Posted on March 28, 2017 in Contracts

Concern regarding “waste, fraud and abuse” in government spending is everywhere these days, it seems.  Even in 2017, it is a solidly bi-partisan concern.  A quick internet search reveals that think tanks from the progressive Center for American Progress to the libertarian Cato Institute have published on the topic, and politicians as ideologically diverse as Rep. Elijah Cummings (D-Md.) and Rep. Paul Gosar (R-Az.) host pages on the official House of Representatives domain, house.gov, addressing wasteful or fraudulent government spending.

It may be more accurate to call the issue “non-partisan” rather than “bi-partisan” – relatively apolitical groups like AARP have weighed in, as has nearly every federal executive agency, including the Office of Personal Management, the Government Accountability Office, and the Department of Health and Human Services (which oversees Medicare and Medicaid – more about those two programs in a future post).

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 Posted on March 21, 2017 in Contracts

Omni Imaging, LLC (“Omni”), a Maryland limited liability company, filed its lawsuit against our clients, Blue Ridge X-Ray Co., Inc. (“Blue Ridge”) and Richard A. Wilson, in the U.S. District Court for the District of Maryland, on or about October 12, 2016, alleging breach of contract, tortious interference with contract and tortious interference with prospective business advantage.  Omni is an LLC in the business of selling and maintaining x-ray facilities and radiology products, accessories, supplies and services in Maryland, Virginia, Delaware, Pennsylvania and the District of Columbia.  Mr. Wilson was formerly employed by Omni prior to joining Blue Ridge X-Ray Co., Inc.  Blue Ridge is a North Carolina corporation and a national supplier of x-ray imaging equipment, service and supplies.  Omni sued our clients over a dispute concerning a non-compete agreement signed by Mr. Wilson prior to leaving his employ with Omni.  STSW was able to defend Blue Ridge and Mr. Wilson and reach a fair and reasonable settlement with the assistance of the Honorable Beth P. Gesner, U.S. Magistrate Judge for the U.S. District Court for the District of Maryland.

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 Posted on March 20, 2017 in Pediatric (child) Medical Malpractice

After two weeks of testimony, a medical malpractice jury in Arkansas awarded $46.5 million to a toddler whose family alleged that her doctors’ negligence resulted in catastrophic and irreversible brain damage.  The family alleged that the doctors failed to properly manage and treat the newborn baby’s jaundice following birth which led to the development of kernicterus in the child’s brain.  Kernicterus is a rare brain damage that occurs in a newborn experiencing severe jaundice.  It can be prevented by treating jaundice early.

Jaundice is a yellow discoloration in a newborn baby’s skin and eyes.  The condition results from an excess amount of bilirubin, a yellow-colored pigment of red blood cells, in the blood.  A high bilirubin level associated with severe infant jaundice or inadequately treated jaundice can result in brain damage, as it did in this case.  According to the family’s medical malpractice lawyers, the infant’s initial blood test demonstrated elevated levels of bilirubin, but no follow up blood testing was done and no phototherapy lights to treat the jaundice were administered.  The reason, the lawyers say, is because the child’s bilirubin levels, which were tested at 2 hours after birth, were compared against those which are normal for a two-day old child.  Death or brain damage caused by the failure to treat high levels of bilirubin in newborns is considered a “never event” in the healthcare industry, meaning it should never happen because it is identifiable, preventable and serious.

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 Posted on March 10, 2017 in Protective Orders

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 Doctor Malpactice

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 Emergency Room 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 Cardiac 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 Sex Offenses

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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