Recent Verdicts & Settlements Edited by Mitchell A. Greenberg
Mitchell A. Greenberg, of the Greenberg Law Office in Baltimore, received his J.D. from the University of Baltimore School of Law. He is a member of MTLA’s Board of Governors and serves as Vice-Chair of MTLA’s Trial Reporter Committee. Mr. Greenberg is a member of MTLA’s Membership Committee and serves as MTLA’s delegate to the Task Force for the Rehabilitation of Injured Workers. He is a member of the Maryland State, Baltimore City, and American Bar Associations and also a member of ATLA. His practice concentrates in workers’ compensation, criminal defense, and serious personal injury.
Employment Law
Kathleen Gallagher Weichbrod and v. Fa- ther Paul A. Morel and the Roman Catholic Archdiocese of Washington, D.C. and St. Bernadette
Facts: Plaintiff Kathleen Weichbrod was sexually abused by her priest who was also her employer.␣ She was a parishioner at St. Bernadette’s Church and an em- ployee at St. Bernadette’s School.␣ Father Morel had exhibited previous behavioral and emotional problems.␣ She was forced to resign from her job.
Allegations of Liability: Defendant Arch- diocese of Washington, D.C. had a duty to plaintiffs and all parishioners and em- ployees to take care in hiring and retaining priests and to supervise them so that they would not endanger their parishioners and employees especially due to the esteemed and powerful positions they hold. This priest had exhibited and was treated for problems that could endanger parishio- ners/employees and was subsequently placed as associate pastor of a parish whose pastor was seriously ill and shortly there- after passed away. The associate pastor was in charge and chose to abuse his power.
Injuries and Damages: Plaintiff sustained severe emotional distress and loss of her employment.␣ Plaintiff ’s husband sus- tained severe emotional distress.
Plaintiff’ Experts: Merle Cantor Goldberg, LCSW (Licensed Clinical So- cial Worker) Silver Spring, MD; Jerome M. Staller, Ph.D. (Economist) Philadel- phia, PA; Lee H. Haller, M.D. (Psychiatrist) Potomac, MD; Lee R. Mintz, (Vocational Rehab) Baltimore, MD; James W. Voell, M.D. (Psychiatrist) Silver Spring, MD
Verdict/Settlement: Confidentiality clause permits acknowledgment that the
Summer 2001 Trial Reporter 39
matter has been resolved but precludes reference to any agreement or any pay- ment.
Special Remarks: The faculties of the priest have been removed and the sexual harassment policies of the Archdiocese of Washington, D.C. have been reviewed.
Plaintiff ’s Counsel: Steven Van Grack (MTLA Member), Van Grack, Axelson & Williamowsky, P.C.,␣ Rockville, MD
Defense Counsel: Kevin T. Baine, Will- iams and Connelly, Washington, D.C.
Medical Negligence Anonymous v. Anonymous
Facts: Plaintiff, a diabetic, was scheduled for a cesarean section at 37 weeks because she was expected to deliver a macrosomic baby. All prenatal testing indicated a healthy, normal fetus, as did the fetal moni-
toring strips prior to delivery. When the mother went into the hospital for the de- livery, a standing order was written for a 2,000cc bolus of fluid prior to the epidural which was to be given for the C-Section. That order was not carried out and instead, the anesthesiologist changed the order to a 1,000cc bolus just prior to the delivery. Only a portion of that fluid was delivered before the mother was taken into the deliv- ery room. After the test dose for the epidural was given, the mother’s blood pres- sure dropped to 70/40.
The
anesthesiologist concluded that it was arti- fact, although he did not retake the blood pressure. Instead, he gave the epidural an- esthesia and within approximately 10 to 15 minutes, the mother experienced another hypotensive episode. The obstetrician had entered the room at approximately the same time as the mother became hypotensive. Standard measures were taken to relieve the hypotension including (1) physically push- ing the baby off the vena cava; (2) delivering
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