the first Maryland case which a jury has returned a verdict affirming medical treat- ment necessitated by exposure to mold.
Plaintiff’s Counsel: Joel J. Shugarman (MTLA member) Shugarman & Mehring, Baltimore, MD
Defense Counsel: Kevin Soper, Esquire
Medical Negligence ABC, a minor, et al. v. XYZ, M.D. Circuit Court for XYZ County, Maryland
Facts: Minor plaintiff presented at age 5 days with jaundice, hypothermia, and bradycardia.
Laboratory data revealed
severe hyperbilirubinemia and electrolyte imbalance. Patient was put under bili- lights and administered i.v. fluids. On day 3 patient deteriorated and went into sei- zures.
Allegations of Liability: The standard of medical care required that patient be ad- mitted or transferred to a neonatal intensive care unit for an exchange trans- fusion, but attending HCP failed to order
a timely blood transfusion or transfer the patient to a neonatal unit. This failure exposed patient to an unacceptable risk of severe and permanent brain damage from hyperbilirubinemia and kernicterus.
Injuries/Damages: Patient has been di- agnosed with general athetosis and quadriparesis, as well as cognitive, motoric and emotional impairments. Economic damages, reduced to present value, were estimated to be in excess of $5 million.
Plaintiff ’s Expert(s): M. Jeffrey Maisels, M.D.,
B.Ch., (Pediatrician) Bloomfield Hills, MI; S. Marc Krenytzky, M.D. (Pe- diatrician) Boston, MA; Howard Bauchner, M.D.(Pediatrician) Boston, MA; Estelle Davis, Ph.D., (Vocational Assessment & Rehabilitation) Lanham, MD; Richard Gaskins (Economist) Frederick, MD
Verdict/Settlement: $2 million
Plaintiff ’s Counsel: Gerard E. Mitchell (MTLA member) Stein, Mitchell & Mezines, Washington, DC; Laurie Amell (MTLA member) Stein, Mitchell & Mezines, Washington, DC; Arthur
Schneider (MTLA member) Law Office of Arthur Schneider, Hagerstown, MD
________
Anonymous Plaintiffs v. Anonymous Defendant Hospital Circuit Court for Baltimore
Facts: The Plaintiff presented to the emer- gency room of a local hospital for treatment of seizures. He had a docu- mented history of seizure activity and had been seen previously at the same hospital for the same problem. The health care providers at the hospital failed to moni- tor the patient appropriately to prevent him from having a seizure and injuring himself.
Specifically, these health care
providers failed to provide the Plaintiff with appropriate, therapeutic doses of Dilantin, an anti-seizure medication. Additionally, the health care providers failed to adequately protect the Plaintiff from falling and injuring himself. As a result, the patient was left unattended on a gurney, no rails, no restraints, and no Dilantin medication. He then experi- enced a seizure and fell to the floor,
(Continued on page 48)
Summer 2002
Trial Reporter
47
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