Dr. Henry M. Learner, an instructor in Obstetrics and Gynecology at Harvard, writes an article in this month’s OBG Management called “Rebuff Those Malpractice Lawyers’ Traps and Tricks.” Dr. Learner is also the president of Shoulder Dystocia Litigation Consultants, a group that works with defense lawyers, medical malpractice insurance company…
Maryland Injury Law Center
Wrongful Death Verdicts for Minor Children: A Large Sex Based Difference in Verdicts
In wrongful death cases, the size of jury verdicts has always tilted in favor of men, which is why many argued that caps on non-economic damages are sexually discriminatory. In a recent study, Jury Verdict Research offers a different conclusion when comparing compensation in wrongful death claims between minor females…
Cancer Misdiagnosis Cases in Maryland: New Malpractice Opinion from Maryland’s High Court
In January, I wrote about Marcantonio v. Moen, an Anne Arundel County medical malpractice lawsuit that the trial court dismissed on summary judgment. The malpractice lawsuit alleges wrongful death as the result of an OB/GYN’s misinterpreting a sonogram and failing to order sufficient tests to follow up on the woman’s…
Exact Numbers in Personal Injury Cases
David Davis, a Massachusetts based jury consultant, offers five thoughts in The Jury Expert (link since removed) on the psychology of how jurors process requests for damage awards I think interests accident and malpractice lawyers. I found of particular interest his theory that consumers—and by implication, jurors—have a propensity to…
Colossus and Allstate
I received this email from a personal injury lawyer in Maryland this morning: I have an MIA complaint involving Allstate offered the number provided by Colossus and now, of course, refuses to produce any Colossus manuals, etc. Do you have some useful Colossus materials? I don’t. Maryland’s bad faith law…
Medical Malpractice in Maryland: Too Often, the Names Don’t Change
I read in the paper today that attorneys Dale Adkins, III and Emily C. Malarkey, both with Salisbury, Clements, Bekman, Marder & Adkins in Baltimore, filed a wrongful death medical malpractice case against an OB/GYN in Salisbury. We also have a case pending against the same doctor. [2013 Update: we…
Average Wrongful Death Verdicts for Females: Age Is More Than a Number
Interesting data from Jury Verdict Research on the median and average values of wrongful death cases where the decedent is female. The overall average compensatory award for wrongful death of an adult female over the last eight years in the United States is $2,990,032 ($1,102,976 is the median). Age is…
Plaintiffs’ Lawyer Are Committing Fraud and Defense Lawyers are Powerless to Stop It
The Mass Torts Blog, another defense lawyer blog brought to you by our friends at Dechert, posts on Labor Day about medical screening in mass tort cases. The allegations are basically that plaintiffs’ product liability lawyers are committing fraud when screening clients. Read the post for yourself and tell me…
‘We Can’t Compete with MAIF’ Complain Maryland Car Insurance Companies
The Baltimore Sun reports that car insurance companies in Maryland are resisting the Maryland Automobile Insurance Fund’s (MAIF’s) car insurance rate-lowering proposal because MAIF’s plan to lower rates puts the private sector at risk. After a hearing in Baltimore, Maryland Insurance Commissioner Ralph S. Tyler delayed ruling on some insurance…
University of Baltimore Law School
The Wall Street Journal published an article today on law schools gaming the system to improve their U.S. News and World Report rankings. It focuses in part on the rise of the University of Baltimore School of Law, which has risen dramatically under new dean Phillip Closius, including the U.S.…