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From 2003 to 2015, 3M Company manufactured and sold Combat Arms Earplugs to all four branches of the U.S. military. The earplugs were meant to block or cancel loud noises that could lead to hearing loss and tinnitus, a serious medical condition that causes a person to hear a constant roar/buzz noise.

Unfortunately, the earplugs 3M sold were too short for proper insertion into many users’ ears and the earplugs gradually and subtly loosened until they were no longer effective. As a result, thousands of service members were exposed to loud noises over years of service and have suffered hearing loss and developed tinnitus.

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Following a jury trial in the Circuit Court for Baltimore City against The Baltimore Hotel Corporation, Bekman, Marder, Hopper, Malarkey & Perlin, LLC lawyer, Jeff Quinn, obtained a $584,643.00 verdict.

The plaintiff in the case was a thirty-nine year old woman, who attended a Women’s Business Enterprise National Council (WBENC) convention in Baltimore City in 2013.  After the convention had concluded for the day, she was networking in the lobby bar of the Hilton Baltimore Hotel on Pratt Street.  While talking with a prospective client, a hotel server who was not paying attention, knocked her over, causing her to fall and strike her head on the tile floor.  BaltimoreHilton-768x512-300x200

This head trauma caused significant injury, resulting in serious impairment of her memory, focus, and concentration.  These impairments greatly affected her ability to function professionally and personally.  As the CEO of her own IT company, she was unable to manage the company at the level she previously could.

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After a two-week jury trial, BMA Lawyers Aaron Moore and Jeff Quinn obtained a $2,596,589 verdict in Fairfax County, Virginia.

The case involved a 33-year-old woman diagnosed with an enlarged lymph node and Lyme’s disease.  In fact, both diagnoses were incorrect.  A general surgeon in 2011 found that the patient did not have an enlarged lymph node In March 2011 and a subsequent CT scan confirmed that finding. Fairfax-Circuit-Court-300x156

The patient was referred to an ENT surgeon who, nevertheless, recommended a lymph node biopsy in August 2011.  While performing the procedure, the surgeon cut across her spinal accessory nerve, an important nerve that supplies the neck and shoulder muscles.

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In an 82-page opinion yesterday, a federal judge permitted the claims of more than 800 Guatemalan victims of non-consensual human experimentation, represented by Bekman, Marder, Hopper, Malarkey & Perlin, to proceed against Defendants, Johns Hopkins, The Rockefeller Foundation, and BrEthically-Impossible-200x300istol-Myers Squibb.

The Plaintiffs’ class action claims arise from human experiments conducted in Guatemala in the 1940s.  The victims, including children, soldiers, prisoners, and individuals in asylums, among others, were intentionally infected with syphilis and other venereal diseases in order to study how those diseases were transmitted and spread.  The experiments were sponsored by the U.S. government, but Plaintiffs allege that the design and implementation of the experiments was entirely the work of non-governmental physicians, namely, high-ranking senior doctors and decision makers at Johns Hopkins Hospital, The Rockefeller Foundation, and Bristol-Myers Squibb in the 1940s.

In 2010, the U.S. government formally apologized for its role in the experiments, but the private organizations have never apologized. They do not dispute that their doctors were involved in planning and overseeing the experiments, but have denied that the institutions or doctors actively participated in the non-consensual experiments themselves.

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Bekman, Marder, Hopper, Malarkey & Perlin and pharmacist-attorney, Aaron L. Moore have filed one of the first lawsuits in the country against Insys Therapeutics, Inc.  BMA is also investigating additional similar lawsuits.

If you or someone you know has been prescribed the powerful narcotic Subsys, also known as oral Fentanyl spray, call us now at 410-539-6633.

Subsys is a medication that is 100 times more potent than morphine.  It is a fentanyl-based opioid mouth spray intended to treat cancer patients suffering intense episodes of breakthrough cancer pain.  Subsys should not be prescribed to patients who do not have cancer, but we have found there are many doctors prescribing it to patients off-label, who do not have cancer.

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Bekman, Marder, Hopper, Malarkey & Perlin is proud to announce the nomination of six of its lawyers to the 2017 Maryland Super Lawyers list.  Dale Adkins, Paul Bekman, Laurence Marder, Wendy Shiff, and Ryan Perlin have been named to the 2017 Maryland Super Lawyers list and Emily Malarkey has been recognized on the 2017 Maryland Super Lawyers Rising Stars list. Super-Lawyers

The 2017 edition of the Maryland Super Lawyers magazine uses a patented multi-phase selection process to create its lawyer ratings.  Winners must receiving peer nominations from other attorneys and be qualified by third-party research across twelve categories conducted by an attorney-led research team.  The result is a Super Lawyers list that includes only up to 5 percent of the lawyers in a state and a Rising Stars list with no more than 2.5 percent of eligible lawyers.

Bekman, Marder, Hopper, Malarkey & Perlin is proud of its representation on this list and of all of the high-quality of lawyers at this law firm.  BMA handles complex cases of catastrophic injury caused by medical malpractice, legal malpractice, personal injury, birth trauma, products liability, maritime, and business litigation.  We represent the individuals and families affected by the negligence of others.

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Please join Bekman, Marder, Hopper, Malarkey & Perlin in congratulating partners Emily Malarkey and Dale Adkins, who recently obtained a $1,017,000 verdict on behalf of our client, who underwent an unnecessary major thoracic operation, suffered a herniation of lung tissue through his ribcage as a result, required another major surgical repair five years later, and experienced a painful and difficult case of post-thoracotomy pain syndrome.

Our client’s medical misadventure began when his radiologist improperly diagnosed him with a “wide mouthed” hernia of the diaphragm.  Our client never had a hernia, which the radiologist admitted during trial.  However, the radiologist presented testimony at trial that in Cecil County, the term “wide mouthed hernia” is used synonymously with the medical condition known as an “eventration.”  The problem is that a hernia is a condition requiring surgery, but an eventration is not.  Our client’s surgeon relied upon the radiologist’s diagnosis of hernia and proceeded with the wholly unnecessary surgery.

All issues were hotly contested at the trial, which involved testimony from ten physicians and a number of fact witnesses.  Trial lasted ten days and the jury deliberated for eight hours over the course of two days.  The jury’s verdict of $1,017,000 compensated Malarkey and Adkins’ client for his past medical expenses, past lost wages, and the pain and suffering he has unnecessarily had to endure.



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Please join Bekman, Marder, Hopper, Malarkey & Perlin in congratulating partners Dale Adkins and Emily Malarkey, who recently obtained a $575,000 verdict on behalf of the family of Jane Burkart, who died in 2012 of complications of a massive internal hemorrhage.

75-year old Jane Burkhart had recently been admitted to the hospital for a deep vein thrombosis and was prescribed several different blood thinners. A few days after her discharge, she presented to the E.R. at Carroll Hospital Center by ambulance in the middle of the night, complaining of severe, 10/10 hip and groin pain. She is described in the medical record to have been moaning in pain and to have “uncontrolled” pain despite multiple doses of narcotic pain medication. She was assessed by a physician assistant, who diagnosed her with musculoskeletal pain without performing any imaging study. She was discharged to a nursing home by a physician 10 hours after she arrived. Eighteen hours later, she was back in the E.R. in hemorrhagic shock from a massive retroperitoneal hematoma. She was resuscitated, but never fully recovered, and died 6 weeks later.

The trial lasted 6 days and the jury deliberated for 9 hours over the course of two days. There was no offer of settlement at any time.

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In the last two weeks, Volkswagen has admitted that it sold 11 million cars with so-called “Clean Diesel” engines worldwide that were equipped with software allowing them to cheat emissions tests.  Below are five things you need to know:

  1. What did Volkswagen do?

Independent automobile researchers report that Volkswagen sold 11 million diesel cars that produced as much as 40 times the E.P.A. allowed limit of nitrogen oxide, a pollutant that contributes to respiratory problems including asthma, bronchitis, and emphysema. The software and devices installed by Volkswagen were programmed to detect when one of its cars was undergoing an emissions test and it triggered equipment that would reduce emissions to legal levels for the duration of the emissions test.

  1. How did this happen?

Experts say that by the middle of the last decade, it became clear that Volkswagen’s old, less advanced diesel engines could not meet tougher American emissions standards, particularly in California. While Volkswagen made promises of selling “clean” diesel vehicles with ever greater power and fuel economy, its engineers worked on ways to reduce emissions. However, despite Volkswagen’s initial optimism, its engineers could not figure out how to design a catalytic system that would scrub enough nitrogen oxide from the cars’ exhaust. While some diesel car makers used a system that injected a derivative of urea to reduce emissions, Volkswagen concluded that would be too expensive. Other approaches they tried resulted in reduced vehicle performance. When the time came for Volkswagen to begin manufacturing the “clean” diesel vehicles it had promised, it incorporated a defeat device rather than sell cars with lower performance or a more expensive exhaust system.

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Following a four-week jury trial, SCBMA Partners Paul D. Bekman and Wendy L. Shiff obtained a verdict on behalf of their clients in a medical malpractice case tried in the Supreme Court of Dutchess County in Poughkeepskie, New York.


Dutchess Supreme and County Court, Poughkeepskie, New York

Bekman and Shiff represented  a resident of Dutchess County who underwent a cardiac catheterization and stent placement at a Dutchess County Hospital.  Following the procedure, nurses at the hospital failed to recognize that the patient was exhibiting signs and symptoms of a stent re-occlusion and myocardial infarction (heart attack).  No EKG was performed, nor was a physician contacted about the patient for approximately 6 hours.  As a result of the dely, the client sustained significant heart damage necessitating a heart transplant.