Articles Tagged with negligence

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On June 10, 2015, Partners Michael P. Smith and Ryan S. Perlin obtained a Plaintiffs’ verdict on behalf of their clients in a negligence case tried in the Circuit Court of Montgomery County in Rockville, Maryland.


Rockville, Maryland

Smith and Perlin represented a young man with emotional and behavioral disabilities, who was a resident at a residential treatment center which specialized in providing psychiatric treatment for adolescents.  When the plaintiff was fifteen years old, staff members improperly physically restrained him in violation of applicable deescalation and restraint guidelines.  As a result, the plaintiff suffered detached retinas in both eyes.  He required eight subsequent retinal and corneal operations to repair the detachments and cataracts that developed subsequently.  Even with corrective lenses, his vision will never be 20/20, which is what it was before his injuries.

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Maryland’s Court of Appeals recently ruled that a trial court judge did not abuse his discretion in excluding the standard of care testimony of a plaintiff’s expert pharmacist in an informed consent case involving the cancer treatment drug Amifostine.  The Court of Appeals majority opinion in Shannon v. Fusco overturned a previous ruling by Maryland’s intermediate appellate court that held the pharmacist’s testimony should have been admitted.

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