Environmental Toxic Tort in Anne Arundel County, Maryland (Gambrills)

The Washington Post reported that Constellation Energy had dumped pollutants (Cadmium and Thallium) from its Glen Burnie Maryland plant in Anne Arundel County Maryland's Gambrills neighborhood for years causing metals to leach into the groundwater and leaving residents with an unsafe water supply. This is unacceptable and maddening. If this is true, not only does it pose a tremendous health risk to the residents of Gambrills Greenleaf, but it also has a negative impact on property values (who would buy a house knowing that the ground water may be contaminated?). It would be another example of a big corporation putting profitability over safety.

There is no mention of any attorney representing the residents of Gambrills, and I am concerned that because Constellation Enegery is saying all the right things and giving the residents free bottled water, that the residents will not take appropriate, necessary and timely action to preserve their rights. The residents need to unite and hire environmental engineers and other experts to conduct surveys and studies immeidatley. What if the pollutants are found to cause birth defects? What if residents develop cancer because of the pollutants? The law imposes deadlines on bringing legal claims (typically called the statute of limitations) and if the Greenleaf residents do not act promptly, they could lose certain rights.

It is probable that corporate executives, risk management folk, and insurance companies that may have exposure for this disaster met and came up with a public relations strategy that will minimize their exposure and responsibility for this disaster. They may have determined that if we give these residents free bottled water and offer to fix some of their wells, then perhaps the residents will sit on their rights and fail to hire counsel and/or appropriate experts.

The affected Anne Arundel County, Maryland and Fort Meade residents are inconvenienced by having to use bottled water and take shorther showers, but more importantly, they may be exposed to toxic chemicals and other pollutants that may cause cancer, birth defects, kidney disease and possibly other unknown health risks. They deserve to be compensated for any proven injuries, emotional distress, inconvenience, medical monitoring, and the lost values of their real estate.

Legal theories that could be used in a case against those responsible for the pollution of their ground water supply include causes of action for negligence, trespass, nuisance and possibly fraud.

The attorneys at Goldberg, Finnegan & Mester, LLC fight for the rights of citizens against insurance companies. Call (301) 589-2999 x102 for a free consultation.

Good Verdict in Prince George's County

Yesterday I was at a trial lawyer event in Columbia Maryland and I learned about a great jury trial verdict that one of my colleagues got in P.G. County, Maryland. His client was injured in a car accident that was the result of the negligence of a Prince George's County Police Officer. The injuries were not catastrophic, but were run of the mill injuries that occur in car accidents. The medical bills were less than $10,000.00. The PG County Attorney apparently refused to make a settlement offer in the case. My trial lawyer friend and the defense attorney stipulated to the medical records and bills coming into evidence without live expert testimony. This allowed the case to be presented to the jury in an economical way. I must say though, that I usually prefer to present live expert testimony in jury trials.

In any event, the jury returned with a verdict of $95,000.00! This is a great result for my colleague and his client; as it is much more than the presumed settlement value of the case would have been. It is a reminder that jury trials are risky for both sides, and anything can happen. At our firm we like to think that we know which cases should be brought to trial, and which cases should be settled. Of course if the defense attorney makes a "zero offer" --then the decision is easy---the case will go to trial! Ultimately though, the decsiion of whether to settle or go to trial is the clients to make because at trial, anything can happen.

Dangerous Toys-Lead Paint and Choking Hazards

Mattel recently issued at least three toy recalls relating to toys that have excessive amounts of lead paint on them and toys that are choking hazards. These recalls are done with the Consumer Product Safety Commission and the manufacturers of these toys. According to MSNBC about 9 million items have been recalled. The scary thing is that the toys recalled are some of the most popular toys out there. The dangerous toys that may be subject to the recall include: (i) Sesame Street toys including Elmo and Big Bird (ii) Barbie toys, (iii) Dora the Explorer Toys, (iv) Batman Toys, (v) Bongo Band Toys and (vi) Sarge Toys (there are many others as well).

I have a two year old and have noticed that many of these dangerous toys are lurking in my house. It is inexcusable that the U.S. toy industry allowed this to happen and have spewed these dangerous toys into the marketplace. The recalls, while better than nothing, will not prevent many children from being exposed to these dangerous products, and I fear that there will be catastrophic injuries and deaths as as result of this fiasco.

Lead paint is very toxic to children and it causes permanent brain damage, learning disabilities and neuropsychological injuries. It is important that if you believe your child has been exposed to lead paint that you get your child tested because the effects of exposure may not be immediately noticeable.

The hazard with other toys is that there are magnets in the toys that can become choking hazards. If a child were to somehow swallow two of the magnets, it can cause severe internal injuries including organ lacerations.

If your child has been injured or killed by a dangerous toy, the attorneys at our law firm may be able to help you. Also, if you belive that your child has been exposed to dangerous levels of lead paint, and if that exposure caused brain damage, we may be able to help as well. We will fight to hold those responsible for letting these dangerous prouducts get into the marketplace accountable. Call us toll free at 888-213-8140 for a free telephone consultation.

$68 Million Dollar Dividend Proves There is Not a Medical Malpractice Crisis In Maryland

Maryland's Insurance Commissioner, Ralph Tyler, recently issued an order blocking Medical Mutual Liability Insurance Society's plan to give its doctors a substantial rebate. Medical Mutual, which is the main liability insurance company that provides medical malpractice coverage to most Maryland medical doctors, recently declared a dividend of $68 Million Dollars. It is curious and disturbing that every year (even in 2006) the insurance lobby presents tort reform legislation to the Maryland Legislature that if passed, takes away the rights of victims of medical negligence and other accident victims. Yet at the same time, the insurance company has an extra $68 Million Dollars on hand to rebate to their insureds. Mr. Tyler is holding a hearing on October 5 to determine the portion of the $68 Million that should be returned to the State of Maryland since the State subsidizes medical malpractice premiums for doctors.

The attorneys at Goldberg, Finnegan & Mester, LLC fight hard on behalf of victims of medical negligence and families of children with cerebal palsey or brain damage to be sure that their right to their day in Court is preserved.

Maryland Car Accidents

If you have been in a Maryland car accident, there is good news and bad news. The good news is that if you are insured by a Maryland insurance policy, you probably have at least $2,500.00 in PIP coverage (aka "personal injury protection" coverage). This is no fault insurance, and it will cover your medical bills and/or a portion of your lost wages. The PIP money is collectable from your own insurance company and it is in addition to what you can collect from the other driver's insurance company if you are not at fault for the accident. Maryland car accident victims can often get paid twice for the medical bills and lost wages: once from their own PIP coverage and again from the at fault driver's insurance company.

The bad news is that Maryland is a pure contributory negligence state. That means that if you are found to be even one percent at fault, then you are completely barred from recovering from the other driver even if the other driver is 99% at fault.

The attorneys at Goldberg, Finnegan & Mester will help you maximize your financial recovery and will fight for you to get what you deserve. Call us at (301) 589-2999 x102 for a free telephone consultation.