November 2008 Archives

Product Liability Cases

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Medtronic, Inc. recently suspended worldwide sales of one of their products-Sprint Fidelis defibrillation lead because of increased risk of lead fractures. Supposedly, they knew of defects in the producr prior to the recall.They had been selling this product since 2004. The fracture in the lead apparently can cause shock to the patient or cause the defibrillator not to operate whatsoever. The Medtronic Sprint Fidelis lead is also used by manufaturers other than Medtronic. The model numbers for the defective leads are 6930, 6931, 6948, & 6949. Medtronics has acknowledged that approximately 5,000 people will experience lead fracture with 30 months of the implkant procedure. Thousands of consumers are at risk for failure of the product. The options are to leave the implant in the body or have high risk replacement surgery. The FDA has not recommended the removal by surgery because of the hig risk. Younger patients appear to be even at a greater risk. This is yet another in a long line of products that have been shown to increase risk to patients including Vioxx, Fen-Phen, Rezulin, Phenylpropanolmine, Propulsid, Ephedra, Baycol, Breast Implants and tainted blood. If you have any questions regarding these products please consult with us as we have co-counsel arrangements with large firms who are actively involved in products liability cases nationwide.
In an effort to increase safety and awareness on serious auto accidents we have recently updated our auto accidents page. If you have been hurt or injured in an auto accident due to someone else's negligence you may have many questions and concerns. Our web site is available to help you and answer your questions. The information provided on our web site and blog is from our Maryland auto accident lawyers. Our firm works hard to protect your rights and keep you informed on important information.  

 
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In the upcoming weeks we'll go over more information on auto accidents and how to keep your family safe and protected. We will cover such topics as :
 
Are you properly insured?  
Maryland law requires all drivers to be properly insured. However what if someone is illegally driving then hits you? Do you have enough insurance coverage to protect yourself?  
 
Contributory Negligence
What is contributory negligence and how does it affect you? Maryland's laws are different than most states. This controversial law can put a lot of innocent people at risk of losing their claims.

Automobile accident fatalities continue to be reported in high numbers across the country. According to the National Highway Traffic Safety Administration, there are about 43,000 people killed in fatal car accidents each year in the United States. About 40% of these fatal crashes are alcohol related.
 
According to the National Highway Traffic Safety Administration report, Maryland was one of 32 states that had a decrease in drunk driving fatalities. Drunk driving deaths in Maryland declined by 10, or a 5.3% decrease. Sadly, still almost 13,000 people were killed in car, truck, and motorcycle accidents where a Blood Alcohol Concentration of .08 or higher was recorded. More troubling is the report that there is a 7.5% increase in the number of motorcycle drivers killed in accidents where alcohol is involved. Many states did not follow this downward trend as drunk driving fatalities increased in Washington D.C., Virginia, and several other states. Motor vehicle crashes are the leading cause of death for people ages 1-33 and those who are most affected are in the age ranges of 15-24 and over 75 years of age.
 
These decreases are due in part to stricter enforcement and changing public attitudes about drinking and driving. Sobriety checkpoints and public awareness should both be increased and continued to ensure that these numbers do not increase. Learn more about auto accidents and Maryland law on our website.

Our law firm keeps a close eye on Maryland's traffic laws. That's our job. As accident lawyers we deal with all types of traffic accident cases on a daily basis. In the past few years, if you have been following closely, you may be aware that some Maryland prosecutors are working to change the law. Right now, if you are a hit by a negligent driver you may be surprised to know that the at fault driver may only get a payable fine. That's right, even if the negligent driver caused a wrongful death as the result of the accident, they may only be cited for a traffic violation - not vehicular manslaughter. Prosecutors are currently working to change this law and require a vehicular manslaughter charge. Currently Maryland's vehicular manslaughter charges have three levels; starting with a three year, five year and up to a ten year sentence. The ten year sentence is typically used when the driver is considered extremely negligent and/or under the influence of drugs or alcohol. However, when attempting to charge a 10 year sentence for vehicular manslaughter being under the influence is typically not enough.  In  Maryland, the judge may want to see five factors that contributed to the accident. Such other factors would include excessive speed, the nature of injuries, and other factors. Maryland's prosecutors have been trying to get the law changed to be closer to Virginia's laws. Virginia has an additional type of vehicular manslaughter - negligent manslaughter. Maryland's prosecutors are pushing for a maximum of 25 years for vehicular manslaughter and if they can get the new legislation passed - some would like to see a maximum of 10 years for negligent manslaughter. What do you think? Are Maryland's current laws fair? If someone causes a death albeit negligently, is ten years a fair amount of time? While you think about that you should know that in Maryland vehicular manslaughter is not considered a violent crime.  Therefore, the defendant may only have to serve 25% of whatever sentenced is passed by the court. With good behavior and a clean record the defendant may only serve two and a half years in prison out of a 10 year sentence for causing a death.  

Auto Accidents & Maryland Law

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We read it in the news all to often, 'fatality in an auto accident'. Just this week there was a fatal auto accident in Frederick Maryland. Less than an hour from our law office. In this case the driver was just 25 years old. The driver was not found to be under the influence of alcohol or drugs. The exact cause of the accident is unknown. The very same day a 17 old young teenage girl was killed in a St. Mary's County car accident. Speed was believed to be a factor in the accident that caused the death of the young child. Two auto accidents in a single day, both causing deaths. What can be done about to help prevent these serious accidents from ever taking place? Our law firm believes that increasing awareness of serious safety issues can help prevent them from ever happening.

Our law firm handles auto accident cases and other serious injury cases. We represent victims and their families to help them get back on their feet. If you or someone you care about has been injured due to someone else's negligence contact our law firm for a free consultation. In the upcoming weeks our law firm will post helpful information on how you can help protect you and your family on Maryland's roads.

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