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Results

Slip and Fall Accidents

Eight Figure Settlement

This case settled at beginning of the trial for $20,100,000 and a structure was used that will pay the Plaintiffs over $125,000,000 in their lifetime. It was a novel case dealing with issues of product liability, innkeeper liability and punitive damages.

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Medical Malpractice

High Seven Figure Settlement

On behalf of a woman who developed a subarachnoid hemorrhage that was not timely treated and who now requires 24/7 round-the-clock care.

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Auto Accidents

$6,000,000

Obtained for quadriplegic injured in a motor vehicle accident.

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Medical Malpractice

$5,942,542

In Washington D.C.’s Superior Court, upheld by the appeals court, against health care providers for their failure to treat a blood clot before it permanently injured the client’s spinal cord.

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Medical Malpractice

$5,456,896

The Plaintiff was admitted to the Shock Trauma unit of Prince George’s Hospital Center with a leg injury. The surgery to relieve a blood clot in the leg was not performed in time, resulting in the Plaintiff’s leg having to be amputated at the hip. The Defendant contended that the leg was lost not because of delay in relieving the blood clot in the artery but because of extensive injury to venous system in area of pelvis and left leg. The jury returned a verdict of $5,456,896.

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Medical Malpractice

$5,175,000

For a client who was not delivered in time by the midwife and doctors to prevent the baby’s irreversible brain injury from lack of oxygen.

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Medical Malpractice

$5,000,000

For a client injured when her mother’s labor and delivery was negligently managed.

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Auto Accidents

Over $5,000,000 Verdict

Obtained in an automobile accident where a woman was hit by a drunk driver resulting in her arm being nearly completely severed.

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Medical Malpractice

$4,500,000

For a newborn permanently injured when the health care providers ignored warning signs that required a timely cesarean section.

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Medical Malpractice

$4,100,000

For a child injured when the health care providers did not treat her for a suspected bacterial infection and allowed that infection to become bacterial meningitis, which caused permanent and lasting brain damage.

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Medical Malpractice

$4,000,000

For a mother and child injured when the treating midwife did not call in the obstetrician to deliver the baby before the baby suffered a permanent brain injury. The jury allocated 70% of the fault to the midwife.

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Medical Malpractice

$3,750,000

For the family of a man who died when his primary care physician did not diagnose his lung cancer for over 20 months. The verdict was reduced under Maryland’s arbitrary cap on non-economic damages.

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Medical Malpractice

$3,750,000

For a child injured when the health care providers did not treat him for a suspected bacterial infection and allowed that infection to become bacterial meningitis, which caused permanent brain damage.

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Medical Malpractice

$3,500,000

For a newborn permanently injured when the health care providers ignored warning signs that required a timely cesarean section.

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Medical Malpractice

$3,497,270

The largest medical malpractice verdict in Calvert County history. The injured party suffered a perforated colon as a result of improper gynecologic surgery. She was forced to undergo numerous corrective surgeries and was left with permanent medical complications and scars. The verdict was reached after the jury deliberated over two days, spending the majority of their time discussing the lifetime award for the injured party.

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Medical Malpractice

$3,000,000

On behalf of a husband and wife for permanent injuries sustained by the husband when the health care providers delayed the surgical procedure that he needed until it was too late.

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Construction Accidents

$2,884,500

Obtained for the family of man killed in a construction site accident.

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Medical Malpractice

$2,000,000

For a surviving son and parents of a young woman who died as a result of improper post-operative surgical care.

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Medical Malpractice

$1,500,000

When grandparents and two-year-old twins were killed in a rental property house fire that did not have any smoke detectors as required by law.

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Medical Malpractice

$1,500,000

On behalf of the surviving mother and the estate of a young woman who died when the health care providers did not treat her bacterial meningitis.

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Medical Malpractice

$1,230,000

This case settled prior to trial for $1,230,000 and involved a 32-year-old female who died after giving birth to second child due to the failure of the doctor to repair her lacerated spleen. This brought up the issue of purported common law husband’s rights in Maryland to sue for death of decedent.

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Medical Malpractice

$1,200,000

On behalf of the surviving husband and children and the estate of a woman who died when the health care providers did not treat her elevated blood pressures and other prenatal concerns until she suffered a brain bleed, from which she died.

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Medical Malpractice

Seven Figure Settlement

The Plaintiff suffered a perforated colon during routine polyp removal. The perforation was not discovered for days and the Plaintiff’s condition declined without appropriate intervention. She suffered multiple medical complications including a stroke which left her disabled for life. A life care analysis was performed which estimated the economic losses to the Plaintiff at $2,250,000.00. The parties agreed upon a confidential settlement which provided a lump sum payment and lifetime care to the Plaintiff.

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Medical Malpractice

Seven Figure Settlement

The Plaintiffs were operated on by the same orthopedic surgeon several hours apart for a vertebroplasty procedure (insertion of glue into the spinal cord). The glue was inserted too quickly and was not properly monitored by x-ray equipment and it exited the spinal canal into the bloodstream, eventually going to the lungs and causing death. The cases were settled for seven figures and the file was sealed.

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Medical Malpractice

Seven Figure Settlement

The Plaintiff developed post-partum preeclampsia after the birth of her second child and was rehospitalized several days after birth. She was kept overnight and released. Four days later, she suffered a stroke and was rushed to the hospital. The relationship between the post-partum preeclampsia and the stroke was significantly questioned and the case settled for seven figures prior to trial and was sealed with a confidentiality provision.

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Medical Malpractice

Seven Figure Settlement/Verdict

The decedent arrived at the hospital bleeding from the GI tract and was improperly treated by an internist, the ER, the gastroenterologist, and the ICU specialist which resulted in the decedent bleeding to death while in the ICU. The case settled with three health care providers shortly before trial and the remaining health care provider was tried. The ultimate recovery exceeded $1,000,000.

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Medical Malpractice

$1,000,000

On behalf of a client injured by the surgeon during a gall bladder removal surgery.

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Medical Malpractice

$1,000,000

On behalf of the surviving children and the estate of a woman who died during a surgical procedure, when the physician negligently punctured a vein and then did not recognize it for hours, allowing the woman to bleed to death.

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Medical Malpractice

Seven Figure Settlement

On behalf of a woman who developed pre-eclampsia after delivery and when not timely treated, developed a brain bleed that left her in a persistent vegetative state.

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Defective Products

Seven Figure Settlement

Obtained in product liability action for brake failure in automobile.

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Medical Malpractice

$862,832

The jury considered this case where a gentleman went in for routine prostate surgery but suffered complications which resulted in him spending a month in ICU and suffering a cardiac arrest. He survived the arrest and was transferred to a second hospital for treatment and recovery. The entire recovery period lasted months and the injured party was left with permanent impairment. The jury determined the medical providers failed to appreciate and treat the substantial bleeding of the Plaintiff in the post-operative period.

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Medical Malpractice

Over $700,000

On behalf of the parents of a newborn whose condition was improperly treated, resulting in the newborn’s death.

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Medical Malpractice

$700,000

For the parents of a 24-month-old who died when the hospital did not diagnose pneumonia that was seen on the x-ray and treat it properly.

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Medical Malpractice

$700,000

On behalf of the surviving children of a woman who had a blood clot but who did not receive the necessary medications to prevent the blood clot from moving to her lungs.

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Medical Malpractice

Over $650,000

On behalf of the father of a teenager whose medical condition was ignored by a primary care provider, resulting in the teenager’s death.

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Medical Malpractice

$455,000

For a young adult who was thrown from his wheelchair because of his care provider’s negligence, fracturing his femur and requiring surgical procedures.

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Civil Rights

$153,800

Obtained for a store owner who was improperly detained in his jewelry store by six police officers. The evidence showed the store owner went to his store to let his guard dog relieve itself. He was approached by several members of the police department and asked why he was at the store. He explained it was his store and they used his keys to enter the store. The officers nonetheless handcuffed the store owner and detained him in his store for approximately one hour while the officers rummaged through the jewelry store, stole cash and threatened him with a revolver. The incident was captured on the owner’s surveillance cameras.

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Medical Malpractice

$128,349

This case involved a medical malpractice action for failure to diagnose a ruptured appendix. The Defendant doctor discharged the Plaintiff before performing appropriate tests and dismissed the Plaintiff as suffering from a sexually transmitted disease.

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Slip and Fall Accidents

Six Figure Settlement

An employee of a subcontractor for Sears came to the home of the Plaintiff’s mother and raped the Plaintiff. The employee had a long criminal record and questions of what, if any, investigation into the employee’s background by the subcontractor were asked prior to hiring. The case was settled with the subcontractor at beginning of the trial for $500,000. The case against Sears was resolved just as the jury was returning with verdict.

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Slip and Fall Accidents

Six Figure Verdict

This case dealt with a premises liability action involving a bilateral shoulder injury that occurred when the Plaintiff fell through a pier owned by the Defendants. The issue of liability was seriously contested and after several days of litigation, the jury returned a verdict of $394,900.

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Civil Rights

Six Figure Settlement

The parents of a young man who was strangled by six police officers brought a wrongful death/civil rights claim. The evidence showed a young man was involved in a car accident and left the scene of the accident. Police officers found him several blocks away at his home. A confrontation ensued and six police officers apprehended and handcuffed the young man. He died during the confrontation and the officers and police department alleged the death was due to positional asphyxia. An autopsy was performed and the medical examiner determined the cause of death was homicide secondary to asphyxiation. The medical evidence on autopsy demonstrated the young man had been strangulated by the police officers. Three independent witnesses testified they saw the police strangle the decedent.

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Medical Malpractice

$97,500

This case involved a dental malpractice claim against an orthodontist who kept the minor Plaintiff in braces for approximately 10 years. Proper treatment was surgery which she had after leaving care of Defendant. The Plaintiff was caused to be kept in braces unnecessarily through her entire teen years.

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Medical Malpractice

Settlement

The Plaintiff developed a cancerous saliva gland and was examined by an ENT specialist, general dentist, and oral surgeon, all of whom misdiagnosed or failed to diagnose the condition. The stage of cancer seen by the Defendants when diagnosing the plaintiff was was seriously questioned. The treating surgeon at Johns Hopkins indicated he found stage four cancer when he saw the Plaintiff and said it would have been stage four even if found by Defendants earlier. The case was settled in three parts prior to trial and was sealed with a confidentiality agreement.

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Medical Malpractice

Settlement

The Plaintiff was a patient at the Washington Hospital Center where he had just undergone significant vascular surgery. He was taken to operatory to put in main line and during the procedure the Defendant failed to maintain the airway and the plaintiff suffocated to death. The case settled before trial and was sealed. A vascular surgeon agreed to testify against the defendant and testified in deposition that the Defendant caused the death.

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Medical Malpractice

Seven Figure Settlement

The Plaintiff had suffered a ruptured esophagus and was misdiagnosed as suffering from pancreatitis and released from care. The plaintiff was taken to the hospital by ambulance three days later but did not survive due to a massive infection that had taken over their body. The case was settled prior to trial and resulted in a settlement of seven (7) figures.

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Medical Malpractice

Verdict/Settlement

Malpractice claim for failure to properly interpret and report the results of a pap smear. The malpractice resulted in the death of a 26-year-old woman. The case was tried to verdict and later settled and sealed before appeal.

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Medical Malpractice

Settlement

This case was settled and sealed prior to trial. It was a novel issue of who proper parties sue in a case where a young female was diagnosed as terminal but still living. The case discussed what, if anything, the children and husband are entitled to prior to death or if Wrongful Death Action is only available after the mother dies.

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Auto Accidents

Settlement

Obtained in automobile accident wrongful death action for the family of an individual struck on Route 50.

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Slip and Fall Accidents

Settlement

Washington Gas Light inspected homeowner’s stove and indicated that it could not be repaired and must be replaced and the homeowner indicated they could not afford to replace it. The gas company did not remove stove and did not shut off the gas to stove, causing gas to escape from defective burners into the kitchen when then ignited, killing one child and severely burning two others. The case was settled and sealed after one week of trial. A structured settlement was used to ensure the welfare of the surviving children for the remainder of their lives.

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Civil Rights

Settlement

Obtained for property owners for the shooting death of their family dog by Prince George’s County Sheriffs. Sheriffs were attempting to serve a warrant on an individual and went to the wrong address. The occupants advised the officers of their mistake and requested the officers allow them to bring the family dog inside as it was barking. The Sheriffs denied this request and prohibited the homeowners from moving about their home or securing their dog. Officers thereafter shot and killed the family dog – a mixed breed Labrador Retriever.

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Civil Rights

Verdict

The case involved Sheriffs seeking to serve an alleged warrant on an individual. When they arrived at the house the occupants – a young woman, her mother and her 2-year-old daughter – advised the Sheriffs the person they were looking for was not a resident of the home. They further advised the Sheriffs where the individual they were looking for lived and worked. The Sheriffs nonetheless detained the homeowners for more than an hour and prior to leaving the residence threatened the homeowner in front of her 2-year-old child. The homeowner requested to see a copy of the warrant. Sheriffs did not produce the warrant. It was discovered through litigation the Sheriffs did not possess a valid search warrant.

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Civil Rights

Verdict

A young man and his friend were sitting on their front porch one evening. A local police officer approached the young men and asked them what they were doing. They responded they were not doing anything and the officer exited his car and asked the young men if they were getting smart with him. They said no. The officer then walked onto the porch and punched one of the men in the face. Neither of the men took any action against the officer. The young man was taken to the hospital and received stitches to his mouth. Through discovery, the Plaintiffs introduced testimony from a fellow police officer that the Defendant officer admitted to the attack and bragged about similar attacks on other young men in the community.

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Blogs

What are the Common Causes of Motorcycle Accidents in Maryland?

If you were hurt in a motorcycle accident, you will need a dedicated Maryland personal injury attorney on your side. Do not hesitate to reach out today to discuss your options with our skilled legal team. How do motorcycle accidents occur in Maryland? There are several ways that motorcycle accidents can occur. In some cases, […]

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Can I Pursue Legal Action After a Bus Accident in Maryland?

Bus accidents can cause severe physical, emotional, and financial burdens. If you were hurt in one, do not hesitate to reach out to our experienced Maryland personal injury attorneys at McCarthy, Winkleman & Mester, LLC to discuss the specifics of your case and your options. What are the common causes of bus accidents? There are […]

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32nd Annual Ray Smith Golf Classic

McCarthy, Winkelman & Mester was proud to once again be a Title Sponsor of the 32nd Annual Ray Smith Golf Classic which took place on June 18, 2020. The annual Ray Smith Golf Classic benefits the John Moylan Scholarship Fund which provides financial aid for students who otherwise would not be able to attend DeMatha […]

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