Posted on October 24, 2017 in Estates, Trusts, Probate & Fiduciary Litigation

Ned Parent, a member of Silverman Thompson’s Business Litigation Group, published an article in the September 2017 issue of the Maryland State Bar Association’s “Bar Bulletin” publication.  Mr. Parent’s article discussed the “undue influence” standard used in Caveat proceedings (the formal term used for proceedings challenging the validity of a Will).  Specifically, the article discussed the challenges in successfully proving undue influence in such proceedings, and suggested possible solutions to address those challenges.

Mr. Parent leads STSW’s fiduciary litigation practice, handling disputes related to estates, trusts, and guardianships.  If you have any questions about this article, or would like to discuss a potential matter related to an estates and trusts dispute, Mr. Parent may be reached at nparent@silvermanthompson.com or at 443-909-7500.

Continue Reading ››

 Posted on October 03, 2017 in Criminal Defense

A few weeks ago I defended Baltimore County Police Officer Christopher Spivey in a use of force assault case.  After listening to 3 days of testimony and evidence, the jury took less than 30 minutes to find him not guilty of all charges.  Then at least six members of the  jury waited around to shake Officer Spivey’s hand and thank him for his 10 years of service to the community as a police officer.

A few days later the Editors of the Sun wrote what I view as an outrageous editorial in which they dismissed the juries’ verdict and all but lamented the fact that there were no demonstrations of social unrest as a result of the acquittal.  Below is a link to the editorial as well as the response that I sent to the paper.  Not surprisingly the editors lacked the journalistic integrity to print my response.

My Response:

The Sun began its editorial on the acquittal in the assault trial of Officer Christopher Spivey with these  two words,   "Thirty Minutes".   The editors were apparently pointing to the jury’s quick acquittal in this case as evidence that they failed to take the allegations in this case seriously.  The editorial went on to essentially tell its readers that these jurors must have made their decision based on something other than the evidence, because they (the editors) have seen the video so they know better than the jury who listened to three days of evidence.

Continue Reading ››

 Posted on August 30, 2017 in Criminal Defense

Representation in cases involving Possession and Distribution of Child Pornography require expertise that only an Aggressive Criminal Law Specialist can provide.  I am a full time Maryland Criminal Attorney and former Baltimore County Assistant State’s Attorney with more than 20 years of experience.  Throughout my career as a prosecutor and full time criminal defense attorney,  I have handled hundreds of cases involving the Possession and/or Distribution of Child Pornography in Baltimore County and across the State.  Over the last 20 years I am aware of no other criminal attorney in the state who has handled more of these cases than I have along with my partner, Former Assistant United State’s Attorney and Chief of the Sex Offense Unit,  Andrew C. White.   As I have written before on this blog, these cases are prosecuted extremely aggressively and often result in substantial state and federal prison sentences.  This is why is is so imperative to hire attorneys who specialize in these types of cases.

Continue Reading ››

 Posted on April 21, 2017 in Victim's Rights

Thanks to Delegate C.T. Wilson’s persistent effort, the Maryland General Assembly passed and Governor Larry Hogan signed into law House Bill 642 on April 4, 2017.  The new law provision extends the statute of limitations for victims of sexual abuse to sue offenders and the individuals, organizations and/or government entities who allowed the abuse to occur.

Maryland’s previous statute of limitations provided that child sex abuse victims only had to age 25 to sue (seven years from the date the victim reached the age of majority). The new law extends the statute of limitations to age 38. Although the law is a huge step forward, there are a couple of important things to note.

The Law Requires Gross Negligence to Sue Responsible Third Parties

The law treats claims against perpetrators of abuse differently from claims against organizations who enabled, fostered and/or failed to prevent the abuse—such as churches, schools, daycare centers, camps, pools, etc. Specifically, it provides that victims whose abuse occurred more than seven years after age of majority (mostly 25) can only sue third-parties for actions arising out of the sexual abuse if the victim can show (1) the person or governmental entity owed a duty of care to the victim; (2) the person or governmental entity employed or exercised some degree of responsibility or control over the alleged perpetrator; and (3) there is a finding of gross negligence on the part of the third party.[1] "Gross negligence" is defined as "an intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another, and also implies a thoughtless disregard of the consequences without the exertion of any effort to avoid them."[2] The law contains no such limitations for direct lawsuits against perpetrators.

Continue Reading ››

 Posted on April 07, 2017 in Medical Malpractice

A Salt Lake City jury last month awarded $2.9 million to the family of a 55 year-old man who died after physicians failed to diagnose and treat a life-threatening heart condition.  After developing chest pains one evening – which quickly spread to his abdomen – the man presented to a clinic where he was seen by a Physician’s Assistant (PA).  The PA diagnosed him with constipation and discharged him with instructions to drink a bottle of over-the-counter magnesium citrate and take a suppository.

Nine days later, the man returned to the clinic after being awakened by sudden onset of sweating and severe heartburn which, again, radiated to his abdomen.  He also was found to have high blood pressure on exam.  Nevertheless, he was again diagnosed with constipation and instructed to increase his daily intake of fruits and vegetables and to follow up in two months.  Four days after this second visit to the clinic, the man passed away while at his home.  An autopsy determined that he had died of aortic dissection, a serious condition in which the inner layer of the aorta, the large blood vessel branching off of the heart, tears.

Continue Reading ››

 Posted on March 28, 2017 in Complex Civil Litigation

Concern regarding "waste, fraud and abuse" in government spending is everywhere these days, it seems.  Even in 2017, it is a solidly bi-partisan concern.  A quick internet search reveals that think tanks from the progressive Center for American Progress to the libertarian Cato Institute have published on the topic, and politicians as ideologically diverse as Rep. Elijah Cummings (D-Md.) and Rep. Paul Gosar (R-Az.) host pages on the official House of Representatives domain, house.gov, addressing wasteful or fraudulent government spending.

It may be more accurate to call the issue "non-partisan" rather than "bi-partisan" – relatively apolitical groups like AARP have weighed in, as has nearly every federal executive agency, including the Office of Personal Management, the Government Accountability Office, and the Department of Health and Human Services (which oversees Medicare and Medicaid – more about those two programs in a future post).

Continue Reading ››

 Posted on March 21, 2017 in Business Counseling, Litigation & Transactions

Omni Imaging, LLC ("Omni"), a Maryland limited liability company, filed its lawsuit against our clients, Blue Ridge X-Ray Co., Inc. ("Blue Ridge") and Richard A. Wilson, in the U.S. District Court for the District of Maryland, on or about October 12, 2016, alleging breach of contract, tortious interference with contract and tortious interference with prospective business advantage.  Omni is an LLC in the business of selling and maintaining x-ray facilities and radiology products, accessories, supplies and services in Maryland, Virginia, Delaware, Pennsylvania and the District of Columbia.  Mr. Wilson was formerly employed by Omni prior to joining Blue Ridge X-Ray Co., Inc.  Blue Ridge is a North Carolina corporation and a national supplier of x-ray imaging equipment, service and supplies.  Omni sued our clients over a dispute concerning a non-compete agreement signed by Mr. Wilson prior to leaving his employ with Omni.  STSW was able to defend Blue Ridge and Mr. Wilson and reach a fair and reasonable settlement with the assistance of the Honorable Beth P. Gesner, U.S. Magistrate Judge for the U.S. District Court for the District of Maryland.

Continue Reading ››

 Posted on March 20, 2017 in Medical Malpractice

After two weeks of testimony, a medical malpractice jury in Arkansas awarded $46.5 million to a toddler whose family alleged that her doctors’ negligence resulted in catastrophic and irreversible brain damage.  The family alleged that the doctors failed to properly manage and treat the newborn baby’s jaundice following birth which led to the development of kernicterus in the child’s brain.  Kernicterus is a rare brain damage that occurs in a newborn experiencing severe jaundice.  It can be prevented by treating jaundice early.

Jaundice is a yellow discoloration in a newborn baby’s skin and eyes.  The condition results from an excess amount of bilirubin, a yellow-colored pigment of red blood cells, in the blood.  A high bilirubin level associated with severe infant jaundice or inadequately treated jaundice can result in brain damage, as it did in this case.  According to the family’s medical malpractice lawyers, the infant’s initial blood test demonstrated elevated levels of bilirubin, but no follow up blood testing was done and no phototherapy lights to treat the jaundice were administered.  The reason, the lawyers say, is because the child’s bilirubin levels, which were tested at 2 hours after birth, were compared against those which are normal for a two-day old child.  Death or brain damage caused by the failure to treat high levels of bilirubin in newborns is considered a "never event" in the healthcare industry, meaning it should never happen because it is identifiable, preventable and serious.

Continue Reading ››

 Posted on March 10, 2017 in Divorce

A bill was approved by the Maryland House repealing the language of a Maryland Family Law Statute which prohibits decisions in domestic violence proceedings from being admitted into evidence during divorce trials. Current law states that courts cannot consider decisions or orders made in Protective Order proceedings during the divorce trial. Final Protective Orders may be granted after a domestic violence incident and can provide for temporary custody, visitation and use and possession of the marital home. The bill will have to be approved by the Senate and Governor before becoming law.

Continue Reading ››

 Posted on March 10, 2017 in Medical Malpractice

A Missouri jury awarded close to $29 million this week to a then-college athlete whose rare genetic disorder went undiagnosed beginning in 2012, leaving her with devastating injuries.  The woman, who now is 24 years old, alleged that she went to her doctor in 2012 with complaints of fatigue, tremors, gait issues, insomnia, difficulty concentrating, crying spells and panic attacks.  Her doctor diagnosed her with anxiety and declined to prescribe any diagnostic testing.  Eight months later, after her symptoms worsened, the woman and her mother implored the doctor for more testing.  An MRI of her brain demonstrated that the woman was suffering from Wilson’s disease.

Wilson’s disease is a rare, hereditary disorder that causes excess amounts of copper to accumulate in the liver, brain and other vital organs.  Copper in the body contributes to, among other things, development of healthy nerves and bones.  Normally, it is absorbed from the food that you eat and any excess is excreted through the bile that is produced in the liver.  However, people with Wilson’s disease do not excrete the copper properly, causing it to accumulate in the body.  If it is diagnosed early, the disease usually can be managed well, resulting in a largely normal life.

Continue Reading ››