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.


Medical Negligence


Stephen Wedge v. Maryland Treatment Centers, Inc. Circuit Court for Baltimore City No. 98187125/CC5746


Facts: At the time of the incident, Plain- tiff was a 28-year-old African American male. He voluntarily admitted himself to the Defendant’s facility for substance abuse rehabilitation. While at the facil- ity, Plaintiff was attacked by a fellow resident with a razor blade, and received a laceration of 15 cm. on his neck. Plain- tiff was hospitalized overnight, received plastic surgery, and had some residual scar- ring.


Allegations of Liability: Plaintiff claimed that the Defendant did not follow its pro- cedures for distribution, monitoring and control of razor blades.


Injuries / Damages: 15 cm. neck lacera- tion, plastic surgery, residual scarring. Total medical expenses: $5,681.91.


Plaintiff ’s Witnesses: Reza Shayesteh, M.D. Bethesda, MD (treating physician)


Verdict/Settlement: Jury returned a ver- dict after a two day trial in the amount of $105,681.91. Defendant filed a Motion for Judgment Notwithstanding the Ver- dict, which has been denied. Defendant has filed an appeal.


Insurance Company: PHICO


Special Remarks: Defendant made no offer to settle before trial. Defendant filed a motion for summary judgment con- tending assumption of risk, which was granted by the Circuit Court. Plaintiff appealed, and the Court of Special Ap- peals reversed, remanding the matter for trial.


Plaintiff’s Counsel: David F. Albright, Jr. (MTLA Member) Horn & Bennett, P.A., Baltimore, MD.


Fall 2001


Defense Counsel: Mark A. DiAntonio, Baxter, Baker, Sidle & Conn, P.A.


________


Skye Allen, minor, by her parents and next friends, Laurie and Jason Allen, and Laurie and Jason Allen, individually, v. United States of America United States District Court for the Northern District of West Virginia No. 3:00-CV-42


Facts: Laurie Allen received her prenatal care from the nurse-midwives at Shenandoah Maternity Center in Martinsburg, West Virginia. On Decem- ber 29, 1996, Ms. Allen presented to City Hospital in Martinsburg at 35 and 1/2 weeks gestation, with premature rupture of membranes.


At 7:10 am on December 30, Ms. Allen was completely dilated, with her fetus descended to zero station. By about 9:15 am, the fetus had not descended be- low zero station. At that time, the nurse-midwife consulted the obstetrician on call at the hospital, explaining that Ms. Allen had not been pushing well between 7:00 and 8:00 am, and that it was her in- tention to coach Ms. Allen aggressively with her pushing. Thereafter, the nurse-midwife coached Ms. Allen with her pushing. Despite these interventions, however, at 10:15 am the fetus still had not moved from zero sta- tion, and the fetal heart rate monitor began to show signs of fetal tachycardia. At 10:29 am, as the fetal head was de-


(Continued on page 34) ECONOMIC ANALYSIS Lost Income Determination for:


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