Articles Posted in Medical Malpractice

Vaccine-related injury claims often involve complex legal hurdles, particularly when federal immunity statutes like the Public Readiness and Emergency Preparedness (PREP) Act come into play. The PREP Act provides broad legal protections for entities involved in vaccine administration, significantly impacting the ability of plaintiffs to seek damages in traditional courts. A recent federal appellate decision underscores the difficulty of overcoming these statutory protections in vaccine litigation. If you or a loved one suffered harm from a vaccine, it is smart to meet with an experienced Baltimore medical malpractice attorney to understand your options.

Facts and Procedure of the Case

It is alleged that the plaintiffs, parents of a deceased minor, filed a lawsuit against the defendant, a pharmaceutical company, along with government and medical entities, claiming that the administration of a COVID-19 vaccine caused the minor’s death. The minor received two doses of the vaccine at a pediatric clinic and later developed flu-like symptoms, which ultimately resulted in cardiac failure and death. The plaintiffs contended that the vaccine caused myocarditis, leading to fatal heart complications.

It is reported that the plaintiffs asserted claims under the PREP Act, alleging willful misconduct by the defendant in the production and distribution of the vaccine. Additionally, they pursued state tort law claims, including wrongful death and medical malpractice, against both the pharmaceutical company and the healthcare providers involved in administering the vaccine. The defendants moved to dismiss the claims, arguing that the PREP Act provides immunity against such lawsuits and that the plaintiffs failed to exhaust the required administrative remedies. The court granted the defendants’ motion and the plaintiff appealed. Continue Reading ›

In medical malpractice claims, plaintiffs must adhere to procedural requirements to ensure their cases are properly heard by the courts. When these requirements are not met, courts may dismiss the claim even before addressing its merits. A recent Maryland case highlights the importance of complying with federal pleading standards and the necessity of presenting clear and substantive allegations in medical malpractice lawsuits. If you or a loved one has been harmed due to medical negligence, it is crucial to consult an experienced Baltimore medical malpractice attorney to determine how to protect your rights.

History of the Case

It is alleged that the plaintiff filed a medical malpractice lawsuit against the defendant, the United States Government, claiming negligence related to medical treatment received through the Veterans Affairs (VA) healthcare system. The plaintiff alleged that VA medical providers engaged in conduct amounting to malpractice, including improper prescription practices and exposing the plaintiff to toxic substances. The plaintiff further claimed that these actions led to severe physical harm, emotional distress, and long-term health complications.

It is reported that the plaintiff’s complaint included allegations unrelated to medical malpractice, such as accusations of fraud and interference with business trademarks. The plaintiff also sought an extraordinarily high amount in damages, totaling one trillion dollars. However, the complaint lacked specific factual details regarding the medical treatment in question, the providers involved, or a clear timeline of events. Continue Reading ›

The tragic loss of a loved one due to alleged medical negligence can have devastating consequences. Recently, a Howard County jury awarded a historic multi-million verdict in a medical malpractice and wrongful death case involving a 22-year-old college student. The verdict demonstrates the importance of retaining an attorney who understands the elements of such claims and can gather the evidence needed to demonstrate liability. If you or a loved one suffered harm due to the carelessness of a physician, it is important to understand your rights, and you should speak to an attorney as soon as possible.

Summary of the Case

It is reported that in December 2021, the decedent, a 22-year-old college student, died unexpectedly while visiting his mother’s home during a holiday break. An autopsy determined the cause of death to be blood clots. Weeks prior to his death, the decedent had informed the defendant, his hematologist, that he was running low on his prescribed anticoagulant medication. Instead of renewing the prescription, the defendant reportedly instructed the decedent to complete his remaining doses and switch to a low-dose aspirin regimen. Tragically, this change allegedly contributed to the fatal blood clots.

It is alleged that the plaintiffs, the decedent’s parents, filed medical malpractice and wrongful death claims against the defendant and the medical group employing him. They alleged that the defendant’s decision to change the decedent’s medication regimen breached the applicable standard of care, ultimately leading to his untimely death. The jury found in favor of the plaintiffs, awarding $3.77 million to the decedent’s mother, $3 million to his father, and $500,000 to the decedent’s estate. Continue Reading ›

While medical malpractice cases often stand alone, it is not uncommon for a plaintiff to pursue medical negligence and product liability claims in the same action. As discussed in a recent Maryland ruling in which the plaintiff sought damages following a hip replacement, such actions are generally permissible as long as the plaintiff complies with procedural and jurisdictional rules. If you suffered harm due to an improperly performed procedure, it is advisable to talk to a Baltimore medical malpractice attorney about your possible claims.

Factual and Procedural Setting

It is reported that the plaintiff underwent a total hip replacement procedure at a Maryland hospital. During the procedure, a medical device manufactured by one of the defendants was implanted. Approximately two and a half years later, the device reportedly failed, necessitating a revision surgery. Allegedly, the replacement device also failed within days, leading to additional complications and injuries, including permanent disability.

Reportedly, the plaintiff initially filed a medical negligence lawsuit in state court against non-diverse defendants, including his healthcare providers. As the case proceeded, the plaintiff added claims against diverse parties, including the manufacturers and distributors of the medical device, alleging product defects. The case involved causes of action for medical negligence, informed consent, strict liability, breach of warranty, and violations of consumer protection laws. Continue Reading ›

In Maryland, determining liability in medical malpractice cases often involves a detailed examination of the actions of all parties involved. In some cases, this may include an assessment of the potential liability of third-party practitioners. This was demonstrated in an opinion recently issued by a Maryland court that highlights the issue of third-party negligence and its potential impact on a plaintiff’s right to recover in a medical malpractice case. If you suffered harm due to medical negligence, consulting a Baltimore medical malpractice attorney can help you understand your rights and options.

History of the Case

It is reported that the plaintiff’s child was born with severe injuries, including cerebral palsy, allegedly due to the delay in performing a Caesarean section at a Maryland hospital. The child’s parents filed a medical malpractice claim against the hospital, asserting that its delay in acting caused preventable injuries. The hospital, in turn, argued that a nurse midwife, who had been assisting the mother prior to her arrival at the hospital, was solely responsible for the injuries.

Reportedly, the midwife engaged in multiple actions that were alleged to deviate from accepted standards of care, including administering Pitocin without adequate monitoring and improperly performing an episiotomy. These interventions, according to the hospital, led to complications that necessitated emergency care upon the mother’s arrival. Continue Reading ›

Under Maryland law, the doctrine of informed consent requires that healthcare providers disclose information that is material to a patient’s decision-making regarding their medical treatment. This duty extends to communicating risks, alternatives, and other essential information that would allow patients to make informed decisions. Recently, a Maryland court issued an opinion highlighting the significance of informed consent in ensuring that patients understand their treatment options and the associated risks. If you or a loved one suffered harm due to a failure to obtain informed consent, it is wise to confer with a Baltimore medical malpractice attorney about your potential claims.

Background of the Case

It is reported that the plaintiff was hospitalized due to complications in her pregnancy, including a partial placental abruption. The defendant, her treating physician, determined that delaying a Cesarean delivery would increase the chances of the fetus maturing despite the risks associated with continued pregnancy. Over the following weeks, additional complications arose, including another placental abruption and intrauterine growth restriction. Despite these developments, Dr. Spangler did not inform the plaintiff of the option for an earlier Cesarean delivery. Ultimately, the plaintiff experienced a complete placental abruption, and her child was born with severe cerebral palsy.

Allegedly, the plaintiffs brought claims of medical malpractice and failure to obtain informed consent against the defendant. While the jury initially could not reach a verdict on the informed consent claim, a subsequent trial awarded the plaintiffs $13 million in damages for the informed consent violation. However, the trial court later overturned the verdict, ruling that Maryland law required an “affirmative violation” of physical integrity to sustain such a claim. The plaintiffs appealed. Continue Reading ›

Maryland courts require expert testimony in medical malpractice cases to help juries understand complex medical information. However, not all expert testimony is admissible, as illustrated in a recent Maryland case in which the court considered whether a pharmacist’s testimony was relevant and appropriate in a claim involving informed consent. If you believe you were harmed by negligent medical care, it is wise to confer with a Baltimore medical malpractice attorney to evaluate your options.

Facts of the Case and Procedural Setting

It is alleged that the plaintiffs filed a wrongful death and survival action against a hematologist-oncologist and his medical group, claiming a failure to obtain informed consent regarding the administration of a drug used alongside radiation therapy. The decedent, who had prostate cancer, later developed Stevens-Johnson Syndrome, a rare and severe skin disorder, and subsequently died from pneumonia.

Reportedly, the plaintiffs retained a pharmacist as an expert to testify about the drug’s risks and alternatives. The pharmacist’s deposition included details on the drug’s side effects, lack of FDA approval for prostate cancer treatment, and potential risks for elderly patients. However, the trial court excluded his testimony, determining that his expertise did not extend to informed consent requirements, which led to a jury verdict in favor of the defendants. The plaintiffs appealed. Continue Reading ›

Medical malpractice lawsuits are complex, and plaintiffs pursuing such claims must adhere to strict procedural rules to succeed. Sadly, the failure to comply with court-mandated deadlines or provide adequate evidence can result in the dismissal of claims, as illustrated by a recent Maryland case. If you or a loved one believe you were harmed by medical negligence, it is important to consult a skilled Baltimore medical malpractice attorney to ensure your rights are protected.

Factual and Procedural Background

It is reported that the plaintiffs brought a medical malpractice lawsuit against multiple defendants, alleging breaches in medical care that led to Johnson’s death. During the discovery phase, the plaintiffs failed to comply with court orders to provide necessary responses to the defendants’ discovery requests. As a result, the court sanctioned the plaintiffs by precluding them from presenting evidence to support claims of breach of duty or proximate cause. Subsequently, the defendants moved for summary judgment, arguing that without such evidence, the plaintiffs could not establish their claims.

Maryland applies its choice of law rule, lex loci delicti, which mandates that the substantive law of the place where the injury occurs governs cases involving tort claims. In medical malpractice cases where the injury or malpractice occurred out of state, Maryland courts must determine whether local or out-of-state laws, including damages caps, are applicable. For example, a recent case examined Maryland’s approach to determining the appropriate damages cap for a plaintiff injured by an out-of-state healthcare provider. If you believe you were injured due to medical negligence, it is wise to consult a Baltimore medical malpractice attorney to help you understand your legal options.

Facts and Procedure

It is alleged that the plaintiff, who resides in Maryland, sought liposuction services from the defendant, a Virginia-based medical provider, at an office located in Alexandria, Virginia. Reportedly, the plaintiff underwent the procedure in Virginia, after which she returned home to Maryland, where she soon developed severe complications, including infections that led to permanent physical and emotional injuries. It is alleged that during the procedure, the defendant administered insufficient pain relief and prescribed inadequate post-operative care, which contributed to the plaintiff’s prolonged suffering.

It is reported that the plaintiff filed a lawsuit in Maryland, asserting claims of medical negligence and lack of informed consent, seeking damages for her injuries. The jury awarded substantial damages, including non-economic damages for pain and suffering. However, the court later reduced the award to comply with Maryland’s cap on non-economic damages, applying the state’s limitation on such awards in malpractice claims. The plaintiff appealed, contending that Virginia’s higher damages cap should apply since the medical procedure occurred in Virginia, and the tort, therefore, arose there. Continue Reading ›