Plaintiff’s Counsel: David F. Albright, Jr. (MTLA Members) Bennett & Albright, Baltimore, MD
________
John Doe v. Unidentified Doctor no. 1, Unidentified Doctor no. 2 and Unidentified Medical Group Circuit Court of Maryland
Facts: Plaintiff involved in automobile accident in April, 1995. Thereafter, op- erated on by doctor no. 1 on lumbar area on 9/25/97, 12/17/97, 1/28/98, 9/28/98 and 4/21/99. Alleged that surgery not warranted plus overmedicated the nar- cotic drugs causing Plaintiff to become addicted.
Allegations of Liability: Plaintiff alleged that because of residuals from surgery has permanently disabled from work.
Verdict/Settlement: Settled after media- tion for $750,000 and confidentiality agreement.
Special Remarks: Claim also filed against the other driver and settled prior to suit for policy limit of $100,000 and claim
filed against first attorney who handled case and settled for $100,000. Legal ques- tion of effect prior settlements on ultimate exposure of defendants in malpractice action.
Plaintiff ’s Counsel: Kevin J. McCarthy, McCarthy & Costello (MTLA Member) Lanham, MD; John Adams, Adams Law Firm (MTLA Member) Waldorf, MD
________ Jane Roe v. John Doe, M.D.
Facts: Jane Roe, a 56-year-old widow, saw her physician, John Doe, M.D., in Octo- ber of 1997, with a painful and swollen left foot. Dr. Doe took an x-ray and di- agnosed a healing fracture secondary to trauma. Ms. Roe saw Dr. Doe again in October and in February of 1998 with symptoms of swelling and numbness and nodular involvement. In March of 1999, Dr. Doe finally diagnosed a large tumor in her left forefoot and referred her to a surgeon, who diagnosed a sarcoma of the left foot.
Allegations of Liability: As a result of the delay in diagnosis and treatment, Ms.
Roe underwent numerous treatments in- cluding amputation of her leg, lung surgery to remove metastatic tumors, and chemotherapy. She has metastasized and faces the probability of death as a result of the delay in diagnosis.
Injuries/Damages: Past medical bills and lost wages of $82,072, future care costs of $17,520 to $20,880, and lost future earnings capacity of $177,860 (with a ten year life expectancy). Jane Roe’s noneco- nomic damages were capped at $560,000.
Plaintiff ’s Expert(s): Lawrence Block (Podiatrist); Frank Frassica (Orthopedic)
Verdict/Settlement: Settlement for cash payment of $800,000.00 two months prior to trial.
Special Remarks: Because of Jane Roe’s grim prognosis, the potential wrongful death claims of her three adult children were included in the settlement negotia- tions. The settlement and release included a release of those wrongful death claims, even though they not yet accrued.
(Continued on page 54)
Summer 2002
Trial Reporter
53
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