Michael J. Winkelman, Esq.

• American Board of Trial Advocates
• Appellate Judicial Nominating Commission (2019-2023)
• Judicial Nominating Commission, District Thirteen (2008-2014)
• American Association for Justice
• Maryland Association for Justice
  • Board of Governors
  • Amicus Curiae Committee
• Maryland State Bar Association
  • Program Committee (Co-Chair/Chair – 2014-2020)
• Prince George’s County Bar Association
• Million Dollar Advocates Forum
• Superlawyers (2005-present)

Michael has tried hundreds of cases to verdict before judges and juries. Following is a representative list of cases he has litigated to conclusion.

Notable Verdicts

$5,815,000.00 for motor vehicle crash: Corporation and driver found jointly responsible for compensatory and punitive damages as driver was severely intoxicated and had a history of driving infractions.

$3,497,270.00 for gynecologic surgery malpractice: Medical malpractice action involving unnecessary and improper gynecologic surgery. The patient suffered a perforated colon as a result of the surgery and required numerous corrective procedures.

$2,982,885.03 for radiology malpractice: Interventional radiologist negligently performed a kyphoplasty on a fractured vertebra. Cement leaked into the epidural space, causing patient lifelong injuries which have confined her to a wheelchair.

$2,884,500.00 for wrongful death: Wrongful death action after a construction site accident took the life of a 44 year old male survived by a wife and two children. Matter was tried before a Judge, without a jury. The recovery was structured to provide lifetime benefits to the family.

$2,500,000.00 for vascular surgeon malpractice: Vascular surgeon and his medical practice found liable for medical malpractice, lack of informed consent and fraud for negligently performing unnecessary medical procedures, causing injury to the patient. Falsified medical records supported fraud verdict

$1,382,000.00 for improper surveillance: Utility company conducted surveillance on plaintiffs, lifelong employees of the utility company with over fifty years of service, including placement of tracking devices on their personal vehicles, without justification. The case involved complex issues of negligence, nuisance, intentional infliction of emotional distress and invasion of privacy.

$1,058,746.16 for insurance coverage: Underinsured motorist claim for woman with permanent back injury sustained as a result of a motor vehicle accident. Insurance company refused to settle within applicable policy limits.

Cryptocurrency scams: Represented elderly couple in an action against their bank and credit union for negligence and breach of Maryland’s Project SAFE (Stop Adult Financial Exploitation). Scammers coerced plaintiffs’ to wire their life savings through a series of transactions for purchase of cryptocurrency. Bank and credit union enabled the scam and did not take action to protect against knowingly fraudulent transactions. Case resolved before trial.

Internet service dispute: Intercom Systems Corporation was one of the first Internet Service Providers (ISP) in the State of Maryland. Suit was filed against Bell Atlantic for interfering with Intercom’s business in an effort to increase their own ISP product. Intercom alleged damages in excess of twenty million dollars ($20,000,000). The case involved novel and difficult issues due to the “newness” of the internet during the time at issue, valuation and technical issues regarding the delivery of internet services over ISDN and telephone lines. The matter settled before trial for a confidential sum.

Drowning/pool lawsuits: Represented a number of individuals, parents of children, and family members in variety of pool related matters, including commercial and residential negligence leading to death and manufacturing failures resulting in paralysis.

Sexual Assaults: Multiple matters of representation for victims of sexual assaults, including cases against commercial establishments including bar/nightclubs; housing apartments; hotels/motels, as well as cases against individuals, police officers and medical providers who sexually assaulted persons.

Consumer Class Action: Class action against Verizon (formerly known as Bell Atlantic) for excessive late fees in violation of Maryland law. A settlement of over $26,000,000 was achieved.

Corporate Class Action: Represented the City of Annapolis in several filed class action lawsuits alleging improper collection and expenditure of impact fees (school and transportation). The matters were litigated in the Circuit Court for Anne Arundel County, the United States District Court for Maryland and eventually in the Fourth Circuit. The matter was dismissed on motion and class certification was not granted.

Government Contracts: Represented corporation against competitor and former employees for alleged improper conduct in “stealing” a government contract (8A set aside). Matter was tried for two weeks, involved over 150 exhibits and involved complex issues related to computer forensics, government set aside contracts, business valuations and non-compete agreements.

Maritime Cases: Represented individuals in a variety of maritime matters including drowning and serious personal injury to a father and son struck by a barge while crabbing in the Chesapeake Bay; jet ski accident resulting in broken bones; barge crashing into a dock injuring workers and others.

Construction Accidents: Represented individuals in a variety of construction site matters, including improper crane operation resulting in life altering crush injuries; forklift negligence causing permanent leg injury and disfigurement; improper dump truck operation resulting in death; dock collapse resulting in bilateral shoulder surgeries; improper ventilation shaft installation and marking.

Premises Liability: Represented individuals in a variety of premises liability cases, including improper installation of metal pipes in commercial property which collapsed through a ceiling; failure to maintain sidewalk in private community; deck collapse at private home; failure to maintain stairs in apartment leading to fall and death; playground injuries.

Anesthesia errors: Multiple cases involve anesthesia errors, including aspiration resulting in death; esophageal perforation; improper management of anesthesia during surgery resulting in “locked in” syndrome; improper administration and management of medications resulting in death.

Child Health: Multiple cases involving serious, life altering medical injuries to children including failure to diagnose meningitis; improper airway management resulting in anoxic brain injury; medication errors; orthopedic failures; avulsion fractures

Labor and Delivery Numerous cases involving labor and delivery malpractice resulting in lifetime injuries to children and mothers.

Neurosurgery: Multiple cases of neurosurgery malpractice resulting in paraplegia and paralysis; spinal cord injuries; brain injuries and associated catastrophic impacts on patient life

Cardiology: Cases involving failure to diagnose myocardial infarction; cardiac infection; aortic aneurysm; failed cardiac surgery and related issues.

Endocrinology: Client suffered neath death complications secondary to improper management and administration of thyroid medications. A Cumberland jury awarded $908,750 for the pain, suffering and permanent scarring which resulted from the improper treatment.

Urology: Failure to perform urological surgery and failure to recognize complications resulting in extensive medical complications. Jury awarded $862,832.26 for injuries.

Laparoscopic: Multiple cases involving improperly performed gall bladder
Cholecystectomy removal and follow up treatment, including obstructed and transected ducts, retained clips and artifacts, and adjacent structure damage.

Surgical Errors: Surgical errors including perforations, improper anastmosis,

Cancer Diagnosis: Cancer failure to diagnose and delay in diagnosis cases of nearly every type of cancer. While these cases are exceptionally difficult due to Maryland law on this issue (which is intended to protect doctors/hospitals/insurance companies and not patients), we have successfully pursued a number of cases for patients and family members.

Radiology Matters: involving failure to correctly interpret various radiographs, including x-ray, CT, CTA, MRI, etc. leading to a variety of patient injuries.

Gynecology: Myriad cases involving surgical errors for hysterectomy, cyst removal and related gynecological problems, most notably transected ureter and related intraoperative injuries which went undiagnosed and untreated.

Vascular Treatment: Improper treatment of a variety of vascular issues, including surgery and management of veins and arteries in the legs.

Infections: Failure to diagnose and treat infections, including necrotizing fasciitis, Fournier’s Gangrene, MRSA and staph infections.

Emergency Medicine: Dozens of emergency medicine cases involving failure to diagnose disease processes, failure to order appropriate testing, failure to seek medical consultations, failure to transfer, and delays in treatment.

Hospital Failures: Hospital system failures are a significant problem in this country. We have handled many cases involving direct, and indirect, hospital system failures leading to injury and death to patients, including staffing failures; transport failures; credentialing failures; cleanliness/sterilization failures; and protocols failures.

Plastic Surgery: Various cases including plastic surgery errors.

Appendicitis: Failure to diagnose and treat appendicitis, resulting in verdict for patient to compensate her for her medical expenses and associated pain and suffering.

Represented family of young man killed by an off duty police officer with a known violent and psychological history who was kept on the police force with his service weapon despite government knowledge of this history and prior lawsuits.

Represented young man who was assaulted by a local government police offer with a known violent history. At trial, fellow officers testified against officer, who had a known violent history within the community. Verdict granted in favor of the injured party.

Represented 4 undocumented men who were brutally beaten in their home by multiple officers from several local police forces. Tazers and other weapons were improperly used on the men who were sleeping at the time of the attack. Injuries included life threatening internal injuries which required months of in patient hospital case. Settlement achieved after protracted federal litigation.

Represented several black men racially profiled by various police departments. All matters resolved through settlement prior to verdict.

Represented young woman who, along with her young child, were assaulted by police officers serving a warrant on the wrong address.

Represented underage woman who was sexually groomed and targeted by local police officer through texts and other communications.

Represented husband and wife whose dog was shot and killed by police officers serving process on the wrong address. Settlement achieved during litigation.

Represented man who was improperly assaulted, handcuffed and arrested in front of his wife, daughter and neighbors in a case of mistaken identity. Man spent more than a month in jail, despite police knowing he was the wrong party. Settlement achieved shortly before trial.

Represented mother of a young man who died of positional asphyxia after being placed on his stomach, hog tied and permitted to die in front of six police officers. The matter was witnessed by multiple community members, who testified against the officers. Settlement achieved after protracted litigation in state and federal courts.

Following is a list of representative appellate cases, with general appellate topic in parenthesis.

United States Court of Appeals for the 4th Circuit

Pecar v. St. Paul Fire and Marine Insurance Company, No. 02-1866 (2003) (Insurance contract and coverage issues after judgment)

Herron v. Mayor and City Council of Annapolis, No. 05-2120, 388 F.Supp.2d 565(2005)(class action certification for constitutional violations)

Chase v. Annapolis Police Department, et al., No. 08-6321 (2008) (res judicata)

Raplee v. United States, No. 14-1217 (2016); cert denied United States Supreme Court No. 16-1272(2017) (amicus curiae)(FTCA interpretation)

Lucas, et al. v. United States, No. 16-1539 (2017)(amicus curiae)(FTCA interpretation)

Reithoffer Shows, Inc. v. Janson, No. 21-2374 (2022)(sufficiency of evidence, Rule 50 issue preservation)

Maryland Supreme Court (previously Maryland Court of Appeals)

Landon v. Zorn, 389 Md. 206 (2005) (voir dire requirements)

GEICO v. Comer, 404 Md. 658 (2008) (permissible exclusions for uninsured/underinsured motorist coverage)

Prince George’s County Board of Education v. Marks-Sloan, 428 Md. 1 (2012) (tort immunity, co-employee liability and workers compensation exclusivity)

Williams v. Peninsula Regional Medical Center, et al., 436 Md. 327 (2013) (health care provider immunity for failing to involuntarily admit an individual)

Maryland Appellate Court (previously Maryland Court of Special Appeals)

Hyde, et ux. v. The Richards Group of Washington, et al., No. 1349, (1998) (corporate successor/shareholder liability)

Holman v. Chestnut Hill Association, No. 06996, September Term 1998 (premises liability notice)

Ousley v. Safeway, No. 1939, (1999)(premises liability notice and expert testimony requirements)

McCoy v. Hatmaker, et al., 134 Md. App. 693, cert. denied, 364 Md. 141 (2000) (public official immunity, the good Samaritan rule and expert testimony)

Rivas v. Oxon Hill Joint Venture, et al., 130 Md. App. 101, 744 A.2d 1076 (2000) (Fireman’s rule)

Landon v. Zorn – See Above Court of Appeals Appearances

Herron v. Mayor and City Council of Annapolis, No. 2352, (2005)(Motion to dismiss standard of review)

Steffan v. Johnson and Johnson, 171 Md. App. 745 (2006)(service of process on corporation)

Chesapeake Landing v. Parks , No. 01831, (2008), cert. denied, 412 Md. 690 (2010)(equitable claims secondary to a breach of contract action and contract interpretation)

Cawood v. PEPCO, No. 817, (2008), cert. denied, 427 Md. 63 (2012)(federal preemption and legal causation)

Chesapeake Landing Condominium v. Parks, 189 Md. App. 725 (2009)(contract interpretation)

Comer v. GEICO – See Above Court of Appeals Appearances

Sloan v. Board of Education – See Above Court of Appeals Appearances

Reeley v. Prince George’s County Public Schools, No. 2238, 2009(expert requirements in school injury claims)

Johnson v. Clark, et al., 199 Md. App. 305 (2011)(executive privilege)

401 N. Washington v. Montgomery County, No. 01615, 2012 (Issues of contract interpretation, government procurement and budgetary requirements.)

Williams v. Peninsula Regional Medical Center, et al. – See Above Court of Appeals Appearances

Clark v. Prince George’s County, 211 Md.App. 548, 65 A.3d 785 (2013), cert. denied, 434 Md. 312 (2013)(Civil rights appeal involving governmental immunity, scope of employment, prior bad acts and negligent hiring related claims)

Ayala v. Lee, 215 Md.App. 457, 81 A.3d 584 (2013)(admissibility of immigration status in tort cases)

Peirce, M.D. v. Fazenbaker, No. 01293, (2014)(Judicial notice and issue preservation)

Kolper, et al. v. Birrotecca Management, No. 00586, (2018)(sufficiency of evidence)

Billing v. Moulsdale, No. 3287, (2018), cert. denied, 471 Md. 278 (2020)(Waiver and abuse of discretion on motion for judgment)

Jefferson v. Wood, No. 0670, (2019)(Appropriate remedy for discovery violation)

Crouell v. Turner, et al., No. 59, (2019), cert. denied, 469 Md. 661 (2020) (Constitutionality of non-economic damages cap)

Shanefelter v. Hood, No. 1913, 2021 (Application of insurance cap under Estates and Trusts Article)

Newton v. Haleema Javid, M.D., No. 2218, (2023)(Daubert application to expert)

Amicus Curiae

Powell v. Breslin I, 421 Md. 266, 26 A.3d 878 (2011)(Application of certificate requirements in malpractice action)

Goss v. Jennings, 207 Md. App. 151, 51 A.3d 761 (2012)(Application of separate caps to survival and wrongful death actions)

Warr v. JMGM Group, LLC, 433 Md. 170 (2013)(dram shop liability)

Powell v. Breslin II, 430 Md. 52, 59 A.3d 531 (2013)(Preclusive effect of “improper” prior court ruling)

Exxon Mobil v. Ford, et al., 433 Md. 426, 71 A.3d 105 (2013)(Jury trial rights and admissions of counsel during trial)

Warr v. JMGM Group, LLC, 433 Md. 170, 70 A.3d 347 (2013)(Dram shop liability)

Cooper v. Rodriguez, 443 Md. 680, 118 A.3d 829 (2015)(Gross negligence and cap application to death action filed under Maryland Constitution and MTCA)

Espina v. Jackson, 442 Md. 311, 112 A.3d 442 (2015)(Constitutionality of application of LGTCA cap to civil rights claims)

Herrera v. Bako – District Court for Prince George’s County, No. 0502-0032123-2016 (Relevance of immigration status in personal injury claim)

Rochkind v. Stevenson, 229 Md. App. 422, 464 (2016)(Daubert adopted in Maryland)

Lucas v. United States of America, 842 F.3d 328 (2016)(FTCA notice requirements)

Raplee v. United States of America, 842 F.3d 328 (2016)(FTCA notice requirements)

Copsey v. Park, 453 Md. 141, 160 A.3d 623 (2017)(Relevance of non-party negligence)

Bell v. Chance, 460 Md. 28, 188 A.3d 930 (2018)(Immunity relative to involuntary admission)

Chaplin v. University of Maryland Medical System, No. 70, 2019(expert requirements in medical malpractice)

Macedo v. The Automobile Insurance Company of Hartford, Connecticut, No. 1619, 2019

Advanced Radiology, P.A., v. Barton, 474 Md. 122 (2021)(causation requirement in failure to diagnose cancer case)

Williams v. Dimensions Health Corporation,476 Md. 416 (2021)(apparent agency)

Wadsworth v. Sharma, 476 Md. 264 (2021)(loss of chance)

Gambrill v. Board of Education of Dorchester County, 481 Md. 274 (2022)(teacher and administrator immunity for bullying)

Kiebler v. Johns Hopkins Bayview Medical Center, Inc., No. 2173, (2022)(Daubert application in cerebral palsy case)

Browne v. State Farm, 258 Md. App. 452 (2023)(insurance “bad faith” statute application)

Lacks v. Thermo Fisher Scientific, Inc. – United States District Court for the District of Maryland, Case No. 21-02524(2023)(with Professor Suzette Malveaux, Director of the Byron R. White Center for the Study of American Constitutional Law at the University of Colorado)

Lacks v. Ultragenyx Pharmaceutical, Inc. – United States District Court for the District of Maryland, Case No. 23-CV-02171(2024)(with Professor Suzette Malveaux, Director of the Byron R. White Center for the Study of American Constitutional Law at the University of Colorado)

Ledford v. Jenway Contracting, LLC, No. 3, 2024 (Workers Compensation exclusivity for wrongful death claims of “non-dependent” children)

Mike has been invited to speak to various groups on a wide range of topics including Civil Rights Litigation, Trial Preparation, Handling the Media through Litigation, Virtual Office Development and Ethical Considerations for Online Legal Services. Representative lectures include:

• Ethical considerations for lawyer referral services, 2000-2001
  • Presented to various groups including Indianapolis Bar Association, Orlando Bar Association, Montgomery County Bar Association, Anne Arundel County Bar Association, Prince George’s County Bar Association
• Creating a virtual office and managing a virtual staff, Maryland State Bar Association, February 2011
• Virtual office live demonstration, Maryland State Bar Association, February 2012
  Practical Tech Advice for the Non-Techy Lawyer, National Business Institute, August 2015
• Pre-Trial Preparation Process, Maryland Association for Justice
• Married to the Law and a Lawyer, a Collaborative Catharsis, Maryland State Bar Association, (St. Kitts)
• Understanding the Police Investigation and Disciplinary Process, National Business Institute, 2011
• Deposition Preparation and Use, National Business Institute
• Handling Federal Tort Claim Act Cases – Pitfalls for the Unwary, Maryland Association for Justice, March 2019
• State of the Practice of Law, Maryland State Bar Association, April 2019
• Establishing Standard of Care through the Defense, Maryland Association for Justice, January 2020
• Tips from the Bar; to the Bar and Bench, Maryland State Bar Association, February 2020, (St. Lucia)
• What You Can Do Now to Make a Difference, Maryland Association for Justice, October 2020

• Winkelman, M., Streaker v. Bousheri – Factual Outlier or New Expert Threshold, published in TRIAL REPORTER,
• Mester, C., Winkelman, M., Locking in Standards of Care: Asking the Right Questions, published in TRIAL, August 2019, Vol. 55, No. 8.