Monday, March 31, 2014
The Lawyer's Mailbox: PRENATAL MEDICAL RECORDS : BALTIMORE LEAD CASE DIS...
The Lawyer's Mailbox: PRENATAL MEDICAL RECORDS : BALTIMORE LEAD CASE DIS...: www.charlesjeromeware.com .. "Here to make a difference." For an initial courtesy consultation, contact Charles Jerome Ware, Attor...
The Lawyer's Mailbox: PRENATAL MEDICAL RECORDS : BALTIMORE LEAD CASE DIS...
The Lawyer's Mailbox: PRENATAL MEDICAL RECORDS : BALTIMORE LEAD CASE DIS...: www.charlesjeromeware.com .. "Here to make a difference." For an initial courtesy consultation, contact Charles Jerome Ware, Attor...
PRENATAL MEDICAL RECORDS : BALTIMORE LEAD CASE DISCOVERY REPORT
www.charlesjeromeware.com.. "Here to make a difference." For an initial courtesy consultation, contact Charles Jerome Ware, Attorneys & Counselors, at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
In a 2010 New York lead paint poisoning civil case [Scott v. Carson, 2010 N.Y. slip op. 5073 IU; 2010 N.Y. Misc. LEXIS 869(Schenectady County, New York 2010)], the Supreme Court of Schenectady County permitted the landlord defendants to show that the mother's prenatal medical records demonstrated that she only achieved a tenth grade education, that she had used alcohol and crack cocaine while pregnant, that the infant plaintiff was born with crack cocaine in his system, that the father abused drugs, and that the plaintiff's younger brother ( who presumably had not been exposed to lead) had a learning disability.
The court found that this medical evidence was sufficient to sustain the defendant's burden to seek medical record discovery and IQ testing from the non-party family members.
In a 2010 New York lead paint poisoning civil case [Scott v. Carson, 2010 N.Y. slip op. 5073 IU; 2010 N.Y. Misc. LEXIS 869(Schenectady County, New York 2010)], the Supreme Court of Schenectady County permitted the landlord defendants to show that the mother's prenatal medical records demonstrated that she only achieved a tenth grade education, that she had used alcohol and crack cocaine while pregnant, that the infant plaintiff was born with crack cocaine in his system, that the father abused drugs, and that the plaintiff's younger brother ( who presumably had not been exposed to lead) had a learning disability.
The court found that this medical evidence was sufficient to sustain the defendant's burden to seek medical record discovery and IQ testing from the non-party family members.
Sunday, March 30, 2014
The Lawyer's Mailbox: LANDLORD BASICS FOR DEFENDING LEAD PAINT POISONING...
The Lawyer's Mailbox: LANDLORD BASICS FOR DEFENDING LEAD PAINT POISONING...: www.charlesjeromeware.com . " Here to make a difference." For an initial courtesy consultation with the Maryland-headquartered na...
The Lawyer's Mailbox: LANDLORD BASICS FOR DEFENDING LEAD PAINT POISONING...
The Lawyer's Mailbox: LANDLORD BASICS FOR DEFENDING LEAD PAINT POISONING...: www.charlesjeromeware.com . " Here to make a difference." For an initial courtesy consultation with the Maryland-headquartered na...
LANDLORD BASICS FOR DEFENDING LEAD PAINT POISONING LAWSUITS IN BALTIMORE, MARYLAND
www.charlesjeromeware.com. " Here to make a difference."
For an initial courtesy consultation with the Maryland-headquartered national lead paint poisoning
defense law firm of Charles Jerome Ware, Attorneys & Counselors, contact Attorney Charles Ware and his colleagues at charlesjeromeware@msn.com, (410) 730-5016, or (410) 720-6129.
Landlord Basics For Defending Lead Paint Poisoning Lawsuits in Baltimore, Maryland :
To begin, the landlord must engage in investigative undertakings to assess the veracity of a potential claim or a pending claim of lead paint poisoning.
In certain circumstance, (a) investigative results may confirm that the premises are poorly maintained and that the child may indeed have suffered ill effects from exposure to lead paint or lead dust within the building. In other cases, (b) prompt investigation may help in documenting that a plaintiff's allegations of lead poisoning are misplaced.
In either case, a vigorous investigation by the landlord or agents of the landlord should help the defendant landlord's attorney as well as liability claims professionals in assessing which cases should and can be resolved --- and those which should be defended through the trial process.
In an effort to reduce potential claims and assist in the defense of claims being pursued, Attorney Charles Ware recommends that Baltimore landlords adopt and incorporate the following measures:
1. Prior to renting the premises to anyone, require the applicant-tenant to disclose in writing the names and current ages of all persons who will reside in the premises.
2. Inspect the premises WITH the applicant-tenant and require them to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
3. Conduct periodic inspections of each apartment or residence anf follow the same procedure with respect to the maintenance of inspection sheets(checklists) signed by tenants.
4. Treat ALL complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
5. Retain Maryland-licensed and insured contractors with experience in the field to perform any required lead abatement work.
6. Paint the premises every three years and maintain copious records of all maintenance, repair, and paint work performed within each unit.
7. If denied access to the premises to perform these inspections or maintenance work, document the denial within the tenant's folder immediately, and follow-up with a letter to the tenant confirming their failure to allow the landlord to gain access to the premises.
8. Keep safely all of the abovereferenced records for at least 21 years.
9. Be ever alert to the fact that lead paint poisoning in Baltimore is considered by many to be a healthcare crisis, thus landlords must be diligent and vigilant in this area.
For an initial courtesy consultation with the Maryland-headquartered national lead paint poisoning
defense law firm of Charles Jerome Ware, Attorneys & Counselors, contact Attorney Charles Ware and his colleagues at charlesjeromeware@msn.com, (410) 730-5016, or (410) 720-6129.
Landlord Basics For Defending Lead Paint Poisoning Lawsuits in Baltimore, Maryland :
To begin, the landlord must engage in investigative undertakings to assess the veracity of a potential claim or a pending claim of lead paint poisoning.
In certain circumstance, (a) investigative results may confirm that the premises are poorly maintained and that the child may indeed have suffered ill effects from exposure to lead paint or lead dust within the building. In other cases, (b) prompt investigation may help in documenting that a plaintiff's allegations of lead poisoning are misplaced.
In either case, a vigorous investigation by the landlord or agents of the landlord should help the defendant landlord's attorney as well as liability claims professionals in assessing which cases should and can be resolved --- and those which should be defended through the trial process.
In an effort to reduce potential claims and assist in the defense of claims being pursued, Attorney Charles Ware recommends that Baltimore landlords adopt and incorporate the following measures:
1. Prior to renting the premises to anyone, require the applicant-tenant to disclose in writing the names and current ages of all persons who will reside in the premises.
2. Inspect the premises WITH the applicant-tenant and require them to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
3. Conduct periodic inspections of each apartment or residence anf follow the same procedure with respect to the maintenance of inspection sheets(checklists) signed by tenants.
4. Treat ALL complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
5. Retain Maryland-licensed and insured contractors with experience in the field to perform any required lead abatement work.
6. Paint the premises every three years and maintain copious records of all maintenance, repair, and paint work performed within each unit.
7. If denied access to the premises to perform these inspections or maintenance work, document the denial within the tenant's folder immediately, and follow-up with a letter to the tenant confirming their failure to allow the landlord to gain access to the premises.
8. Keep safely all of the abovereferenced records for at least 21 years.
9. Be ever alert to the fact that lead paint poisoning in Baltimore is considered by many to be a healthcare crisis, thus landlords must be diligent and vigilant in this area.
Saturday, March 29, 2014
The Lawyer's Mailbox: RECENT BALTIMORE, MARYLAND LEAD PAINT POISONING CA...
The Lawyer's Mailbox: RECENT BALTIMORE, MARYLAND LEAD PAINT POISONING CA...: www.charlesjeromeware.com . "Here to make a difference." The Maryland-headquartered national lead paint poisoning defense law fir...
The Lawyer's Mailbox: RECENT BALTIMORE, MARYLAND LEAD PAINT POISONING CA...
The Lawyer's Mailbox: RECENT BALTIMORE, MARYLAND LEAD PAINT POISONING CA...: www.charlesjeromeware.com . "Here to make a difference." The Maryland-headquartered national lead paint poisoning defense law fir...
RECENT BALTIMORE, MARYLAND LEAD PAINT POISONING CASES: A DEFENSE UPDATE
www.charlesjeromeware.com. "Here to make a difference."
The Maryland-headquartered national lead paint poisoning defense law firm of Charles Jerome Ware, Attorneys & Counselors, is well-known and recognized for its successful defense of landlords in Baltimore City and Washington, D.C. For an initial courtesy consultation , contact Attorney Ware and his colleagues at charlesjeromeware@msn.com, (410) 730-5016, or (410) 720-6129.
We fight, you win.
On November 26, 2013, Maryland's highest court --- the Maryland Court of Appeals --- issued two important lead paint poisoning decisions which helped in clarifying the muddled legal area of "notice" ; and more particularly the "notice" parameters plaintiffs must follow in bringing claims against private property owners and landlords in Baltimore City.
The two cases are:
Brittany Ellis v. Housing Authority of Baltimore City, Number 16, September Term (2013); and Tyairra Johnson v. Housing Authority of Baltimore City, Number 17, September Term (2013).
Summary: The Maryland Court of Appeals HELD that the Circuit Court for Baltimore City properly concluded and decided that the Plaintiffs did NOT substantially comply with "notice"
requirements of the Local Government Tort Claims Act ("LGTCA"), Maryland Annotated Code, Courts and Judicial Proceedings Article ( 1987, 2013 Repl. Vol.) Section 5-301, et seq., where the private landlord defendants received notice of elevated blood-lead levels alone, or oral advisement of the conditions at the property(in the premises) along with a request for repairs and a threat to bring action for repairs.
The Maryland-headquartered national lead paint poisoning defense law firm of Charles Jerome Ware, Attorneys & Counselors, is well-known and recognized for its successful defense of landlords in Baltimore City and Washington, D.C. For an initial courtesy consultation , contact Attorney Ware and his colleagues at charlesjeromeware@msn.com, (410) 730-5016, or (410) 720-6129.
We fight, you win.
On November 26, 2013, Maryland's highest court --- the Maryland Court of Appeals --- issued two important lead paint poisoning decisions which helped in clarifying the muddled legal area of "notice" ; and more particularly the "notice" parameters plaintiffs must follow in bringing claims against private property owners and landlords in Baltimore City.
The two cases are:
Brittany Ellis v. Housing Authority of Baltimore City, Number 16, September Term (2013); and Tyairra Johnson v. Housing Authority of Baltimore City, Number 17, September Term (2013).
Summary: The Maryland Court of Appeals HELD that the Circuit Court for Baltimore City properly concluded and decided that the Plaintiffs did NOT substantially comply with "notice"
requirements of the Local Government Tort Claims Act ("LGTCA"), Maryland Annotated Code, Courts and Judicial Proceedings Article ( 1987, 2013 Repl. Vol.) Section 5-301, et seq., where the private landlord defendants received notice of elevated blood-lead levels alone, or oral advisement of the conditions at the property(in the premises) along with a request for repairs and a threat to bring action for repairs.
The Lawyer's Mailbox: PLAINTIFF'S "NOTICE" TO LEAD CASE DEFENDANTS : NEW...
The Lawyer's Mailbox: PLAINTIFF'S "NOTICE" TO LEAD CASE DEFENDANTS : NEW...: www.charlesjeromeware . "Here to make a difference." Charles Jerome Ware, Attorneys & Counselors, is recognized locally and ...
PLAINTIFF'S "NOTICE" TO LEAD CASE DEFENDANTS : NEW MARYLAND LEAD CASELAW
www.charlesjeromeware. "Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, is recognized locally and nationally as
one of Maryland's and the Nation's preeminent and successful lead paint poisoning defense
law firms; specializing in the legal defense of property owners and landlords. For an initial courtesy consultation with Attorney Ware, contact him at charlesjeromeware@msn.cm, (410) 720-6129, or (410) 730-5016. We fight, you win.
On November 26, 2013 Maryland's highest court --the Maryland Court of Appeals-- issued two lead paint poisoning decisions in an effort to clarify how lead paint cases against private property owners and landlords, as well as the city of Baltimore, must proceed.
The two cases are:
BRITTANY ELLIS v. HOUSING AUTHORITY OF BALTIMORE CITY,
Number 16, September Term (2013); and
TYAIRRA JOHNSON V. HOUSING AUTHORITY OF BALTIMORE CITY,
Number 17, September Term (2013).
CASE SUMMARY: Local Government Tort Claims Act ("LGTCA") - LGTCA Notice Requirement - Substantial Compliance with LGTCA Notice Requirement:
The Maryland Court of Appeals HELD that the Circuit Court for Baltimore City properly concluded that the Plaintiffs did NOT substantially comply with notice requirements of the Local Government Tort Claims Act("LGTCA"), Maryland Code Annotated, Courts and Judicial Proceedings Article (1987, 2013 Repl. Vol.) Section 5-301, et seq., where the private landlord defendants received notice of elevated blood-lead levels alone , or oral advisement of the conditions at the property(in the premises) along with a request for repairs and a threat to bring action for REPAIRS.
Charles Jerome Ware, Attorneys & Counselors, is recognized locally and nationally as
one of Maryland's and the Nation's preeminent and successful lead paint poisoning defense
law firms; specializing in the legal defense of property owners and landlords. For an initial courtesy consultation with Attorney Ware, contact him at charlesjeromeware@msn.cm, (410) 720-6129, or (410) 730-5016. We fight, you win.
On November 26, 2013 Maryland's highest court --the Maryland Court of Appeals-- issued two lead paint poisoning decisions in an effort to clarify how lead paint cases against private property owners and landlords, as well as the city of Baltimore, must proceed.
The two cases are:
BRITTANY ELLIS v. HOUSING AUTHORITY OF BALTIMORE CITY,
Number 16, September Term (2013); and
TYAIRRA JOHNSON V. HOUSING AUTHORITY OF BALTIMORE CITY,
Number 17, September Term (2013).
CASE SUMMARY: Local Government Tort Claims Act ("LGTCA") - LGTCA Notice Requirement - Substantial Compliance with LGTCA Notice Requirement:
The Maryland Court of Appeals HELD that the Circuit Court for Baltimore City properly concluded that the Plaintiffs did NOT substantially comply with notice requirements of the Local Government Tort Claims Act("LGTCA"), Maryland Code Annotated, Courts and Judicial Proceedings Article (1987, 2013 Repl. Vol.) Section 5-301, et seq., where the private landlord defendants received notice of elevated blood-lead levels alone , or oral advisement of the conditions at the property(in the premises) along with a request for repairs and a threat to bring action for REPAIRS.
Friday, March 28, 2014
The Lawyer's Mailbox: BALTIMORE LEAD POISONING DISCOVERY : Defense Updat...
The Lawyer's Mailbox: BALTIMORE LEAD POISONING DISCOVERY : Defense Updat...: www.charlesjeromeware.com . "Here to make a difference." Attorney Charles Jerome Ware is recognized locally and nationally for h...
The Lawyer's Mailbox: BALTIMORE LEAD POISONING DISCOVERY : Defense Updat...
The Lawyer's Mailbox: BALTIMORE LEAD POISONING DISCOVERY : Defense Updat...: www.charlesjeromeware.com . "Here to make a difference." Attorney Charles Jerome Ware is recognized locally and nationally for h...
BALTIMORE LEAD POISONING DISCOVERY : Defense Update.
www.charlesjeromeware.com. "Here to make a difference."
Attorney Charles Jerome Ware is recognized locally and nationally for his pre-eminence and success
as a landlord lead paint poisoning defense lawyer For an initial courtesy consultation, he can be reached at charlesjeromeware@msn.com, (410) 730-5016 and (410) 720-6129, in Maryland.
LEAD POISONING CASES EVOLVING SCOPE OF DISCOVERY:
Locally and nationwide, Courts have begun to recognize that lead exposure does not
always equal injury. Traditionally, in Baltimore at least, numerous judges and commentators have suggested that in certain circumstances lead poisoning cases are " indefensible". This new trend helps the defendant landlord.
The current sense is that, when supported by scientific studies and articles to show a link, expert testimony can be utilized to show that the plaintiff's disorder can be attributed to causes other than lead exposure.
Because lead poisoning claims are usually brought by a parent, in their representative capacity only, on behalf of an infant plaintiff, plaintiff's counsel will frequently take the position that defendants are only entitled to discovery from the infant plaintiff. Since the plaintiff's mother (usually) is not a party in her own right, and she has not put her own medical condition into issue, her medical history remains privileged.
however, because a child's in utero development is inextricably intertwined with the health of his mother, courts do permit discovery of prenatal health records. Nevertheless, plaintiff's' counsel routinely attempt to foreclose inquiry into the health and academic performance of siblings and parents.
Considering that social, behavioral, cognitive, and intelligence deficiencies may be attributed to heredity, prenatal conditions, and psychological factors, courts should permit discovery from non-party family members.
The scope of discovery in lead paint cases is an evolving area of the law, and the issue of non-party discovery (such as parents of the plaintiff) has arisen frequently in this context. Some courts, citing the broad discovery provision contained, for example, in Rule 26(b)(1), have permitted discovery of non-party information because they found it relevant or reasonably calculated to lead to the discovery of admissible evidence. Others, however, have rejected discovery of non-party siblings and parents as beyond the scope of Rule 26.
[ also see, www.uslaw.org]
Attorney Charles Jerome Ware is recognized locally and nationally for his pre-eminence and success
as a landlord lead paint poisoning defense lawyer For an initial courtesy consultation, he can be reached at charlesjeromeware@msn.com, (410) 730-5016 and (410) 720-6129, in Maryland.
LEAD POISONING CASES EVOLVING SCOPE OF DISCOVERY:
Locally and nationwide, Courts have begun to recognize that lead exposure does not
always equal injury. Traditionally, in Baltimore at least, numerous judges and commentators have suggested that in certain circumstances lead poisoning cases are " indefensible". This new trend helps the defendant landlord.
The current sense is that, when supported by scientific studies and articles to show a link, expert testimony can be utilized to show that the plaintiff's disorder can be attributed to causes other than lead exposure.
Because lead poisoning claims are usually brought by a parent, in their representative capacity only, on behalf of an infant plaintiff, plaintiff's counsel will frequently take the position that defendants are only entitled to discovery from the infant plaintiff. Since the plaintiff's mother (usually) is not a party in her own right, and she has not put her own medical condition into issue, her medical history remains privileged.
however, because a child's in utero development is inextricably intertwined with the health of his mother, courts do permit discovery of prenatal health records. Nevertheless, plaintiff's' counsel routinely attempt to foreclose inquiry into the health and academic performance of siblings and parents.
Considering that social, behavioral, cognitive, and intelligence deficiencies may be attributed to heredity, prenatal conditions, and psychological factors, courts should permit discovery from non-party family members.
The scope of discovery in lead paint cases is an evolving area of the law, and the issue of non-party discovery (such as parents of the plaintiff) has arisen frequently in this context. Some courts, citing the broad discovery provision contained, for example, in Rule 26(b)(1), have permitted discovery of non-party information because they found it relevant or reasonably calculated to lead to the discovery of admissible evidence. Others, however, have rejected discovery of non-party siblings and parents as beyond the scope of Rule 26.
[ also see, www.uslaw.org]
The Lawyer's Mailbox: BALTIMORE LANDLORD PAINT LITIGATION DEFENSE TRENDS...
The Lawyer's Mailbox: BALTIMORE LANDLORD PAINT LITIGATION DEFENSE TRENDS...: www.charlesjeromeware.com . “Here to make a difference”. Charles Jerome Ware, Attorneys and Counselors, is a nationally renowned a...
The Lawyer's Mailbox: HON. CHARLES JEROME WARE : TOP 100 TRIAL LAWYERS I...
The Lawyer's Mailbox: HON. CHARLES JEROME WARE : TOP 100 TRIAL LAWYERS I...: www.charlesjeromeware.com . " Here to make a difference.' charlesjeromeware@msn.com Office: (410) 730-5016 Office: (410) 720-...
HON. CHARLES JEROME WARE : TOP 100 TRIAL LAWYERS IN AMERICA
www.charlesjeromeware.com. " Here to make a difference.'
charlesjeromeware@msn.com
Office: (410) 730-5016
Office: (410) 720-6129
FAX : (410) 730-7603
Charles Jerome Ware, Attorneys & Counselors
--- A National Law Firm ---
One Thousand Century Plaza Building
10630 Little Patuxent Parkway
Suite 113
Columbia, Maryland 21044
--- Civil and Criminal Trials, Lead Paint Poisoning Defense (LPPD),
Class Action Lawsuits, Family Law, Estates and Trusts, Medical
Malpractice, Wrongful Death Lawsuits, Corporate and Contract Law,
Entertainment Law, Immigration Law, etc.
For an initial courtesy consultation, contact Attorney( former Judge) Ware
at the contact information presented above.
" We fight, you win."
charlesjeromeware@msn.com
Office: (410) 730-5016
Office: (410) 720-6129
FAX : (410) 730-7603
Charles Jerome Ware, Attorneys & Counselors
--- A National Law Firm ---
One Thousand Century Plaza Building
10630 Little Patuxent Parkway
Suite 113
Columbia, Maryland 21044
--- Civil and Criminal Trials, Lead Paint Poisoning Defense (LPPD),
Class Action Lawsuits, Family Law, Estates and Trusts, Medical
Malpractice, Wrongful Death Lawsuits, Corporate and Contract Law,
Entertainment Law, Immigration Law, etc.
For an initial courtesy consultation, contact Attorney( former Judge) Ware
at the contact information presented above.
" We fight, you win."
BALTIMORE LANDLORD PAINT LITIGATION DEFENSE TRENDS: www.charlesjeromeware.com
www.charlesjeromeware.com.
“Here to make a difference”.
Charles Jerome Ware, Attorneys and Counselors, is a
nationally renowned and respected landlord lead paint poisoning defense law
firm, head quartered in the Baltimore
Previously in my lead paint poisoning defense blogs I
discussed (1) the fact that proof of an elevated lead level, as well as (2) the
fact that actual or constructive notice of a defective lead condition in the
premises, are necessary evidence the plaintiff must establish to prove a case against
the landlord.
Additionally, the plaintiff must also prove that (3) the
lead exposure was a proximate cause of the plaintiff’s injuries. I have found in my lead poisoning defense
cases that this fact is a particularly fertile ground for the landlord’s
defense.
Plaintiffs frequently allege that the infant plaintiff
suffers from a lower IQ or neurological, cognitive and behavioral development
than elevated blood levels.
Known risk factors include family history of learning
disorders, speech and language related difficulties, attention
deficit/hyperactivity disorder (ADHD), and many often hereditary psychological
disorders including depression, anxiety, conduct disorder and oppositional
defiant disorder. Other variables
include maternal drug, alcohol or tobacco use during pregnancy; chronic medical
illness during pregnancy; premature and low birth weight; and maternal age.
Other important and scientifically recognized
neuro-development risk factors are socioeconomic status and home environments. Children
from poor socioeconomic status backgrounds have statistically higher mortality
rates and are at risk for several chronic medical, behavioral, and emotional
disorders. Furthermore, home
environments characterized by poor parenting practices, domestic violence, and
minimal cognitive stimulation increase a child’s risk for poor cognitive,
behavioral, and academic outcomes.
Thursday, March 27, 2014
The Lawyer's Mailbox: MD. MED. MAL. UPDATE: NON-HODGKIN'S LYMPHOMA PATIE...
The Lawyer's Mailbox: MD. MED. MAL. UPDATE: NON-HODGKIN'S LYMPHOMA PATIE...: www.charlesjeromeware.com . "Here to make a difference." For an initial courtesy consultation, contact the Maryland-based nationa...
MD. MED. MAL. UPDATE: NON-HODGKIN'S LYMPHOMA PATIENT DIES FROM CONTINUED CHEMOTHERAPY
www.charlesjeromeware.com. "Here to make a difference."
For an initial courtesy consultation, contact the Maryland-based national medical malpractice law firm of Charles Jerome Ware, Attorneys & Counselors, at charlesjeromeware@msn.com. (410) 720-6129, or (410) 730-5016. We fight, you win.
The views expressed herein are not intended nor presented to be legal advice, nor medical advice.
NON-HODGLIN'S LYMPHOMA PATIENT DIES DUE TO CONTINUED CHEMOTHERAPY.
This medical malpractice case involved a 65-year old female patient with a past medical history of rheumatoid arthritis, osteoarthritis, and irritable bowel syndrome.
The female patient began experiencing extreme fatigue, fever and night sweats. The patient initially sought treatment from alternative medicine sources such as acupuncture and homeopathy. However, when it became clear that her symptoms were not being palliated, she began experiencing drastic weight loss and she presented to the hospital for further investigations.
The patient received traditional treatment, however her disease did not respond well. Further tests were conducted and it was discovered that the patient was now suffering from a diffuse large B-cell lymphoma (DLBCL)--- a very aggressive tumor. The patient underwent several rounds of hyper-CVAD treatment through a peripherally inserted central catheter (PICC line) over a period of several weeks. Hyper-CVAD chemotherapy consisted of two combinations of drugs (courses A and B) which were administered in an alternating pattern.
Course A consisted of cyclophosphamide, vincristine, doxorubicin (also known as Adriamycin), and dexamethasone. Course B consisted of methotrexate and cytarabine.
The patient eventually required a splenectomy due to damage caused to her spleen as a result of the aggressive chemotherapy regimen. In addition the patient developed bilateral pleural effusions with areas of atelectasis across both lung fields. The patient developed an increased white blood cell count, fever and rising BUN/cr during this time frame and was started on Vancomycin empirically with infectious disease consultations suggesting that the fever was purely due to the chemotherapy. The treating physicians decided to proceed with the chemotherapy and the patient quickly developed severe fluid overload and ensuing cardiopulmonary failure resulting in her death.
EXPERT WITNESS ' OPINION : The patient's treating physicians should have chosen to delay the chemotherapy. There was negligence.
[http://www.theexpertinstitute.com/case studies/non-hodgkins lymphoma]
For an initial courtesy consultation, contact the Maryland-based national medical malpractice law firm of Charles Jerome Ware, Attorneys & Counselors, at charlesjeromeware@msn.com. (410) 720-6129, or (410) 730-5016. We fight, you win.
The views expressed herein are not intended nor presented to be legal advice, nor medical advice.
NON-HODGLIN'S LYMPHOMA PATIENT DIES DUE TO CONTINUED CHEMOTHERAPY.
This medical malpractice case involved a 65-year old female patient with a past medical history of rheumatoid arthritis, osteoarthritis, and irritable bowel syndrome.
The female patient began experiencing extreme fatigue, fever and night sweats. The patient initially sought treatment from alternative medicine sources such as acupuncture and homeopathy. However, when it became clear that her symptoms were not being palliated, she began experiencing drastic weight loss and she presented to the hospital for further investigations.
The patient received traditional treatment, however her disease did not respond well. Further tests were conducted and it was discovered that the patient was now suffering from a diffuse large B-cell lymphoma (DLBCL)--- a very aggressive tumor. The patient underwent several rounds of hyper-CVAD treatment through a peripherally inserted central catheter (PICC line) over a period of several weeks. Hyper-CVAD chemotherapy consisted of two combinations of drugs (courses A and B) which were administered in an alternating pattern.
Course A consisted of cyclophosphamide, vincristine, doxorubicin (also known as Adriamycin), and dexamethasone. Course B consisted of methotrexate and cytarabine.
The patient eventually required a splenectomy due to damage caused to her spleen as a result of the aggressive chemotherapy regimen. In addition the patient developed bilateral pleural effusions with areas of atelectasis across both lung fields. The patient developed an increased white blood cell count, fever and rising BUN/cr during this time frame and was started on Vancomycin empirically with infectious disease consultations suggesting that the fever was purely due to the chemotherapy. The treating physicians decided to proceed with the chemotherapy and the patient quickly developed severe fluid overload and ensuing cardiopulmonary failure resulting in her death.
EXPERT WITNESS ' OPINION : The patient's treating physicians should have chosen to delay the chemotherapy. There was negligence.
[http://www.theexpertinstitute.com/case studies/non-hodgkins lymphoma]
The Lawyer's Mailbox: MARYLAND/D.C. MEDICAL MALPRACTICE UPDATE : PRIMARY...
The Lawyer's Mailbox: MARYLAND/D.C. MEDICAL MALPRACTICE UPDATE : PRIMARY...: www.charlesjeromeware.com . "Here to make a difference." For an initial courtesy consultation, contact the nationally respected me...
MARYLAND/D.C. MEDICAL MALPRACTICE UPDATE : PRIMARY CARE DOCTOR MALPRACTICE
www.charlesjeromeware.com. "Here to make a difference." For an initial courtesy consultation, contact the nationally respected medical malpractice law firm of Charles Jerome Ware, Attorneys and Counselors, at (410) 730-5016, (410) 720-6129, and charlesjeromeware@msn.com.
PRIMARY CARE DOCTOR MALPRACTICE : $ 1,000,000,000.00 "Recovery" of Policy Limits.
--- Failure to order chest x-ray/referral when patient presents with labored breathing. Misdiagnosis of antibiotic issues on return visit. ARDS. Wrongful death of 36-year-old weeks later. -----
This medical malpractice action involved a 36-year-old overweight man who came under the care of the defendant primary care physician after relocating to the area after a recent marriage.
The Plaintiff's Estate contended that the now-deceased plaintiff-patient presented with signs and symptoms of pneumonia, including labored breathing and an inability to pass a pulmonary function test, that the defendant physician negligently failed to order a chest x-ray, and failed to conduct a pulse oximetry test or refer the patient to a pulmonologist. The defendant physician prescribed a broad spectrum antibiotic at this visit.
The Plaintiff's Estate maintained that when the patient returned three days later with heightened breathing difficulties difficulties, a high temperature and the onset of diarrhea, the defendant physician again failed to order appropriate tests and a referral, and compounded the negligence by changing from a broad spectrum antibiotic to a narrow band medication, resulting in the chances of it being effective extremely small.
The wife (now widow) brought the decedent to the hospital Emergency Room (ER) at 3 in the morning two days later gasping for breath. The patient was placed in ICU on a ventilator. A chest x-ray revealed that the untreated pneumonia had progressed to Adult Respiratory Distress Syndrome (ARDS). Despite heroic treatment measures, the decedent died in ICU several weeks later.
The Plaintiff's Estate maintained that had the decedent's pneumonia been diagnosed at any time before the onset of ARDS, he would have received appropriate antibiotic therapy and recovered.
The case settled during jury selection for the defendant primary care physician's $ 1,000,000,000.00 policy limits.
PRIMARY CARE DOCTOR MALPRACTICE : $ 1,000,000,000.00 "Recovery" of Policy Limits.
--- Failure to order chest x-ray/referral when patient presents with labored breathing. Misdiagnosis of antibiotic issues on return visit. ARDS. Wrongful death of 36-year-old weeks later. -----
This medical malpractice action involved a 36-year-old overweight man who came under the care of the defendant primary care physician after relocating to the area after a recent marriage.
The Plaintiff's Estate contended that the now-deceased plaintiff-patient presented with signs and symptoms of pneumonia, including labored breathing and an inability to pass a pulmonary function test, that the defendant physician negligently failed to order a chest x-ray, and failed to conduct a pulse oximetry test or refer the patient to a pulmonologist. The defendant physician prescribed a broad spectrum antibiotic at this visit.
The Plaintiff's Estate maintained that when the patient returned three days later with heightened breathing difficulties difficulties, a high temperature and the onset of diarrhea, the defendant physician again failed to order appropriate tests and a referral, and compounded the negligence by changing from a broad spectrum antibiotic to a narrow band medication, resulting in the chances of it being effective extremely small.
The wife (now widow) brought the decedent to the hospital Emergency Room (ER) at 3 in the morning two days later gasping for breath. The patient was placed in ICU on a ventilator. A chest x-ray revealed that the untreated pneumonia had progressed to Adult Respiratory Distress Syndrome (ARDS). Despite heroic treatment measures, the decedent died in ICU several weeks later.
The Plaintiff's Estate maintained that had the decedent's pneumonia been diagnosed at any time before the onset of ARDS, he would have received appropriate antibiotic therapy and recovered.
The case settled during jury selection for the defendant primary care physician's $ 1,000,000,000.00 policy limits.
Tuesday, March 25, 2014
The Lawyer's Mailbox: BALTIMORE, MARYLAND LEAD POISONING CAUSATION RE-VI...
The Lawyer's Mailbox: BALTIMORE, MARYLAND LEAD POISONING CAUSATION RE-VI...: www.charlesjeromeware.com . "Here to make a difference." For an initial courtesy consultation with the national lead poisoning de...
BALTIMORE, MARYLAND LEAD POISONING CAUSATION RE-VISITED; The Charles Ware Report
www.charlesjeromeware.com. "Here to make a difference."
For an initial courtesy consultation with the national lead poisoning defense law firm, Charles Jerome Ware, Attorneys and Counselors, contact us at (410) 720-6129, or (410) 730-5016, or charlesjeromeware@msn.com. We fight, you win.
Nationally, courts have recently begun to re-visit the issue of causation and recognize that a lead poisoning defendant landlord still has the right to question causation, and thereby escape liability or mitigate his or her damages, even where there is evidence of lead exposure and the defendant landlord had actual or constructive notice of the lead exposure.
For instance, a landlord who has been negligent in dealing with lead hazards presented by paint is clearly entitled to challenge causation by showing that the (formerly infant) plaintiff ingested other lead-containing substances during the relevant time period.
For an initial courtesy consultation with the national lead poisoning defense law firm, Charles Jerome Ware, Attorneys and Counselors, contact us at (410) 720-6129, or (410) 730-5016, or charlesjeromeware@msn.com. We fight, you win.
Nationally, courts have recently begun to re-visit the issue of causation and recognize that a lead poisoning defendant landlord still has the right to question causation, and thereby escape liability or mitigate his or her damages, even where there is evidence of lead exposure and the defendant landlord had actual or constructive notice of the lead exposure.
For instance, a landlord who has been negligent in dealing with lead hazards presented by paint is clearly entitled to challenge causation by showing that the (formerly infant) plaintiff ingested other lead-containing substances during the relevant time period.
Monday, March 24, 2014
MARYLAND LEAD LITIGATION DEFENSE LAWYER UPDATE : The Charles Ware Report
www.charlesjeromeware.com
charlesjeromeware@msn.com
"Here to make a difference."
Please see: " Causation Re-visited in Recent Lead Poisoning Cases";
Monday, March 24, 2014, BALTIMORE, MARYLAND & WASHINGTON,D.C. LEAD LITIGATION DEFENSE COUNSEL UPDATE: The Charles Ware Report.
charlesjeromeware@msn.com
"Here to make a difference."
Please see: " Causation Re-visited in Recent Lead Poisoning Cases";
Monday, March 24, 2014, BALTIMORE, MARYLAND & WASHINGTON,D.C. LEAD LITIGATION DEFENSE COUNSEL UPDATE: The Charles Ware Report.
The Lawyer's Mailbox: BALTIMORE, MARYLAND & WASHINGTON,D.C. LEAD LITIGAT...
The Lawyer's Mailbox: BALTIMORE, MARYLAND & WASHINGTON,D.C. LEAD LITIGAT...: www.charlesjeromeware.com . " Here to make a difference." Causation Re-visited in Recent Lead Poisoning Cases: Courts have r...
BALTIMORE, MARYLAND & WASHINGTON,D.C. LEAD LITIGATION DEFENSE COUNSEL UPDATE: The Charles Ware Report
www.charlesjeromeware.com. "Here to make a difference."
Causation Re-visited in Recent Lead Poisoning Cases:
Courts have recently begun to re-visit the issue of causation and recognize that a lead poisoning defendant landlord still has the right to question causation and thereby escape liability or mitigate his or her damages, even where there is evidence of lead exposure and the defendant landlord had actual or constructive notice of the lead exposure.
For instance, a landlord who has been negligent in dealing with lead hazards presented by paint is clearly entitled to challenge causation by showing that the(infant) plaintiff ingested other lead-containing substances during the relevant time period.
[ For an initial courtesy consultation, contact the Maryland-based national law firm of Charles Jerome Ware, Attorneys & Counselors, (410) 720-6129 or (410) 730-5016; Email: charlesjeromeware@msn.com.]
Causation Re-visited in Recent Lead Poisoning Cases:
Courts have recently begun to re-visit the issue of causation and recognize that a lead poisoning defendant landlord still has the right to question causation and thereby escape liability or mitigate his or her damages, even where there is evidence of lead exposure and the defendant landlord had actual or constructive notice of the lead exposure.
For instance, a landlord who has been negligent in dealing with lead hazards presented by paint is clearly entitled to challenge causation by showing that the(infant) plaintiff ingested other lead-containing substances during the relevant time period.
[ For an initial courtesy consultation, contact the Maryland-based national law firm of Charles Jerome Ware, Attorneys & Counselors, (410) 720-6129 or (410) 730-5016; Email: charlesjeromeware@msn.com.]
Monday, March 17, 2014
TOP TEN FOREIGN -BORN IMMIGRANT GROUPS IN THE UNITED STATES ( Chapter One): www.charlesjeromeware.com
www.charlesjeromeware.com. " Here to make a difference."
For numbers on this issue see Chapter One, page 6, in the best-selling immigration book, THE IMMIGRATION PARADOX: 15 Tips for Winning Immigration Cases (168 pages, $17.95),
by Attorney Charles Jerome Ware, former United States Immigration Judge (IJ). This book is available from all major booksellers, including AMAZON books, BARNES & NOBLE, BOOKS-a-MILLION, etc. ENJOY !
[This data, supra, was extracted from the official records of the U.S. Census Bureau]
For numbers on this issue see Chapter One, page 6, in the best-selling immigration book, THE IMMIGRATION PARADOX: 15 Tips for Winning Immigration Cases (168 pages, $17.95),
by Attorney Charles Jerome Ware, former United States Immigration Judge (IJ). This book is available from all major booksellers, including AMAZON books, BARNES & NOBLE, BOOKS-a-MILLION, etc. ENJOY !
[This data, supra, was extracted from the official records of the U.S. Census Bureau]
The Lawyer's Mailbox: GETTING ASYLUM ( IN THE U.S.), Chapter 9 : www.cha...
The Lawyer's Mailbox: GETTING ASYLUM ( IN THE U.S.), Chapter 9 : www.cha...: www.charlesjeromeware.com . " Here to make a difference." CHAPTER 9 : GETTING ASYLUM ( Page 43 ). From the best-selling Im...
GETTING ASYLUM ( IN THE U.S.), Chapter 9 : www.charlesjeromeware.com
www.charlesjeromeware.com. " Here to make a difference."
CHAPTER 9 : GETTING ASYLUM ( Page 43 ). From the best-selling Immigration Book: THE IMMIGRATION PARDOX : 15 Tips for Winning Immigration Cases; by Attorney Charles Jerome Ware, Former United States Immigration Judge (IJ). This book is available from all major booksellers, including AMAZON books, BARNES & NOBLE, BOOKS-a-MILLION, etc
ENJOY !
" In America, no human being is " illegal."
---- Former Immigration Judge (IJ) Charles Jerome Ware.
CHAPTER 9 : GETTING ASYLUM ( Page 43 ). From the best-selling Immigration Book: THE IMMIGRATION PARDOX : 15 Tips for Winning Immigration Cases; by Attorney Charles Jerome Ware, Former United States Immigration Judge (IJ). This book is available from all major booksellers, including AMAZON books, BARNES & NOBLE, BOOKS-a-MILLION, etc
ENJOY !
" In America, no human being is " illegal."
---- Former Immigration Judge (IJ) Charles Jerome Ware.
The Lawyer's Mailbox: THE MIRACLE OF CHAPTER 13 BANKRUPTCY IN AVOIDIND F...
The Lawyer's Mailbox: THE MIRACLE OF CHAPTER 13 BANKRUPTCY IN AVOIDIND F...: www.charlesjeromeware.com . "Here to make a difference." Reader comments: " Attorney Charles Ware's very helpful co...
THE MIRACLE OF CHAPTER 13 BANKRUPTCY IN AVOIDIND FORECLOSURE,www.charlesjeromeware.com
www.charlesjeromeware.com. "Here to make a difference."
Reader comments:
" Attorney Charles Ware's very helpful consumer book is well-written, thoroughly-researched and enjoyable to read. Five stars !!!!!." --- A former Chairman of the U.S. Federal Trade Commission (FTC).
" I saved my home and salvaged my family with this wonderful book!" --- T. Berrus.
" A great consumer manual to follow daily !"--- Professor J Shumer.
Read, "(3)The Miracle of Chapter 13 Bankruptcy in Avoiding Foreclosure", from Chapter 4 ( Fifteen (150 Tips for Avoiding Foreclosure), from the best-selling consumer book, LEGAL CONSUMER TIPS AND SECRETS: Avoiding Debtors' Prison in the United States ( 209 pages; $15.95). Book available from all major booksellers, including AMAZON books, BARNES & NOBLE, BOOKS-a-MILLION, etc.
ENJOY !
Reader comments:
" Attorney Charles Ware's very helpful consumer book is well-written, thoroughly-researched and enjoyable to read. Five stars !!!!!." --- A former Chairman of the U.S. Federal Trade Commission (FTC).
" I saved my home and salvaged my family with this wonderful book!" --- T. Berrus.
" A great consumer manual to follow daily !"--- Professor J Shumer.
Read, "(3)The Miracle of Chapter 13 Bankruptcy in Avoiding Foreclosure", from Chapter 4 ( Fifteen (150 Tips for Avoiding Foreclosure), from the best-selling consumer book, LEGAL CONSUMER TIPS AND SECRETS: Avoiding Debtors' Prison in the United States ( 209 pages; $15.95). Book available from all major booksellers, including AMAZON books, BARNES & NOBLE, BOOKS-a-MILLION, etc.
ENJOY !
The Lawyer's Mailbox: BALTIMORE LEADLORD LEAD DEFENSE ATTORNEYS ("BLLDA"...
The Lawyer's Mailbox: BALTIMORE LEADLORD LEAD DEFENSE ATTORNEYS ("BLLDA"...: www.charlesjeromeware.com . "Here to make a difference. " For an initial courtesy consultation, contact us at (410) 730-5016 or (...
BALTIMORE LEADLORD LEAD DEFENSE ATTORNEYS ("BLLDA"),www.charlesjeromeware.com
www.charlesjeromeware.com. "Here to make a difference. "
For an initial courtesy consultation, contact us at (410) 730-5016 or (410) 720-6129. The
locally-headquartered national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors,
is conveniently located in the Baltimore area. The firm and its founder are locally and nationally recognized and respected for their successful lead poisoning defense work.
Proper and effective investigation, evaluation and defense of childhood lead-based paint poisoning claims in Baltimore as well as elsewhere demand exploration of all possible sources of the child's exposure to lead as well as all possible causes of the child's neurological disabilities.
The very first step in this process is to investigate the real property alleged to be the source of the
poisoning. This law firm strongly recommends to our landlord clients that they perform periodic inspections of all apartments and rooms in their buildings, fully documenting their visual observations. The results of these periodic inspections should be compiled in an "inspection report",
and the findings should be reviewed with the tenants. Tenants should sign the inspection reports, confirming their agreement with the landlord with the landlord's observations.
Where repairs or maintenance are necessary, the landlord should generate separate documentation providing detailed descriptions of the work performed as well as the identity of the person or party that performed the work. tenants should be asked to acknowledge in writing when maintenance or
repairs have been performed, and that they were performed satisfactorily.
Remember: Any documentation to verify the performance of maintenance or painting will enhance the claim's defense in a judge or jury's eyes.
For an initial courtesy consultation, contact us at (410) 730-5016 or (410) 720-6129. The
locally-headquartered national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors,
is conveniently located in the Baltimore area. The firm and its founder are locally and nationally recognized and respected for their successful lead poisoning defense work.
Proper and effective investigation, evaluation and defense of childhood lead-based paint poisoning claims in Baltimore as well as elsewhere demand exploration of all possible sources of the child's exposure to lead as well as all possible causes of the child's neurological disabilities.
The very first step in this process is to investigate the real property alleged to be the source of the
poisoning. This law firm strongly recommends to our landlord clients that they perform periodic inspections of all apartments and rooms in their buildings, fully documenting their visual observations. The results of these periodic inspections should be compiled in an "inspection report",
and the findings should be reviewed with the tenants. Tenants should sign the inspection reports, confirming their agreement with the landlord with the landlord's observations.
Where repairs or maintenance are necessary, the landlord should generate separate documentation providing detailed descriptions of the work performed as well as the identity of the person or party that performed the work. tenants should be asked to acknowledge in writing when maintenance or
repairs have been performed, and that they were performed satisfactorily.
Remember: Any documentation to verify the performance of maintenance or painting will enhance the claim's defense in a judge or jury's eyes.
Friday, March 14, 2014
MARYLAND MEDICAL MALPRACTICE QUIZ : From The WAREHOUSE Attorneys
www.charlesjeromeware.com. "Here to make a difference."
For an initial courtesy consultation with the national law firm of Charles Jerome Ware, Attorneys & Counselors, contact us at (410) 730-5016 or (410) 720-6129.
LITHOTRIPSY CAUSES SEVERE BURN TO WOMAN:
Plaintiff patient is a 50 year old woman with a history of hypertension, smoking, stroke , melanoma and cellulitis.
She presented to her surgeon for recurrent cancer which revealed a large kidney stone causing obstruction. On March 18, 2012 she was admitted to the hospital for extracorporeal shock wave lithotripsy (ESWL) which was complicated by a left flank burn and non-fracturing of the left kidney stone.
She alleges the surgeon left the room during the lithotripsy procedure and the technician continued the procedure. Later, the surgeon informed her that the machine malfunctioned, stating that the heat sensors were faulty.
QUESTION: Is this a case of malpractice against the physician surgeon ?
[medQuest/03-13-2014/Litotripsy]
For an initial courtesy consultation with the national law firm of Charles Jerome Ware, Attorneys & Counselors, contact us at (410) 730-5016 or (410) 720-6129.
LITHOTRIPSY CAUSES SEVERE BURN TO WOMAN:
Plaintiff patient is a 50 year old woman with a history of hypertension, smoking, stroke , melanoma and cellulitis.
She presented to her surgeon for recurrent cancer which revealed a large kidney stone causing obstruction. On March 18, 2012 she was admitted to the hospital for extracorporeal shock wave lithotripsy (ESWL) which was complicated by a left flank burn and non-fracturing of the left kidney stone.
She alleges the surgeon left the room during the lithotripsy procedure and the technician continued the procedure. Later, the surgeon informed her that the machine malfunctioned, stating that the heat sensors were faulty.
QUESTION: Is this a case of malpractice against the physician surgeon ?
[medQuest/03-13-2014/Litotripsy]
Thursday, March 13, 2014
TRIGEMINAL NEURALGIA & FIBRO-OSSEOUS ANKYLOSIS: $3 Million Verdict
www.CHARLESJEROMEWARE.COM.
“Here to make a difference”.
This dental malpractice update is presented by the
Maryland-based national law firm of Charles Jerome Ware, P.A., Attorneys and Counselors. The information provided is not intended to
be legal advice nor medical advice, and should not be accepted as such.
This Queens County, New York dental malpractice case
included allegation of (1) failure to timely respond to complaints of swelling
and pain, (2) a two-day delay in diagnosis, (3) trigeminal neuralgia, (4)
aggravation of left TMJ dysfunction, and (5) fibrous ankylosis. This action involved a 44-year old female
patient.
. The plaintiff
had presented to the defendant dentist with left jaw pain and an inability to
fully open her mouth, and which prompted a CT-scan that showed bilateral
temporal mandibular joint disorder (TMJ).
The dentist defendant injected her left jaw space with local anesthetic
in order to manipulate her jaw. The plaintiff maintained that she called two
days later and complained of increased pain and the onset of swelling. The
plaintiff contended that the swelling was a clear sign of infection and that
the defendant negligently failed to prescribe antibiotics or refer the patient
to a specialist.
The plaintiff maintained that the defendant’s negligence resulted in a three day delay in the diagnosis of infection and that the delay caused her infection to spread to the deep spaces of the jaw and jaw joint. She underwent surgery to treat the infection, suffered from trigeminal neuralgia, and required a seven day hospitalization that left her with permanent fibro-osseous ankylosis of the left jaw joint. The plaintiff contended that the partial fusion prevents her from fully opening her mouth, is very painful, and limits the foods she can eat.
The plaintiff maintained that the defendant’s negligence resulted in a three day delay in the diagnosis of infection and that the delay caused her infection to spread to the deep spaces of the jaw and jaw joint. She underwent surgery to treat the infection, suffered from trigeminal neuralgia, and required a seven day hospitalization that left her with permanent fibro-osseous ankylosis of the left jaw joint. The plaintiff contended that the partial fusion prevents her from fully opening her mouth, is very painful, and limits the foods she can eat.
Subsequently, the
plaintiff presented with severe left jaw pain of several weeks duration. The
defendant ordered a CT-scan that showed a complete TMJ dislocation on the left
side and a partial TMJ dislocation on the right side. The defendant injected
anesthesia into the left side and prepared bilateral splints. There was no
claim of complaints of swelling as of this time and no contentions that the
defendant was as of yet negligent.
The plaintiff maintained that two days after the first visit, she called complaining of the onset of swelling, as well as increased pain and that the defendant advised her that the swelling was normal. The plaintiff contended that when she called the following day, complaining of heightened symptoms, the defendant prescribed Neurontin. The defendant denied that the plaintiff complained of swelling and his records contained no mention of such an advisement by the plaintiff. The plaintiff maintained that the need for such a strong neurological pain medicine as Neurontin should have prompted an office visit, irrespective of the question of complaints of swelling. The plaintiff contended that if she would have been seen at this time, the infection would have been diagnosed in a timely manner and the plaintiff would have avoided the trigeminal neuralgia and fibro-osseous ankylosis.
A few days later, the plaintiff presented to a non-party ENT physician who diagnosed the infection, and administered IV antibiotics. The plaintiff contended that the delay permitted the infection to heighten. The plaintiff maintained that she will permanently suffer extensive pain and difficulties opening the left side of her jaw. The plaintiff established that three oral surgeons have recommended joint replacement surgery. The plaintiff has yet to decide to undergo the surgery.
The plaintiff is a law office manager who was earning approximately $100,000 per year. The plaintiff contended that because of the continuing pain and need for medication, she can no longer work. The jury found the defendant 90% negligent, the plaintiff 10% comparatively negligent and rendered a gross award of $3,000,000.
The plaintiff maintained that two days after the first visit, she called complaining of the onset of swelling, as well as increased pain and that the defendant advised her that the swelling was normal. The plaintiff contended that when she called the following day, complaining of heightened symptoms, the defendant prescribed Neurontin. The defendant denied that the plaintiff complained of swelling and his records contained no mention of such an advisement by the plaintiff. The plaintiff maintained that the need for such a strong neurological pain medicine as Neurontin should have prompted an office visit, irrespective of the question of complaints of swelling. The plaintiff contended that if she would have been seen at this time, the infection would have been diagnosed in a timely manner and the plaintiff would have avoided the trigeminal neuralgia and fibro-osseous ankylosis.
A few days later, the plaintiff presented to a non-party ENT physician who diagnosed the infection, and administered IV antibiotics. The plaintiff contended that the delay permitted the infection to heighten. The plaintiff maintained that she will permanently suffer extensive pain and difficulties opening the left side of her jaw. The plaintiff established that three oral surgeons have recommended joint replacement surgery. The plaintiff has yet to decide to undergo the surgery.
The plaintiff is a law office manager who was earning approximately $100,000 per year. The plaintiff contended that because of the continuing pain and need for medication, she can no longer work. The jury found the defendant 90% negligent, the plaintiff 10% comparatively negligent and rendered a gross award of $3,000,000.
[http://www.jvra.com/verdict_trak/article/190676]
Baltimore Lead Defense Attorney Perspective: The Defense Speaks
www.CHARLESJEROMEWARE.COM. "Here to make a difference." For an initial courtesy consultation contact us at (410) 730-5016 or (410) 720-6129.
There is little doubt in my mind that Baltimore, similar to many other older urban and rural cities in the United States, have an unfortunate lead paint problem which originates primarily from having an abundance of older housing units. In my view, lead paint poisoning in Baltimore is a public health crisis. However, this certainly does not mean that every owner or landlord of a pre-1978 house in Baltimore is a villain. The vast majority of parties involved in Baltimore's lead paint problem are victims.
No rational human being could want anyone to suffer from the effects of lead poisoning, which over time can cause damage to the central nervous system, brain, liver and gastrointestinal tract.
However, it should be noted that human beings can be exposed to lead from numerous sources besides lead paint, such as automobiles, industrial emission surfaces and ground water, and some forms of solder (i.e., metal or metallic alloy).
Thursday, March 6, 2014
The Lawyer's Mailbox: MARYLAND "GRANNY CAMS" IN NURSING HOMES
The Lawyer's Mailbox: MARYLAND "GRANNY CAMS" IN NURSING HOMES: www.charlesjeromeware.com . "Here to make a difference." See the previous important blog from November 22, 2013 : thelawyersm...
MARYLAND "GRANNY CAMS" IN NURSING HOMES
www.charlesjeromeware.com. "Here to make a difference."
See the previous important blog from November 22, 2013:
thelawyersmailbox.blogspot.com/ Maryland "Granny Cam" Alert: Combatting Elder Abuse".
See the previous important blog from November 22, 2013:
thelawyersmailbox.blogspot.com/ Maryland "Granny Cam" Alert: Combatting Elder Abuse".
The Lawyer's Mailbox: SUPREME COURT (SCOTUS) EXPANDS "WHISTLEBLOWER" PRO...
The Lawyer's Mailbox: SUPREME COURT (SCOTUS) EXPANDS "WHISTLEBLOWER" PRO...: www.charlesjeromeware.com . " Here to make a difference." By a 6 to 3 vote, in the case of Lawson v. FMR LLC, 12-3, the Supre...
SUPREME COURT (SCOTUS) EXPANDS "WHISTLEBLOWER" PROTECTIONS : ENRON CORPORATION DISASTER
www.charlesjeromeware.com. " Here to make a difference."
By a 6 to 3 vote, in the case of Lawson v. FMR LLC, 12-3, the Supreme court of the United States (SCOTUS) has expanded the reach of a federal law enacted in response to the 2001 Enron Corporation disastrous collapse. the Court stated that the law protects people who work for a public company's contractors, including law firms and auditors.
The Lawson case involved whistle-blower claims by two former employees of a privately - held
company that provides investment advice and management services to the Fidelity Mutual Funds.
The case centered on protections that watchdog groups and president Barack Obama's Administration say are important to prevent another Enron-like catastrophe.
Enron, once the world's largest energy trader, collapsed after using off-books partnerships to hide billions in losses and debt. The massive fraud also brought down the once-powerful auditing firm Arthur Andersen -- Enron's auditing firm.
The plaintiffs in Lawson v. FMR LLC,12-3, were Jackie Hosang Lawson and Jonathan M. Zang, who
worked for units of privately-held FMR LLC. The units provide investment advice and management services to publicly traded Fidelity Mutual. Lawson and Zang alleged they lost their jobs after reporting fraud on the part of Enron.
By a 6 to 3 vote, in the case of Lawson v. FMR LLC, 12-3, the Supreme court of the United States (SCOTUS) has expanded the reach of a federal law enacted in response to the 2001 Enron Corporation disastrous collapse. the Court stated that the law protects people who work for a public company's contractors, including law firms and auditors.
The Lawson case involved whistle-blower claims by two former employees of a privately - held
company that provides investment advice and management services to the Fidelity Mutual Funds.
The case centered on protections that watchdog groups and president Barack Obama's Administration say are important to prevent another Enron-like catastrophe.
Enron, once the world's largest energy trader, collapsed after using off-books partnerships to hide billions in losses and debt. The massive fraud also brought down the once-powerful auditing firm Arthur Andersen -- Enron's auditing firm.
The plaintiffs in Lawson v. FMR LLC,12-3, were Jackie Hosang Lawson and Jonathan M. Zang, who
worked for units of privately-held FMR LLC. The units provide investment advice and management services to publicly traded Fidelity Mutual. Lawson and Zang alleged they lost their jobs after reporting fraud on the part of Enron.
Wednesday, March 5, 2014
The Lawyer's Mailbox: CONTRACT LAW FOR THE CONSUMER ( Chapter 15)
The Lawyer's Mailbox: CONTRACT LAW FOR THE CONSUMER ( Chapter 15): www.charlesjeromeware.com . "Here to make a difference." CHAPTER FIFTEEN: CONTRACT LAW FOR THE CONSUMER . from the bestselling...
CONTRACT LAW FOR THE CONSUMER ( Chapter 15)
www.charlesjeromeware.com. "Here to make a difference."
CHAPTER FIFTEEN: CONTRACT LAW FOR THE CONSUMER . from the bestselling book,
LEGAL CONSUMER TIPS AND SECRETS: Avoiding Debtors' Prison in the United States, by
Attorney Charles Jerome Ware, former Special Counsel to the Chairman to the Chairman of the Federal Trade Commission (FTC). Available from all major Booksellers.
If the consumer remembers nothing else about contract law,
he or she should remember this: When it comes to written
or printed contracts, generally the BOLD (large) print
giveth and the FINE (small) print taketh away.
CHAPTER FIFTEEN: CONTRACT LAW FOR THE CONSUMER . from the bestselling book,
LEGAL CONSUMER TIPS AND SECRETS: Avoiding Debtors' Prison in the United States, by
Attorney Charles Jerome Ware, former Special Counsel to the Chairman to the Chairman of the Federal Trade Commission (FTC). Available from all major Booksellers.
If the consumer remembers nothing else about contract law,
he or she should remember this: When it comes to written
or printed contracts, generally the BOLD (large) print
giveth and the FINE (small) print taketh away.
The Lawyer's Mailbox: DEALING WITH GOVERNMENT AGENCIES ( Chapter 18)
The Lawyer's Mailbox: DEALING WITH GOVERNMENT AGENCIES ( Chapter 18): www.charlesjeromeware.com . " Here to make a difference." CHAPTER EIGHTEEN: DEALING WITH GOVERNMENT AGENCIES, from the best-se...
DEALING WITH GOVERNMENT AGENCIES ( Chapter 18)
www.charlesjeromeware.com. " Here to make a difference."
CHAPTER EIGHTEEN: DEALING WITH GOVERNMENT AGENCIES,
from the best-selling book, LEGAL CONSUMER TIPS AND SECRETS : Avoiding
Debtors' Prison in the United States, by Attorney Charles Jerome Ware, former
Special Counsel to the Chairman of the United States Federal Trade Commission
(FTC). Available from all major Booksellers.
Government agencies can be difficult at times to deal with.
CHAPTER EIGHTEEN: DEALING WITH GOVERNMENT AGENCIES,
from the best-selling book, LEGAL CONSUMER TIPS AND SECRETS : Avoiding
Debtors' Prison in the United States, by Attorney Charles Jerome Ware, former
Special Counsel to the Chairman of the United States Federal Trade Commission
(FTC). Available from all major Booksellers.
Government agencies can be difficult at times to deal with.
The Lawyer's Mailbox: AVOIDING TAX DEBT SETTLEMENT SCAMS ( Chapter 17)
The Lawyer's Mailbox: AVOIDING TAX DEBT SETTLEMENT SCAMS ( Chapter 17): www.charlesjeromeware.com . "Here to make a difference." CHAPTER SEVENTEEN: RECOGNIZING AND AVOIDING TAX DEBT SETTLEMENT S...
AVOIDING TAX DEBT SETTLEMENT SCAMS ( Chapter 17)
www.charlesjeromeware.com. "Here to make a difference."
CHAPTER SEVENTEEN: RECOGNIZING AND AVOIDING TAX DEBT
SETTLEMENT SCAMS, from the best-selling book, LEGAL CONSUMER TIPS
AND SECRETS : Avoiding Debtors' Prison In The United States, by Attorney Charles
Jerome Ware, Former Special Legal and Economic Counsel to the Chairman of the
United States Federal Trade Commission (FTC). Available from all major booksellers.
If the promise or pitch sounds too good to be true, it probably
is too good to be true.
CHAPTER SEVENTEEN: RECOGNIZING AND AVOIDING TAX DEBT
SETTLEMENT SCAMS, from the best-selling book, LEGAL CONSUMER TIPS
AND SECRETS : Avoiding Debtors' Prison In The United States, by Attorney Charles
Jerome Ware, Former Special Legal and Economic Counsel to the Chairman of the
United States Federal Trade Commission (FTC). Available from all major booksellers.
If the promise or pitch sounds too good to be true, it probably
is too good to be true.
The Lawyer's Mailbox: SECRETS & TIPS FOR AVOIDING DEBT COLLECTION HARASS...
The Lawyer's Mailbox: SECRETS & TIPS FOR AVOIDING DEBT COLLECTION HARASS...: www.charlesjeromeware.com . " Here to make a difference." CHAPTER SIXTEEN: SECRETS AND TIPS FOR AVOIDING DEBT COLLECTION HARASS...
SECRETS & TIPS FOR AVOIDING DEBT COLLECTION HARASSMENT ( Chapter 16)
www.charlesjeromeware.com. " Here to make a difference."
CHAPTER SIXTEEN: SECRETS AND TIPS FOR AVOIDING DEBT COLLECTION HARASSMENT, from the best-selling book, LEGAL CONSUMER TIPS AND SECRETS : Avoiding Debtors' Prison In The United States, by Attorney Charles Jerome Ware, Former Special Legal and Economic Counsel To The Chairman of the United States Federal Trade Commission.
Available from all major booksellers.
For many years now, the dreaded debt collectors have been
the most complained-about industry on the Federal Trade
Commission's (FTC's) website. What's worse is the fact that
serious abuses by out-of-control debt collectors are getting
worse everyday.
CHAPTER SIXTEEN: SECRETS AND TIPS FOR AVOIDING DEBT COLLECTION HARASSMENT, from the best-selling book, LEGAL CONSUMER TIPS AND SECRETS : Avoiding Debtors' Prison In The United States, by Attorney Charles Jerome Ware, Former Special Legal and Economic Counsel To The Chairman of the United States Federal Trade Commission.
Available from all major booksellers.
For many years now, the dreaded debt collectors have been
the most complained-about industry on the Federal Trade
Commission's (FTC's) website. What's worse is the fact that
serious abuses by out-of-control debt collectors are getting
worse everyday.
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