Since the Supreme Court’s disaster in Riegel v. Medtronic, I have been hoping and expecting Congress would step in to fix the Supreme Court’s ruling, because it was clear from the amicus briefs submitted in Riegel, from history, and from common sense, that Congress did not intend to prevent medical…
Maryland Injury Law Center
Picking a Jury in Maryland
Voir Dire in Maryland is often a hard experience for injury lawyers on both sides of the aisle because Maryland arguably has the most truncated voir dire process in the country. I’ve tried a lot of cases where both lawyers could glean just a few relevant things from the jurors,…
Medical Malpractice Damage Caps: What Impact Do They Have?
The University of Chicago Journal of Legal Studies published an interesting article on medical malpractice tort reform. Current Research on Medical Malpractice Liability: Medical Malpractice Reform and Physicians in High-Risk Specialties, 36 J. Legal Stud. 121 (2007). The article supports the plaintiff’s view of medical malpractice tort reform… with a…
Challenge to Maryland’s Cap on Non-Economic Damages
The Maryland Daily Record reports today that The Law Offices of Peter G. Angelos intends to file an appeal in a Baltimore City medical malpractice case in which the Plaintiff’s $10.2 million jury verdict against University of Maryland Medical Center was capped at $632,500.00 because that is the limit on…
Average Verdict Value In Head-on Collisions
Jury Verdict Research provides median award data and verdict probabilities in head-on auto, truck and motorcycle accident cases nationally. Plaintiffs prevail and recover damages in 64% of these cases. The median award in these head-on collision personal injury cases is only $31,875.00. This number reflects the fact that 24% of…
False Imprisonment Cases: Median Verdicts and Settlements
The latest edition of Metro Verdicts Monthly provides numbers on false arrest/imprisonment cases. The median legal false arrest/imprisonment verdict or settlement in Washington D.C. was $25,000.00. Virginia and Maryland have slightly higher median settlements/verdicts of $26,000.00 and $29,000.00, respectively. I’m surprised the median verdict/settlement is this high because I would…
Forum Non Conveniens Opinion in Randallstown High School Shootings Case
The Maryland Court of Special Appeals ruled yesterday in Peyton-Henderson v. Evans that Baltimore City Circuit Court Judge George L. Russell, III did not err in transferring a lawsuit from Baltimore City to Baltimore County because of the May 2004 shooting at Randallstown High School. The ruling covers no new…
Are High Low Agreements Admissible in Medical Malpractice Cases: Connecticut’s View
I read over the weekend an interesting decision from the Connecticut Supreme Court that came out last week. The case, Monti v. Wenkert, is an awful medical malpractice case involving a seventeen-year-old girl who presented with significant but subjective symptomology that her GP, physician’s assistant, and the hospital’s emergency room…
Doctor Files Medical Malpractice Lawsuit
I wrote recently about what I thought was the primary fuel to the tort reform engine: people do not expect to be the victims of an accident that results from the negligence of someone else, and they do not expect to be victims of malpractice. Statistically, they are right. The…
Personal Injury Settlement Finance Loans
I saw today an interesting blog post by a Massachusetts law firm advocating that Massachusetts ban finance companies that offer loans to people using their personal injury cases as collateral. The post (and comment on the post) argues that by making the loans non-recourse loans contingent on the settlement, these…