA that claims to be looking into the dangers of Energy Drinks, is not talking to the right hand at the FDA that has already warned of the dangers of Azithromycin. The evidence is out there but those we count on to protect us (FDA/Congress) seem to have not yet connected the dots (sound familiar?).

My advice to friends, family and anyone else who will listen----DON'T CONSUME ENERGY DRINKS WHILE ON Z PACK!!!

Ride-On Bus Crash On Rockville Pike---Make sure you put Montgomery County on Notice!

Tue, 23 Apr 2013 08:25:44 -0500

Although nothing in this post creates an attorney client relationship, here is some free advice to anyone injured in the Ride-On Bus Crash on Rockville Pike and Nicholson Avenue in Rockville, Maryland on April 22, 2013: Make sure you consult with an attorney and put Montgomery County on "Notice" of your claim as soon as possible. A personal injury lawyer can be helpful in making sure this is done correctly. Our law firm is handling claims arising from this bus accident and our preliminary opinion is that the crash was the result of the negligence of the bus operator and/or other employees of Ride-On (possible brake failure/negligent maintenance claims).

Call us at 301-589-2999 for a free personal injury consultation.

Ride-On is owned by Montgomery County Maryland. Therefore, injury claims against Ride On (or the bus operator) will fall under the Maryland Local Government Tort Claims Act which requires that proper notice be sent to the Montgomery County Executive by certified mail within 180 days of the bus crash.

Those injured in the crash should also notify their own automobile insurance company of the incident as there is a cap on claims under the Local Government Tort Claims Act of $500,000.00 per incident (for all claims) See Section 5-304 of the Maryland Local Government Tort Claims Act. . Since there were apparently about 12 vehicles involved in the collision, and likely numerous bus passengers injured as well, it is quite possible that the total value of all of the personal injury claims from the collision could exceed $500,000.00. In that case, those injured can make a claim with their own uninsured motorist carrier. Those injured in the crash should also make a claim for personal injury protection benefits (usually $2,500.00 but up to $10,000.00 in Maryland). A claim for Personal Injury Protection Benefits, also known as PIP benefits, requires that an application be filed with your own insurance company within a year of the incident. Our website has detailed information about Maryland Personal Injury Benefits and Maryland Uninsured Motorist Benefits.

Our law firm is handling claims arising from this Ride ON Bus Crash and we are happy to discuss your potential claim with you. We provide a free phone consultation, and if you hire us, there is no attorney fee or costs owed if there is no recovery in the case. You will never receive a bill from us. We only get paid if there is a recovery in the case. For more information call us at 301-589-2999 x102.

Nothing in this blog post creates an attorney client relationship. Our firm cannot and does not represent you in your particular claim unless and until a retainer agreement is signed with our law firm.

Doctors Urge FDA to Take Action on Energy Drink Dangers

Tue, 19 Mar 2013 14:37:21 -0500

Today numerous experts and medical doctors wrote a Letter from doctors to FDA 3.19.13.pdf to the U.S. Food and Drug Administration (FDA) concluding that:

"Based on our own research and our review of the published literature cited herein, we conclude that there is no general consensus among qualified experts that the addition of caffeine in the amounts used in energy drinks is safe under its conditions of intended use as required by GRAS standard, particularly for vulnerable populations such as children and adolescents. On the contrary, there is evidence in the published scientific literature that the caffeine levels in energy drinks pose serious potential health risks, including increased including increased risk for serious injury or even death."

The signatories to this letter are from prestigious teaching hospitals and schools including John's Hopkins, University of Maryland, Wake Forest School of Medicine, University of California Berkley, and UMass Memorial Medical Center.
The doctors urge the FDA to take quick action to protect children and teens from the dangers of highly caffeinated energy drinks and to apply the "Generally Regarded as Safe" standard for soda to energy drinks and other beverages that contain caffeine as an additive.

The doctors also urged the FDA to require energy drink manufacturers to include caffeine content on product lables.

The letter first desccribes what Energy Drinks are and discusses that they are marketed to teenagers and young adults.

The letter does a good job of distinguishing energy drinks from coffee (see page 2). Basically the Letter explains that caffeine in coffee is naturally occurring, many energy drinks contain more caffeine than coffee, and coffee is typically served hot and consumed slowly while energy drinks are served cold and consumed rapidly (some manufacturers advertising and can design encourage teens to ingest large quantities quickly by saying things like "pound down" "Chug it down".

The article then discusses the health complications of energy drinks. The article discusses the FDA Adverse Event Reports, DAWN Drug Abuse Warning Network reports of increased Emergency Room Visits, Cardiovascular Complications, Seizures, Childhood Obesity, and other health issues related to the consumption of energy drinks. The report also discusses the combination of alcohol consumption and energy drinks. The Article states "consuming energy drinks mixed with alcohol is associated with serious alcohol related consequences such as sexual assault and driving while intoxicated."

Anyone interested in learning more about the dangers of energy drinks should read this letter. It is very well written and well documented with 66 footnotes citing to a large amount of scientific articles about energy drink dangers. Another great resource for information about the dangers of energy drinks is at GFMJustice.com

Of course if you or someone you know has suffered a heart attack or death after consuming an "energy drink" please contact us at 888-213-8140.

Transvaginal Mesh Injuries--Recent $11.11 Million Dollar Verdict in New Jersey

Fri, 01 Mar 2013 15:35:18 -0500

What is Transvaginal Mesh?

Thousands of women have been treated with transvaginal mesh products since 2002 and many have suffered injuries as a result. These products have been used since about 2002 to treat "Stress Urinary Incontinence" (SUI) and "Pelvic Organ Prolapse", also known as (POP). The trans vaginal mesh procedure was touted as an easier and safer alternative to hysterectomy surgery. Hundreds of thousands of women have had the procedure to treat stress urinary incontinence and pelvic organ prolapse.

Stress Urinary Incontinence is basically when urine leaks during physical activity such as running, coughing, sneezing or laughing). Pelvic Organ Prolapse (POP) is basically when the bladder falls from its normal position in the tummy and pushes against the vaginal walls. This often occurs after childbirth or surgery. Many of those who had the procedure later complained of complications including pain, infection, excessive bleeding; and many had to have follow up surgeries.

The Problems with Transvaginal Mesh

Scientific studies have found that women treated with vaginal mesh have a much higher likelihood of developing bladder perforation, urinary incontinence, and also that many women needed follow-up surgeries to correct these problems. The FDA (with the Cetner for Devices and Radkological Health) has also recognized the problems and in July 2011 issued a report titled Urogynecologic Surgical Mesh: Update on the Safety and Effectiveness of Transvaginal Placement for Pelvic Organ Prolapse confiming the concerns in the scientific studies. The side effects of transvaginal mesh include the following:

• Mesh Erosion of the vaginal skin
• Pain during sexual intercourse
• Recurrence of Pelvic Organ Prolapse
• Urinary Incontinence (peeing on yourself)
• Internal Bleeding and Infection

FDA Action---Are they part of the problem or part of the solution?

The Food and Drug Administration (FDA) has been monitoring the problem with Transvaginal Mesh. In fact, in 2008 the FDA issued an alert to tell patients and doctors that ladies with vaginal mesh were suffering a high rate of complications. From January 2008 to December 2010 there were nearly 3,000 reports of injuries and/or death from linked to transvaginal mesh used for pelvic organ prolapse (POP) or Stress Urinary Incontinence (SUI). What is now clear is that transvaginal mesh was not properly tested before it was sold to consumers. The various manufacturers knew that the mesh product was very good at treating hernias, and therefore assumed that it would also be an excellent product when surgically placed in the vagina. The manufacturers pushed the product through the FDA's expedited 510(k) approval process which does not require testing since the mesh was similar to the mesh used to treat hernias. This presumption has proven wrong, and as a result of transvaginal mesh manufacturers rush to get their product to the market, literally thousands of women have suffered life altering injuries. The FDA issued an Updated Alert in July 2011 in which it states

"Based on an updated analysis of adverse event reports reported to the FDA and complications described in the scientific literature, the FDA identified surgical mesh for transvaginal repair of POP as an area of continuing serious concern...The FDA is issuing this update to inform you that serious complications associated with surgical mesh for transvaginal repairs of POP are not rare."

February 2013 ---First Jury Verdict in Vaginal Mesh Case

The first Vaginal Mesh Lawsuit went to trial in New Jersey and the jury returned a verdict on February 25, 2013 of compensatory damages in the amount of $3.35 Million Dollars in compensatory damages against Johnson & Johnson, and $7.76 million in punitive damages for a total vaginal mesh verdict of $11.11 Million Dollars. While our firm did not handle this particular case, the verdict is important because it provides insight as to the potential value of vaginal mesh cases. Of course every case is different and the outcome in one case does not guarantee the outcome in any other case. That said, there are over 1,800 other vaginal mesh lawsuits pending throughout the USA and I am sure that vaginal mesh manufacturers such as Johnson and Johnson, C.R. Bard, Mentor, Boston Scientific, Gynecare, Tyco, Covidien, and American Medical Systems will have to take this large verdict into consideration as the decide whether to litigate or settle future transvaginal mesh lawsuits. The case involved a 47 year old lady from South Dakota who had a transvaginal mesh product called Ethicon Gynecare Prolift. The jury found that Ethicon failed to warn the patient's surgeon of the risks associated with Prolift vaginal mesh and that the defendant also improperly marketed the device.

Call Us For A Free Case Evaluation From A Female Intake Specialist 888-213-8140

If you or someone you love has been injured as a result of a Pelvic Mesh product, then call us at 888-213-8140 to discuss your legal rights.

Energy Drink Lawsuits

Thu, 28 Feb 2013 15:48:44 -0500

The biggest problems with energy drink companies are (i) that they market their product to teenagers and young adults, (ii) they don't provide adequate warnings indicating that they are dangerous for anyone to drink who has a pre-existing heart condition, and (iii) some of the ingredients such as Taurine, Guarana, Inositol and Panax Ginseng have not been adequately studied, (iv) and the FDA has been slow to respond to the danger of energy drinks.

Kevin Goldberg, of Goldberg, Finnegan & Mester, LLC, wrote an Energy Drink ArticlewcoverTrial2013.pdf The article discusses how energy drinks are injuring and killing teenagers and young adults. The article first discusses energy drinks generally. Then the article discusses the energy drink industry and notes that retail sales of energy drinks were about $8.9 Billion in 2011. The next part of the Article examines the peer reviewed scientific literature that indicates that energy drinks causes an increase in blood pressure and heart rate and that young adults and children are at particular risk. The article concludes with an interesting discussion about energy drink lawsuits and the things that attorneys need to consider when evaluating whether to pursue an energy drink lawsuit.

Our law firm is working with other law firms across the country on energy drink lawsuits. If you are an attorney and you have a potential case involving death or serious injury from energy drink consumption that you want to discuss, please contact us or call us at 888-213-8140. For more information about the dangers of energy drinks, and about litigation against energy drink companies visit our energy drink information center.

Medical Mistakes

Sat, 23 Feb 2013 12:21:13 -0500

This is a well written opinion piece by a physician who lost his leg due to medical negligence.

New York Times Article

Op-Ed Contributor

Losing My Leg to a Medical Error

By FREDERICK S. SOUTHWICK

Published: February 19, 2013 112 Comments

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GAINESVILLE, Fla.

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LAST Fourth of July, during a day at the beach, I experienced a sudden pain in my left calf. Two months later, I required an above-the-knee amputation. Compounding my distress was the fact that my doctors had no explanation for why the blood flow to that leg had been cut off. I had none of the usual risk factors for atherosclerosis, the hardening of the arteries. I had low cholesterol and no evidence of diabetes, and I had never smoked. No blood vessels were blocked elsewhere in my body.

It took some further detective work to reveal what must have been the cause. Seventeen years earlier, in 1995, I had surgery on my left Achilles' tendon. To prevent bleeding during the procedure, a pressurized cuff was placed above my left knee to block the blood flow. Apparently, the cuff was left on too long, injuring the arteries. In the years since, the vessels progressively scarred and calcified, which eventually blocked all blood flow to my lower leg.

I lost my leg because of a preventable error. The loss of a limb is traumatic, and I experience waves of sorrow and regret. I struggle with continual pain in my residual limb, and am trying to learn how to walk with my prosthesis. My work as a physician has been put on hold.

For the past two decades I have been studying how to prevent errors in health care, and the irony of my present predicament strengthens my motivation to continue the quest. No one should ever have to experience such preventable harm.

And yet many people do. Exactly how many, we can't say, because there is no national registry for injuries or deaths caused by medical errors. Over a decade ago, in the best study of its kind, the Institute of Medicine estimated that there were 44,000 to 98,000 deaths per year because of preventable errors in the American health system. For every death there are likely to be at least 10 serious injuries, so we can assume that roughly a million patients are seriously injured each year.

Despite calls to action by patient advocates and the adoption of safety programs, there is no sign that the numbers of errors, injuries and deaths have improved. Why? Because those responsible for the delivery of health care have been unable to change how they do things.

They could help themselves by embracing the lessons of great manufacturing companies to improve quality and efficiency. Automatic alarm systems and shut-off switches can be designed to make it nearly impossible for caregivers to do the wrong thing. Checklists and specific protocols based on best practices for each procedure can also help.

In my case, if an alarm had alerted the doctor to how long the cuff had been in place, if the cuff had automatically deflated after a period of time, or if a checklist had reminded the doctor to remove it, my leg might never have been injured. Better yet, if the doctors had not used the cuff, which evidence has shown can be dangerous to patients, I would still be walking on that leg today.

Most of all, perhaps, we need better coordination and communication among caregivers. Consider what happened to Mary, my former wife and the mother of our two children. In 1988, she was lying in an intensive care unit with less than a 10 percent chance of survival. Her first symptom, a pain in the sole of her right foot, had seemed so innocent. A neurologist said she had most likely injured a nerve during aerobic dance and the doctor ignored our requests for further tests. But when Mary's leg began to swell, we sought the help of an internist. She diagnosed thrombophlebitis, inflammation from blood clots. Mary was then admitted to the hospital for a blood thinner, but the medical team gave her too small a dosage. Her clots extended into her lungs. Next she suffered a heart attack, respiratory failure, renal failure and shock.

In desperation we transferred her care to another physician, who finally began treating her with corticosteroids for inflammation of the blood vessels. Over the next 24 hours, Mary's symptoms reversed and she fully recovered. But we nearly lost her as a consequence of delayed decision-making, poorly coordinated care and a medication error.

Eliminating errors has the added dividend of reducing costs. The cost for treating Mary's thrombophlebitis should have been $16,000; the complications pushed the cost nearly six times higher. The hospital bill for my leg amputation was approximately $150,000, my prosthesis cost more than $50,000, and I have lost months of work.

The Affordable Care Act has recognized this reality and is creating new reimbursement systems that reward the quality rather than the quantity of care. The act has also empowered an expert panel to create evidence-based treatment recommendations.

I wish I could go back in time and implement these changes before my surgery. But there is no way to turn back the clock. My life will never be the same, nor will the lives of roughly a million other patients who suffer similar preventable injuries each year. But we can make sure that future patients don't suffer the same life-changing harm.

Frederick S. Southwick, a professor of medicine at the University of Florida, is the author of "Critically Ill: A 5-Point Plan to Cure Healthcare Delivery."

Energy Drink Class Action Lawsuits-Feel Misled by the Energy Drink Industry? Call Us 888-213-8140

Thu, 14 Feb 2013 21:03:53 -0500

We are looking to speak with consumers who feel that they have been misled by Energy Drink companies such as Monster Energy Drink, Red Bull, 5 Hour Energy and Rockstar. Many teenagers, young adults and even professional athletes have consumed these energy drinks thinking that they were ingesting only nutrients and ingredients that were good for their body. In fact, energy drinks can be dangerous--especially for anyone with an underlying heart condition. If you were a purchaser of Energy Drinks and feel that you were misled contact us via email at kgoldberg@gfmlawllc.com or by calling 888-213-8140.

Energy Drink companies such as Monster Energy Drink and Red Bull seem to market their product to teenagers and young adults with the misleading assumption that they are healthy and just give you a burst of energy. In fact, most of these drinks are packed with sugar, caffeine and other herbal supplements. Pediatricians are warning children and teenagers not to drink energy drinks.

For more information about energy drinks,visit the Goldberg, Finnegan & Mester Energy Drink Information Center.

Where to file Suit in Maryland ?

Sat, 26 Jan 2013 07:24:29 -0500

The outcome a Maryland trial can be pre-ordained depending on where the plaintiff attorney files the lawsuit. That is because jury pools vary significantly in Maryland. Obviously, a Western Maryland (e.g Hagerstown) Jury is going to have much different life experiences than a Baltimore City Jury. This week the Court of Special Appeals issued a well written opinion summarizing the law of forum non-conveniens in Maryland. Forum Non-Conveniens Motions are based on Maryland Rule of Procedure 2-327 (c).

The rule provides that:

(c) Convenience of the Parties and Witnesses. - On motion of any party, the court may transfer any action to any other circuit court where the action might have been brought if the transfer is for the convenience of the parties and witnesses and serves the interests of justice

In Smith v. Johns Hopkins Community Physicians the plaintiffs filed suit in Baltimore City (a preferred plaintiff's venue--in other words known for plaintiff verdicts and jury outcomes that fairly and properly compensate injured plaintiffs). It is a Medical Malpractice Wrongful Death Case. The Defendants then filed a motion to transfer venue based on forum non-conveniens asking the Court to transfer the case to Baltimore County (a preferred defendant's venue---in other words, known for defense verdicts and low verdicts). The Trial Judge in Baltimore City Circuit Court---Judge Cannon-reviewed the motion, the opposition to the motion and ruled without a hearing that the case should be transferred to Baltimore County because the plaintiff lived there.

The Plaintiffs filed an immediate appeal to Maryland's Court of Special Appeals. It is important to note that most trial court orders are not immediately appealable (you have to wait until the trial is over to take an appeal). However when a judge grants a motion to transfer based on forum non-conveniens the aggrieved party is entitled to an immediate expedited appeal. That is what happened here.

Maryland law required that the Court of Special Appeals review the trial judge's decision to transfer the case from Baltimore City to Baltimore County on an "abuse of discretion standard." What that means is that the Court must uphold the trial judge's finding unless it determines that the trial judge abused her discretion. This is a difficult legal standard to overcome---and as a practice note----trial lawyers know that if they lose the transfer of forum issue at the trial court level, getting the issue reversed on appeal is highly unlikely.

The bottom line is that the Court of Special Appeals ruled that the trial Judge (Judge Cannon) did not commit error and her transfer of the case to Baltimore County was upheld. The Court opinion concluded by saying

"Substantively we see no error. Baltimore County was far and away a more convenient forum than Baltimore City. A forum conveniens is always to be preferred over a forum non conveniens. Procedurally we see no error. Judge Cannon did everything she was required to do and she did it impeccably well."

This medical malpractice case is going to be decided by a Baltimore County jury rather than a Baltimore City jury. Frankly, this reduces the settlement value of the case.

Mr. Yuck and Energy Drinks---Poison Control Centers Report 3,147 Energy Drink Exposures in 2012

Sun, 13 Jan 2013 10:36:26 -0500

Remember Mr. Yuck? Well, Poison Control Centers are now tracking reports of calls related to energy drink exposures, and the 2012 data is disturbing.

Poison Control Centers in the USA apparently received 3,147 reports of exposures to energy drinks, and that well over half of those reports were for children 18 and younger. This data was compiled by the National Poison Data System which is the only comprehensive poisoning exposure surveillance database in the USA. This data, coupled with the numerous adverse event reports that the Food and Drug Administration has received related to energy drinks is convincing! Energy Drinks are dangerous and can cause serious injuries or death for certain individuals---In particular, anyone with an underlying heart condition should not drink any energy drinks at all.

Poison Control Centers throughout the United States are telling people to use caution and common sense when consuming Energy Drinks and related products. The American Association of Poison Control Centers Website Reports that

"The American Academy of Pediatrics has concluded that "caffeine and other stimulant substances contained in energy drinks have no place in the diets of children and adolescents."

If you are concerned that you are having an adverse reaction after consuming an energy drink such as Monster Energy Drink, Red Bull, Rock Star or 5 Hour Energy, then you should seek medical attention immediately. The Poison Control Center's cautionary alert on energy drinks indicates that drinking too many energy drinks or drinking them too fast can cause increased heart rate, altered heart rhythm, chest pain, dehydration, seizures, kidney problems, increased blood pressure, mood changes and other symptoms. You can also report the Energy Drink Injury Incident to the Poison Control Center by calling 1-800-222-1222.

If you want to learn more about the dangers of energy drinks, visit the Goldberg, Finnegan & Mester, LLC Website at www.gfmjustice.com.

Energy Drink Related Emergency Room Visits Increase Exponentially From 2005 to 2011

Sat, 12 Jan 2013 18:42:39 -0500

Energy Drinks such as Monster, 5 Hour Energy, Rockstar and Redbull can be dangerous, and should not be consumed by anyone with an underlying heart condition. On January 10, 2013 SAMSA's Drug Ause Warning Network published an article titled "Update on Emergency Department Visits Involving Energy Drinks: A Continuing Public Health Concern" The Food and Drug Administration does not regulate energy drinks but their website does post adverse event statistics for certain energy drinks.

The article reports that Energy Drink related hospital emergency room visits have increased from about 1,494 in 2005 to about 20,783 in 2011. This is particularly problematic because it impacts our children and youngest adults. In 2011 alone there were apparently 1,499 energy drink related emergency room visits for children aged 12 to 17 years old. Looking at young adults, there were 7,322 energy drink related emergency room visits for people aged 18-25 years old in 2011 (up from 4,200 in that age range in 2007). A new finding in the Article is that older adults may also be vulnerable to the effects of energy drinks, and that the safety of energy drinks is questioned for individuals with medical conditions and/or who may be taking other medications.

Our law firm represents individuals who have suffered serious injuries as a result of consuming energy drinks. The most common events we are seeing that may be related to energy drink consumption are is cardiac events, arrhythmias, heart attacks, and strokes. Any individual who has an underlying heart condition, or even high blood pressure for that matter, should avoid consuming energy drinks. If you or someone you know is injured as a result of consuming energy drinks, call us at 888-213-8140 for a free consultation.

The Path Towards FDA Regulation of "Energy Drinks"

Tue, 27 Nov 2012 13:07:48 -0500

Another small step forward in the battle to stop energy drink companies from marketing to teenagers and young adults. The FDA responded to Sen. Blumenfeld and Sen. Durbin's concerns about energy drinks and has acknowledged that the agency is looking into the safety of energy drinks and how they are marketed.

On November 21, 2012 the FDA responded to Senator Durbin and Senator Blumenthal's request for additional information about concerns related to energy drinks. The Senators had asked the FDA for additional information about possible interactions between the additives in energy drinks such as taurine, guarana and panax ginseng and caffeine; and also about the impact of energy drinks on young people. The FDA stated that

"In particular we are looking at whether products that may be safe for most individuals under labled use condition s may pose significant risks arising from direct toxic effects when the products are consumed in excess or by vulnerable groups, including young people and those with pre-existing cardiac or other conditions."

The FDA expressed agreement that the synergistic effects of caffeine and other ingredients in energy drinks is of concern, but indicated that it is not practicable for the FDA to do government funded toxicity studies of all of the various combinations.

In order to address Senator Durbin's concerns about the increasing consumption patters amongst young people of caffeine, the FDA indicated that an analysis was done of caffeine consumption in the US population in 2009 and 2010 titled "Caffeine Intake by the U.S. Population" by Laszlo Somogyi, Ph.D. The results of this study somehow showed that most caffeine is consumed by young peopell in the form of coffee, soft drinks and tea rather than from energy drinks. I do not agree with the FDA's analysis on this point. With the explosion of energy drinks into the U.S. Marketplace, and with their marketing often directed at teens and young adults, I think that the amount of caffeine consumed by young peope from energy drinks is actually much higher than indicated in the Somogyi reports.

The bottom line is that the FDA is not ready to regulate caffeine levels in energy drinks yet, but thanks to Senator Durbin and Senator Blumenfeld, the FDA is now forced to closely monitor the safety of energy drinks.

Michele Mital (Acting Associate Commissioner for Legislation) authored the FDA Letter11.21.2012.pdfletter, and a complete copy can be found here.

Keeping Our Clients Happy

Thu, 22 Nov 2012 13:48:40 -0500

At Goldberg, Finnegan & Mester, LLC we know that after you have been in a car accident it is a very stressful time. In addition to having to recover from physical injuries, back pain, neck pain and whiplash, car crash victims have often lost their only means of transportation. Our personal injury law firm will do what we can to help you and your family through this difficult time. As a courtesy to our clients we are available to help resolve property damage issues, and in most cases there is no attorney fee at all for this.

Car accidents also often cause people to miss time from work. We will fight hard to recover your lost wages. Many people think that if they were paid for the time that they miss, then they do not have a lost wage claim. Generally speaking, if you miss time from work---even if you are paid for the time missed--you can make a claim for "lost wages" because in fact you are either losing wages or losing leave time. This legal concept is based on the "collateral source rule" which basically means that the person whose negligence caused the accident cannot benefit from the fact that one's employer gave them an employee benefit such as paid time off, paid leave or vacation time.

We recently received favorable feedback from one of our clients and we wanted to share this.