Posted on March 10, 2017 in Divorce

A bill was approved by the Maryland House repealing the language of a Maryland Family Law Statute which prohibits decisions in domestic violence proceedings from being admitted into evidence during divorce trials. Current law states that courts cannot consider decisions or orders made in Protective Order proceedings during the divorce trial. Final Protective Orders may be granted after a domestic violence incident and can provide for temporary custody, visitation and use and possession of the marital home. The bill will have to be approved by the Senate and Governor before becoming law.

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 Posted on March 10, 2017 in Medical Malpractice

A Missouri jury awarded close to $29 million this week to a then-college athlete whose rare genetic disorder went undiagnosed beginning in 2012, leaving her with devastating injuries.  The woman, who now is 24 years old, alleged that she went to her doctor in 2012 with complaints of fatigue, tremors, gait issues, insomnia, difficulty concentrating, crying spells and panic attacks.  Her doctor diagnosed her with anxiety and declined to prescribe any diagnostic testing.  Eight months later, after her symptoms worsened, the woman and her mother implored the doctor for more testing.  An MRI of her brain demonstrated that the woman was suffering from Wilson’s disease.

Wilson’s disease is a rare, hereditary disorder that causes excess amounts of copper to accumulate in the liver, brain and other vital organs.  Copper in the body contributes to, among other things, development of healthy nerves and bones.  Normally, it is absorbed from the food that you eat and any excess is excreted through the bile that is produced in the liver.  However, people with Wilson’s disease do not excrete the copper properly, causing it to accumulate in the body.  If it is diagnosed early, the disease usually can be managed well, resulting in a largely normal life.

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 Posted on March 03, 2017 in Medical Malpractice

After a 54 year-old woman had to have amputations of both of her legs above the knees, her left arm below the elbow, and fingers from her right hand, she sued the healthcare providers in South Carolina whom she believed to be responsible.  The lawsuit alleged that the doctors failed to recognize that the woman was delving deep into deep septic shock.

When she arrived in the emergency department, she was not seen by a physician for five hours, despite the fact that she had a rapid respiratory rate of 28, a heart rate of 155 a low oxygen level of 89 percent and a fever of 103.1 degrees Fahrenheit.  She also was not given her first dose of antibiotics until some fourteen hours after admission, despite orders that such antibiotics be administered hours earlier.  She arrested in the emergency room and was successfully resuscitated.  From that point, her extremities started mottling and she began showing additional signs of ischemia (inadequate blood flow).  Thereafter she was transferred to another hospital where she underwent a triple amputation to save her life.

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 Posted on February 24, 2017 in Divorce

Sen. Wayne Norman (R-Harford) has introduced SB 499, a bill that would allow a circuit court to grant an absolute divorce on the basis of mutual consent, with only one of the parties appearing in court. The bill deletes Fam. Law Sec. 7-103(a)(8)(iv), which currently requires both parties to appear before a chancellor when they are seeking an absolute divorce. The bill hearing is set for February 14, 2017 in the Senate Judicial Proceedings Committee.

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 Posted on February 24, 2017 in Divorce

Stating three words, Talaq, Talaq, Talaq, is all that is required for a husband to divorce his wife under Islamic law. This ancient tradition is being reviewed by the Supreme Court in India in order to determine the constitutionality of this divorce practice. Other primarily Muslim countries have outlawed this practice of divorce years ago as women are often treated unfairly. This practice continues to effect marriage and divorce in the United States and particularly in Maryland.  Spouses who were married under the Islamic faith do not always realize that if they reside in Maryland, they are still bound by Maryland law and have to initiate the divorce process in the Maryland Courts. Many husbands state the triple Talaq or have a proxy in their home country stand in for them to perform the divorce practice pursuant to the laws of their home country. While they may be divorced in the eyes of their faith, they are not divorced pursuant to the law of Maryland. Maryland case law, Aleem v. Aleem, 404 Md. 404 (2008) has concluded that the Talaq violates due process and public policy and therefore is not recognized as a valid divorce in Maryland.

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 Posted on February 24, 2017 in Medical Malpractice

After eight days of testimony and fifteen hours of deliberations, an Atlanta jury this week awarded $45.8 million to a woman who suffered catastrophic and irreversible brain damage just days after giving birth.  Three days after her child’s birth, the woman suffered a heart attack while undergoing x-rays.  Although she was able to be resuscitated, she was without oxygen for approximately ten minutes and suffered an anoxic brain injury that has rendered her unable to care for herself in any meaningful way.

In the medical malpractice lawsuit, the woman’s lawyers claimed that the heart attack was caused by the healthcare providers’ failure to properly monitor her blood pressure in light of preeclampsia, combined with pulmonary edema, also knowns as fluid in the lungs.  The defense took the position at trial that the woman’s decline was more likely explained by pulmonary embolism – a blood clot that breaks off from one area of the body and travels to the lung – than pulmonary edema, and that what happened to the woman could not have been foreseen by the doctors who were charged with caring for her.  The Plaintiffs countered that the doctors failed to properly address the woman’s erratic blood pressure and allowed a dangerous buildup of fluid in her lungs that caused her heart to stop beating.

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 Posted on February 22, 2017 in Criminal Defense

As a former Assistant State’s Attorney and full time criminal attorney for over 20 years, I have both prosecuted and defended hundreds of individuals who have been charged with Sex Offenses.  Many, indeed virtually all, people who are convicted with one of these offenses are required to register as a sex offender.   The statute controlling sexual offender registry is complicated and, in recent years, has been amended several times.  I have recently been retained by 3 separate clients who have had their Sexual Offender Registration Requirements retroactively changed as a result of these amendments.  One was not required to register at all as a result of his conviction but is now being told he must, and two others who have had their registration terms changed from 10 years to life.   We believe that these changes are in clear violation of the Ex post Facto Clause contained in Article 17 of the Maryland Declaration of Rights.  We are filing what is called a Declaratory Judgment action in the Circuit Court in each one of these cases to request that the court issue and Order to the Department of Public Safety to remove these individuals from registry.  Here is a brief synopsis of the law:

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 Posted on February 03, 2017 in Medical Malpractice

A jury in a medical malpractice case tried in federal court has awarded $14.5 million to a young boy who suffered catastrophic injuries, including cerebral palsy, during birth.  The lawsuit alleged that the healthcare providers involved negligently guided the mother through labor, prescribing a drug – Pitocin – that sped up the delivery process to a rate at which the child did not have sufficient time to recover and oxygenate between contractions.  The Plaintiffs’ position was that when the fetal heart monitor began to demonstrate that the child was being deprived of oxygen the administration of Pitocin should have been terminated.  The evidence also demonstrated that the hospital’s written rules prohibited use of Pitocin in cases where the mother is dilating, making progress in the labor process and experiencing strong contractions.

As a result of his injuries, the child is unable to walk or talk and cannot sit up without assistance.  He likely will require significant, round-the-clock care for the remainder of his life.  The award – issued after two weeks of trial and four hours of deliberation – included $3 million for past a future pain, suffering and future lost wages.  The remainder of the award was to cover future medical expenses for his lifetime of needed care.

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 Posted on January 27, 2017 in Medical Malpractice

After a five-day trial last week, a jury in Montgomery County, Maryland awarded $1 million a man who permanently lost vision in one eye following surgery.  The man went to a local eye clinic in December of 2014 with pre-existing conditions that left him at a higher risk of developing increased ocular pressure.  However, he was not prescribed any eye pressure medication.  The clinic physician diagnosed him with a detached retina and scheduled him for surgery to repair it.

The man’s medical malpractice lawyers contended that the surgery caused the pressure in the left eye to increase over the next day, leading to permanent vision loss.  He contended that he is not able to do all of the activities that he was accustomed to doing and that his enjoyment of life’s daily pursuits has been diminished.  The award included $500,000 for pain, suffering, mental anguish and emotional distress.  After the Maryland economic damages cap in medical malpractice cases is applied, the award will be reduced to $740,000.

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 Posted on January 06, 2017 in Medical Malpractice

Last year, an Alabama jury awarded $10 million to the family of a young boy who suffered devastating injuries after his bacterial meningitis went undetected for too long.  Meningitis is an infection of the membranes that surround the brain and spinal cord.  When caused by bacteria, the condition is referred to as bacterial meningitis.

In this case, the family of the then-three-month-old was brought to the hospital on two consecutive days with a variety of symptoms and, while he was admitted, no tests to rule out bacterial infection were performed and no antibiotics were administered.  Despite his ongoing symptoms of a bacterial infection, the hospital discharged him to the care of his parents at home.  The next morning, the family took the boy to his pediatrician who performed a lumbar puncture and confirmed that he was suffering from bacterial meningitis.  He was flown by helicopter to another hospital where he was treated and underwent several surgeries.  Despite those efforts, he suffered permanent brain injuries, hearing loss and now suffers from seizures.

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