www.CharlesJeromeWare.com
On Saturday, February 23rd, 2013, a Frostproof, Florida dog accidentally shot his owner, a 35-year old man, with a 9mm pistol.
It was not the dog's fault. The owner was contributorily negligent --- at the very least. No charges will be filed against the dog.
First of all, the owner was clueless: He actually thought the gun was a .380 weapon, instead of a 9mm. Unbelievable.
Secondly, the negligent owner actually claims he thought the weapon was not loaded. Not credible.
Thirdly, the owner says, he placed the weapon on the floor of his truck, and his dog "kicked it". Hmmmm --- if you say so.
In the meantime, in another bizarre story of Florida shootings, over in St. Petersburg, Florida, a woman claims she was shot by a gun in "a friend's oven".
[usnews.nbcnews.com/news/2-26-2013/ "Florida Man Shot By His Dog, Police Say"; www2.highlandstoday.com/news/2-25-2013/ "Dog Shoots Man Accidentally, Police Say"; usnews.nbcnews.com/2-21-2013/ "Woman Shot By Oven While Trying To Cook Waffles"]
Thursday, February 28, 2013
Wednesday, February 27, 2013
YAHOO! to EMPLOYEES: BACK TO THE OFFICE!
www.CharlesJeromeWare.com
An internet Yahoo! Corporation memorandum posted this week from Yahoo! chief executive officer Marissa Meyer by the Wall Street Journal states that Yahoo! employees will be required to come into their corporate offices to "feel the energy and buzz" of their workplace.
Thus, Yahoo! officially fuels a fresh debate on "telecommuting".
Telecommuting, a growing trend in the US workplace, is coming under fresh scrutiny following news that Yahoo! is curbing the practice.
The trend of working from home has been gaining steam for decades, as part of a workplace evolution which allows greater family-work balance and saves energy and commuting costs.
“Speed and quality are often sacrificed when we work from home. We need to be one Yahoo!, and that starts with physically being together,” according to the report.
Asked about the memo, a Yahoo! spokesman said Tuesday, “We don’t discuss internal matters,” but essentially confirmed the news by saying: “This isn’t a broad industry view on working from home – this is about what is right for Yahoo!, right now.”
The shift counters the overall trend: some 53 percent of US employers offered flexible work options in 2012, according to the Society for Human Resource Management. That compares with 48 percent in 2007.
A 2011 report by the US Labor Department found 24 percent of employed Americans reporting that they work at least some hours at home each week.
The trend is particularly noticeable in IT firms, where companies take advantage of technology to have virtual access to what they would have at the office.
[Wall Street Journal, 02/25/2013; www.today.com/2-25-2013; lifeinc.today.com/2-25-2013; www.pakistantoday.com/2-27-2013]
An internet Yahoo! Corporation memorandum posted this week from Yahoo! chief executive officer Marissa Meyer by the Wall Street Journal states that Yahoo! employees will be required to come into their corporate offices to "feel the energy and buzz" of their workplace.
Thus, Yahoo! officially fuels a fresh debate on "telecommuting".
Telecommuting, a growing trend in the US workplace, is coming under fresh scrutiny following news that Yahoo! is curbing the practice.
The trend of working from home has been gaining steam for decades, as part of a workplace evolution which allows greater family-work balance and saves energy and commuting costs.
“Speed and quality are often sacrificed when we work from home. We need to be one Yahoo!, and that starts with physically being together,” according to the report.
Asked about the memo, a Yahoo! spokesman said Tuesday, “We don’t discuss internal matters,” but essentially confirmed the news by saying: “This isn’t a broad industry view on working from home – this is about what is right for Yahoo!, right now.”
The shift counters the overall trend: some 53 percent of US employers offered flexible work options in 2012, according to the Society for Human Resource Management. That compares with 48 percent in 2007.
A 2011 report by the US Labor Department found 24 percent of employed Americans reporting that they work at least some hours at home each week.
The trend is particularly noticeable in IT firms, where companies take advantage of technology to have virtual access to what they would have at the office.
[Wall Street Journal, 02/25/2013; www.today.com/2-25-2013; lifeinc.today.com/2-25-2013; www.pakistantoday.com/2-27-2013]
DOG SHOOTS OWNER: Released On Personal Recognizance :-)
www.CharlesJeromeWare.com
On Saturday, February 23rd, 2013, a Frostproof, Florida dog accidentally shot his owner, a 35-year old man, with a 9mm pistol.
It was not the dog's fault. The owner was contributorily negligent --- at the very least. No charges will be filed against the dog.
First of all, the owner was clueless: He actually thought the gun was a .380 weapon, instead of a 9mm. Unbelievable.
Secondly, the negligent owner actually claims he thought the weapon was not loaded. Not credible.
Thirdly, the owner says, he placed the weapon on the floor of his truck, and his dog "kicked it". Hmmmm --- if you say so.
In the meantime, in another bizarre story of Florida shootings, over in St. Petersburg, Florida, a woman claims she was shot by a gun in "a friend's oven".
[usnews.nbcnews.com/news/2-26-2013/ "Florida Man Shot By His Dog, Police Say"; www2.highlandstoday.com/news/2-25-2013/ "Dog Shoots Man Accidentally, Police Say"; usnews.nbcnews.com/2-21-2013/ "Woman Shot By Oven While Trying To Cook Waffles"]
On Saturday, February 23rd, 2013, a Frostproof, Florida dog accidentally shot his owner, a 35-year old man, with a 9mm pistol.
It was not the dog's fault. The owner was contributorily negligent --- at the very least. No charges will be filed against the dog.
First of all, the owner was clueless: He actually thought the gun was a .380 weapon, instead of a 9mm. Unbelievable.
Secondly, the negligent owner actually claims he thought the weapon was not loaded. Not credible.
Thirdly, the owner says, he placed the weapon on the floor of his truck, and his dog "kicked it". Hmmmm --- if you say so.
In the meantime, in another bizarre story of Florida shootings, over in St. Petersburg, Florida, a woman claims she was shot by a gun in "a friend's oven".
[usnews.nbcnews.com/news/2-26-2013/ "Florida Man Shot By His Dog, Police Say"; www2.highlandstoday.com/news/2-25-2013/ "Dog Shoots Man Accidentally, Police Say"; usnews.nbcnews.com/2-21-2013/ "Woman Shot By Oven While Trying To Cook Waffles"]
BALTIMORE, MARYLAND LEAD PAINT DEFENSE Client Alert: www.CharlesJeromeWare.com
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is one of Maryland's premier lead paint defense firms.
Along with its expertise in lead paint defense work, the firm is very highly regarded in the areas of criminal defense and civil litigation, medical malpractice and wrongful death, personal injury and transactional legal matters.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
Lead paint lawsuits by tenants against landlords have increased during the past few years as the public has become more aware of the dangers created by lead paint.
Lawyers who represent injured children or residential landlords should investigate the facts to determine the identity of potentially liable defendants, the cause or causes of the injury, the potential defenses to the claim, which experts to utilize, and the different types of damages available in the case.
How Much in Damages Can Be Expected?
Damages recoverable in lead paint suits are similar to those recoverable in other types of personal injury litigations: loss of earning capacity, medical expenses, and pain and suffering. Parents may have a claim for loss of consortium in some jurisdictions. Also, some jurisdictions allow for the recovery of punitive damages if the facts of the case establish the elements for the award.
The largest dollar claim for damages generally falls under the category of vocational limitations.
In most cases, plaintiffs allege that the exposed child will be restricted in vocational options as an adult due to irreversible injuries caused by the exposure to lead that permanently disable the affected child. As a result, the child's earning capacity as an adult will be diminished.
In an attempt to mitigate loss of earning capacity damages, defendants may present evidence that the parents possess modest or below-average intelligence, together with expert testimony that children usually exhibit a level of intelligence that mirrors their parents.
The assessment by the defendant on vocational damages may focus on the child's home environment and the parents' child-rearing practices. These factors may strongly affect a child's cognitive behavior and development.
Defense counsel may argue that it is better to assess a child's future earning capacity on familial elements rather than on lead exposure.
Maryland Environmental Article 6-8, also referred to as Maryland Housing Bill 760, "The Lead Poisoning Prevention Program" statute, was signed into law in May 1994 and became fully effective on February 24, 1996.
The law is intended to make all privately owned pre-1950 rental housing units safer for children, while also helping rental property owners and managers to avoid costly lead poisoning litigation by complying with specific lead hazard reduction measures or a dust testing procedure set forth in the statute. This statutory provision applies to all such housing units and, at an owner's option, to rental units built after 1949.
In essence, the law sharply limits the rights of children and their representatives to traditional tort damages for lead poisoning, provided that: (1) the property owner has satisfied certain housing unit registration requirements; and (2) the unit has either passed lead dust tests or undergone a set of "risk reduction measures" which must be verified by an independent, certified third party who performs a visual inspection When the unit meets this standard, the owner is entitled to a limited tort immunity.
However, if a child living in the unit develops an elevated blood lead level which exceeds 20 micrograms of lead per deciliter of blood, the owner has the option of making a "qualified offer" to the child and his or her legal representative.
A qualified offer is, in effect, a settlement of that child's potential lead poisoning claim and provides remedial compensation.
Under the provisions established in House Bill 760 for the qualified offer, the owner and his or her insurance company would: (1) offer to relocate the child's family to a housing unit that has been certified as "lead-safe," including payment of a rent differential if the "lead-safe" unit rents at a higher monthly rate; and (2) pay for any necessary medical treatment to mitigate the effects of lead poisoning when the treatment is not covered by a health insurance plan or public medical assistance.
Relocation expenses are payable until the poisoned child reaches age six, subject to a $9,500 cap. Out-of-pocket medical expenses are payable until the poisoned child reaches the age of 18, subject to a $7,500 cap.
Since a major reason for enacting House Bill 760 was the widespread and routine application of lead liability exclusions in general liability policies covering rental housing units, the statute adds provisions to the Maryland Insurance Code which limit the circumstances under which these exclusions would be effective. Therefore, access to insurance and limited liability are the primary incentives or benefits to owners of pre-1950 units who meet the statutory risk reduction standards. Additionally, the systematic reduction of lead-based paint hazards in these older units is meant to be the primary means for preventing lead poisoning in the state.
In summary, Maryland House Bill 760 takes on some of the most difficult public health, housing and liability issues posed by childhood lead poisoning to provide a measure of safety for children and a relief from the threat of litigation for rental property owners.
On October 24, 2011, the Maryland Court of Appeals in Jackson v. Dackman, struck down as invalid a statutory provision in Maryland’s Reduction of Lead Risk in Housing Act (“Act”) that provided immunity from liability to landlords if: (1) they achieved full compliance with certain requirements under the Act including registration and timely renewal of rental properties constructed prior to 1950; compliance with applicable risk reduction and response standards; and compliance with notice requirements to tenants; and (2) they had opportunity to make a qualified offer of up to $17,000 for reasonable relocation and medical expenses.
In light of the Dackman decision, landlords have found themselves facing a great deal of uncertainty and many are concerned that they may now be potentially exposed to huge liability claims, even if they previously had been fully compliant with the Act’s provisions.
Charles Jerome Ware, P.A., Attorneys and Counsellors can provide winning defense representation for:
For detailed information about the federal law and how to obtain copies of the federally mandated pamphlet, call the National Lead Clearinghouse at 1-800-424-LEAD (5323) or the Coalition to End Childhood Lead Poisoning at 410-534-6447.
Additionally, for detailed information about the Maryland law and how to obtain copies of the state-mandated “Notice of Tenants’ Rights” call the Maryland Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009, or the Coalition to End Childhood Lead Poisoning at 800-370-LEAD.
The law exempts rental units owned or operated by federal, state, or local government or by a public, quasi-public, or municipal corporation, provided the property is subject to standards that are at least as strict as the standards established by this law.
[www.nchh.org/Policy/MarylandLeadLaw; www.pklaw.com/lead paint defense; www.peoples-law.org/Lead Paint in Maryland; articles.baltimoresun.com/2010-12-02/health/bs-md-rockind-appeal; www.mde.state.md.us/programs/ Lead Poisoning Prevention/Pages/Programs/Land Program/Lead Coordination/index.aspx; www.americanbar.org/newsletter (Spring 1997)]
Along with its expertise in lead paint defense work, the firm is very highly regarded in the areas of criminal defense and civil litigation, medical malpractice and wrongful death, personal injury and transactional legal matters.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
Lead paint lawsuits by tenants against landlords have increased during the past few years as the public has become more aware of the dangers created by lead paint.
Lawyers who represent injured children or residential landlords should investigate the facts to determine the identity of potentially liable defendants, the cause or causes of the injury, the potential defenses to the claim, which experts to utilize, and the different types of damages available in the case.
How Much in Damages Can Be Expected?
Damages recoverable in lead paint suits are similar to those recoverable in other types of personal injury litigations: loss of earning capacity, medical expenses, and pain and suffering. Parents may have a claim for loss of consortium in some jurisdictions. Also, some jurisdictions allow for the recovery of punitive damages if the facts of the case establish the elements for the award.
The largest dollar claim for damages generally falls under the category of vocational limitations.
In most cases, plaintiffs allege that the exposed child will be restricted in vocational options as an adult due to irreversible injuries caused by the exposure to lead that permanently disable the affected child. As a result, the child's earning capacity as an adult will be diminished.
In an attempt to mitigate loss of earning capacity damages, defendants may present evidence that the parents possess modest or below-average intelligence, together with expert testimony that children usually exhibit a level of intelligence that mirrors their parents.
The assessment by the defendant on vocational damages may focus on the child's home environment and the parents' child-rearing practices. These factors may strongly affect a child's cognitive behavior and development.
Defense counsel may argue that it is better to assess a child's future earning capacity on familial elements rather than on lead exposure.
Maryland Lead Law
Maryland Environmental Article 6-8 - "The Lead Poisoning Prevention Program" Statute
Maryland Environmental Article 6-8, also referred to as Maryland Housing Bill 760, "The Lead Poisoning Prevention Program" statute, was signed into law in May 1994 and became fully effective on February 24, 1996.
The law is intended to make all privately owned pre-1950 rental housing units safer for children, while also helping rental property owners and managers to avoid costly lead poisoning litigation by complying with specific lead hazard reduction measures or a dust testing procedure set forth in the statute. This statutory provision applies to all such housing units and, at an owner's option, to rental units built after 1949.
In essence, the law sharply limits the rights of children and their representatives to traditional tort damages for lead poisoning, provided that: (1) the property owner has satisfied certain housing unit registration requirements; and (2) the unit has either passed lead dust tests or undergone a set of "risk reduction measures" which must be verified by an independent, certified third party who performs a visual inspection When the unit meets this standard, the owner is entitled to a limited tort immunity.
However, if a child living in the unit develops an elevated blood lead level which exceeds 20 micrograms of lead per deciliter of blood, the owner has the option of making a "qualified offer" to the child and his or her legal representative.
A qualified offer is, in effect, a settlement of that child's potential lead poisoning claim and provides remedial compensation.
Under the provisions established in House Bill 760 for the qualified offer, the owner and his or her insurance company would: (1) offer to relocate the child's family to a housing unit that has been certified as "lead-safe," including payment of a rent differential if the "lead-safe" unit rents at a higher monthly rate; and (2) pay for any necessary medical treatment to mitigate the effects of lead poisoning when the treatment is not covered by a health insurance plan or public medical assistance.
Relocation expenses are payable until the poisoned child reaches age six, subject to a $9,500 cap. Out-of-pocket medical expenses are payable until the poisoned child reaches the age of 18, subject to a $7,500 cap.
Since a major reason for enacting House Bill 760 was the widespread and routine application of lead liability exclusions in general liability policies covering rental housing units, the statute adds provisions to the Maryland Insurance Code which limit the circumstances under which these exclusions would be effective. Therefore, access to insurance and limited liability are the primary incentives or benefits to owners of pre-1950 units who meet the statutory risk reduction standards. Additionally, the systematic reduction of lead-based paint hazards in these older units is meant to be the primary means for preventing lead poisoning in the state.
In summary, Maryland House Bill 760 takes on some of the most difficult public health, housing and liability issues posed by childhood lead poisoning to provide a measure of safety for children and a relief from the threat of litigation for rental property owners.
Jackson, et al. v. The Dackman Company, et al.
No. 131, September Term 2008 (Md. Oct. 24, 2011)
In light of the Dackman decision, landlords have found themselves facing a great deal of uncertainty and many are concerned that they may now be potentially exposed to huge liability claims, even if they previously had been fully compliant with the Act’s provisions.
Charles Jerome Ware, P.A., Attorneys and Counsellors can provide winning defense representation for:
- Defense of Lead Paint Cases
- Asset Protection
and can assist lead paint insurance carriers and claims representatives with: - Defense of Lead Paint Cases
- Presentations on Maryland’s Evolving Lead Paint Laws
Comparing State and Federal Laws
Federal and state laws address lead poisoning issues in slightly different ways. A shared feature is that each law requires that specific information be given to current and new tenants. Both Federal and Maryland law require landlords to give to each tenant the pamphlet “Protect Your Family from Lead in Your Home”. Maryland law also requires distribution by landlords of an additional pamphlet entitled “Lead Poisoning Prevention - Notice of Tenants’ Rights”.For detailed information about the federal law and how to obtain copies of the federally mandated pamphlet, call the National Lead Clearinghouse at 1-800-424-LEAD (5323) or the Coalition to End Childhood Lead Poisoning at 410-534-6447.
Additionally, for detailed information about the Maryland law and how to obtain copies of the state-mandated “Notice of Tenants’ Rights” call the Maryland Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009, or the Coalition to End Childhood Lead Poisoning at 800-370-LEAD.
Maryland Lead Poisoning Prevention Program
In 1994 the General Assembly established the Lead Poisoning Prevention Program for the purpose of reducing the incidence of childhood lead poisoning while maintaining the stock of affordable rental housing. This program requires owners of older residential rental properties to meet certain risk reduction standards. It also provides more affordable insurance and the protection of limited liability for owners who comply. It is administered by the Maryland Department of the Environment (MDE). For more information call the Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009. Read the Law: MD Code, Environment § 6-801- 6-852; Article 48A, Secs. 734-737; Real Prop. § 8-208.2Following is a summary of the law:
The owners of all rental dwelling units built before 1950 must comply with this law. Owners of units built between 1950 and 1978 may choose to comply and thus benefit from limited liability.The law exempts rental units owned or operated by federal, state, or local government or by a public, quasi-public, or municipal corporation, provided the property is subject to standards that are at least as strict as the standards established by this law.
[www.nchh.org/Policy/MarylandLeadLaw; www.pklaw.com/lead paint defense; www.peoples-law.org/Lead Paint in Maryland; articles.baltimoresun.com/2010-12-02/health/bs-md-rockind-appeal; www.mde.state.md.us/programs/ Lead Poisoning Prevention/Pages/Programs/Land Program/Lead Coordination/index.aspx; www.americanbar.org/newsletter (Spring 1997)]
MEDICAL NEGLIGENCE CLIENT ALERT: $5.28 MILLION AWARD --- FAILURE TO READ MEDICAL RECORDS A PRIMARY CARE MALPRACTICE
www.CharlesJeromeWare.com ("We fight. You win.")
The national medical malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of medical malpractice, automobile death, criminal defense, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier medical malpractice law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
$5,280,000 ARBITRATION AWARD – MEDICAL MALPRACTICE – PRIMARY CARE – FAILURE TO READ MEDICAL RECORDS AND ADMINISTER BROAD SPECTRUM ANTIBIOTICS TO DECEDENT – WRONGFUL DEATH OF DECEDENT FROM SEPSIS LESS THAN 24 HOURS AFTER ADMISSION TO HOSPITAL.
In this medical malpractice matter, the plaintiff alleged that the defendant physician was negligent in failing to appreciate the patient’s, a 45-year old female, compromised health condition when prescribing antibiotics, which resulted in septic shock from bacteria. The defendant denied the allegations and disputed that there was any deviation from acceptable standards of care.
[massachusetts; www.jvra.com/187676]
The national medical malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of medical malpractice, automobile death, criminal defense, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier medical malpractice law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
$5,280,000 ARBITRATION AWARD – MEDICAL MALPRACTICE – PRIMARY CARE – FAILURE TO READ MEDICAL RECORDS AND ADMINISTER BROAD SPECTRUM ANTIBIOTICS TO DECEDENT – WRONGFUL DEATH OF DECEDENT FROM SEPSIS LESS THAN 24 HOURS AFTER ADMISSION TO HOSPITAL.
In this medical malpractice matter, the plaintiff alleged that the defendant physician was negligent in failing to appreciate the patient’s, a 45-year old female, compromised health condition when prescribing antibiotics, which resulted in septic shock from bacteria. The defendant denied the allegations and disputed that there was any deviation from acceptable standards of care.
[massachusetts; www.jvra.com/187676]
Nikita Levy - Hopkins Gynecologist
www.CharlesJeromeWare.com
twitter.com/CharlesJWare
Were you a patient of Dr. Levy? Contact us today at (410) 720-6129 or (410) 730-5016. "Here to make a difference."
www.CharlesJeromeWare.com
The national medical malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of medical malpractice, automobile death, criminal defense, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier medical malpractice law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
twitter.com/CharlesJWare
Were you a patient of Dr. Levy? Contact us today at (410) 720-6129 or (410) 730-5016. "Here to make a difference."
www.CharlesJeromeWare.com
The national medical malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of medical malpractice, automobile death, criminal defense, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier medical malpractice law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
DR. NIKITA LEVY: Were You A Patient Of? www.CharlesJeromeWare.com (EXCEL)
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors: EXCEL ("Effective, Excellent, Caring and Efficient Lawyers"). Still working. Still committed. Still here to make a difference.
It is alleged that former Johns Hopkins Hospital gynecologist and obstetrician Dr. Nikita Levy, who practiced at the East Baltimore Medical Center for Hopkins, violated the trust and privacy of his patients by, inter alia, recording inappropriate videos and taking improper photographs of them.
I you were ever one of Dr. Levy's patients, you should contact us immediately to discuss your concerns and learn about your legal rights.
www.CharlesJeromeWare.com
The national medical malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of medical malpractice, automobile death, criminal defense, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier medical malpractice law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
It is alleged that former Johns Hopkins Hospital gynecologist and obstetrician Dr. Nikita Levy, who practiced at the East Baltimore Medical Center for Hopkins, violated the trust and privacy of his patients by, inter alia, recording inappropriate videos and taking improper photographs of them.
I you were ever one of Dr. Levy's patients, you should contact us immediately to discuss your concerns and learn about your legal rights.
www.CharlesJeromeWare.com
The national medical malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of medical malpractice, automobile death, criminal defense, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier medical malpractice law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
Tuesday, February 26, 2013
MARYLAND'S BEST LEAD PAINT DEFENSE LAWYERS
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
Maryland Environmental Article 6-8, also referred to as Maryland Housing Bill 760, "The Lead Poisoning Prevention Program" statute, was signed into law in May 1994 and became fully effective on February 24, 1996.
The law is intended to make all privately owned pre-1950 rental housing units safer for children, while also helping rental property owners and managers to avoid costly lead poisoning litigation by complying with specific lead hazard reduction measures or a dust testing procedure set forth in the statute. This statutory provision applies to all such housing units and, at an owner's option, to rental units built after 1949.
In essence, the law sharply limits the rights of children and their representatives to traditional tort damages for lead poisoning, provided that: (1) the property owner has satisfied certain housing unit registration requirements; and (2) the unit has either passed lead dust tests or undergone a set of "risk reduction measures" which must be verified by an independent, certified third party who performs a visual inspection When the unit meets this standard, the owner is entitled to a limited tort immunity.
However, if a child living in the unit develops an elevated blood lead level which exceeds 20 micrograms of lead per deciliter of blood, the owner has the option of making a "qualified offer" to the child and his or her legal representative.
A qualified offer is, in effect, a settlement of that child's potential lead poisoning claim and provides remedial compensation.
Under the provisions established in House Bill 760 for the qualified offer, the owner and his or her insurance company would: (1) offer to relocate the child's family to a housing unit that has been certified as "lead-safe," including payment of a rent differential if the "lead-safe" unit rents at a higher monthly rate; and (2) pay for any necessary medical treatment to mitigate the effects of lead poisoning when the treatment is not covered by a health insurance plan or public medical assistance.
Relocation expenses are payable until the poisoned child reaches age six, subject to a $9,500 cap. Out-of-pocket medical expenses are payable until the poisoned child reaches the age of 18, subject to a $7,500 cap.
Since a major reason for enacting House Bill 760 was the widespread and routine application of lead liability exclusions in general liability policies covering rental housing units, the statute adds provisions to the Maryland Insurance Code which limit the circumstances under which these exclusions would be effective. Therefore, access to insurance and limited liability are the primary incentives or benefits to owners of pre-1950 units who meet the statutory risk reduction standards. Additionally, the systematic reduction of lead-based paint hazards in these older units is meant to be the primary means for preventing lead poisoning in the state.
In summary, Maryland House Bill 760 takes on some of the most difficult public health, housing and liability issues posed by childhood lead poisoning to provide a measure of safety for children and a relief from the threat of litigation for rental property owners.
On October 24, 2011, the Maryland Court of Appeals in Jackson v. Dackman, struck down as invalid a statutory provision in Maryland’s Reduction of Lead Risk in Housing Act (“Act”) that provided immunity from liability to landlords if: (1) they achieved full compliance with certain requirements under the Act including registration and timely renewal of rental properties constructed prior to 1950; compliance with applicable risk reduction and response standards; and compliance with notice requirements to tenants; and (2) they had opportunity to make a qualified offer of up to $17,000 for reasonable relocation and medical expenses.
In light of the Dackman decision, landlords have found themselves facing a great deal of uncertainty and many are concerned that they may now be potentially exposed to huge liability claims, even if they previously had been fully compliant with the Act’s provisions.
Charles Jerome Ware, P.A., Attorneys and Counsellors can provide winning defense representation for:
For detailed information about the federal law and how to obtain copies of the federally mandated pamphlet, call the National Lead Clearinghouse at 1-800-424-LEAD (5323) or the Coalition to End Childhood Lead Poisoning at 410-534-6447.
Additionally, for detailed information about the Maryland law and how to obtain copies of the state-mandated “Notice of Tenants’ Rights” call the Maryland Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009, or the Coalition to End Childhood Lead Poisoning at 800-370-LEAD.
The law exempts rental units owned or operated by federal, state, or local government or by a public, quasi-public, or municipal corporation, provided the property is subject to standards that are at least as strict as the standards established by this law.
[www.nchh.org/Policy/MarylandLeadLaw; www.pklaw.com/lead paint defense; www.peoples-law.org/Lead Paint in Maryland; articles.baltimoresun.com/2010-12-02/health/bs-md-rockind-appeal; www.mde.state.md.us/programs/ Lead Poisoning Prevention/Pages/Programs/Land Program/Lead Coordination/index.aspx]
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
Maryland Lead Law
Maryland Environmental Article 6-8 - "The Lead Poisoning Prevention Program" Statute
Maryland Environmental Article 6-8, also referred to as Maryland Housing Bill 760, "The Lead Poisoning Prevention Program" statute, was signed into law in May 1994 and became fully effective on February 24, 1996.
The law is intended to make all privately owned pre-1950 rental housing units safer for children, while also helping rental property owners and managers to avoid costly lead poisoning litigation by complying with specific lead hazard reduction measures or a dust testing procedure set forth in the statute. This statutory provision applies to all such housing units and, at an owner's option, to rental units built after 1949.
In essence, the law sharply limits the rights of children and their representatives to traditional tort damages for lead poisoning, provided that: (1) the property owner has satisfied certain housing unit registration requirements; and (2) the unit has either passed lead dust tests or undergone a set of "risk reduction measures" which must be verified by an independent, certified third party who performs a visual inspection When the unit meets this standard, the owner is entitled to a limited tort immunity.
However, if a child living in the unit develops an elevated blood lead level which exceeds 20 micrograms of lead per deciliter of blood, the owner has the option of making a "qualified offer" to the child and his or her legal representative.
A qualified offer is, in effect, a settlement of that child's potential lead poisoning claim and provides remedial compensation.
Under the provisions established in House Bill 760 for the qualified offer, the owner and his or her insurance company would: (1) offer to relocate the child's family to a housing unit that has been certified as "lead-safe," including payment of a rent differential if the "lead-safe" unit rents at a higher monthly rate; and (2) pay for any necessary medical treatment to mitigate the effects of lead poisoning when the treatment is not covered by a health insurance plan or public medical assistance.
Relocation expenses are payable until the poisoned child reaches age six, subject to a $9,500 cap. Out-of-pocket medical expenses are payable until the poisoned child reaches the age of 18, subject to a $7,500 cap.
Since a major reason for enacting House Bill 760 was the widespread and routine application of lead liability exclusions in general liability policies covering rental housing units, the statute adds provisions to the Maryland Insurance Code which limit the circumstances under which these exclusions would be effective. Therefore, access to insurance and limited liability are the primary incentives or benefits to owners of pre-1950 units who meet the statutory risk reduction standards. Additionally, the systematic reduction of lead-based paint hazards in these older units is meant to be the primary means for preventing lead poisoning in the state.
In summary, Maryland House Bill 760 takes on some of the most difficult public health, housing and liability issues posed by childhood lead poisoning to provide a measure of safety for children and a relief from the threat of litigation for rental property owners.
Jackson, et al. v. The Dackman Company, et al.
No. 131, September Term 2008 (Md. Oct. 24, 2011)
In light of the Dackman decision, landlords have found themselves facing a great deal of uncertainty and many are concerned that they may now be potentially exposed to huge liability claims, even if they previously had been fully compliant with the Act’s provisions.
Charles Jerome Ware, P.A., Attorneys and Counsellors can provide winning defense representation for:
- Defense of Lead Paint Cases
- Asset Protection
and can assist lead paint insurance carriers and claims representatives with: - Defense of Lead Paint Cases
- Presentations on Maryland’s Evolving Lead Paint Laws
Comparing State and Federal Laws
Federal and state laws address lead poisoning issues in slightly different ways. A shared feature is that each law requires that specific information be given to current and new tenants. Both Federal and Maryland law require landlords to give to each tenant the pamphlet “Protect Your Family from Lead in Your Home”. Maryland law also requires distribution by landlords of an additional pamphlet entitled “Lead Poisoning Prevention - Notice of Tenants’ Rights”.For detailed information about the federal law and how to obtain copies of the federally mandated pamphlet, call the National Lead Clearinghouse at 1-800-424-LEAD (5323) or the Coalition to End Childhood Lead Poisoning at 410-534-6447.
Additionally, for detailed information about the Maryland law and how to obtain copies of the state-mandated “Notice of Tenants’ Rights” call the Maryland Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009, or the Coalition to End Childhood Lead Poisoning at 800-370-LEAD.
Maryland Lead Poisoning Prevention Program
In 1994 the General Assembly established the Lead Poisoning Prevention Program for the purpose of reducing the incidence of childhood lead poisoning while maintaining the stock of affordable rental housing. This program requires owners of older residential rental properties to meet certain risk reduction standards. It also provides more affordable insurance and the protection of limited liability for owners who comply. It is administered by the Maryland Department of the Environment (MDE). For more information call the Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009. Read the Law: MD Code, Environment § 6-801- 6-852; Article 48A, Secs. 734-737; Real Prop. § 8-208.2Following is a summary of the law:
The owners of all rental dwelling units built before 1950 must comply with this law. Owners of units built between 1950 and 1978 may choose to comply and thus benefit from limited liability.The law exempts rental units owned or operated by federal, state, or local government or by a public, quasi-public, or municipal corporation, provided the property is subject to standards that are at least as strict as the standards established by this law.
[www.nchh.org/Policy/MarylandLeadLaw; www.pklaw.com/lead paint defense; www.peoples-law.org/Lead Paint in Maryland; articles.baltimoresun.com/2010-12-02/health/bs-md-rockind-appeal; www.mde.state.md.us/programs/ Lead Poisoning Prevention/Pages/Programs/Land Program/Lead Coordination/index.aspx]
MARYLAND GYNECOLOGIST MISCONDUCT
Presented as a public service by the national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors.
www.CharlesJeromeWare.com
The national criminal defense, medical and health malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in these areas in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier medical misconduct and negligence law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
15 TIPS FOR FEMALE PATIENTS TO AVOID SEXUAL ABUSE AND INVASION OF PRIVACY IN MEDICAL SETTINGS
________________________________________________________
(8.) Do not listen to recommendations from family members or friends about male gynecologists who may be good. Many people thought that the male gynecologists who have sexually abused patients were wonderful doctors who would never do anything inappropriate. Find yourself a female gynecologist to avoid the risk that you might be abused by a male doctor. Some women prefer female midwives or Nurse Practitioners to do their women's wellness exams and that is a good choice too.
(9.) If you are going to be put under anesthesia, you should insist that you have a family member or a friend present for your procedure to protect you. Patients who are under anesthesia are very vulnerable because they have no control over what happens. Many patients are unnecessarily stripped naked for surgeries. One female hand surgery patient had her gown and underwear removed after she was put under anesthesia. The only reason she found out was because she woke up in middle of the surgery.
(10.) Never assume that a well-respected doctor will never do anything inappropriate. A well-respected doctor did unnecessary breast exams on high school girls whose mothers were not present for sports physicals.
(11.) Never assume that your male doctor of many years is not capable of abusing you because he has not abused you in the past. One lady was abused by her doctor after seeing him for many years.
(12.) Make a firm decision that you will not let a male doctor or nurse touch any parts of your body that are covered by a two piece bathing suit. This is a good way to prevent you from being sexually abused by a male medical personnel.
(13.) If you must be hospitalized, it would be best if you could have someone not employed by the hospital present with you at least most of the time especially when you are asleep or drowsy.
(14.) Insist that no male nurse give you a bath or do intimate procedures on you such as urinary catheterizations. Many unnecessary urinary catheterizations are done. If you must be catheterized, ask that a female nurse insert your catheter.
(15.) Insist on a female technician for EKG, transvaginal ultrasound (if needed), etc.
[sexualmisconductbydoctors.com]
www.CharlesJeromeWare.com
The national criminal defense, medical and health malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in these areas in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier medical misconduct and negligence law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
15 TIPS FOR FEMALE PATIENTS TO AVOID SEXUAL ABUSE AND INVASION OF PRIVACY IN MEDICAL SETTINGS
________________________________________________________
In society, girls and women are always given tips on how to protect themselves from sexual abuse, but you rarely hear about how to prevent sexual abuse in medical settings. Sexual abuse in medical settings is more common than many people realize.
If you look through medical boards and newspapers in the United States, you will notice that some doctors and nurses have been accused of sexual misconduct. There are many unreported cases because patients are afraid to speak up about the abuse they experienced because they know that it is very easy for doctors and nurses to get away with wrongdoing. Some doctors that have committed sexual misconduct have continued to practice.
(1.) Choose your healthcare providers carefully.
(2.) It is best for a female patient to never go to a male gynecologist if possible. If you already have a male gynecologist, you should look at switching to a female gynecologist. There are so many good female ob/gyns you could choose from. If your area doesn't have any female ob/gyns, you should check into having a female Nurse Practitioner or Physician's Assistant do your women's health examinations. If you do research, you will find cases of sexual abuse by male gynecologists all over the US. You are in a very vulnerable position when you let a male doctor do intimate procedures on you. Having a nurse or an assistant present in the room with the doctor doesn't guarantee that nothing inappropriate would happen to you. Remember that the nurse or assistant is present to "protect" the doctor and will often be on the doctor's side. There have been cases where female patients felt the male doctor went too far, but the nurse or assistant felt he was simply doing thorough examinations. There was one case where everything happened so quickly that took the nurse off guard and she was not able to report what happened until the female patient left. It is certainly not worth the risk to let a male doctor do intimate female procedures or examinations. It would also be prudent to have a female doctor perform your colonoscopy if you must have the procedure. Some male gastroenterologists have taken advantage of women while they were under anesthesia for colonoscopy. One female patient found semen from the doctor on her face after she woke up from a colonoscopy in a Texas hospital. Check out a disciplinary action that was taken against another gastroenterologist that has been accused of sexually assaulting some female patients by Wisconsin Department of Regulation & Licensing.
(3) Even with female ob/gyns, you have to take some precautions. It is very rare for female ob/gyns to commit sexual misconduct, but it is possible. Some female doctors are very coercive when it comes to doing things. You need to speak up about things you don't want to be done to you. For example, one female ob/gyn ignored a lady's wishes in writing that she didn't want any medical students present for her C-Section. It is wise to have someone who can help you advocate for what you want. You should ask the female ob/gyn to tell you in details about what exactly what she will be doing and if there is anything you don't like, you should speak up. Find out who all will be present for the procedure.
(4.) Do not allow yourself to be pressured into having a pelvic exam, pap smear, or breast exam at any doctor appointments. Some female patients have gone to the doctor for other health concerns and were pressured into having unnecessary examinations. For instance if you go in for a sore throat and you think you may have strep throat, don't spend time listening to a lecture by the doctor about how important it is to have a pap smear and that you need one today. If something like that happens, tell the doctor you are not interested and you only want to talk about the reason you came in (ex: your throat is sore).
(5.) Don't undress or put on a medical gown when it is unnecessary and/or you feel uncomfortable. There are so many procedures and tests that doctors can do on you without you having to change your clothes. For example, there's no need to change into a medical gown for a strep throat test.
(6.) Keep in mind that it is unnecessary for you to take your shirt off for the doctor to listen to your heart. You should wear a thin shirt and not a sweatshirt. It is strange, but many doctors don't even ask men to take their shirts off to listen to their hearts, but they ask women to. That tells you something is wrong.
(7.) You should think in advance about what parts of your body the doctor should examine and dress accordingly. For instance if you have a knee problem that you want the doctor to check out, you should put shorts instead of pants on so you would not have to take any of your clothes off in the doctor's office.
(8.) Do not listen to recommendations from family members or friends about male gynecologists who may be good. Many people thought that the male gynecologists who have sexually abused patients were wonderful doctors who would never do anything inappropriate. Find yourself a female gynecologist to avoid the risk that you might be abused by a male doctor. Some women prefer female midwives or Nurse Practitioners to do their women's wellness exams and that is a good choice too.
(9.) If you are going to be put under anesthesia, you should insist that you have a family member or a friend present for your procedure to protect you. Patients who are under anesthesia are very vulnerable because they have no control over what happens. Many patients are unnecessarily stripped naked for surgeries. One female hand surgery patient had her gown and underwear removed after she was put under anesthesia. The only reason she found out was because she woke up in middle of the surgery.
(10.) Never assume that a well-respected doctor will never do anything inappropriate. A well-respected doctor did unnecessary breast exams on high school girls whose mothers were not present for sports physicals.
(11.) Never assume that your male doctor of many years is not capable of abusing you because he has not abused you in the past. One lady was abused by her doctor after seeing him for many years.
(12.) Make a firm decision that you will not let a male doctor or nurse touch any parts of your body that are covered by a two piece bathing suit. This is a good way to prevent you from being sexually abused by a male medical personnel.
(13.) If you must be hospitalized, it would be best if you could have someone not employed by the hospital present with you at least most of the time especially when you are asleep or drowsy.
(14.) Insist that no male nurse give you a bath or do intimate procedures on you such as urinary catheterizations. Many unnecessary urinary catheterizations are done. If you must be catheterized, ask that a female nurse insert your catheter.
(15.) Insist on a female technician for EKG, transvaginal ultrasound (if needed), etc.
[sexualmisconductbydoctors.com]
IKEA HORSEMEAT!
www.CharlesJeromeWare.com
twitter.com/charlesjware
Horse meat has been found in alleged beef and pork meatballs prepared for distribution by Swedish global furniture giant IKEA.
The horse meat was found in one-kilogram packs of frozen meat balls made in Sweden and shipped to the Czech Republic for sale in Ikea stores there, the Czech State Veterinary Administration said.
It is the latest discovery in a deepening scandal over the discovery of horse meat in ready meals sold as beef in supermarkets in Ireland, the UK and other European countries.
A total of 1,675 pounds of the meatballs were stopped from reaching the shelves.
Ikea's furniture stores feature restaurants and also sell food typical of the company's home country, including the so-called Kottbullar meat balls.
The Czech authority also found horse meat in beef burgers imported from Poland during random tests of food products.
Authorities across Europe have started doing random DNA checks after traces of horse meat turned up in frozen supermarket meals such as burgers and lasagna beginning in January 2013.
The European Union's agriculture ministers gathered in Brussels Monday to discuss the widening scandal's fallout, with some member states pressing for tougher rules to regain consumer confidence.
[http://worldnews.nbcnews.com/_news/2013/02/25/17085986-horse-meat-found-in-ikea-me..]
twitter.com/charlesjware
Horse meat has been found in alleged beef and pork meatballs prepared for distribution by Swedish global furniture giant IKEA.
The horse meat was found in one-kilogram packs of frozen meat balls made in Sweden and shipped to the Czech Republic for sale in Ikea stores there, the Czech State Veterinary Administration said.
It is the latest discovery in a deepening scandal over the discovery of horse meat in ready meals sold as beef in supermarkets in Ireland, the UK and other European countries.
A total of 1,675 pounds of the meatballs were stopped from reaching the shelves.
Ikea's furniture stores feature restaurants and also sell food typical of the company's home country, including the so-called Kottbullar meat balls.
The Czech authority also found horse meat in beef burgers imported from Poland during random tests of food products.
Authorities across Europe have started doing random DNA checks after traces of horse meat turned up in frozen supermarket meals such as burgers and lasagna beginning in January 2013.
The European Union's agriculture ministers gathered in Brussels Monday to discuss the widening scandal's fallout, with some member states pressing for tougher rules to regain consumer confidence.
[http://worldnews.nbcnews.com/_news/2013/02/25/17085986-horse-meat-found-in-ikea-me..]
Monday, February 25, 2013
HORSE MEAT FOUND IN IKEA FURNITURE (Oops! We mean "IKEA meatballs"!)
www.CharlesJeromeWare.com
twitter.com/charlesjware
Horse meat has been found in alleged beef and pork meatballs prepared for distribution by Swedish global furniture giant IKEA.
The horse meat was found in one-kilogram packs of frozen meat balls made in Sweden and shipped to the Czech Republic for sale in Ikea stores there, the Czech State Veterinary Administration said.
It is the latest discovery in a deepening scandal over the discovery of horse meat in ready meals sold as beef in supermarkets in Ireland, the UK and other European countries.
A total of 1,675 pounds of the meatballs were stopped from reaching the shelves.
Ikea's furniture stores feature restaurants and also sell food typical of the company's home country, including the so-called Kottbullar meat balls.
The Czech authority also found horse meat in beef burgers imported from Poland during random tests of food products.
Authorities across Europe have started doing random DNA checks after traces of horse meat turned up in frozen supermarket meals such as burgers and lasagna beginning in January 2013.
The European Union's agriculture ministers gathered in Brussels Monday to discuss the widening scandal's fallout, with some member states pressing for tougher rules to regain consumer confidence.
[http://worldnews.nbcnews.com/_news/2013/02/25/17085986-horse-meat-found-in-ikea-me..]
twitter.com/charlesjware
Horse meat has been found in alleged beef and pork meatballs prepared for distribution by Swedish global furniture giant IKEA.
The horse meat was found in one-kilogram packs of frozen meat balls made in Sweden and shipped to the Czech Republic for sale in Ikea stores there, the Czech State Veterinary Administration said.
It is the latest discovery in a deepening scandal over the discovery of horse meat in ready meals sold as beef in supermarkets in Ireland, the UK and other European countries.
A total of 1,675 pounds of the meatballs were stopped from reaching the shelves.
Ikea's furniture stores feature restaurants and also sell food typical of the company's home country, including the so-called Kottbullar meat balls.
The Czech authority also found horse meat in beef burgers imported from Poland during random tests of food products.
Authorities across Europe have started doing random DNA checks after traces of horse meat turned up in frozen supermarket meals such as burgers and lasagna beginning in January 2013.
The European Union's agriculture ministers gathered in Brussels Monday to discuss the widening scandal's fallout, with some member states pressing for tougher rules to regain consumer confidence.
[http://worldnews.nbcnews.com/_news/2013/02/25/17085986-horse-meat-found-in-ikea-me..]
GYNECOLOGIST MISCONDUCT: PATIENT TIPS
Presented as a public service by the national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors.
www.CharlesJeromeWare.com
The national criminal defense, medical and health malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in these areas in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier medical misconduct and negligence law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
15 TIPS FOR FEMALE PATIENTS TO AVOID SEXUAL ABUSE AND INVASION OF PRIVACY IN MEDICAL SETTINGS
________________________________________________________
(8.) Do not listen to recommendations from family members or friends about male gynecologists who may be good. Many people thought that the male gynecologists who have sexually abused patients were wonderful doctors who would never do anything inappropriate. Find yourself a female gynecologist to avoid the risk that you might be abused by a male doctor. Some women prefer female midwives or Nurse Practitioners to do their women's wellness exams and that is a good choice too.
(9.) If you are going to be put under anesthesia, you should insist that you have a family member or a friend present for your procedure to protect you. Patients who are under anesthesia are very vulnerable because they have no control over what happens. Many patients are unnecessarily stripped naked for surgeries. One female hand surgery patient had her gown and underwear removed after she was put under anesthesia. The only reason she found out was because she woke up in middle of the surgery.
(10.) Never assume that a well-respected doctor will never do anything inappropriate. A well-respected doctor did unnecessary breast exams on high school girls whose mothers were not present for sports physicals.
(11.) Never assume that your male doctor of many years is not capable of abusing you because he has not abused you in the past. One lady was abused by her doctor after seeing him for many years.
(12.) Make a firm decision that you will not let a male doctor or nurse touch any parts of your body that are covered by a two piece bathing suit. This is a good way to prevent you from being sexually abused by a male medical personnel.
(13.) If you must be hospitalized, it would be best if you could have someone not employed by the hospital present with you at least most of the time especially when you are asleep or drowsy.
(14.) Insist that no male nurse give you a bath or do intimate procedures on you such as urinary catheterizations. Many unnecessary urinary catheterizations are done. If you must be catheterized, ask that a female nurse insert your catheter.
(15.) Insist on a female technician for EKG, transvaginal ultrasound (if needed), etc.
[sexualmisconductbydoctors.com]
www.CharlesJeromeWare.com
The national criminal defense, medical and health malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in these areas in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier medical misconduct and negligence law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
15 TIPS FOR FEMALE PATIENTS TO AVOID SEXUAL ABUSE AND INVASION OF PRIVACY IN MEDICAL SETTINGS
________________________________________________________
In society, girls and women are always given tips on how to
protect themselves from sexual abuse, but you rarely hear about how to prevent
sexual abuse in medical settings. Sexual abuse in medical settings is more
common than many people realize.
If you look through medical boards and newspapers in the United
States, you will notice that some doctors and nurses have been accused of sexual
misconduct. There are many unreported cases because patients are afraid to speak
up about the abuse they experienced because they know that it is very easy for
doctors and nurses to get away with wrongdoing. Some doctors that have committed
sexual misconduct have continued to practice.
(1.) Choose your healthcare providers carefully.
(2.) It is best for a female patient to never go to a
male gynecologist if possible. If you already have a male gynecologist,
you should look at switching to a female gynecologist. There
are so many good female ob/gyns you could choose from. If your area doesn't have
any female ob/gyns, you should check into having a female Nurse Practitioner or
Physician's Assistant do your women's health examinations. If you do research,
you will find cases of sexual abuse by male gynecologists all over the US. You
are in a very vulnerable position when you let a male doctor do intimate
procedures on you. Having a nurse or an assistant present in the room with the
doctor doesn't guarantee that nothing inappropriate would happen to you.
Remember that the nurse or assistant is present to "protect" the doctor and will
often be on the doctor's side. There have been cases where female patients felt
the male doctor went too far, but the nurse or assistant felt he was simply
doing thorough examinations. There was one case where everything happened so
quickly that took the nurse off guard and she was not able to report what
happened until the female patient left. It is certainly not worth the risk to
let a male doctor do intimate female procedures or examinations. It would also
be prudent to have a female doctor perform your colonoscopy if you must have the
procedure. Some male gastroenterologists have taken advantage of women while
they were under anesthesia for colonoscopy. One female patient found semen from
the doctor on her face after she woke up from a colonoscopy in a Texas hospital.
Check out a disciplinary action that was taken against another
gastroenterologist that has been accused of sexually assaulting some female
patients by Wisconsin Department of Regulation & Licensing.
(3) Even with female ob/gyns, you have to take
some precautions. It is very rare for female ob/gyns to
commit sexual misconduct, but it is possible. Some female doctors are very
coercive when it comes to doing things. You need to speak up about things you
don't want to be done to you. For example, one female ob/gyn ignored a lady's
wishes in writing that she didn't want any medical students present for her
C-Section. It is wise to have someone who can help you advocate for what you
want. You should ask the female ob/gyn to tell you in details about what exactly
what she will be doing and if there is anything you don't like, you should speak
up. Find out who all will be present for the procedure.
(4.) Do not allow yourself to be pressured into
having a pelvic exam, pap smear, or breast exam at any doctor appointments. Some
female patients have gone to the doctor for other health concerns and were
pressured into having unnecessary examinations. For instance if you go in for a
sore throat and you think you may have strep throat, don't spend time listening
to a lecture by the doctor about how important it is to have a pap smear and
that you need one today. If something like that happens, tell the doctor you are
not interested and you only want to talk about the reason you came in (ex: your
throat is sore).
(5.) Don't undress or put on a medical gown
when it is unnecessary and/or you feel uncomfortable. There are so many
procedures and tests that doctors can do on you without you having to change
your clothes. For example, there's no need to change into a medical gown for a
strep throat test.
(6.) Keep in mind that it is unnecessary for
you to take your shirt off for the doctor to listen to your heart. You should
wear a thin shirt and not a sweatshirt. It is strange, but many doctors don't
even ask men to take their shirts off to listen to their hearts, but they ask
women to. That tells you something is wrong.
(7.) You should think in advance about what
parts of your body the doctor should examine and dress accordingly. For instance
if you have a knee problem that you want the doctor to check out, you should put
shorts instead of pants on so you would not have to take any of your clothes off
in the doctor's office.
(8.) Do not listen to recommendations from family members or friends about male gynecologists who may be good. Many people thought that the male gynecologists who have sexually abused patients were wonderful doctors who would never do anything inappropriate. Find yourself a female gynecologist to avoid the risk that you might be abused by a male doctor. Some women prefer female midwives or Nurse Practitioners to do their women's wellness exams and that is a good choice too.
(9.) If you are going to be put under anesthesia, you should insist that you have a family member or a friend present for your procedure to protect you. Patients who are under anesthesia are very vulnerable because they have no control over what happens. Many patients are unnecessarily stripped naked for surgeries. One female hand surgery patient had her gown and underwear removed after she was put under anesthesia. The only reason she found out was because she woke up in middle of the surgery.
(10.) Never assume that a well-respected doctor will never do anything inappropriate. A well-respected doctor did unnecessary breast exams on high school girls whose mothers were not present for sports physicals.
(11.) Never assume that your male doctor of many years is not capable of abusing you because he has not abused you in the past. One lady was abused by her doctor after seeing him for many years.
(12.) Make a firm decision that you will not let a male doctor or nurse touch any parts of your body that are covered by a two piece bathing suit. This is a good way to prevent you from being sexually abused by a male medical personnel.
(13.) If you must be hospitalized, it would be best if you could have someone not employed by the hospital present with you at least most of the time especially when you are asleep or drowsy.
(14.) Insist that no male nurse give you a bath or do intimate procedures on you such as urinary catheterizations. Many unnecessary urinary catheterizations are done. If you must be catheterized, ask that a female nurse insert your catheter.
(15.) Insist on a female technician for EKG, transvaginal ultrasound (if needed), etc.
[sexualmisconductbydoctors.com]
IT'S PATRICIA "CORNWELL", NOT PATRICIA "CORNPONE": A $50.9 MILLION VERDICT!
www.CharlesJeromeWare.com
A Boston, Massachusetts federal jury has awarded best-selling crime novelist Patricia Cornwell a $50,900,000 civil verdict against her long-time financial managers (Anchin, Block & Anchin) for financial mismanagement and financial negligence.
That's a lot of cornpone (cornbread)!
The high-rolling and high-libing Cornwell is best-known for her plot-twisting Kay Scarpetta crime novels.
Cornwell had sued Anchin, Block & Anchin and its former principal, Evan H. Snapper, for allegedly mishandling some &89,000,000 of her money, failing to account for expenses, and for personally benefitting (self-dealing) from her finances over the past four years.
The financial management firm, which was $40,000 per month to oversee author Cornwell's finances, blamed her own "extravagance", including her use of private planes, et al.
[www.abajournal.com/news/article/February 19, 2013, by Martha Neil/ "Federal Jury Awards $50.9 M to Crime Writer Patricia Cornwell"; www.abcnews.go.com/Business/ "Best-Selling Crime Writer Wins $50.9 Million"/ 2-19-2013; www.forbes.com/fdc/02-19-2013/"Crime Novelist Patricia Cornwell Wins $50.9 Million In Lawsuit"]
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
A Boston, Massachusetts federal jury has awarded best-selling crime novelist Patricia Cornwell a $50,900,000 civil verdict against her long-time financial managers (Anchin, Block & Anchin) for financial mismanagement and financial negligence.
That's a lot of cornpone (cornbread)!
The high-rolling and high-libing Cornwell is best-known for her plot-twisting Kay Scarpetta crime novels.
Cornwell had sued Anchin, Block & Anchin and its former principal, Evan H. Snapper, for allegedly mishandling some &89,000,000 of her money, failing to account for expenses, and for personally benefitting (self-dealing) from her finances over the past four years.
The financial management firm, which was $40,000 per month to oversee author Cornwell's finances, blamed her own "extravagance", including her use of private planes, et al.
[www.abajournal.com/news/article/February 19, 2013, by Martha Neil/ "Federal Jury Awards $50.9 M to Crime Writer Patricia Cornwell"; www.abcnews.go.com/Business/ "Best-Selling Crime Writer Wins $50.9 Million"/ 2-19-2013; www.forbes.com/fdc/02-19-2013/"Crime Novelist Patricia Cornwell Wins $50.9 Million In Lawsuit"]
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
"DRUG DOG'S 'SNIFF UP TO SNUFF'": Says U.S. Supreme Court (SCOTUS)
www.CharlesJeromeWare.com
twitter.com/charlesjware (February 25, 2013)
Florida v. Harris, No. 11-817, Supreme Court of the United States, Decided February 19, 2013
www.abajournal.com/news/2-19-2013/SCOTUS: Drug Dog's Sniff 'Up to Snuff'".
The U.S. Supreme Court has ruled that an alert by Aldo the drug-sniffing German shepherd gave a Florida police officer probable cause to search a truck with an expired license plate.
In a unanimous opinion, the U.S. Supreme Court said the state does not need to establish the dog's field history to establish probable cause. Absent evidence to the contrary, the state can show a dog's reliability with evidence that the canine has been certified by a bona fide organization or has completed a training program evaluating proficiency, the court said.
Officer Wheetley pulled over respondent Harris for a routine traffic stop. Observing Harris’s nervousness and an open beer can, Wheetley sought consent to search Harris’s truck. When Harris refused, Wheetley executed a sniff test with his trained narcotics dog, Aldo.The dog alerted at the driver’s-side door handle, leading Wheetley to conclude that he had probable cause for a search. That search turned up nothing Aldo was trained to detect, but did reveal pseudoephedrine and other ingredients for manufacturing methamphetamine. Harris was arrested and charged with illegal possession of those ingredients. In a subsequent stop while Harris was out on bail, Aldoagain alerted on Harris’s truck but nothing of interest was found. At a suppression hearing, Wheetley testified about his and Aldo’s extensive training in drug detection. Harris’s attorney did not contest the quality of that training, focusing instead on Aldo’s certification and performance in the field, particularly in the two stops of Harris’s truck. The trial court denied the motion to suppress, but the Florida Supreme Court reversed. It held that a wide array of evidence was always necessary to establish probable cause, including field performance records showing how many times the dog has falsely alerted. If an officer like Wheetley failed to keep such records, he could never have probable cause to think the dog a reliable indicator of drugs.
Held: Because training and testing records supported Aldo’s reliability in detecting drugs and Harris failed to undermine that evidence, Wheetley had probable cause to search Harris’s truck.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
twitter.com/charlesjware (February 25, 2013)
Florida v. Harris, No. 11-817, Supreme Court of the United States, Decided February 19, 2013
www.abajournal.com/news/2-19-2013/SCOTUS: Drug Dog's Sniff 'Up to Snuff'".
The U.S. Supreme Court has ruled that an alert by Aldo the drug-sniffing German shepherd gave a Florida police officer probable cause to search a truck with an expired license plate.
In a unanimous opinion, the U.S. Supreme Court said the state does not need to establish the dog's field history to establish probable cause. Absent evidence to the contrary, the state can show a dog's reliability with evidence that the canine has been certified by a bona fide organization or has completed a training program evaluating proficiency, the court said.
Officer Wheetley pulled over respondent Harris for a routine traffic stop. Observing Harris’s nervousness and an open beer can, Wheetley sought consent to search Harris’s truck. When Harris refused, Wheetley executed a sniff test with his trained narcotics dog, Aldo.The dog alerted at the driver’s-side door handle, leading Wheetley to conclude that he had probable cause for a search. That search turned up nothing Aldo was trained to detect, but did reveal pseudoephedrine and other ingredients for manufacturing methamphetamine. Harris was arrested and charged with illegal possession of those ingredients. In a subsequent stop while Harris was out on bail, Aldoagain alerted on Harris’s truck but nothing of interest was found. At a suppression hearing, Wheetley testified about his and Aldo’s extensive training in drug detection. Harris’s attorney did not contest the quality of that training, focusing instead on Aldo’s certification and performance in the field, particularly in the two stops of Harris’s truck. The trial court denied the motion to suppress, but the Florida Supreme Court reversed. It held that a wide array of evidence was always necessary to establish probable cause, including field performance records showing how many times the dog has falsely alerted. If an officer like Wheetley failed to keep such records, he could never have probable cause to think the dog a reliable indicator of drugs.
Held: Because training and testing records supported Aldo’s reliability in detecting drugs and Harris failed to undermine that evidence, Wheetley had probable cause to search Harris’s truck.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
HOPKINS GYNECOLOGIST MISCONDUCT: BALTIMORE GYNECOLOGIST ACCUSED
www.CharlesJeromeWare.com (Medical Negligence)
twitter.com/charlesjware (02-25-2013/Hopkins Gynecologist Misconduct)
Potential female victims of the alleged medical negligence and/or misconduct of Johns Hopkins gynecologist Dr. Nikita Levy, now deceased, may contact the national malpractice law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, for free advice and consultation:
twitter.com/charlesjware (02-25-2013/Hopkins Gynecologist Misconduct)
Potential female victims of the alleged medical negligence and/or misconduct of Johns Hopkins gynecologist Dr. Nikita Levy, now deceased, may contact the national malpractice law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, for free advice and consultation:
PH(410) 720-6129
PH(410) 730-5016
Website:www.CharlesJeromeWare.com
It is alleged that Dr. Levy, prior to his termination from Johns Hopkins Hospital and his subsequent death, illegally violated his gynecological patients privacy and secretly photographed his patients and possibly others without their knowledge.
Friday, February 22, 2013
MARYLAND CAR DEATH ATTORNEYS: CRIMINAL DEFENSE AND CIVIL PLAINTIFF CASES
www.CharlesJeromeWare.com
The national criminal defense, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of automobile death criminal defense, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier wrongful death law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
According to the National Highway Traffic Safety Administration (NHTSA), Fatality Analysis Reporting System, at least 493 car deaths occurred in Maryland in 2010 alone. In that same year, 32,885 people died in motor vehicle traffic crashes in the United States.
Further, according to Transportation for America (TA), an advocacy group, Maryland is ranked 15th among the most dangerous states for pedestrians. From 2000 to 2009, according to TA, about 47,700 pedestrians were killed in the United States.
In many car death cases, drivers are charged criminally for the death of a passenger. Defendants need experienced car death criminal defense attorney representation in these cases. Jail time is a certainty for a conviction of the driver.
The Maryland Wrongful Death Statute can be found in Md. Courts And Judicial Proceedings Code Ann. § 3-904. Pursuant to the Act, the following persons shall be the primary beneficiaries in a wrongful death action:
1) Except as provided in paragraphs (2) and (3) of this subsection, an action under this subtitle shall be for the benefit of the wife, husband, parent, and child of the deceased person.
(2) A parent may not be a beneficiary in a wrongful death action for the death of a child of the parent if:
(i)
1. The parent is convicted under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article; or
2. The parent committed an act prohibited under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article;
(ii) The other parent of the child is the victim of the crime or act described under item (i) of this paragraph; and
(iii) The other parent of the child is a child of the parent.
(3) (i) An action under this subtitle for the wrongful death of a child caused by the parent of the child allowed under the provisions of § 5-806 of this article may not be for the benefit of that parent of the deceased child.
(ii) An action under this subtitle for the wrongful death of a parent caused by a child of the parent allowed under the provisions of § 5-806 of this article may not be for the benefit of that child of the deceased parent.
If there are no persons who qualify under subsection (a), an action shall be for the benefit of any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.
In an action under this subtitle, damages may be awarded to the beneficiaries proportional to the injury resulting from the wrongful death. The amount shall be recovered and divided among the beneficiaries in shares directed by the verdict.
The damages awarded for death of a spouse, a minor child, or a parent are not limited or restricted by the “pecuniary loss” or “pecuniary benefit” rule but may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education where applicable. An unmarried child who is not a minor child is also included in the category if: (i) the child is 21 years old or younger; or (ii) a parent contributed 50 percent or more of the child’s support within the 12-month period immediately before the date of death of the child.
Except when death is caused by a disease caused by exposure to any toxic substance in the person’s workplace and contracted by a person in the course of the person’s employment. an action under this subtitle shall be filed within three years after the death of the injured person. However, If an occupational disease was a cause of a person’s death, an action shall be filed: within 10 years of the time of death; or Within 3 years of the date when the cause of death was discovered, whichever is less.
For the purposes of this section, a person born to parents who have not participated in a marriage ceremony with each other is considered to be the child of the mother. The person is considered to be the child of the father only if the father:
(1) Has been judicially determined to be the father in a proceeding brought under § 5-1010 of the Family Law Article or § 1-208 of the Estates and Trusts Article; or
(2) Prior to the death of the child:
(i) Has acknowledged himself, in writing, to be the father;
(ii) Has openly and notoriously recognized the person to be his child; or
(iii) Has subsequently married the mother and has acknowledged himself, orally or in writing, to be the father[i].
[i] Md. Courts And Judicial Proceedings Code Ann. § 3-904
[death.uslegal.com/ Maryland Wrongful Death Laws; y4america.org/ Transportation for America; Traffic Safety Facts, NHTSA, U.S. Department of Transportation (DoT), DoT HS 811 552, Revised February 2012]
The national criminal defense, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of automobile death criminal defense, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier wrongful death law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
According to the National Highway Traffic Safety Administration (NHTSA), Fatality Analysis Reporting System, at least 493 car deaths occurred in Maryland in 2010 alone. In that same year, 32,885 people died in motor vehicle traffic crashes in the United States.
Further, according to Transportation for America (TA), an advocacy group, Maryland is ranked 15th among the most dangerous states for pedestrians. From 2000 to 2009, according to TA, about 47,700 pedestrians were killed in the United States.
In many car death cases, drivers are charged criminally for the death of a passenger. Defendants need experienced car death criminal defense attorney representation in these cases. Jail time is a certainty for a conviction of the driver.
The Maryland Wrongful Death Statute can be found in Md. Courts And Judicial Proceedings Code Ann. § 3-904. Pursuant to the Act, the following persons shall be the primary beneficiaries in a wrongful death action:
1) Except as provided in paragraphs (2) and (3) of this subsection, an action under this subtitle shall be for the benefit of the wife, husband, parent, and child of the deceased person.
(2) A parent may not be a beneficiary in a wrongful death action for the death of a child of the parent if:
(i)
1. The parent is convicted under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article; or
2. The parent committed an act prohibited under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article;
(ii) The other parent of the child is the victim of the crime or act described under item (i) of this paragraph; and
(iii) The other parent of the child is a child of the parent.
(3) (i) An action under this subtitle for the wrongful death of a child caused by the parent of the child allowed under the provisions of § 5-806 of this article may not be for the benefit of that parent of the deceased child.
(ii) An action under this subtitle for the wrongful death of a parent caused by a child of the parent allowed under the provisions of § 5-806 of this article may not be for the benefit of that child of the deceased parent.
If there are no persons who qualify under subsection (a), an action shall be for the benefit of any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.
In an action under this subtitle, damages may be awarded to the beneficiaries proportional to the injury resulting from the wrongful death. The amount shall be recovered and divided among the beneficiaries in shares directed by the verdict.
The damages awarded for death of a spouse, a minor child, or a parent are not limited or restricted by the “pecuniary loss” or “pecuniary benefit” rule but may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education where applicable. An unmarried child who is not a minor child is also included in the category if: (i) the child is 21 years old or younger; or (ii) a parent contributed 50 percent or more of the child’s support within the 12-month period immediately before the date of death of the child.
Except when death is caused by a disease caused by exposure to any toxic substance in the person’s workplace and contracted by a person in the course of the person’s employment. an action under this subtitle shall be filed within three years after the death of the injured person. However, If an occupational disease was a cause of a person’s death, an action shall be filed: within 10 years of the time of death; or Within 3 years of the date when the cause of death was discovered, whichever is less.
For the purposes of this section, a person born to parents who have not participated in a marriage ceremony with each other is considered to be the child of the mother. The person is considered to be the child of the father only if the father:
(1) Has been judicially determined to be the father in a proceeding brought under § 5-1010 of the Family Law Article or § 1-208 of the Estates and Trusts Article; or
(2) Prior to the death of the child:
(i) Has acknowledged himself, in writing, to be the father;
(ii) Has openly and notoriously recognized the person to be his child; or
(iii) Has subsequently married the mother and has acknowledged himself, orally or in writing, to be the father[i].
[i] Md. Courts And Judicial Proceedings Code Ann. § 3-904
[death.uslegal.com/ Maryland Wrongful Death Laws; y4america.org/ Transportation for America; Traffic Safety Facts, NHTSA, U.S. Department of Transportation (DoT), DoT HS 811 552, Revised February 2012]
Thursday, February 21, 2013
MARYLAND CAR DEATH: The Laws By Wrongful Death Attorney Charles Jerome Ware (PART A)
www.CharlesJeromeWare.com
The national criminal defense, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of automobile death criminal defense, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier wrongful death law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
According to the National Highway Traffic Safety Administration (NHTSA), Fatality Analysis Reporting System, at least 493 car deaths occurred in Maryland in 2010 alone. In that same year, 32,885 people died in motor vehicle traffic crashes in the United States.
Further, according to Transportation for America (TA), an advocacy group, Maryland is ranked 15th among the most dangerous states for pedestrians. From 2000 to 2009, according to TA, about 47,700 pedestrians were killed in the United States.
In many car death cases, drivers are charged criminally for the death of a passenger. Defendants need experienced car death criminal defense attorney representation in these cases. Jail time is a certainty for a conviction of the driver.
The Maryland Wrongful Death Statute can be found in Md. Courts And Judicial Proceedings Code Ann. § 3-904. Pursuant to the Act, the following persons shall be the primary beneficiaries in a wrongful death action:
1) Except as provided in paragraphs (2) and (3) of this subsection, an action under this subtitle shall be for the benefit of the wife, husband, parent, and child of the deceased person.
(2) A parent may not be a beneficiary in a wrongful death action for the death of a child of the parent if:
(i)
1. The parent is convicted under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article; or
2. The parent committed an act prohibited under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article;
(ii) The other parent of the child is the victim of the crime or act described under item (i) of this paragraph; and
(iii) The other parent of the child is a child of the parent.
(3) (i) An action under this subtitle for the wrongful death of a child caused by the parent of the child allowed under the provisions of § 5-806 of this article may not be for the benefit of that parent of the deceased child.
(ii) An action under this subtitle for the wrongful death of a parent caused by a child of the parent allowed under the provisions of § 5-806 of this article may not be for the benefit of that child of the deceased parent.
If there are no persons who qualify under subsection (a), an action shall be for the benefit of any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.
In an action under this subtitle, damages may be awarded to the beneficiaries proportional to the injury resulting from the wrongful death. The amount shall be recovered and divided among the beneficiaries in shares directed by the verdict.
The damages awarded for death of a spouse, a minor child, or a parent are not limited or restricted by the “pecuniary loss” or “pecuniary benefit” rule but may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education where applicable. An unmarried child who is not a minor child is also included in the category if: (i) the child is 21 years old or younger; or (ii) a parent contributed 50 percent or more of the child’s support within the 12-month period immediately before the date of death of the child.
Except when death is caused by a disease caused by exposure to any toxic substance in the person’s workplace and contracted by a person in the course of the person’s employment. an action under this subtitle shall be filed within three years after the death of the injured person. However, If an occupational disease was a cause of a person’s death, an action shall be filed: within 10 years of the time of death; or Within 3 years of the date when the cause of death was discovered, whichever is less.
For the purposes of this section, a person born to parents who have not participated in a marriage ceremony with each other is considered to be the child of the mother. The person is considered to be the child of the father only if the father:
(1) Has been judicially determined to be the father in a proceeding brought under § 5-1010 of the Family Law Article or § 1-208 of the Estates and Trusts Article; or
(2) Prior to the death of the child:
(i) Has acknowledged himself, in writing, to be the father;
(ii) Has openly and notoriously recognized the person to be his child; or
(iii) Has subsequently married the mother and has acknowledged himself, orally or in writing, to be the father[i].
[i] Md. Courts And Judicial Proceedings Code Ann. § 3-904
[death.uslegal.com/ Maryland Wrongful Death Laws; y4america.org/ Transportation for America; Traffic Safety Facts, NHTSA, U.S. Department of Transportation (DoT), DoT HS 811 552, Revised February 2012]
The national criminal defense, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of automobile death criminal defense, personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier wrongful death law firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
According to the National Highway Traffic Safety Administration (NHTSA), Fatality Analysis Reporting System, at least 493 car deaths occurred in Maryland in 2010 alone. In that same year, 32,885 people died in motor vehicle traffic crashes in the United States.
Further, according to Transportation for America (TA), an advocacy group, Maryland is ranked 15th among the most dangerous states for pedestrians. From 2000 to 2009, according to TA, about 47,700 pedestrians were killed in the United States.
In many car death cases, drivers are charged criminally for the death of a passenger. Defendants need experienced car death criminal defense attorney representation in these cases. Jail time is a certainty for a conviction of the driver.
The Maryland Wrongful Death Statute can be found in Md. Courts And Judicial Proceedings Code Ann. § 3-904. Pursuant to the Act, the following persons shall be the primary beneficiaries in a wrongful death action:
1) Except as provided in paragraphs (2) and (3) of this subsection, an action under this subtitle shall be for the benefit of the wife, husband, parent, and child of the deceased person.
(2) A parent may not be a beneficiary in a wrongful death action for the death of a child of the parent if:
(i)
1. The parent is convicted under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article; or
2. The parent committed an act prohibited under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article;
(ii) The other parent of the child is the victim of the crime or act described under item (i) of this paragraph; and
(iii) The other parent of the child is a child of the parent.
(3) (i) An action under this subtitle for the wrongful death of a child caused by the parent of the child allowed under the provisions of § 5-806 of this article may not be for the benefit of that parent of the deceased child.
(ii) An action under this subtitle for the wrongful death of a parent caused by a child of the parent allowed under the provisions of § 5-806 of this article may not be for the benefit of that child of the deceased parent.
If there are no persons who qualify under subsection (a), an action shall be for the benefit of any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.
In an action under this subtitle, damages may be awarded to the beneficiaries proportional to the injury resulting from the wrongful death. The amount shall be recovered and divided among the beneficiaries in shares directed by the verdict.
The damages awarded for death of a spouse, a minor child, or a parent are not limited or restricted by the “pecuniary loss” or “pecuniary benefit” rule but may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education where applicable. An unmarried child who is not a minor child is also included in the category if: (i) the child is 21 years old or younger; or (ii) a parent contributed 50 percent or more of the child’s support within the 12-month period immediately before the date of death of the child.
Except when death is caused by a disease caused by exposure to any toxic substance in the person’s workplace and contracted by a person in the course of the person’s employment. an action under this subtitle shall be filed within three years after the death of the injured person. However, If an occupational disease was a cause of a person’s death, an action shall be filed: within 10 years of the time of death; or Within 3 years of the date when the cause of death was discovered, whichever is less.
For the purposes of this section, a person born to parents who have not participated in a marriage ceremony with each other is considered to be the child of the mother. The person is considered to be the child of the father only if the father:
(1) Has been judicially determined to be the father in a proceeding brought under § 5-1010 of the Family Law Article or § 1-208 of the Estates and Trusts Article; or
(2) Prior to the death of the child:
(i) Has acknowledged himself, in writing, to be the father;
(ii) Has openly and notoriously recognized the person to be his child; or
(iii) Has subsequently married the mother and has acknowledged himself, orally or in writing, to be the father[i].
[i] Md. Courts And Judicial Proceedings Code Ann. § 3-904
[death.uslegal.com/ Maryland Wrongful Death Laws; y4america.org/ Transportation for America; Traffic Safety Facts, NHTSA, U.S. Department of Transportation (DoT), DoT HS 811 552, Revised February 2012]
MARYLAND NURSING HOME DEATH AND DYING
www.CharlesJeromeWare.com
Does your loved one show signs of nursing home neglect?
When nursing homes fail to follow care plans or properly monitor residents, serious injuries can result such as fractured hips, broken bones, medication errors, bed sores, dehydration, malnutrition, and even wrongful death.
Nursing home failure to care is increasing in our society.
When you suspect a loved one is not being monitored or cared for properly, we can help. Since 1988, the nursing home neglect attorney at Charles Jerome Ware, P.A., Attorneys and Counsellors, a national general practice law firm have helped injured Maryland and Washington, D.C. residents hold nursing homes, doctors and other healthcare professionals accountable for their negligence, neglect and abuse.
We bring together the knowledge and experience necessary for successful results. www.CharlesJeromeWare.com
We fight. You win.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
Does your loved one show signs of nursing home neglect?
When nursing homes fail to follow care plans or properly monitor residents, serious injuries can result such as fractured hips, broken bones, medication errors, bed sores, dehydration, malnutrition, and even wrongful death.
Nursing home failure to care is increasing in our society.
When you suspect a loved one is not being monitored or cared for properly, we can help. Since 1988, the nursing home neglect attorney at Charles Jerome Ware, P.A., Attorneys and Counsellors, a national general practice law firm have helped injured Maryland and Washington, D.C. residents hold nursing homes, doctors and other healthcare professionals accountable for their negligence, neglect and abuse.
We bring together the knowledge and experience necessary for successful results. www.CharlesJeromeWare.com
We fight. You win.
Failure to Follow Care Plans
Nursing home care plans outline the care that each individual resident requires, based on that individual's specific needs. Typically, family members meet with nurses, doctors, dietitians and other staff to discuss their loved one's specific needs. The group decides what type of care is needed for the individual to participate in daily activities. A care plan specifies this care and who will be responsible for it — such as who will help at mealtimes, what medication needs to be administered and when, and who will assist with the resident's mobility. Does your loved one need help eating? Can he or she walk unassisted?
Care plans must be carefully documented, and everyone involved in the patient's care (family members included) must read the plan and follow it. If a patient's needs change, the care plan should be updated accordingly.
Failure to Monitor Nursing Home Residents
In addition to following care plans, nursing homes are required to provide proper supervision and monitoring of residents. Without adequate supervision, residents who suffer from dementia, Alzheimer's or other physical or mental impairments have a high risk of being injured. Nursing home residents who are not properly monitored could be injured after:
- Wandering off
- Slipping and falling in a nursing home
- Being exposed to bad weather
- Remaining immobile for long periods (leading to bedsores)
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
BALTIMORE'S BEST LEAD PAINT DEFENSE LAWYERS
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
Maryland Environmental Article 6-8, also referred to as Maryland Housing Bill 760, "The Lead Poisoning Prevention Program" statute, was signed into law in May 1994 and became fully effective on February 24, 1996.
The law is intended to make all privately owned pre-1950 rental housing units safer for children, while also helping rental property owners and managers to avoid costly lead poisoning litigation by complying with specific lead hazard reduction measures or a dust testing procedure set forth in the statute. This statutory provision applies to all such housing units and, at an owner's option, to rental units built after 1949.
In essence, the law sharply limits the rights of children and their representatives to traditional tort damages for lead poisoning, provided that: (1) the property owner has satisfied certain housing unit registration requirements; and (2) the unit has either passed lead dust tests or undergone a set of "risk reduction measures" which must be verified by an independent, certified third party who performs a visual inspection When the unit meets this standard, the owner is entitled to a limited tort immunity.
However, if a child living in the unit develops an elevated blood lead level which exceeds 20 micrograms of lead per deciliter of blood, the owner has the option of making a "qualified offer" to the child and his or her legal representative.
A qualified offer is, in effect, a settlement of that child's potential lead poisoning claim and provides remedial compensation.
Under the provisions established in House Bill 760 for the qualified offer, the owner and his or her insurance company would: (1) offer to relocate the child's family to a housing unit that has been certified as "lead-safe," including payment of a rent differential if the "lead-safe" unit rents at a higher monthly rate; and (2) pay for any necessary medical treatment to mitigate the effects of lead poisoning when the treatment is not covered by a health insurance plan or public medical assistance.
Relocation expenses are payable until the poisoned child reaches age six, subject to a $9,500 cap. Out-of-pocket medical expenses are payable until the poisoned child reaches the age of 18, subject to a $7,500 cap.
Since a major reason for enacting House Bill 760 was the widespread and routine application of lead liability exclusions in general liability policies covering rental housing units, the statute adds provisions to the Maryland Insurance Code which limit the circumstances under which these exclusions would be effective. Therefore, access to insurance and limited liability are the primary incentives or benefits to owners of pre-1950 units who meet the statutory risk reduction standards. Additionally, the systematic reduction of lead-based paint hazards in these older units is meant to be the primary means for preventing lead poisoning in the state.
In summary, Maryland House Bill 760 takes on some of the most difficult public health, housing and liability issues posed by childhood lead poisoning to provide a measure of safety for children and a relief from the threat of litigation for rental property owners.
On October 24, 2011, the Maryland Court of Appeals in Jackson v. Dackman, struck down as invalid a statutory provision in Maryland’s Reduction of Lead Risk in Housing Act (“Act”) that provided immunity from liability to landlords if: (1) they achieved full compliance with certain requirements under the Act including registration and timely renewal of rental properties constructed prior to 1950; compliance with applicable risk reduction and response standards; and compliance with notice requirements to tenants; and (2) they had opportunity to make a qualified offer of up to $17,000 for reasonable relocation and medical expenses.
In light of the Dackman decision, landlords have found themselves facing a great deal of uncertainty and many are concerned that they may now be potentially exposed to huge liability claims, even if they previously had been fully compliant with the Act’s provisions.
Charles Jerome Ware, P.A., Attorneys and Counsellors can provide winning defense representation for:
For detailed information about the federal law and how to obtain copies of the federally mandated pamphlet, call the National Lead Clearinghouse at 1-800-424-LEAD (5323) or the Coalition to End Childhood Lead Poisoning at 410-534-6447.
Additionally, for detailed information about the Maryland law and how to obtain copies of the state-mandated “Notice of Tenants’ Rights” call the Maryland Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009, or the Coalition to End Childhood Lead Poisoning at 800-370-LEAD.
The law exempts rental units owned or operated by federal, state, or local government or by a public, quasi-public, or municipal corporation, provided the property is subject to standards that are at least as strict as the standards established by this law.
[www.nchh.org/Policy/MarylandLeadLaw; www.pklaw.com/lead paint defense; www.peoples-law.org/Lead Paint in Maryland; articles.baltimoresun.com/2010-12-02/health/bs-md-rockind-appeal; www.mde.state.md.us/programs/ Lead Poisoning Prevention/Pages/Programs/Land Program/Lead Coordination/index.aspx]
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
Maryland Lead Law
Maryland Environmental Article 6-8 - "The Lead Poisoning Prevention Program" Statute
Maryland Environmental Article 6-8, also referred to as Maryland Housing Bill 760, "The Lead Poisoning Prevention Program" statute, was signed into law in May 1994 and became fully effective on February 24, 1996.
The law is intended to make all privately owned pre-1950 rental housing units safer for children, while also helping rental property owners and managers to avoid costly lead poisoning litigation by complying with specific lead hazard reduction measures or a dust testing procedure set forth in the statute. This statutory provision applies to all such housing units and, at an owner's option, to rental units built after 1949.
In essence, the law sharply limits the rights of children and their representatives to traditional tort damages for lead poisoning, provided that: (1) the property owner has satisfied certain housing unit registration requirements; and (2) the unit has either passed lead dust tests or undergone a set of "risk reduction measures" which must be verified by an independent, certified third party who performs a visual inspection When the unit meets this standard, the owner is entitled to a limited tort immunity.
However, if a child living in the unit develops an elevated blood lead level which exceeds 20 micrograms of lead per deciliter of blood, the owner has the option of making a "qualified offer" to the child and his or her legal representative.
A qualified offer is, in effect, a settlement of that child's potential lead poisoning claim and provides remedial compensation.
Under the provisions established in House Bill 760 for the qualified offer, the owner and his or her insurance company would: (1) offer to relocate the child's family to a housing unit that has been certified as "lead-safe," including payment of a rent differential if the "lead-safe" unit rents at a higher monthly rate; and (2) pay for any necessary medical treatment to mitigate the effects of lead poisoning when the treatment is not covered by a health insurance plan or public medical assistance.
Relocation expenses are payable until the poisoned child reaches age six, subject to a $9,500 cap. Out-of-pocket medical expenses are payable until the poisoned child reaches the age of 18, subject to a $7,500 cap.
Since a major reason for enacting House Bill 760 was the widespread and routine application of lead liability exclusions in general liability policies covering rental housing units, the statute adds provisions to the Maryland Insurance Code which limit the circumstances under which these exclusions would be effective. Therefore, access to insurance and limited liability are the primary incentives or benefits to owners of pre-1950 units who meet the statutory risk reduction standards. Additionally, the systematic reduction of lead-based paint hazards in these older units is meant to be the primary means for preventing lead poisoning in the state.
In summary, Maryland House Bill 760 takes on some of the most difficult public health, housing and liability issues posed by childhood lead poisoning to provide a measure of safety for children and a relief from the threat of litigation for rental property owners.
Jackson, et al. v. The Dackman Company, et al.
No. 131, September Term 2008 (Md. Oct. 24, 2011)
In light of the Dackman decision, landlords have found themselves facing a great deal of uncertainty and many are concerned that they may now be potentially exposed to huge liability claims, even if they previously had been fully compliant with the Act’s provisions.
Charles Jerome Ware, P.A., Attorneys and Counsellors can provide winning defense representation for:
- Defense of Lead Paint Cases
- Asset Protection
and can assist lead paint insurance carriers and claims representatives with: - Defense of Lead Paint Cases
- Presentations on Maryland’s Evolving Lead Paint Laws
Comparing State and Federal Laws
Federal and state laws address lead poisoning issues in slightly different ways. A shared feature is that each law requires that specific information be given to current and new tenants. Both Federal and Maryland law require landlords to give to each tenant the pamphlet “Protect Your Family from Lead in Your Home”. Maryland law also requires distribution by landlords of an additional pamphlet entitled “Lead Poisoning Prevention - Notice of Tenants’ Rights”.For detailed information about the federal law and how to obtain copies of the federally mandated pamphlet, call the National Lead Clearinghouse at 1-800-424-LEAD (5323) or the Coalition to End Childhood Lead Poisoning at 410-534-6447.
Additionally, for detailed information about the Maryland law and how to obtain copies of the state-mandated “Notice of Tenants’ Rights” call the Maryland Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009, or the Coalition to End Childhood Lead Poisoning at 800-370-LEAD.
Maryland Lead Poisoning Prevention Program
In 1994 the General Assembly established the Lead Poisoning Prevention Program for the purpose of reducing the incidence of childhood lead poisoning while maintaining the stock of affordable rental housing. This program requires owners of older residential rental properties to meet certain risk reduction standards. It also provides more affordable insurance and the protection of limited liability for owners who comply. It is administered by the Maryland Department of the Environment (MDE). For more information call the Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009. Read the Law: MD Code, Environment § 6-801- 6-852; Article 48A, Secs. 734-737; Real Prop. § 8-208.2Following is a summary of the law:
The owners of all rental dwelling units built before 1950 must comply with this law. Owners of units built between 1950 and 1978 may choose to comply and thus benefit from limited liability.The law exempts rental units owned or operated by federal, state, or local government or by a public, quasi-public, or municipal corporation, provided the property is subject to standards that are at least as strict as the standards established by this law.
[www.nchh.org/Policy/MarylandLeadLaw; www.pklaw.com/lead paint defense; www.peoples-law.org/Lead Paint in Maryland; articles.baltimoresun.com/2010-12-02/health/bs-md-rockind-appeal; www.mde.state.md.us/programs/ Lead Poisoning Prevention/Pages/Programs/Land Program/Lead Coordination/index.aspx]
MORTGAGE UNDERWATER?: JUST WALK AWAY? --- FANNIE AND FREDDIE MAKE IT EASIER
www.CharlesJeromeWare.com
The Federal National Mortgage Association ("FANNIE MACE") and the Federal Home Loan Mortgage Corporation ("FREDDIE MAC") are making it easier for some homeowners with hardships to walk away from their "underwater" home loans.
Under new guidelines that go into effect March 1, 2013, homeowners with mortgages backed by one of these two government-sponsored
The program isn’t available to all homeowners with underwater mortgages backed by Fannie or Freddie. To qualify, a homeowner who is at least 90 days delinquent must demonstrate one of 10 hardships, including loss of a job, decline in income, divorce, relocation or death of a spouse.
As of March 1, 2013, borrowers who are current on their mortgage but meet certain criteria will be eligible for a deed-in-lieu of foreclosure or "mortgage release." Mortgage giants Fannie Mae and Freddie Mac will offer loan servicers $1,500, up from $275, for every deed-in-lieu completed following the new guidelines on or after that date, and will offer up to $6,000 to second-lien holders to expedite deeds-in-lieu.
The changes are a result of a push by the Federal Housing Finance Agency (FHFA), which regulates Fannie and Freddie, to streamline servicing requirements and paperwork between the two entities. In November, 2012, short-sale guidelines that were part of the same streamlining initiative went into effect and are expected to boost short sales.
As part of the new deed-in-lieu guidelines, borrowers who are 90 days or more delinquent must be experiencing and document one of 10 eligible hardships:
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
[see, realestate.msn.com/blog/listed-loans.aspx/2-11/2013/ "New Walkaway Alternative For Underwater Borrowers"; www.inman.com/news/2013/02/4/ "Fannie and Freddie Streamline Deeds-in-Lieu"; careeratnrc.com/ "New Rules for a Deed-in-Lieu of Foreclosure - Effective March 1st, 2013"/2-16-2013]
The Federal National Mortgage Association ("FANNIE MACE") and the Federal Home Loan Mortgage Corporation ("FREDDIE MAC") are making it easier for some homeowners with hardships to walk away from their "underwater" home loans.
Under new guidelines that go into effect March 1, 2013, homeowners with mortgages backed by one of these two government-sponsored
The program isn’t available to all homeowners with underwater mortgages backed by Fannie or Freddie. To qualify, a homeowner who is at least 90 days delinquent must demonstrate one of 10 hardships, including loss of a job, decline in income, divorce, relocation or death of a spouse.
As of March 1, 2013, borrowers who are current on their mortgage but meet certain criteria will be eligible for a deed-in-lieu of foreclosure or "mortgage release." Mortgage giants Fannie Mae and Freddie Mac will offer loan servicers $1,500, up from $275, for every deed-in-lieu completed following the new guidelines on or after that date, and will offer up to $6,000 to second-lien holders to expedite deeds-in-lieu.
The changes are a result of a push by the Federal Housing Finance Agency (FHFA), which regulates Fannie and Freddie, to streamline servicing requirements and paperwork between the two entities. In November, 2012, short-sale guidelines that were part of the same streamlining initiative went into effect and are expected to boost short sales.
As part of the new deed-in-lieu guidelines, borrowers who are 90 days or more delinquent must be experiencing and document one of 10 eligible hardships:
- Unemployment.
- A hardship that has caused a reduction in income due to circumstances outside their control (fewer regular working hours, for example).
- A hardship that has caused an increase in housing expenses due to circumstances outside their control.
- Divorce or legal separation, or separation of borrowers unrelated by marriage, civil union or similar domestic partnership.
- Death of a borrower, or death of either the primary or secondary wage earner in the household.
- Long-term or permanent disability, or serious illness of a borrower or co-borrower or dependent family member.
- Disaster (natural or man-made) adversely impacting the property or borrower's place of employment.
- Distant employment transfer or relocation.
- Business failure.
- Other: a hardship that is not covered above.
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
[see, realestate.msn.com/blog/listed-loans.aspx/2-11/2013/ "New Walkaway Alternative For Underwater Borrowers"; www.inman.com/news/2013/02/4/ "Fannie and Freddie Streamline Deeds-in-Lieu"; careeratnrc.com/ "New Rules for a Deed-in-Lieu of Foreclosure - Effective March 1st, 2013"/2-16-2013]
Friday, February 15, 2013
CRUISE SHIP FIRES, JONES ACT, MARITIME LAW: Client Alert By Charles Jerome Ware
www.CharlesJeromeWare.com (We fight. You win.)
Almost five disastrous days after suffering from an engine fire on the Carnival Cruise Ship "Triumph" in the Gulf of Mexico, more than 4,200 exhausted passengers on board the Carnival "Triumph" disaster have finally returned to land in Mobile, Alabama.
Unfortunately, this cruise ship fire was not a rare event. Regrettably, cruise ship fires occur with alarming frequency.
More than 10 cruise ship fires have made news between the Carnival Triumph’s latest problems and an engine room fire that disabled the Carnival Splendor in November 2010.
One of the reasons cruising is so affordable is because major cruise lines are incorporated in foreign countries, enabling them to avoid U.S. federal taxes, labor laws and safety regulations. Employees work long hours for low wages; a cleaner, for example, might earn only $156 a week with no tips. See below, "The Jones Act".
And cruise lines make money when the ships are operating. Taking a ship out of commission for maintenance costs money. The cruise lines push the ships just as hard as they push their crew members.
Cruise ships are inspected by countries where they dock. The U.S. Coast Guard Marine conducts annual cruise ship inspections, but the agency is “underfunded and understaffed,” making adequate inspections of all the cruise ships nearly impossible.
There are some individuals who use the occasion of these cruise ship incidents to attack "The Jones Act":
The Merchant Marine Act of 1920 (P.L. 66-261) , "The Jones Act", is a United States federal statute that regulates maritime commerce in U.S. waters and between U.S. ports. Section 27, better known as the Jones Act, deals with cabotage (i.e., coastal shipping) and requires that all goods transported by water between U.S. ports be carried in U.S.-flag ships, constructed in the United States, owned by U.S. citizens, and crewed by U.S. citizens and U.S. permanent residents.
As global trade increased and the ability to finance overseas corporations correspondingly increased, there appeared loopholes in US Law by which large shipping and maritime companies could circumvent US Labor and Trade laws and regulations by using cheap labor, impressed labor, and even indentured labor from poor undeveloped countries as well as build ships using similar labor, thereby lowering costs whilst capturing the profit differential at the expense of US shipbuilders and sailors.
Consequently, the purpose of the law is to support the U.S. maritime industry.
[www.abajournal.com/news/article/ "Cruise ship fires occur with 'alarming frequency'"/2-15-2013; www.1800jonesact.com/JonesAct/USCTitle46; "U.S. Issues Blanket Jones Act Waiver For Fuel Tankers After Sandy", www.reuters.com/article/2012-11-02]
Almost five disastrous days after suffering from an engine fire on the Carnival Cruise Ship "Triumph" in the Gulf of Mexico, more than 4,200 exhausted passengers on board the Carnival "Triumph" disaster have finally returned to land in Mobile, Alabama.
Unfortunately, this cruise ship fire was not a rare event. Regrettably, cruise ship fires occur with alarming frequency.
More than 10 cruise ship fires have made news between the Carnival Triumph’s latest problems and an engine room fire that disabled the Carnival Splendor in November 2010.
One of the reasons cruising is so affordable is because major cruise lines are incorporated in foreign countries, enabling them to avoid U.S. federal taxes, labor laws and safety regulations. Employees work long hours for low wages; a cleaner, for example, might earn only $156 a week with no tips. See below, "The Jones Act".
And cruise lines make money when the ships are operating. Taking a ship out of commission for maintenance costs money. The cruise lines push the ships just as hard as they push their crew members.
Cruise ships are inspected by countries where they dock. The U.S. Coast Guard Marine conducts annual cruise ship inspections, but the agency is “underfunded and understaffed,” making adequate inspections of all the cruise ships nearly impossible.
The Jones Act
There are some individuals who use the occasion of these cruise ship incidents to attack "The Jones Act":
The Merchant Marine Act of 1920 (P.L. 66-261) , "The Jones Act", is a United States federal statute that regulates maritime commerce in U.S. waters and between U.S. ports. Section 27, better known as the Jones Act, deals with cabotage (i.e., coastal shipping) and requires that all goods transported by water between U.S. ports be carried in U.S.-flag ships, constructed in the United States, owned by U.S. citizens, and crewed by U.S. citizens and U.S. permanent residents.
As global trade increased and the ability to finance overseas corporations correspondingly increased, there appeared loopholes in US Law by which large shipping and maritime companies could circumvent US Labor and Trade laws and regulations by using cheap labor, impressed labor, and even indentured labor from poor undeveloped countries as well as build ships using similar labor, thereby lowering costs whilst capturing the profit differential at the expense of US shipbuilders and sailors.
Consequently, the purpose of the law is to support the U.S. maritime industry.
[www.abajournal.com/news/article/ "Cruise ship fires occur with 'alarming frequency'"/2-15-2013; www.1800jonesact.com/JonesAct/USCTitle46; "U.S. Issues Blanket Jones Act Waiver For Fuel Tankers After Sandy", www.reuters.com/article/2012-11-02]
Wednesday, February 13, 2013
MENSA ALERT: Fake Tan, Mixed Race, "Ditzy" 16-Year Old Blonde GENIUS
www.CharlesJeromeWare.com
Sixteen-year old Lauren Marbe is pretty, loves watching trash TV, blonde with colorful nails and manicures, fake tan-wearing daughter of a black Essex, England cab driver father and a white school teach mother, who dreams of one day being a performer in the West End of London like her Essex idol, celebrity Denise Van Outen.
Young Lauren Marbe is also a genius --- scoring 161 on Britain's Mensa brain test.
Marbe's amazing Mensa brain test score of 161 is higher than the following well-known extremely bright personalities: great Nobel Prize Winner Albert Einstein (IQ 160), Professor Stephen Hawking, Astrophysicist (IQ 160), Microsoft's Bill Gates (160), Charles Dickens (180), biologist Charles Darwin (165), movie director Quentin Tarantino (160), actress Sharon Stone (154), former U.S. Present Bill Clinton (145), and Mensa co-founder Lancelot Ware.
Lauren Marbe, 16, stunned her teachers by scoring 161 on the Mensa brain test after she was entered with other pupils from her school.
The teenager loves fake tanning, having blonde highlights, manicures and getting glammed up for TOWIE parties with her friend.
But it appears that as well as being very pretty, she also has a beautiful brain.
Lauren has been enrolled in prestigious high-IQ society Mensa, which means she is officially in the top one per cent of cleverest people in the world.
The schoolgirl, who is already predicted straight A's and A*'s for her GCSE's, and says she is delighted to have 'blown away' the Essex stereotype.
[www.dailymail.co.uk/news/article/2-13-2013/ "The Essex Blonde Towie Fan Who's Officially Smarter Than Albert Einstein! Lauren, 16, Scores A Whopping 161 On IQ Test"; UPI.com/2/13/2013/ "Girl with IQ of 161: Essex Teenager's IQ Is High Than Albert Einstein's"]
Sixteen-year old Lauren Marbe is pretty, loves watching trash TV, blonde with colorful nails and manicures, fake tan-wearing daughter of a black Essex, England cab driver father and a white school teach mother, who dreams of one day being a performer in the West End of London like her Essex idol, celebrity Denise Van Outen.
Young Lauren Marbe is also a genius --- scoring 161 on Britain's Mensa brain test.
Marbe's amazing Mensa brain test score of 161 is higher than the following well-known extremely bright personalities: great Nobel Prize Winner Albert Einstein (IQ 160), Professor Stephen Hawking, Astrophysicist (IQ 160), Microsoft's Bill Gates (160), Charles Dickens (180), biologist Charles Darwin (165), movie director Quentin Tarantino (160), actress Sharon Stone (154), former U.S. Present Bill Clinton (145), and Mensa co-founder Lancelot Ware.
Lauren Marbe, 16, stunned her teachers by scoring 161 on the Mensa brain test after she was entered with other pupils from her school.
The teenager loves fake tanning, having blonde highlights, manicures and getting glammed up for TOWIE parties with her friend.
But it appears that as well as being very pretty, she also has a beautiful brain.
Lauren has been enrolled in prestigious high-IQ society Mensa, which means she is officially in the top one per cent of cleverest people in the world.
The schoolgirl, who is already predicted straight A's and A*'s for her GCSE's, and says she is delighted to have 'blown away' the Essex stereotype.
[www.dailymail.co.uk/news/article/2-13-2013/ "The Essex Blonde Towie Fan Who's Officially Smarter Than Albert Einstein! Lauren, 16, Scores A Whopping 161 On IQ Test"; UPI.com/2/13/2013/ "Girl with IQ of 161: Essex Teenager's IQ Is High Than Albert Einstein's"]
LILLY LEDBETTER: Movie Heroine?
From Charles Jerome Ware, P.A., Attorneys and Counsellors.
www.CharlesJeromeWare.com (We fight. You Win.)
Lilly Ledbetter, the former Gadsden, Alabama Goodyear Tire & Rubber Co. plant supervisor employee who inspired the Lilly Ledbetter Fair Pay Act of 2009, signed into law by President Barack Obama, apparently has a movie in the works.
The proposed movie has not been cast yet, but it is being produced and directed by "Picket Fences" and "Dr. Quinn, Medicine Woman" Television episodes-director Rachel Feldman.
Ledbetter held the supervisor position with Goodyear from 1979 to 1998, and during that time she earned significantly less than her male colleagues. She later sued, and won a $3.8 million verdict. It was ultimately overturned—which the U.S Supreme Court upheld in 2007—because she missed the filing deadline. In a dissent, Justice Ruth Bader Ginsburg urged Congress to change the law, and they did, amending the Civil Rights Act so the statute of limitations for pay discrimination suits resets with each new paycheck affected by a discriminatory act.
[www.abajournal.com/news/article/02-11-2013/ "Lilly Ledbetter's Story To Be Made Into A Movie"]
www.CharlesJeromeWare.com (We fight. You Win.)
Lilly Ledbetter, the former Gadsden, Alabama Goodyear Tire & Rubber Co. plant supervisor employee who inspired the Lilly Ledbetter Fair Pay Act of 2009, signed into law by President Barack Obama, apparently has a movie in the works.
The proposed movie has not been cast yet, but it is being produced and directed by "Picket Fences" and "Dr. Quinn, Medicine Woman" Television episodes-director Rachel Feldman.
Ledbetter held the supervisor position with Goodyear from 1979 to 1998, and during that time she earned significantly less than her male colleagues. She later sued, and won a $3.8 million verdict. It was ultimately overturned—which the U.S Supreme Court upheld in 2007—because she missed the filing deadline. In a dissent, Justice Ruth Bader Ginsburg urged Congress to change the law, and they did, amending the Civil Rights Act so the statute of limitations for pay discrimination suits resets with each new paycheck affected by a discriminatory act.
[www.abajournal.com/news/article/02-11-2013/ "Lilly Ledbetter's Story To Be Made Into A Movie"]
Tuesday, February 12, 2013
MARYLAND AND D.C. NURSING HOME LITIGATION: FAILURE OF CARE ("FOC")
www.CharlesJeromeWare.com
Does your loved one show signs of nursing home neglect?
When nursing homes fail to follow care plans or properly monitor residents, serious injuries can result such as fractured hips, broken bones, medication errors, bed sores, dehydration, malnutrition, and even wrongful death.
Nursing home failure to care is increasing in our society.
When you suspect a loved one is not being monitored or cared for properly, we can help. Since 1988, the nursing home neglect attorney at Charles Jerome Ware, P.A., Attorneys and Counsellors, a national general practice law firm have helped injured Maryland and Washington, D.C. residents hold nursing homes, doctors and other healthcare professionals accountable for their negligence, neglect and abuse.
We bring together the knowledge and experience necessary for successful results. www.CharlesJeromeWare.com
We fight. You win.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
Does your loved one show signs of nursing home neglect?
When nursing homes fail to follow care plans or properly monitor residents, serious injuries can result such as fractured hips, broken bones, medication errors, bed sores, dehydration, malnutrition, and even wrongful death.
Nursing home failure to care is increasing in our society.
When you suspect a loved one is not being monitored or cared for properly, we can help. Since 1988, the nursing home neglect attorney at Charles Jerome Ware, P.A., Attorneys and Counsellors, a national general practice law firm have helped injured Maryland and Washington, D.C. residents hold nursing homes, doctors and other healthcare professionals accountable for their negligence, neglect and abuse.
We bring together the knowledge and experience necessary for successful results. www.CharlesJeromeWare.com
We fight. You win.
Failure to Follow Care Plans
Nursing home care plans outline the care that each individual resident requires, based on that individual's specific needs. Typically, family members meet with nurses, doctors, dietitians and other staff to discuss their loved one's specific needs. The group decides what type of care is needed for the individual to participate in daily activities. A care plan specifies this care and who will be responsible for it — such as who will help at mealtimes, what medication needs to be administered and when, and who will assist with the resident's mobility. Does your loved one need help eating? Can he or she walk unassisted?
Care plans must be carefully documented, and everyone involved in the patient's care (family members included) must read the plan and follow it. If a patient's needs change, the care plan should be updated accordingly.
Failure to Monitor Nursing Home Residents
In addition to following care plans, nursing homes are required to provide proper supervision and monitoring of residents. Without adequate supervision, residents who suffer from dementia, Alzheimer's or other physical or mental impairments have a high risk of being injured. Nursing home residents who are not properly monitored could be injured after:
- Wandering off
- Slipping and falling in a nursing home
- Being exposed to bad weather
- Remaining immobile for long periods (leading to bedsores)
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
40 MILLION CREDIT ERROR VICTIMS: Consumer Credit Client Alert (www.CharlesJeromeWare.com)
The U.S. Federal Trade Commission (FTC) is warning consumers to check their credit reports on a regular basis, since a new FTC study reports that 1 in 5 consumers have errors in their credit report from the three major credit reporting agencies: Experian PLC, Equifax, Inc., and Transunion Corp.
In sum, as many as 40 million American consumers have a mistake on their credit report, and over 20 million American consumers have significant mistakes on their report.
The Federal Trade Commission study also said that 5 percent of the consumers identified errors in their reports that could lead to them paying more for mortgages, auto loans or other financial products.
The study looked at reports for 1,001 consumers issued by the three major agencies — Equifax, Experian and TransUnion. The FTC hired researchers to help consumers identify potential errors.
The study closely matches the results of a yearlong investigation by The Columbus Dispatch. The Ohio newspaper’s report last year said that thousands of consumers were denied loans because of errors on their credit reports.
The FTC says the findings underline the importance of consumers checking their credit reports.
Consumers are entitled to a free copy of their credit report each year from each of the three reporting agencies.
The FTC study also found that 20 percent of consumers had an error that was corrected by a reporting agency after the consumer disputed it. About 10 percent of consumers had their credit score changed after a reporting agency corrected errors in their reports.
In September, the federal Consumer Financial Protection Bureau gained the authority to write and enforce rules for the credit reporting industry and to monitor the compliance of the three agencies. Prior to that, the reporting agencies weren’t subject to ongoing monitoring by federal examiners.
The CFPB hasn’t yet taken any public action against the agencies. However, it is accepting complaints from consumers who discover incorrect information on their reports or have trouble getting mistakes corrected. The agencies have 15 days to respond to the complaints with a plan for fixing the problem; consumers can dispute that response.
By contrast, the FTC can only take action if there is an earlier indication of wrongdoing. It cannot demand information from or investigate companies that appear to be following the law.
www.CharlesJeromeWare.com
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
[www.washingtonpost.com/politics/ftc study says 1 in 5 consumers had error in a credit report from major agency; www.ftc.gov/opa/2013/02/creditreport.shtm; www.usatoday.com/02-11-2013; www.abcnews.go.com/02-11-13]
In sum, as many as 40 million American consumers have a mistake on their credit report, and over 20 million American consumers have significant mistakes on their report.
The Federal Trade Commission study also said that 5 percent of the consumers identified errors in their reports that could lead to them paying more for mortgages, auto loans or other financial products.
The study looked at reports for 1,001 consumers issued by the three major agencies — Equifax, Experian and TransUnion. The FTC hired researchers to help consumers identify potential errors.
The study closely matches the results of a yearlong investigation by The Columbus Dispatch. The Ohio newspaper’s report last year said that thousands of consumers were denied loans because of errors on their credit reports.
The FTC says the findings underline the importance of consumers checking their credit reports.
Consumers are entitled to a free copy of their credit report each year from each of the three reporting agencies.
The FTC study also found that 20 percent of consumers had an error that was corrected by a reporting agency after the consumer disputed it. About 10 percent of consumers had their credit score changed after a reporting agency corrected errors in their reports.
In September, the federal Consumer Financial Protection Bureau gained the authority to write and enforce rules for the credit reporting industry and to monitor the compliance of the three agencies. Prior to that, the reporting agencies weren’t subject to ongoing monitoring by federal examiners.
The CFPB hasn’t yet taken any public action against the agencies. However, it is accepting complaints from consumers who discover incorrect information on their reports or have trouble getting mistakes corrected. The agencies have 15 days to respond to the complaints with a plan for fixing the problem; consumers can dispute that response.
By contrast, the FTC can only take action if there is an earlier indication of wrongdoing. It cannot demand information from or investigate companies that appear to be following the law.
www.CharlesJeromeWare.com
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
[www.washingtonpost.com/politics/ftc study says 1 in 5 consumers had error in a credit report from major agency; www.ftc.gov/opa/2013/02/creditreport.shtm; www.usatoday.com/02-11-2013; www.abcnews.go.com/02-11-13]
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