August 9, 2019

New Maryland Asbestos Appellate Decision

Last month, Maryland’s Court of Appeals upheld a $7 million verdict to the plaintiff in an asbestos case even though there was no direct evidence that the defendants had installed the asbestos products at issue. In Wallace & Gale Asbestos Settlement Trust v. Busch, a 6-1 majority held that direct evidence of exposure to a specific defendant’s asbestos products is unnecessary. Rather, a defendant’s liability for asbestos exposure can be based on circumstantial evidence and reasonable inferences.

Facts of the Case

The underlying facts are fairly typical of most asbestos cases these days. The plaintiff (70-years-old at the time of trial) worked for 30 years as an HVAC technician. He primarily installed thermostats, sensors, and temperature control systems. The plaintiff himself never directly worked with asbestos, but he was sometimes around other people who were using asbestos.

August 8, 2019

Saints Fan’s Lawsuit Over Referee’s Blown Call

by Ronald V. Miller, Jr.

This is a rare post that does not involve a personal injury case. I’m writing this case because it has a real impact on how people view the civil justice system which has a real impact on my clients.

The 2018 NFC Championship

Even a casual football fan remembers the controversy surrounding this year’s NFC championship game between the New Orleans Saints and the Los Angeles Rams. The Saints were on the verge of sealing a victory in the closing minutes when the referees fail to call a blatant pass interference penalty on the Rams. I was watching the game with my family rooting for the Rams and I still thought the call was ridiculous.

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 17, 2019

Viread HIV Drug Lawsuit

by Ronald V. Miller, Jr.

A lawsuit against Gilead Sciences, a prominent drug company known for its HIV medications, has been allowed to continue in federal court after the company filed a motion to dismiss the claims. Although the ruling dismissed some claims against the biopharma giant, it allowed all the core causes of action to continue deciding a decisive victory for the plaintiffs. There is still a long way to go but these cases may have legs that could take the plaintiffs to victories at trial and ultimately a global settlement for all the victims.

The legal allegations against Gilead involve the company’s groundbreaking prescription drugs used to treat HIV. In 2001, Gilead developed and released a first of its kind drug, tenofovir disoproxil fumarate (TDF) under the brand name Viread. TDF is a unique antiretroviral medicine that works by blocking an enzyme that HIV virus cells use to replicate and multiply. By preventing the virus cells from replicating, Viread and Gilead’s other TDF drugs stop HIV from growing and progressing into AIDS.

Gilead dominates, arguably with antitrust implications, HIV drugs known as antiretrovirals. In the U.S. today, over 80% of patients on HIV treatment take one or more of Gilead’s products every day.

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:

June 30, 2019

Should Your Settle or File Suit/Go to Trial?

by Ronald V. Miller, Jr.

There are a variety of motivations that impact the victim’s decision to settle or go to trial.

The victim’s decision. It is worth underscoring: it is the victim’s decision. It is not a choice for the attorneys or the family. The victim has to choose the path that is best for them.

There are certainly some Maryland injury attorneys who do not see it that way. It really is tempting — I’ve felt it — to think you know what is best for your client. I’ve settled cases where I was convinced the offer would double in a matter of weeks. But as a lawyer, your job really is to give your client the information to make an informed choice.

Here are the three key factors victims need to consider: risk, time, and emotional strain.

June 17, 2019

Five Things to Look for in Picking a Maryland Auto Accident Lawyer

by Ronald V. Miller, Jr.

Becoming the victim of an auto accident can have a profound effect on your life. Even though an accident can happen in the span of a few seconds, it can cause death or injuries and hardships that last months, years, or a lifetime. With that in mind, victims of auto accidents should seek an attorney to ensure that they are compensated for their injuries and/or losses. However, not every attorney is qualified to handle every case. Clients should ensure that they receive the representation that they deserve.

Here are five things to consider when hiring a Maryland car accident attorney:

History of Results

June 17, 2019

How to Break Up With a Personal Injury Client

by Ronald V. Miller, Jr.

Breaking up with a client is something all personal injury attorneys do on a fairly regular basis. A lot of cases look promising. But an investigation and review of the medical records can sometimes paint a very different picture. This is particularly true in medical malpractice cases where the medical records read differently from what the patient remembers or believes.

For the most part, lawyers are free, as the client is, to sever the attorney-client relationship. If you have already filed a lawsuit for the client, things are a bit more complicated because you will need to get court permission before withdrawing from the case. Before a case is actually filed, however, breaking up is a lot easier.

Maryland Ethical Rules

May 7, 2019

Five Reasons a Personal Injury Lawyer Won’t Take Your Case (and how to get one)

by Ronald V. Miller, Jr.

Why can’t you get a lawyer on the phone?

I picked up the phone yesterday from someone I knew did not have a personal injury case. He sent us an online intake weeks ago and was now cycling back to us. This means he has called almost every personal injury lawyer in Maryland but did not keep track of who he had contacted.

The reason he did not have a case was that he had a mass tort case in litigation that has long since ended AND he was past the statute of limitations. I spoke to the guy because he never got a personal injury lawyer on the phone to explain to why no one would take his case.

May 1, 2019

Gallagher v Mercy Medical: Court of Appeals Applies “One Satisfaction Rule”

by Ronald V. Miller, Jr.

Gallagher v Mercy Medical, a new malpractice case handed down this week by the Maryland Court of Appeals, is the most recent decision from our high court in which a plaintiff’s medical malpractice claims against Mercy Hospital were barred under the “one satisfaction” rule. This rule makes it tough to bring both an auto tort and a medical malpractice case related to the same accident. If you are handling car accident cases and there might be a malpractice element to it, you want to read this case (or at least this blog post). The law here his not intuitive because it leads to something the law should not — injustice.

In short, the malpractice claims against Mercy related to treatment for injuries the plaintiff sustained in an auto accident. The plaintiff had already sued the at-fault driver and received settlements from his insurer and a UIM settlement from her own insurance company.

The Court of Appeals held that the settlements from the auto tort action constituted “full satisfaction” for the plaintiff’s alleged injuries and, therefore, her subsequent malpractice claims for those injuries were barred by the one satisfaction rule.