Featured Lawsuits

March 24, 2023

What Are Motor Vehicle Crash Personal Injury Cases Worth in Maryland?

Jury Verdict Research published a new Maryland specific study on the median compensation awards for car, truck, and motorcycle accidents.

In cases that go to trial, the median recovery was $11,328. Only in 1% of the cases did the jury award more than $500,000. The plaintiffs prevailed and received a recovery in 74% of the motor vehicle accident cases that went to trial in Maryland. I suspect a lot of that 26% were just awful cases that never should have been filed.

The median recovery was $11,277, $51 dollars less than the latest study. (As of 2018, the amount of verdicts has been relatively unchanged although I suspect they have trended a bit higher as the cost of healthcare has increased)

March 7, 2023

Average Knee Injury Compensation Payout

by Ronald V. Miller, Jr.

Our lawyers handle knee injury accident lawsuits in Maryland. This page is about how to project settlement amounts and jury payouts in knee injury lawsuits in Maryland and around the country.

Knee injuries make up probably 10% of our law firm’s car accident caseload. This is consistent with studies that show how often knee injuries occur in car accidents.

What is the settlement value of a knee injury case? Below we discuss the average and median settlement amounts of these knee injury claims. We also list more statistics, relevant medical literature, and the importance of expert testimony.

June 28, 2022

Paragard Class Action Lawsuit

by Ronald V. Miller, Jr.

Our lawyers are bringing Paragard lawsuits in all 50 states.

The Paragard IUD is an intrauterine contraceptive device made by Teva Pharmaceuticals. It was discovered that a design defect in the Paragard was causing the IUD device to fracture during removal, leaving shattered pieces floating around inside the uterus. Our Paragard lawyers are handling only injury during IUD removal claims.

Over one thousand women who have been harmed by this defect are filing Paragard lawsuits. A Paragard class action lawsuit has been formed.

April 13, 2022

Zantac Cancer Lawsuit Lawyers

by Ronald V. Miller, Jr.

Our lawyers are investigating Zantac lawsuits in all 50 states.

The evidence is clear to our attorneys that Zantac is causing many types of cancer. This page is about these suits and my prediction on the future of this litigation and what settlement amounts might look like for victims. I am providing regular Zantac lawsuit updates in this space. The last update was on February 24, 2022.

How Zantac Lawsuit Will Proceed

February 22, 2022

CPAP Recall Class Action Lawsuit

by Ronald V. Miller, Jr.

Our CPAP lawyers are handling Philips Dreamstation CPAP recall lawsuits in all 50 states. This page is about the

CPAP sleep apnea lawsuit
status of the MDL class action as of April 2022

October 25, 2021

Baby Formula NEC Lawsuits

by Ronald V. Miller, Jr.

Our lawyers are currently handling infant formula NEC lawsuits for parents with premature babies that developed NEC and suffered adverse health consequences after being fed with Similac or Enfamil in all 50 states. The companies that made these formulas were aware of the risks of NEC in preemies but made no effort to warn consumers about this risk on their product packaging.

Infant formulas made from cow’s milk, such as Similac and Enfamil, are potentially hazardous for premature infants because they can significantly increase the risk of a dangerous neonatal condition called necrotizing enterocolitis (NEC). NEC baby formula lawsuits are now being filed against the manufacturers of Similac and Enfamil because they knew knowingly failed to warn about this risk on their product packaging.

If your premature baby developed NEC after being given Enfamil or Similac formula, you may qualify to bring a product liability lawsuit against the formula companies and get financial compensation. Call 800-553-8082 for a free consultation.

June 7, 2020

How Much Money Should I Ask for My Car Accident Settlement?

by Ronald V. Miller, Jr.

The question of how much money to ask for a car accident settlement hinges on

Are you an experienced car accident lawyer?
Are you willing to file suit if you get less than a great offer?

September 30, 2019

Maryland Cerebral Palsy Lawsuits

by Ronald V. Miller, Jr.

My firm handles birth injury malpractice cases. We have cases all over the country. Cerebral palsy is one of the most serious types of injuries we see in these cases. If you are a birth injury lawyer and you do not get emotionally invested in cerebral palsy cases, you do not have a pulse. Even defense lawyers who would shoot a puppy to get some minuscule evidentiary advantage at trial, usually have great empathy for the child and the family even if we disagree about why the injury occurred.

Cerebral palsy is a permanent physical and often cognitive disability in which the brain cannot control parts of the body. Cerebral palsy is not a disease. It is a static injury to the brain that occurs during childbirth or pregnancy. It is a non-progressive motor impairment that does not get better or worse over time. (Although some children who are diagnosed with cerebral palsy have seen that diagnosis change before age 5.)

This injury to the brain that results in cerebral palsy is because of negligent care in the delivery room cerebral palsy gives rise to a large volume of birth injury malpractice lawsuits which can generate very large verdicts and settlements.

August 5, 2019

Disc Injuries | How Much Money for a Settlement?

by Ronald V. Miller, Jr.

How much is the average disc injury case worth? What kind of payout can you expect?

I can’t answer the second question. Each case is different. But the average disc injury verdict is $340,328, which includes the 7% of disc injury cases where the award exceeded $1 million.

These awards vary wildly. The biggest variable? Many disc injury cases are complicated by either a preexisting injury or because of degenerative disc disease. (Defense lawyers blame spondylosis for just about everything, even if the plaintiff had never had so much as a backache prior to the accident.)

As I explain more fully here, this gets factored into the calculation of cash value. But each case has to be evaluated on its own merits. We have earned literally millions of dollars in verdicts and settlements in herniated disc injury cases where the client had some preexisting injury, either with radiological findings that suggest a previous injury or actual symptoms that the patient had before the crash.

Too often, plaintiffs’ lawyers allow defense lawyers to frame the issue this way. Oh, the injury was already there. That is not what matters. What matters is the patient’s level of pain and suffering now and what would it have been if this collision had never occurred. How you explain these cases to a jury really matters.

The one thing unclear is how the study determined whether the disc injury was a preexisting injury. The victim’s treating doctor and the insurance company’s doctor frequently disagree on this point, particularly when the patient is over 40 years old. There are some defense doctors who remain convinced that every injury you get after high school has to be an exacerbation of a preexisting injury.

Value of Bulging/Protruding Disc Settlements Is Lower

The difference in the values between bulging/protruding disc versus a herniated or ruptured disc was rather pronounced. For bulging/protruding discs, the average jury award was $140,311 ($31,000 median). The average jury award for herniated or ruptured discs was $413,917 ($60,000 median).

Degenerative Disc Disease Settlement Values Are Also Lower

For degenerative disc disease injury, the average jury award is $51,678 ($11,482 median). For aggravation of preexisting disc injuries, the average award is $152,932 ($29,379 median). Obviously, you can drive a Mack truck through the differences in the value of disc cases on this single issue.

Maryland Disc Injury Verdicts and Settlements

Below are some settlements and verdicts in disc injury cases that give you some idea of how these cases play out at trial and what type of payouts others have received.

YEAR / STATE

CASE / INJURY SUMMARY

RESULT

2021 – Charles County

A 60-something man drove along Crain Highway in Waldorf. He collided with a driver that attempted to enter a strip mall parking lot. The man suffered lumbar and thoracic sprains. He underwent over two years of chiropractic therapy. The man alleged that the at-fault driver’s negligence caused his injuries. He claimed he failed to maintain a proper lookout. A Charles County jury awarded the man $300,000.

$300,000 – Verdict

2021 – Prince George’s

A 45-year-old man was rear-ended at a Fort Washington intersection. He suffered cervical and thoracic sprains. The man underwent physical therapy. He experienced permanent upper back and neck sprains. The man alleged negligence against the at-fault driver. He claimed he recklessly operated his vehicle and failed to timely brake. A Prince George’s County jury awarded $253,000.

$253,000 – Verdict

2020 – Baltimore City

A woman was T-boned. She suffered a C5-6 bulge, C6-7 degeneration, a concussion, spinal strains, bilateral sacroiliitis, blunt abdominal trauma, and chest pain. The woman alleged negligence against the at-fault driver. She claimed she failed to yield the right-of-way and ran a stop sign. The Baltimore City jury awarded $57,458.

$57,458 – Verdict

2020 – Prince George’s

A man was sideswiped. He suffered a traumatic brain injury, facial burns and abrasions, an L5-S1 bulge, lumbar radiculopathy, a C3-4 herniation, a torn rotator cuff, head laceration, left eye irritation, and left foot paresthesia. The man developed post-traumatic headaches, post-concussion syndrome, cognitive issues, chronic dizziness, subacromial impingement syndrome, left bicipital tendinitis, and post-traumatic stress disorder. He alleged negligence against the at-fault driver. The man claimed he negligently changed lanes and yield the right-of-way. A Prince George’s County jury awarded $562,797.

$562,797 – Verdict

2020 – Prince George’s

A 25-year-old woman and her two-year-old son were sideswiped. The impact pushed their vehicle off-road and caused it to overturn. The woman suffered cervical and lumbar sprains and strains. She underwent physical therapy for twelve weeks. The woman’s injuries resolved. Her son suffered facial lacerations. He received sutures. The boy underwent no additional treatments. The woman alleged negligence against the at-fault driver. She claimed he negligently changed lanes and failed to maintain an appropriate lookout. This case settled for $25,4000.

$25,400 – Settlement

2019 – Anne Arundel

A man was rear-ended at an intersection. He suffered a cervical disc herniation that was treated with surgery. The man alleged that the at-fault driver’s failure to slow down caused his injuries. He also made a claim against his insurer, Garrison, for refusing to pay his benefits. Both the at-fault driver and Garrison disputed the man’s allegations. An Anne Arundel County jury awarded a $236,254 verdict.

$236,254 – Verdict

2019 – Baltimore County

A woman was rear-ended by an impaired driver. She suffered C4-5 and L5-S1 annular tears and a partial thickness left rotator cuff tear. The woman also experienced tears to her degenerated glenoid labrum. She underwent rehabilitative and pain management therapies. The woman alleged that the at-fault driver’s negligence caused her injuries. She claimed he negligently drove while intoxicated and failed to timely brake. The woman also made a UIM claim against her insurer, Allstate, for refusing to pay her benefits. The defense admitted liability but contested the claimed injuries. A Baltimore County jury awarded an $89,762 verdict.

$89,762 – Verdict

2019 – Baltimore County

A man was rear-ended in a chain-reaction collision. He suffered L3-L5 protrusions. The man also suffered head and neck injuries. He alleged that the at-fault driver’s negligence caused her injuries. The man claimed he failed to slow down and properly control his vehicle. A Baltimore County jury awarded him a $103,838 verdict.

$103,838 – Verdict

2019 – Baltimore County

A woman was a passenger in a rear-end collision. She suffered an L5-S1 herniation, a lumbar strain, and traumatic left hip and knee injuries. The woman underwent physical therapy. She alleged that the at-fault driver’s failure to timely brake his vehicle caused her injuries. The defense disputed the injury claims. They argued that the woman received excessive treatment for non-permanent injuries. A Baltimore County jury awarded $306,338.

$306,338 – Verdict

2018 – Baltimore City

A man was rear-ended at a red light by an underinsured driver. He suffered a T7-8 disc bulge and undisclosed head, body, and limb injuries. The man alleged that the at-fault driver’s failure to timely brake caused the collision and his injuries. He also made a breach of contract claim against his insurer, Allstate, for failing to pay his benefits. The Baltimore City jury awarded the man $101,416.

$101,416 – Verdict

Getting a Lawyer for Your Case

If you live in Maryland and would like my help in navigating your disc injury case towards the best outcome, call me and let’s see if I can help you. You can reach me at 800-553-8082 or you can get an online consultation here. If I am not available, you can ask for any trial lawyer here. Between all of us, we have handled over 1,000 cases involving a herniated disc claim. We know these cases frontwards and backward. Continue reading

July 14, 2019

Settlement Value of Herniated Disc Claims

by Ronald V. Miller, Jr.

Click to enlarge

The first case I tried for Miller & Zois 18 years ago was a herniated disc injury. I remember it like it was yesterday. It was a car/light truck crash. We got a $300,000 verdict in a case with a $15,000 settlement offer. The defense lawyer thought it was a nuisance case because there was no visible property damage. The jury set him straight.

Since then, our lawyers have handled hundreds of slipped disc injury accident claims for victims. If another plaintiffs’ law firm has handled more herniated disc injury lawsuits in Maryland, I’d like to know who that is. Our lawyers have spent a lot of time fine-tuning the science and the arguments to make at trial in these spinal injury cases.

I have always been particularly interested in verdict statistics in disc injury claims. Yesterday, I found some interesting data that looks at the median value of herniated disc injury claims based on the type of vehicle crash. The data provides two things: the median result and a probability range of verdict.

Of the two, I think the most interesting is the probability range. In this Jury Verdict Research Study, the probability range is defined as the middle 50 percent of all awards arranged in ascending order in a sampling, 25% above and 25% below the median. In other words, it provides the 25th percentile and the 75th percentile of verdicts. I believe that for plaintiffs with a good law firm who knows how to prepare and try a disc injury lawsuit, I think the 75th percentile is probably the median.

Anyway, these are the numbers:

The first thing that really stands out is the gap in the range, which is particularly pronounced as you might expect in truck accident crashes. I’m also surprised at how relatively low the statistics are for intersection accidents.

They are all motor vehicle accidents. What surprises me is how much more the value of herniated disc injuries explodes when taken outside of the motor tort context. Look at these payouts by type of tort claim: