Posted on January 18, 2013 in Victim's Rights

I am and have been involved in a number of cases where law enforcement and criminal defendants attempt to punish victims of violent crime for reporting the crime and seeking justice. Sara Reedy’s case, discussed here is an excellent example of precisely how survivors, victim advocates and their lawyers should respond-by going on the offensive.

Sara Reedy was assaulted at gunpoint at the gas station where she was working as a cashier. The perpetrator pulled a gun on her, emptied the till and forced her to perform a sex act on him. The detective who interviewed Sara and thought she invented the story to steal money from her employer. While pregnant, she was arrested on theft and false reporting charges. Her perpetrator later admitted to committing a similar sexual assault not long before Sara’s assault and the charges against Sara did not stick.

Sara sued the detective and, after a protracted legal battle, won a $1.5 million settlement. I commend Sara and her legal team for having the courage and fortitude to fight this clear injustice and I believe all of us who advocate for victims of crime should heed the lesson that the only way to really change victim-blaming behavior is to fight back and wins.

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 Posted on January 17, 2013 in Medical Malpractice

In Maryland, the doctrine of informed consent requires a physician, before a patient undergoes a non-emergency medical procedure, to explain the proposed medical procedure to the patient including warning the patient of the benefits, risks and alternatives. The District Court for the District of Maryland recently had the occasion to review this law in the case of Robertson v. Iuliano, et al.

In that case, Robertson underwent back surgery at St. Agnes Hospital in 2006 following an accident. After the surgery, Robertson developed an infection and two additional surgeries were required. The surgery was performed by Luliano, a doctor employed by Nuerosurgery Services, LLC. Robertson signed informed consent forms for the second and third surgery, but not for the initial surgery. Robertson subsequently filed suit against Luliano, Neurosurgery Services and St. Agnes claiming that he would not have undergone the surgery if he had known of the risk of infection and seeking damages from, among other things, loss of income and medical bills.

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 Posted on January 16, 2013 in Federal Crimes & White Collar Crimes

Recently there have been unprecedented fines and prison terms handed down by judges in Maryland and nationwide for Clean Water Act violations and other environmental crimes. On December 5, 2012, Judge Stagg of the Western District of Louisiana sentenced John Tuma, a former general manager of Arkla Disposal Services, to 60 months in prison, 36 months probation thereafter, and a $100,000 fine for violations of the Clean Water Act ("CWA"). Tuma worked at Arkla’s Shreveport, Louisiana wastewater treatment facility where he allegedly oversaw the discharge of untreated wastewater. Based on those allegations, a federal jury convicted Tuma on 3 counts of violating the CWA, 1 count of conspiracy to violate the CWA, and 1 count of obstructing justice with respect to the EPA’s inspection of the Arkla facility. Tuma has appealed the conviction and sentencing.

Tuma’s sentencing follows on the heels of an unprecedented environmental criminal penalty leveled at Scotts Miracle-Gro Company, the world’s largest marketer of residential use pesticides. On September 7, the Southern District of Ohio sentenced Scotts to pay a $4 million fine for 11 criminal violations of the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"). In a separate consent agreement, Scotts agreed to pay more than $6 million in civil penalties, spend $2 million on environmental projects, and contribute another $500,000 to organizations that protect bird habitat. According to Ignacia Moreno, Assistant Attorney General for the Department of Justice’s Environment and Natural Resources Division, the total criminal and civil penalty of $12.5 million is the largest payment in FIFRA’s history.

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 Posted on January 02, 2013 in Criminal Defense

As Aggressive Maryland Criminal Attorneys, the Criminal Defense Team at STSW represents scores of defendants each year who face Mandatory Sentences that must be served without parole for violating Narcotics and Firearms Laws. I have written about many of these cases in the past as they tend to be among the most difficult cases that criminal defense attorneys confront. A few weeks ago I represented three members of a family who had been charged with Trafficking Narcotics with a Firearm.

In addition to this count, the father was also charged with being a Felon in Possession of a Handgun. Both of these counts carry Minimum Mandatory Penalties of five years in prison without the possibility of parole. Needless to say it was a very serious case. Here are the facts:

My client is a 56 year old man who up until 4 years ago had no prior criminal record. He married with two grown children and has worked the same job for 25 years. Hardly the profile of dangerous armed drug dealer for which these harsh criminal statutes were written. On my initial review of the case I was quite concerned as the case appeared strong, particularly with respect to the Felon in Possession of a Handgun Count.

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 Posted on January 02, 2013 in Tax Controversy Litigation

Politics aside (because, let’s face it, it’s all about our own, bottom-line individual/household budgets), let’s look at the impact of yesterday’s tax legislation.

As with everything in life, there is good news and bad news. The federal fiscal plunge may not be as steep, but it doesn’t mean there isn’t a murky mess left to deal with.

Overall, the good news is that the literal eleventh-hour tax bill passage averted global economic panic; the overseas stock markets started strong this morning, and for millions of Americans still looking for work, unemployment benefits were restored. The bad news is that the legislation passage acts as yet another government bandaid, offering temporary relief while the underlying issue requires more attention. Every year it seems more commonplace for our country’s leaders to have these last minute tax debates and potential economic threats because the bigger issue, tax reform, is complicated and heated and never addressed in whole. They couldn’t resolve their debate over the debt ceiling, for instance, and what, if any, programs should be cut from government spending, so those issues will be fought over later this month.

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 Posted on December 19, 2012 in Medical Malpractice

When most hear about complications during childbirth most immediately think of the child. Obviously the birthing process is a delicate one, and infants are quite vulnerable to long-term harm that results from prolonged oxygen deprivation, the applications of excess force, and other incidents. However, it is important not to forget that mothers are just as susceptible to serious injury and even death caused by problems during childbirth. In fact, according to some recent reports, the most serious maternal complications are actually on the rise in the United States.

CDC Maternal Injury Report

Some assume that the days of high maternal death rates during childbirth are a thing of the past – at least in the developed world. The reality, however, is that while medical advances have obviously made childbirth safer, there remains serious risks of a mother suffering injury during birth. Those risks may be higher now than they were just a few decades ago.

According to a new report from the Centers for Disease Control and Prevention (CDC), emergencies which threatened the life of the mother during childbirth increased by a startling 75% in the decade ending in 2009 compared with the rates from the 1990s. In particular, there were significant increases in the number of mothers who experienced kidney failure, cardiac arrest, and serious respiratory emergencies. These are not minor problems but life-threatening events.

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 Posted on December 17, 2012 in Medical Malpractice

Popular movies and television shows involving lawyers and lawsuits sometimes create misperceptions about how the justice system actually works. For one thing, while courtroom drama makes the most riveting entertainment, in reality the vast majority of cases end with amicable agreements between the parties involved. Actual trials are certainly more an exception than a rule.

In addition, fictional portrayals often present the image of a check being cut for the plaintiff in a case as soon as the verdict is handed down. The reality, however, is sometimes much more muddled. That is because there is often intense disagreement regarding various parties who may be involved, individual doctors, hospitals, speciality clinics, and multiple insurance companies. Sometimes the fighting after liability is handed down is far more contentious than the original trial itself. This is one of many reasons why it is important to have a medical malpractice attorney who is experienced in these cases and familiar with all of the ancillary issues that may come up and delay payment of damages.

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 Posted on December 16, 2012 in Tax Controversy Litigation

United States citizens have an obligation to report to the IRS on Schedule B of their U.S. Individual Income Tax Return, Form 1040, whether they had a financial interest in, or signature authority over, a financial account in a foreign county in a particular year by checking "Yes" or "No" in the appropriate box and identifying the country where the account was maintained. They further have an obligation to report all income earned from foreign financial accounts on the tax return and to pay the taxes due on that income.

Separately, U.S. citizens with a financial interest in, or signatory authority over, a foreign financial account worth more than $10,000 in a particular year, must also file a Foreign Bank and Financial Accounts form (FBAR) with the Treasury disclosing such an account by June 30 of the following year. Failing to report such accounts or file required FBAR forms carries significant civil and potential criminal penalties.

Many foreign bank account holders are middle-class citizens with families living abroad, who either inherit funds (held in foreign bank accounts) from those families, or who send money from their paychecks to those families through a foreign bank account. Most such bank account holders are not even aware of the foreign bank account reporting requirement. Then there are those foreign bank account holders who are not only aware of the reporting requirements, but who also specifically seek out foreign banks who promise to provide secrecy to their clients and shield their money from detection from the IRS. The IRS Criminal Investigation Division and the United States Department of Justice work together to identify and prosecute such individuals and the banks assisting them.

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 Posted on December 14, 2012 in Medical Malpractice

The most well-known patient safety research project ever released is the "To Err is Human" report from the U.S. Institute of Medicine. You can download your own free copy of the report here.

One statistic in particular from the study is often shared by patient safety advocates. The report noted that each and every year nearly 100,000 patients are killed by preventable medical errors. The figure is helpful is quickly illustrating the scope of the medical mistake problem. While most doctors, nurses, and aides do their best to provide proper care, the sad reality is that we still have a very long way to go before all medical patients receive reasonable care free of mistakes every time they visit medical professionals.

To Err is Human was first released in 1999. However, follow-up studies from the Institute of Medicine and many other researchers has found that little has changed in the last thirteen years. Tens of thousands of patients continue to be killed and many more injured each and every year as a result of various errors in medical care. It is incumbent upon all practitioners and administrators to do everything in their power to improve patient safety figures.

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 Posted on December 14, 2012 in Medical Malpractice

The birth of a child is supposed to be one of the happiest moments in the life of a family. Unfortunately, for some the memorable occasions turns into a nightmare. That is because, at rates far higher than many suspect, childbirth can result in complications and injuries to the mother or child. Because of the delicate nature of the situation, when a new child is hurt during birth, the consequences are often quite severe. Birth injuries can prove to cause lifelong harm and can even be fatal.

When Is Medical Malpractice Involved?

Following a traumatic childbirth that leads to injury, mothers and fathers often have the same question: Could this have been prevented? Of course, there is no one-size-fits-all answer. The delivery of a new baby is a delicate process that is very fact-specific. Two births may be very different, requiring different actions and medical decisions. At times an injury may have been unpreventable. However, many injuries can be prevented if the caregivers acted differently in response to developing problems. When that happens, medical malpractice may have been committed.

How is a family supposed to know whether the injury to their child should have been prevented?

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