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MDE: Exxon can cut back on tests, end bottled water in Jacksonville
March 2nd, 2010
Posted: 6:55 pm Mon, March 1, 2010
By Danny Jacobs
Daily Record Legal Affairs Writer
Steve Tizard, a plaintiff in a prior suit against Exxon, walks past the bottled water in his Jacksonville garage last year.ExxonMobil Corp. is no longer required to deliver bottled water to families in Jacksonville affected by its 2006 gasoline leak, and can test half as many drinking wells as part of remediation efforts, state regulators have ruled.
Theodore M. Flerlage Jr., lead lawyer for hundreds of Jacksonville plaintiffs still suing Exxon for damages stemming from the leak, has asked the Maryland Department of the Environment’s Oil Control Program to reconsider the decision it reached in early February.
Affected residents should have been notified of the proposed changes in advance and given the opportunity to discuss them with MDE “in an open public forum,” Flerlage wrote to the regulators last week.
Exxon had been delivering bottled water to 126 homes and businesses and testing approximately 250 drinking wells since the 25,000-plus gallon gasoline leak was discovered more than four years ago at a northern Baltimore County station.
In the letter and in an interview, Flerlage said Exxon and private testing still show high levels of groundwater contamination.
“This isn’t going away,” said Flerlage, of The Law Offices of Peter G. Angelos PC in Baltimore. “It’s getting worse and expanding.”
Exxon notified property owners affected by the change last month.
“As a result of our investigation, ExxonMobil does not believe that gasoline constituents above the MDE’s state action levels will be detected in the wells of these houses in the future,” Kevin M. Allexon, an Exxon spokesman, wrote in an e-mail in response to questions. “ExxonMobil will continue to work with MDE and under its guidance to make sure that the groundwater is safe to use and drink.”
Exxon reached a $4 million settlement with MDE in September 2008 related to the spill. The company has spent more than $41 million on the cleanup effort under the direction of MDE.
The department approved the remediation changes in response to Exxon proposals offered in January and posted on MDE’s Web site. A team of MDE toxicologists and geologists overseeing the Jacksonville site reviewed the proposals before a decision was made, said Herb Meade, program administrator for the Oil Control Program.
Meade said it was Exxon’s responsibility to notify residents of the changes and that MDE has received a dozen phone calls in response, most opposed to the end of the bottled-water delivery.
Residents ‘forewarned’
The department ruled water delivery was no longer needed because corrective measures were in place within the defined half-mile “contamination zone,” including filter systems maintained by Exxon.
MDE also agreed Exxon no longer had to test 130 wells twice a year where remediation systems have kept the water from approaching actionable levels of contamination.
The properties “have the benefit of being forewarned” if contamination exceeds action levels, thanks to “a specifically-designed monitoring well network and continued monthly and quarterly sampling of select private supply wells within the study area,” MDE’s letter states.
The department increased the number of tests on a half-dozen drinking wells, while Exxon must maintain monthly and quarterly test schedules on the remaining properties, the department ruled. Exxon can ask MDE to reconsider the latter decision in six months.
Flerlage said some drinking wells both inside and outside the contamination zone contain between 10 and 10,000 times the allowable levels of gasoline additives benzene and methyl tertiary butyl ether, also known as MTBE, under state and federal guidelines. Benzene is a known carcinogen, while MTBE has been shown in some cases to cause cancer in animals.
“The sampling reduction is going to dramatically reduce the data available,” said Flerlage, adding the changes will reduce Exxon’s testing responsibilities by 70 percent.
$150M verdict on appeal
The remediation changes will not affect either of the Angelos firm’s trials, Flerlage added, the first of which is scheduled to start in the fall with approximately 450 individual plaintiffs and 150 plaintiff households.
Michael B. Snyder, one of the attorneys for 88 other households awarded $150 million last year for damages stemming from the spill, said the changes demonstrate Exxon’s “continuing pattern of putting the bottom line ahead of the public’s well-being.” Exxon is appealing the verdict.
Snyder, of Snyder & Snyder in Pikesville, said he has heard from clients who received the letters from Exxon.
“Our clients and all of the people in the community continue to be concerned about their health,” he said.
Published by Danny Jacobs of The Maryland Daily Record on March 1, 2010.
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What you should do if you think you have a medical malpractice case
February 23rd, 2010
If you believe that you or one of your loved ones has been a victim of medical malpractice, catastrophic injury, or wrongful death — you may have the basis for a medical malpractice suit. The first step you should take is to call or email the experienced medical malpractice lawyers at Snyder $ Snyder for a free initial consultation.
To help determine whether or not there is a case, it will likely be necessary for our medical malpractice lawyers to obtain and review copies of the injured individual’s medical records.A review of what is in the records — and sometimes more importantly what is not in the records – helps to determine whether there may be a valid medical malpractice case. Our office uses a multistep process to investigate each medical malpractice case. First, one of our medical malpractice attorneys meets with the client to get a detailed history. Then the client’s medical records are obtained, and our firm’s in-house nurse consultant organizes and reviews each client’s medical records. An experienced medical malpractice attorney then reviews the client’s medical records. If at that point, it appears that the case may have merit, we send the records to various medical experts who review the case and assess whether they are willing to testify that a health care provider was negligent and caused injury.
If our firm’s in-house analysis and the review by our medical experts reveal that you have a case, we will aggressively pursue the case for you to conclusion, either by way of a pre-suit settlement or a verdict in court. If the case has to be filed in court, we will handle all aspects of the litigation for you so that you will not have to spend much time or emotional energy on the case.
Almost all health care providers carry at least $1 million liability insurance. Once a medical malpractice case is filed, the health care provider’s insurance company hires a lawyer to represent the health care provider in the case. Between the time the case is filed and the time of trial (usually about one year), we and the defendant health care provider’s attorney prepare for trial. This process is called “discovery.” During the discovery phase of the case, each side learns about the other side’s case, such as who the witnesses will be, what the witnesses will say, etc. This may be done through questions that must be answered under oath (called interrogatories), requests for the production of documents (such as medical records and bills), and depositions (interviews under oath).
Because we are experienced at determining which medical malpractice lawsuits are worthy of being pursued, and because of our experience and reputation with the insurance companies and medical community, the large majority of our cases settle prior to trial. Nevertheless, we prepare each and every case as if it will go to trial.
The extensive and exhaustive review and litigation process that we go through for each case obviously is time-consuming and expensive. Because most of our clients have been seriously injured and do not have the financial means to pay us to review or pursue a case, the medical malpractice law firm of Snyder & Snyder always works on a contingency fee basis. That means that you do not pay us anything (not a fee nor expense) unless we are successful in obtaining compensation for you. This way, there is absolutely no financial risk to you in having us review or pursue a medical malpractice suit for you.
Contact us at our Maryland Medical Malpractice office today for a free consultation to discuss your concerns. We look forward to speaking with you about your case.
Posted by Michal B. Snyder, Esq.
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Did Medical Malpractice Cause Your Child’s Cerebral Palsy?
February 15th, 2010
Did a medical mistake cause your child’s cerebral palsy? Unfortunately, medical mistakes are the cause of thousands and thousands of cerebral palsy cases. Doctors and hospitals sometimes make mistakes during delivery. The following are just a few of the mistakes made during delivery that have caused children to be born with cerebral palsy:
• Leaving the child in the birth canal too long causing a lack of oxygen to the brain
• Failure to recognize and treat seizures following delivery
• Failure to detect a prolapsed cord
(the umbilical cord can wrap around the child’s neck,cutting off oxygen to the brain)
• Excessive use of vacuum extraction
• Improper use of forceps
• Failure to perform a cesarean section in the presence of fetal distress
• Not responding to changes in the fetal heart rate
• Failure to plan a C-section
(a high birth weight infant could compromise normal, spontaneous, vaginal delivery)
• Failure to respond to the mothers changing conditions, such as high blood pressure or toxemia
• Failure to timely diagnose and treat jaundice
If you beleive your child’s Cerebral Palsy may have been caused by medical malpractice, contact the experienced Maryland Cerebral Palsy Lawyers and Maryland Birth Injury Lawyers at Snyder & Snyder immediately for a free consultation.
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What is Cerebral Palsy?
February 15th, 2010
Cerebral palsy pertains to a group of chronic conditions that hinder body movements and coordination of the muscles. CP occurs due to brain damage, which will typically occur during fetal development or infancy.
A person who has cerebral palsy sustained an injury to their brain (cerebral). Individuals with this condition cannot use certain muscles of the body (palsy). Cerebral palsy patients may experience an inability to walk, verbally communicate, digest food or play with other children in the traditional sense.
Cerebral palsy is not a disease and is not communicable. Unfortunately, CP is incurable in the accepted sense — children with cerebral palsy will always have the condition; however, through education, therapy and applied technology, children with CP can blossom — leading fulfilling, productive lives.
If your child or loved one was injured as a direct result of Medical Malpractice on the part of a negligent healthcare professional, you should immediately contact the veteran Maryland Cerebral Palsy Lawyers at Snyder & Snyder to schedule a free consulatation.
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What Is Medical Malpractice?
February 15th, 2010
Medical malpractice entails a medical worker acting in a manner that is either negligent or below the accepted standards of healthcare professionalism. Both the actions and inactions on the part of a medical practitioner can directly result in serious child birth injury. Medical malpractice examples include:
• The inability to diagnose (misdiagnose) a disease or condition
• Failure to employ treatment for a medical condition
• Unreasonable delay in treatment
About Medical Malpractice
Medical malpractice is negligence on the part of a healthcare provider and may occur by act or omission. Instances involving care that deviates from accepted professional standards of practice can result in major injury to the patient. In some cases, a newborn child can die as a result of medical mistakes made by a doctor or nurse. Depending upon the country (and jurisdiction within countries) that the medical malpractice should occur, standards and regulations are subject to vary. Healthcare professionals must maintain professional liability insurance, which offsets both risk and costs of medical malpractice lawsuits.
If someone you know has been seriously injured as a direct result of Medical Malpractice, which in turn caused Birth Injury (Cerebral Palsy or Mental Retardation), or a Spinal Cord Injury (Paralysis), or Brain Injury (Stroke), do not hesitate to Call or Email the seasoned Medical Malpractice Lawyers of the Snyder Litigation Team today for a free consultation.
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How Do You Select A Medical Malpractice Lawyer
February 8th, 2010
In this age of television and Internet advertising how do you select a medical malpractice lawyer best suited for your case. This is a question I often get from prospective clients and its even more difficult when you’re dealing with an injury yourself or an injury suffered by a loved one. Anyone can advertise and claim to be experienced, but you really need to investigate further.
In these situations, research is extremely important. You should research the law firm you are interested in to see what types of cases they handle and the results they have obtained over the years. Look at their website and call to ask questions.
In my opinion, nothing tells you more about a law firm than results and testimonials You can’t distort results and you can tell a lot from what others say. RESULTS MATTER!!!! That’s the bottom line.
You should find a lawyer you are comfortable with and one that respects you and your case. I always suggest that you speak directly with the lawyer who will be handling your case to make sure you are comfortable with him/her. You deserve a lawyer who will take the time to speak to you directly rather than having a paralegal or assistant call you back. Sometimes you need to call several firms before you find the right lawyer. This is a serious and important decision and should not be taken lightly. At Snyder & Snyder we realize the importance of this decision and are here to assist you in process.
At Snyder & Snyder, we are experienced medical malpractice lawyers and we handle all aspects of our clients claims. We have over 30 years of experience and the results to back up all of our claims. We have some of the largest verdicts and settlements in Maryland history, including the largest verdict in Maryland in both 2009 and 2002. When you call Snyder & Snyder, you speak directly with an attorney and the partners are also always available to speak with you as well. We take great pride in communicating with our clients so they keep informed and updated of all aspects of their case.
If you have questions or concerns please do not hesitate to contact us. We handle all serious types of Catastophic Injury and Medical Malpractice claims, such as Cerebral Palsy Litigation, Birth Injury Litigation, Spinal cord Litigation, Paralysis Litigation and Brian Injury Litigation. Call Our Experienced Medical Malpractice Lawyers now for a free consultation.
Written by Michael B. Snyder, Esq.
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Snyder & Snyder, Experienced Maryland Cerebral Palsy and Medical Malpractice Lawyers
February 5th, 2010
Often times, the law regarding medical malpractice claims in Mayland and when you can file these claims becomes confusing. Please don’t hesitate to call or email us if you have questions regarding your potential medical malpractice claims. We are experienced Medical Malpractice Lawyers and we are here to advise you on your potential claims. The Law gets even more confusing when you are dealing with a child suffering from a disability or condition such as cerebral palsy.
Some people believe that if a cerebral palsy related medical malpractice suit is not filed shortly after birth, then there is no case. This is not correct. The time in which someone has to file suit in a medical negligence or malpractice case is governed by whats known as the statute of limitations, which is different among the states. In Maryland, for example, the parents of a child injured from medical malpractice generally can file their case up to three years from the date the injury was discovered, but no more than five years from the date the malpractice was committed. Children in Maryland, however, have a longer time to file suit. In general, a child has until his/her 21st birthday to file a medical malpractice suit. There are exceptions to these rules, however, which may limit or extend the time to file suit, so you should always speak with a qualified cerebral palsy lawyer to determine the statute of limitations for your case. Even if these guidelines dissuade you or your loved one from filing suit, you should check with us anyway, just to be sure. Please call or email the experienced Maryland Cerebral Palsy and Medical Malpractice lawyers at Snyder & Snyder today to discuss your legal rights.
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Some Simple Statistics on Medical Malpractice
January 15th, 2010
What is medical malpractice?
Medical Malpractice occurs when an injury or death is caused by a doctor or other health care professional who has failed to meet the standard of care.
What are the statistics on medical errors?
According to the November 1999 report of the Institute of Medicine — medical errors are the eighth leading cause of death in this country—higher than motor vehicle accidents (43,458), breast cancer (42,297), or AIDS (16,516). About 7,000 people per year are estimated to die from medication errors alone—about 16 percent more deaths than the number attributable to work-related injuries.
Where do medical malpractice errors occur?
Errors occur not only in hospitals but in other health care settings, such as physicians’ offices, nursing homes, pharmacies, urgent care centers, and care delivered in the home.
If you believe that you or a loved one has been the victim of medical malpractice, the Lawyers at Snyder & Snyder may be able to help you obtain financial compensation. Please review our website for additional information and email or call us at your convenience.
Written by Jesse E. Cox, Esq.
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Technology in the Courtroom – How to Take on a Giant and Win $150 Million
January 15th, 2010
Although there is no substitute for good lawyering, technology plays a key role in the courtroom and pre-trial preparation. With the implementation of the right technology at the right time, it can mean a difference of winning 150,000 or 150,000,000. During our recent trial against oil giant ExxonMobil, not a day went by, where technology did not play a significant role in our trial prep and 6 month trial in Baltimore County. There are different programs and tactics that are used to make sure that the technology imputed does not hinder your case but rather help you hit a home run.
In our pre-trial work, in depositions and trial prep, we used a program called Sanction which allows us to work with documents and videos, highlighting, editing and producing them in a way that is not only clearer to the witness but helps the jury ultimately understand what is being talked about. We had thousands of documents and exhibits on multiple pages, so the magnifying and highlighting aspects of sanction helped immensely to make documents more easily legible for the jury. With the use of the Multi-Screen Tool, we could show various documents next to each other for comparison. Powerpoint is also a great program, more familiar to most people, that works in conjunction with Sanction allowing us to make video clips with captioned rolling text underneath the picture. This gives the jury a reason to listen and watch the video instead of falling asleep. Engaging the jury in this manner makes a difference in getting a verdict you are embarrassed about or a verdict that is the largest in the state! After years of preparation and a trial lasting almost six months, we received a $150 million verdict against ExxonMobil, the world’s largest corporation, on behalf of our clients, in this MTBE (methyl tertiary butyl ether) groundwater contamination case. This was the largest jury verdict in Maryland in 2009 and it was in part, thanks to the amazing technology we used prior and during the trial. Other forms of technology are the use of graphics, animations, and document management as well as the hardware to show off your hard work such as monitors, plasma screens, projectors and computers. Stay tuned for next week’s blog when we will discuss the use of animations in trial presentation
Written by Daniel J. Miller, Esq.
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Snyder Litigation Team in the Midst of its next Billion Dollar Case
January 15th, 2010
Lederman. v. Prudential Life Insurance Co., et al. – We currently represent 73 New Jersey plaintiffs in a consolidated action against Prudential for engaging in discriminatory and illeglal practices. The common thread among the Plaintiffs is that they all have employment-related claims against Prudential, including race and gender discrimination, sexual harassment and other claims stemming primarily from the agents being coerced to avoid selling insurance (property and casualty) to applicants of minority and ethnic backgrounds, or to applicants who lived in predominantly minority areas. In addition to the discrimination that they endured while employed with Prudential, the plaintiffs were further victimized when Prudential paid off Leeds Morelli & Brown (“LMB”) (the New York law firm formerly retained by the plaintiffs in late 1998/early 1999) to dispose of their cases for a fraction of their true value. Specifically, it is alleged that Prudential paid LMB a $5 million advance payment, $4 million of which was non-refundable, in exchange for LMB’s commitment to reign its clients into an alternative dispute resolution process and forfeit their rights to litigate their claims in a court of law.
For strategic reasons, our firm dismissed claims against LMB and is now only pursuing claims against Prudential.
Written By Tomeka Church, Esq.
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