Inside MAJ

Considerations in the Purchase of Personal Residences for Beneficiaries Living with a Disability

noreply@blogger.com (Maryland Association for Justice, Inc.) — Mon, 14 May 2018 19:47:00 +0000

By Erin Sunday, CTFA
Vice President - Senior Special Needs Trust Services Advisory Specialist
Wells Fargo Wealth Management

Having a safe, comfortable, and appropriate living arrangement is important to an individual living with a disability and can lead to a higher quality of life. The decision to purchase or build a residence to be owned by a trust should be the result of a collaborative discussion between the beneficiary and the Trustee.

There are many considerations in the process of purchasing a home for a beneficiary. The first step is to determine an appropriate budget for the acquisition which includes the purchase price, transactions costs, any renovations required to accommodate the special needs of the beneficiary (i.e. the construction of an accessible bathroom, ramps, flooring, elevators, structural changes), the on-going carrying costs of the residence (e.g. real estate taxes, homeowner’s insurance, maintenance, HOA dues), ensuring the budget does not impact the ability to provide for other needs of the beneficiary over time, and any requirements of the trust document, state law, public benefits regulations, and/or court oversight.

As a best practice, it may be helpful to have an assessment completed by a care manager to help ensure any proposed home meets the needs of the beneficiary. It is also important to discuss with the beneficiary (and anyone else living in the residence) what the expectations are surrounding the payment of utilities, general maintenance of the property (e.g. mowing and leaf and snow removal), and if there is a requirement for rent to be paid by any non-beneficiary residing in the home. The ability of the school district the home is in to provide for the needs of the beneficiary should also be considered.

The Trustee’s role after the residence is purchased does not diminish. The Trustee must ensure that all real estate taxes are paid, proper insurance coverage on the residence is maintained, any and all contractors are licensed and insured, and that the home continues to meet the needs of the beneficiary.

A best practice can be use of an Occupancy Letter between the Trustee and the beneficiary and/or other family members living in the home. The letter can clearly define the roles and responsibilities of each party (financial and maintenance), who will be living in the home including pets, how home ownership may impact an individual’s public benefits, and outlines who to call in case of an emergency.

While the purchase of real estate from a trust does require careful consideration, providing a personal residence can be an important part of helping create a better life for an individual living with a disability.

Investments in securities and insurance products are: NOT FDIC-INSURED/ NOT BANK-GUARANTEED/ MAY LOSE VALUE. Wells Fargo Wealth Management provides products and services through Wells Fargo Bank, N.A. and its various affiliates and subsidiaries. Wells Fargo Bank is the banking affiliate of Wells Fargo & Company.

This article was written and provided courtesy of Erin Sunday, Vice President - Senior Special Needs Trust Services Advisory Specialist, Wells Fargo Wealth Management of Camp Hill, PA at 717-730-3383.

Will a Settlement Affect Disability Benefits?

noreply@blogger.com (Maryland Association for Justice, Inc.) — Thu, 08 Mar 2018 12:52:00 +0000

By Joanna Seidman Wynes, Esq.

Settlement Planner, The Settlement Alliance

joanna@settlement-alliance.com/443-326-2549

When a disabled individual anticipates receiving a recovery in a personal injury settlement, questions often arise about existing disability benefits. Will accepting money from an injury settlement affect a claimant’s disability benefits? Is the type of disability benefit relevant? Keep reading to find out.

SSDI vs. SSI: What is the difference?

There tends to be some confusion surrounding Social Security Disability (SSD or SSDI) and Supplemental Security Income (SSI). It is important to distinguish between the two, because not only does each have unique eligibility requirements, but the manner in which they are viewed when it comes to settlement is vastly different.

Social Security Disability (SSD/SSDI) benefits are available to disabled individuals who have worked and contributed to the Social Security trust fund via FICA tax. In some instances, a disabled individual may receive SSDI benefits as the result of Social Security contributions from their spouse or their parents. SSDI is considered an “entitlement benefit.”

Supplemental Security Income (SSI) is a federally funded supplemental income program that provides financial assistance to low-income disabled, blind, and aged individuals. SSI is considered a “needs-based” government benefit.

How does a settlement affect each of these benefits?

Individuals who receive Social Security Disability (SSDI) have essentially met eligibility requirements by paying into the social security system and by being classified as disabled by the Social Security Administration’s standards. A personal injury settlement will not affect SSDI benefits; however, a workers’ compensation indemnity settlement may impact these benefits as discussed in further detail below.

On the other hand, one of the main eligibility requirements for Supplemental Security Income (SSI) is an asset test. In fact, assets as low as $2000 can disqualify an individual from receiving SSI benefits ($3000 if married). Accepting a cash settlement would likely disrupt SSI eligibility.

Strategies for Protecting SSI Benefits

Many disabled individuals who are involved in personal injury settlements find the loss of government benefit eligibility catastrophic. Necessary expenditures such as surgical procedures, prescription medications, therapy, home modifications, and skilled nurses can quickly eat up settlement proceeds. Most simply cannot afford to lose access to their needs-based government benefits.

A special needs trust (SNT) is a type of trust specifically reserved for disabled individuals that allows them to access their settlement proceeds within the trust to pay for their needs. At the same time, by placing settlement proceeds into an SNT, a disabled person may be able to preserve their eligibility for SSI benefits.

SSDI and Workers’ Compensation Benefits

It is important to note that if the injury or illness is work-related, workers may not be eligible to receive the full amount of SSDI benefits and their full workers’ compensation benefits simultaneously. Social Security will calculate the reduction of SSDI benefits, called an “offset,” based on a combination of factors that may vary by state. Diverting a portion or all of the settlement proceeds into a structured settlement annuity may help a workers’ compensation claimant minimize the impact of a reduction in SSDI benefits.

In Conclusion: Be Mindful of Timing

To help prevent the loss of benefit eligibility, the full scope of a claimant’s government benefit eligibility should be determined as early as possible in the settlement process. Furthermore, the earlier the claimant is presented with their various options for settlement, the better chance they have of making informed decisions that will help them preserve both their settlement and their government benefit eligibility.

Joanna Seidman Wynes, Esq. and The Settlement Alliance are proud Platinum Sponsors of Maryland Association for Justice. The Settlement Alliance provides comprehensive settlement planning services including structured settlements, trust planning, government benefit preservation, attorney fee deferrals, qualified settlement fund & claims administration, lien resolution, Medicare Set-Asides, non-qualified settlements, and bankruptcy & probate coordination. For more information, visit www.settlement-alliance.com or contact Joanna at joanna@settlement-alliance.com/443-326-2549.

Maryland Association for Justice Announces New Executive Director

noreply@blogger.com (Maryland Association for Justice, Inc.) — Thu, 14 Sep 2017 19:17:00 +0000

Maryland Association for Justice Announces New Executive Director

Contact: Elisha N. Hawk, MAJ President, ehawk@medicalneg.com

The Maryland Association for Justice (MAJ) is pleased to announce that its Board of Governors has unanimously approved a transition in leadership at the association. Alison Dodge, who has been serving as MAJ’s Interim Executive Director since May, will become Executive Director, effective immediately.

Ms. Dodge is an experienced association professional who has been with MAJ for four years, previously as Director of Membership and Communications. Since joining MAJ in 2013, Ms. Dodge has advanced numerous organizational initiatives, including expanding member services, improving communications, and diligently working with MAJ’s volunteer Sections and Committees to move the organization forward.

“The Board has been thoroughly impressed by the confidence, passion, and leadership Alison has shown at MAJ,” said Elisha Hawk, MAJ President. “As we celebrate our 63rd anniversary as an organization dedicated to improving the civil justice system, we look forward to working with Alison to advocate for the values upon which MAJ was founded.”

Before joining MAJ, Alison served as Director of Communications and Membership for Maryland Nonprofits, as well as in leadership roles at the Community Foundation of Howard County and Jewish Community Services. She is an active member of the National Association of Trial Lawyers Executives and the American Society of Association Executives. Alison has become known for her poise, her dedication to forwarding MAJ’s mission, and her ability to successfully communicate and work with MAJ’s donors, sponsors, and members across the state. She holds a Bachelor of Arts in Political Science from the University of Maryland Baltimore County.

On behalf of the officers, board of governors and staff, we are all looking forward to this new chapter in MAJ’s rich history.

##

About the Maryland Association for Justice

Originally founded as the Maryland Trial Lawyers Association in 1954, the Maryland Association for Justice (MAJ) is the preeminent specialty bar association in the state representing plaintiff attorneys and those that work to uphold the civil justice system. MAJ represents over 1,200 trial attorneys throughout the state of Maryland. MAJ advocates for the preservation of the civil justice system, the protection of the rights of consumers and the education and professional development of its members. You can follow MAJ on Twitter (@mdforjustice) or LinkedIn, or become a fan on Facebook at Facebook.com/mdforjustice.

Bad for Business: Using Free Email - Hotmail, Yahoo!, Gmail, etc.

noreply@blogger.com (Maryland Association for Justice, Inc.) — Wed, 06 Sep 2017 13:08:00 +0000

By Ray Smith, JustRight Technology

Sure it’s free, but you often get what you pay for. Consider:

Hackers Love Free Email Accounts
Hackers focus on free email accounts like Gmail, Hotmail and Yahoo! because they are millions of users. They use automated to tools to attempt to guess passwords on thousands of accounts every day. And if hackers gain access to your email account, they can use it to send scams, spam, and worse to your list of contacts. How would that look to clients, vendors, and business associates?

Free Email Says “Unprofessional” to Prospective Clients
It has become expected to have a domain name for your business. If you’re using a free email service you might be sending the wrong message to colleagues, clients, and potential clients:
 Your company cannot afford a domain name and a professional website with email
 The email you sent is coming from your personal email account and not your business account
 You are not organized or professional enough to get a domain name for your company
 You are not concerned with privacy

Your Email Is Likely to be Mistaken as SPAM
Most SPAM filters these days are looking for free email account email addresses like Hotmail, Gmail or Yahoo!. The reason is that spammers typically use free email accounts to send spam. It is easier to setup a free email account and it doesn’t cost them a dime.

You Are Missing Out on a Valuable Marketing Opportunity
When you use your company’s domain name in your email, you’re continually presenting your company name over and over again. If you use a free email service like Gmail, you are essentially putting a sign for somebody else’s business over your front door. In other words, you are advertising for Gmail and not your own business.

Conclusion
It’s not expensive to purchase your own domain name. If you already own a web site, you already have a domain name! It’s not expensive to set up a professional email service to use your domain name. I use and recommend Microsoft Office 365 business plans. They’re month to month, professional, and include anti-spam. Search the web for “Office 365 business plans” to see pricing on Microsoft’s site. Your current email, contacts, and calendars can be migrated and your old free address forwarded, so you don’t lose anything. And it’s easy to have your email, contacts, and calendars perfectly synced with all of your devices: smart phones, iPads, and/or tablets. You end up safer, look more professional, are more efficient, and more “future proof”.

About the Author
Ray Smith is the founder and CEO of JustRight Technology, an approved Microsoft Cloud Services Provider. JustRight focuses on helping 5 to 50 user law firms with computer systems advice and support, and cloud and VoIP solutions. If you’d like help, or just have questions, visit JustRight at http://www.justright.com, call Ray directly at 443-478-4298, or email him at rsmith@justright.com.

California Woman Sues Johnson & Johnson, Claims Company Failed to Warn that Talcum Powder Products may be Linked to Ovarian Cancer

noreply@blogger.com (Maryland Association for Justice, Inc.) — Mon, 10 Oct 2016 14:00:00 +0000

The Yost Legal Group recently published a blog post about how talcum powder from every day products made by companies like Johnson & Johnson may contribute to ovarian cancer. The article goes on to say:

"Thousands of pending lawsuits against Johnson & Johnson allege that the company failed to warn their customers about the potential link between regular use of talcum powder for feminine hygiene purposes and an increased risk of developing ovarian cancer. The most recent talcum powder ovarian cancer case against Johnson & Johnson began this week in St. Louis, MO."

You can read the full article here!

Heads up, drivers: New laws take effect in Maryland on Saturday

noreply@blogger.com (Maryland Association for Justice, Inc.) — Thu, 29 Sep 2016 16:00:00 +0000

Washington Post came out with a recent article on new laws that affect DUI & DWI charges.

"Get ready, Washington-area drivers. Maryland has some new driving laws on the books, starting Saturday:

Noah’s Law: Named after Montgomery County police officer Noah A. Leotta, who died after being hit by a drunk driver, the law expands the use of ignition interlock for impaired motorists and significantly increases the driver’s license suspension period. An ignition interlock prevents a vehicle from starting if it detects a certain level of alcohol in the driver’s breath and retests the driver at random points while driving." Read the full article here!

Congratulations to Emily Malarkey & Dale Adkins!

noreply@blogger.com (Maryland Association for Justice, Inc.) — Mon, 26 Sep 2016 14:05:00 +0000

Congratulations to MAJ members, Emily Malarkey and Dale Adkins, on receiving a successful verdict for their client: an auto mechanic who was misdiagnosed and underwent a major operation and consequently suffered more pain.

Glickman Design Build Congratulates Regan Zambri Long

noreply@blogger.com (Maryland Association for Justice, Inc.) — Mon, 12 Sep 2016 16:30:00 +0000

GlickmanDesign Build congratulates the law firm of Regan Zambri Long on their recent $6.4 million victory over Walmart in Montgomery County, MD. Glickman was appreciative of the opportunity to contribute as an expert witness helping to win almost $1 million for the client for home modifications that provide wheelchair accessibility.

Russ Glickman

Russ Glickman, Founder of Glickman Design Build, has vast experience performing home accessibility expert witness work for attorneys and their clients dealing with personal injury claims. Russ is called upon regularly by some of the most prestigious law firms in the area. He can help prove costs to modify a home for someone who is wheelchair bound as a result of an injury, as well as serve as an expert witness for wheelchair accessible home assessments, modifications, conversions, and home redesigns potentially adding hundreds of thousands of dollars to expert witness cost reports. Russ can also assist with case reviews and depositions, ensure proper valuations and provide courtroom testimony for attorney’s clients, as he did in the Walmart case with Regan Zambri Long.

“Not only did Russ Glickman help us in winning almost $1,000,000 for accessible home modifications but his impact was felt on the entire case,” said President and Senior Partner, Patrick M. Regan. “He was certainly a tremendous asset to have on our side not only on this case, but others as well.”

What The Attorney & Their Clients Need To Know About Scars

noreply@blogger.com (Maryland Association for Justice, Inc.) — Thu, 04 Aug 2016 13:30:00 +0000

Scars are a normal consequence of wound healing. Frequently, scars are often “an issue” when an attorney evaluates damages in a medical/legal form. Scars are commonly characterized by definition concerning the depths of the elevated tissue, pigment shape, and orientation. Although scars often improve with time, the human body may yield abnormal scars. These subtypes are called “hypertrophic scars” or “keloids.” Hypertrophic scars may be raised and red, and distort adjacent body parts. Keloidal scars grow beyond the zone of injury.

Multiple factors influence the ultimate quality of the resultant scar. Certainly, a history needs to be taken as to the mechanism of the trauma. An avulsion, where there is loss of tissue, would be a more problematic scar than a “simple” cut. Furthermore, the region of the body where the wound lies is quite important. Certain areas, such as the shoulder or sternum, frequently widen and become raised above the surrounding skin. This is possibly due to high skin tension in all directions in these anatomic sites. If a wound follows a relaxed skin line, a more optimal cosmetic or functional result will become evident. Multiple smaller scars heal better than one long straight scar. Smaller scars are not subject to a “bowstring” effect of a longer scar.... (Click to Read Full Article)

Human Error – Expert Article Examining the Role of Human Factors

noreply@blogger.com (Maryland Association for Justice, Inc.) — Tue, 12 Jul 2016 14:00:00 +0000

Human error is estimated to cause 94% of all vehicle crashes and between 75% and 95% of all industrial accidents. With such high estimates of human error in accidents, human factors is often a critical consideration in legal disputes.

Human factors experts have specialized knowledge of human capabilities and limitations and how humans interact with technology and the environment. They analyze the design, operation, maintenance, and use of products, systems, and environments to determine what proper design measures, if any, were taken into account by a product manufacturer or what proper operational measures were taken by an employer to minimize human error. Human Factors experts are also frequently retained to evaluate the actions of individuals within particular.... (Click to Read Full Article)

Kinematics, Part 2

noreply@blogger.com (Maryland Association for Justice, Inc.) — Tue, 28 Jun 2016 14:08:00 +0000

By Dr. James Beauchamp, Multi-Specialty HealthCare

When cars collide at commonly experienced speeds, the entire event is over in around a third of a second. In our culture this happens routinely, but from an evolutionary perspective it is a freak occurrence. The human body evolved to run and jump and lift and carry in a completely natural environment. Feet were never designed to walk on completely flat, level surfaces, for where can such be found in nature? In an artificial machine based situation such as a car accident, the forces involved are grossly excessive to the design tolerances of our bodies. A third of a second impact happens so fast that your brain remains uninformed of its occurrence until it is already over. We therefore have no ability to meaningfully react to an unexpected car accident once the collision occurs.

Since human reactions aren’t a factor, let us consider how the energy of a collision affects the human frame. Physical blows to the body cause cavitation of the tissues in much the same way that water splashes away from your hand when you slap its surface. The striking object gives up its energy and decelerates just as the struck object absorbs the energy and accelerates. Take a look at this video of a punch to the body. Did you see how the skin rippled away from the blow? That was energy spreading through cavitation, as the molecules and even organs of the body are accelerated away from the direction of the blow. The impact of the driver’s seat into the low back and pelvis of an unexpecting driver acts much like the hand of a giant slapping him from behind. His flesh will, in effect, splash away from the impact. This is called cavitation.

There are two types of cavitation: permanent and temporary. In permanent cavitation such as occurs in a gunshot wound, a visible hole or tear is generated somewhere in the body. The aorta, for example, can be severed, the spleen ruptured or the liver lacerated, all without body being pierced. In a garden variety car accident such as the one we have been discussing, the cavitation is temporary. Tissue is torn to be sure, but it is at the microscopic level and is laced throughout the involved muscles, tendons and fascia. There is generally no sign of this type of injury initially, and many times the hospital records show a paucity of examination findings. As I noted in a previous post dealing with the concept of delayed soreness after injury, the true extent of injury may not be apparent for several days.

The force of a rear impact accident will cause the drivers seat to rapidly accelerate the bony pelvis forward. The pelvis will in turn slam into the rearmost abdominal and pelvic organs, causing them to strike other tissues. This expanding field of energy causes mostly compressive cavitation. It is also common for the posterior elements of the cervical spine, upon initial movement, to be compressed. Facet fractures, cartilage damage, capsular tearing and posterior disc crushing are potential sequellae for posterior cervical compression. However, in the neck most of the cavitation will be distractive in nature. The human head has a weight roughly equivalent to a bowling ball and, after striking the headrest, the combination of mass and acceleration will induce a rapid overstretch. This rapid forward acceleration will cause distractive cavitation (tearing) of soft tissues as they absorb the head’s newfound kinetic energy.

At this point in the collision, the body has absorbed a tremendous amount of the energy of the accident. The problem now is the differing velocities of the car vs. the driver. The lighter driver usually accelerates rapidly even as the vehicle slows. Please reference this video. Forward movement will be stopped by the structures of the interior of the vehicle. Most people wisely use seatbelts with a shoulder harness to stop their forward movement in the event of an accident. Since seatbelts have been mandatory in some form since the 1960’s, there has been a virtual invasion of these body catchers within the automobile industry. Seatbelts exact their own toll because they cause crush injuries to the anterior portions of the trunk that they come into contact with. Seatbelts also increase injury to the neck by stopping forward trunk motion before the head slows down, thereby adding a further rotational vector to the not inconsiderable load that the head exerts upon the tissues of the neck. This is better than planting your face into the windshield but is not ideal, which is why airbags were invented. In a rear end collision the airbags do not usually deploy, however,leaving us with only the seatbelt to stop the body’s forward motion. Compressive anterior thorax cavitation and aggravated distractive cervical cavitational tearing are the result.

To summarize, a moment of inattention while driving may cause an accident that can not only generate significant property damage, but a whole host of injuries ranging from mild to lethal and everywhere in between. Soft tissues are damaged in blunt force trauma via cavitation as they are accelerated into and away from each other. Common rear-end motor vehicle impacts cause soft tissue injuries which are often either undetectable at the Emergency Room or appear far less severe than they actually are.

Dr. James Beauchamp is a Multi-Specialty HealthCare provider specializing in Chiropractic Care. He is certified in spinal trauma, manipulation under anesthesia, and as an automobile accident reconstructionist. He is also a member of the advisory board for Operation Backbone.

Kinematics, Part 1

noreply@blogger.com (Maryland Association for Justice, Inc.) — Mon, 06 Jun 2016 19:24:00 +0000

By Dr. James Beauchamp, Multi-Specialty HealthCare

For the purposes of this article kinematics will be roughly defined as that chain of events which transfers energy from a moving motor vehicle into the body of the driver of another vehicle through a motor vehicle collision (MVC). This transfer of energy is what causes the injuries sustained in an MVC. A spinal sprain or strain (i.e. whiplash) can only occur if energy is put into the spine which results in an over stretch or too rapid a stretch of the tissues. In other words, flesh must be put into motion. We will trace the path of the energy from one vehicle into the body of the driver of another vehicle rear-ended at a stop light. In another article, we will delve into exactly how the energy causes injury to the driver of the stopped vehicle.

There are a few physics concepts that we must keep in mind. When I speak of the energy of the striking car I am referring to its kinetic energy (KE). Mathematically it is expressed as half of the mass of the car multiplied by the square of its velocity. The relative difference between the speed of the two vehicles increases impact energy more than the size difference between them. Although size does matter. The next concept is Newton’s first law of motion, which states that a body at rest or in motion will remain in that state unless acted upon by an outside force. A car travelling at 80 MPH would remain moving at that speed forever unless its KE were to be dissipated through external forces such as the friction of the road, the passing air and internal mechanical friction. Energy transformation is the essence of Newton’s second law of motion: Energy cannot be created or destroyed, but only transformed from one form into another. For example, a car braking to a stop gradually and safely transforms its KE into the heat of the brake rotors. The energy potential of an explosive transforms into sound and a blast wave upon detonation.

Automobile manufacturers design their cars to absorb part of the collision energy in order to reduce the impact that the vehicle occupants will be subject to. The first line of defense is the structure of the car itself. Crush zones around the perimeter of the vehicle are designed to absorb part of the KE of the striking vehicle through material deformation. This leaves less energy available to accelerate both the struck vehicle and its occupants. There is a limit to this strategy because the space immediately around the passengers must remain intact lest the crush extend into the passenger compartment. That circumstance can result in a high level of lethality. In our scenario, vehicle 1 (V1) rear-ends vehicle 2 (V2) while v2 is at a stop. The rear portion of V2 is crushed, partly defusing the explosive energy of impact. But more than enough energy remains to savagely accelerate the frame of V2, to which is attached the driver’s seat and its unfortunate occupant.

Up to this point the driver of V2 has remained motionless (Newton’s First Law) in the milliseconds in which his vehicle has already been crushed and accelerated forward. As the seat begins to move forward with the frame, the driver remains motionless while the seat padding collapses and the seat back is forced rearward. Once the drivers own inertia is overcome the seat acts like a catapult, throwing the driver violently forward with the combined force of the seat rebounding and the kinetic energy of the frame as it accelerates. There is so much KE in a rapidly moving car that no amount of passive or active safety systems can completely absorb the entire force of impact. For that to happen, V2 would have to be encased in a concrete block, in which case, by Newton’s Second Law, all of the KE of V1 would be expended upon its own destruction. The net result is an energy transfer: The KE of V1 has been imparted to the driver of V2, who now has a different velocity than his own car. As noted earlier, force must be applied to human tissue for injury to occur. The stage has now been set for the driver of V2 to be injured.

I would like to point out one fact that I have so far avoided. Namely, how in the world did the driver of V1 fail to see a traffic signal, let alone another vehicle in the road blocking his path? One would suppose that any driver would exercise the utmost caution considering that a moving vehicle has the destructive potential of a small bomb, with all of the potential for property damage and human suffering which that implies. And yet this is the single most common injury scenario that I see in practice. Ones actions impact the lives of others, sometimes literally, which make this a moral, not just a legal or biological issue. We will examine the nature of this impact in the next article.

MAJ Legislative Update - April 2016

noreply@blogger.com (Maryland Association for Justice, Inc.) — Wed, 13 Apr 2016 13:22:00 +0000

Dear Members:

I am pleased to report that the Maryland General Assembly passed the following legislation, which is all headed to Governor Hogan's desk for his signature (as of the time of this writing, no vetoes are anticipated):

Copies of Medical Records - Fees (HB 724 / SB 462): This bill caps the cost of obtaining electronic medical records in an electronic format from any health care provider in Maryland at $80 plus a processing fee.

County Boards of Education - Limit on Liability (SB 575): This bill increases the hard cap applicable to claims against County Boards of Education from $100,000 per occurrence to $400,000 per occurrence.

First Party Bad Faith - Individual Disability Policies (HB 990): This bill expands the current "first party bad faith" process in the Maryland Insurance Administration to cover individual disability insurance policies (group disability policies are covered by ERISA and therefore pre-empted from state regulation).

STCA and LGTCA - Statute of Limitations and Notice Requirements (SB 356): This bill eliminates the notice requirement and the strict three-year statute of limitations for minor claimants under the STCA and LGTCA.

STCA and LGTCA - Certain Claim Requirements - Exception (HB 636 and 637 / SB 934 and 935): These bills eliminate the notice requirement in cases where, within one year of injury, the governmental defendant has actual or constructive notice of the claimant's injury, or the relevant defect or circumstances giving rise to the claimant's injury.

Structured Settlements - Transfers and Registration of Transferees (HB 535 / SB 734): This bill amends the Maryland Structured Settlement Protection Act, creating greater protections against the exploitation of individuals with structured settlements.

Many other legislative proposals that would limit or impair the civil justice system were killed through our efforts, while other legislative proposals that MAJ championed fell short.

Enhanced Uninsured Motorist Coverage (HB 667 and 1172 / SB 553): This bill would have allowed Marylanders to purchase "stacking" UIM coverage to protect themselves and their families.

Catastrophic Cap (HB 869 / SB 574): For the third year in a row, MAJ advocated in favor of a fairer cap on non-economic damages, and we are encouraged by the reception that this legislation is getting in key committees. Much more work remains to be done.

Maryland No-Fault Birth Injury Fund (HB 377 / SB 513): For the eighth time in 12 years, this legislative proposal again failed to garner a favorable committee vote.

Medical Malpractice Tort Reform (HB 606 / SB 565, 566 and 636): MAJ defeated all of these bills, which would have made it more difficult for the victims of malpractice to get justice in our courts.

In all, your MAJ Legislative Committee participated in about 150 hearings concerning 90 bills - and monitored the status of more than 100 other bills - during the 2016 Legislative Session.

A further update will be provided at the MAJ Annual Meeting on April 20 - sign up!

Thank you for everything you do to support MAJ.

Sincerely,

George S. Tolley III,

Chair, MAJ Legislative Committee

Dugan, Babij, Tolley & Kohler, LLC

Thank You to Back on My Feet Sponsors!

noreply@blogger.com (Maryland Association for Justice, Inc.) — Mon, 04 Apr 2016 14:50:00 +0000

Thank you to all of the amazing race sponsors from last week's Oldsfields Half Marathon, Relay & Kids K Powered by Back on My Feet!

MAJ Legislative Update - March 2016

noreply@blogger.com (Maryland Association for Justice, Inc.) — Fri, 04 Mar 2016 21:25:00 +0000

Dear Members:

The 2016 General Assembly Session has been very busy. MAJ's team of professional lobbyists has been working with our Legislative Committee on a broad and positive agenda, which is briefly outlined below:

Insurance Stacking - HB 667 (Barkley) / SB 553 (Astle)

These bills reform the auto insurance law to allow Marylanders to purchase insurance policies with stacking coverages, which would increase the available UIM insurance in every case where the tortfeasor has some, but not enough, liability coverage. The bill has been referred to a Senate workgroup, which will include MAJ and other stakeholders.

Punitive Damages against High Risk Drunk Drivers -

SB 302 (Raskin) / HB 864 (Smith)

A multi-year effort is reaching its climax as the General Assembly is closer than ever to authorizing the recovery of punitive damages in MVA cases arising from the wrongful conduct of certain "high risk drunk drivers." With amendments, the Maryland Senate passed our bill unanimously; MAJ's focus has turned to the House Judiciary Committee, where the bill failed by three votes last year. In that regard, MAJ also has supported two "dram shop" bills - HB 345 (Dumais) and HB 1196 (Angel).

Medical Records Costs - HB 724 (Oaks) / SB 462 (Conway)

MAJ's legislative proposal to curb abuses in the pricing of medical records was well-received in both hearings; the strongest opposition came from AHIOS, an association of health information outsourcing contractors. MAJ is currently in discussions with MedChi and the Maryland Hospital Association about legislative language.

Tort Claims Act Reform - SB 575 (Ramirez)

Following increases in the applicable caps under the State and Local Government Tort Claims Acts, this bill would increase the separate cap applicable to claims brought against public schools. The current per-occurrence damages cap of $100,000 (for all economic and non-economic damages arising from a single occurrence, no matter how many plaintiffs are involved) has not been increased in decades, and that cap is plainly inadequate to cover the injuries that might arise, e.g., in a severe school bus accident.

Catastrophic Cap - SB 574 (Ramirez) / HB 869 (Carter)

Maryland's non-economic damages cap increases by $15,000 annually, but even at current levels the cap unfairly limits recoveries in cases involving catastrophic personal injury or death. MAJ continued working to bring a common-sense "catastrophic cap" proposal to the Governor's desk. Hearings have been held in both chambers, with victim testimony providing the most compelling justifications for why our cap statute needs to be reformed in such cases.

Structured Settlement Transfers

Effective January 1, 2016, the Court of Appeals adopted new Rules applicable to transfers of money payable under structured settlements. MAJ played a leading role in helping to create those Rules, Title 15, Ch. 1300. Working with stakeholders, MAJ has monitored the relevant legislative proposals, including legislation proposed by Attorney General Brian Frosh to amend and strengthen the Structured Settlement Protection Act.

Of course, in addition to our ambitious positive agenda, there are always dozens and dozens of bills that MAJ works to oppose. If anyone has any questions, please feel free to contact me privately by e-mail at gtolley@medicalneg.com.

Many thanks to everyone who assists with MAJ's advocacy efforts.

George S. Tolley III,

Chair of the MAJ Legislative Committee

Dugan, Babij, Tolley & Kohler, LLC

Congrats to MAJ Members Cary Hansel & Annie Hirsch!

noreply@blogger.com (Maryland Association for Justice, Inc.) — Fri, 15 Jan 2016 15:48:00 +0000

Congratulations are in order for MAJ members, Cary J. Hansel and Annie B. Hirsch on their ground-breaking case! Cary and Annie represented 19 female public housing tenants in Baltimore that were allegedly being sexually harassed by maintenance workers. These women endured this abuse in exchange for repairs on their residence and when they refused, they were victims to unsafe living conditions.

According to an article from NBC News, "'These Housing Authority employees routinely harass and abuse the vulnerable women in public housing,' the lawsuit stated. 'By refusing to perform repairs without sexual quid pro quo, these defendants are subjecting the tenants to life-threatening living conditions.'"

Cary J. Hansel, of Hansel Law, PC and co-counsel Annie B. Hirsch, of Hirsch & Cosca, PC represented these victims in a class-action lawsuit. Their hard work has paid off last week in the sum of an $8 Million settlement to be shared by the victims.

Baltimore Sun explains that officials are calling this the largest settlement in a sexual harassment case in the history of the Fair Housing Act.

Not only have these MAJ members done magnificently well for their clients but they have brought light to a significant issue facing hundreds of women in our neighborhoods. Congrats to Cary and Annie!

Concussions: Protection and Prevention

noreply@blogger.com (Maryland Association for Justice, Inc.) — Tue, 22 Dec 2015 14:46:00 +0000

The odds of fully recovering from a single concussion, while not 100 percent, are fairly decent. If you get a second concussion while still recovering from the first though, those odds drop and you are even more likely to experience long term, perhaps even permanent residual damage. There are times, however, when the brain is routinely exposed to one of the worst possible scenarios: frequent, repetitive subconcussive hits (resulting in mild traumatic brain injury, or mTBI) over a protracted period of time. This is common in many sports, most notably football. In the course of a single season, football players may experience thousands of such hits. Chronically repeated mTBI causes a progressive degeneration of neurological function over time, eventually leading to Alzheimer and Parkinsonian-like diseases, dementia, social difficulties, emotional and motor control problems. This is referred to as chronic traumatic encephalopathy, or CTE. It has come to national attention because of its very public exposure through professional football.

What does CTE look like in real life? Imagine a hypothetical pro-football player. He is six foot three inches in height, 260 pounds, and a virtual human hurricane. Inured to pain, he trains brutally hard, pushing himself past the limits of what most men can endure. He is focused, determined, driven and single-minded. Imagine that this player has retired, but gradually begins to change. He becomes forgetful and moody. He starts yelling at his kids, can't concentrate or focus, and is probably plagued by chronic headaches. These are early symptoms of CTE. But this is just the beginning, because eventually even basic judgment starts to become impaired. He becomes socially unstable and starts to experience severe memory loss. By the end, long before his body would have failed, brain damage has reduced this hero of professional sports into someone who may be so severely compromised mentally and physically that he is unable even to care for himself.

Concussion and CTE are endemic to the sport of football. It is ironic that the National Football League (NFL), the top of America’s football food chain, has downplayed the effects of concussion and then refused to provide the players benefits through the very retirement plan which it set up to help those players. According to the book League of Denial, this program was "...the place where [the players] pleas for help went to die...". Only 317 of 10,000 claims have ever paid to players injured in the NFL, according to that book. The way this retirement plan is described reminds me a lot of my experiences with state workers’ compensation insurance companies. Each organization was set up to help their injured constituents. Both types of organizations (the NFL and workers’ comp insurance companies) have millions of dollars in the bank. Both employ a complex bureaucracy seemingly designed more as a roadblock rather than anything remotely helpful. Both groups routinely deny care and dispute a huge percentage of claims. Both use hired-gun doctors who perform ‘independent’ examinations that almost always find nothing wrong with the patients. Both groups therefore put their respective injured workers’ physical and financial health at risk, oftentimes with disastrous results. It is no wonder that football players and injured workers alike often view these programs with contempt, and why they are forced to turn to legal counsel in order to pursue their legitimate claims.

It is the nature of large organizations swimming with money to look to their own interests first rather than those of the people they were originally designed to serve. Fortunately, the torrent of medical research on concussion has brought the reality of the problem home, even to a group as rich and powerful as the NFL. It should no longer be taken lightly. Over time, hopefully a balance will be found between the necessary toughness required to play professional football and the very real frailties of the human brain. The real issue then is prevention and aftercare, because there is no cure for CTE. It is in preventing CTE from happening in the first place where real progress can be made.

While every brain responds in a unique way depending on the mechanism of injury, all brains also need time to recover from mTBI or clear cases of concussion no matter the activity that causes them. Some people are more susceptible to CTE than others, so it is important that medical care be tailored to the specific needs of the individual. I believe the NFL and state level workers’ compensation can fairly and competently treat their injured charges, but not with an attitude of denial and the tacit assumption that injured people are just in it for the money. The truth is more likely the opposite: they are making claims they well deserve.

Written By: Dr. James Beauchamp of Multi- Specialty

Concussions and the Courthouse

noreply@blogger.com (Maryland Association for Justice, Inc.) — Thu, 17 Dec 2015 15:16:00 +0000

AAJ recently released a report called Concussions and the Courthouse,which archives concussion incidents in a variety of sports over the course of decades. This report goes over the in-depth research on the cognitive effects of repeated brain trauma. Read the report here.

Increase Referrals!

noreply@blogger.com (Maryland Association for Justice, Inc.) — Fri, 04 Dec 2015 16:48:00 +0000

Want to increase referrals for your firm? Consider placing an ad in the Trial Reporter and reach over 1300 lawyers. Many of whom may be looking for services just like yours. To get started email us at info@marylandassociationforjustice.com.

HAPPY THANKSGIVING!

noreply@blogger.com (Maryland Association for Justice, Inc.) — Thu, 26 Nov 2015 14:15:00 +0000

During this season of giving thanks, we'd like to take a moment and let our members know how thankful we are for their ongoing support and involvement throughout the year. From all of us here at Maryland Association for Justice, we wish you and your loved ones a wonderful Thanksgiving!

Efforts to Rein in Arbitration Come Under Well-Financed Attack

noreply@blogger.com (Maryland Association for Justice, Inc.) — Mon, 16 Nov 2015 18:01:00 +0000

Read the follow up article by the New York Times on forced arbitration HERE!

This latest article from this exceptional series explores the great lengths and different ways the US Chamber of Commerce has sought to eradicate class actions on behalf of Wall Street Banks and other powerful corporate interests.

A How-to Guide for Pursuing Justice in a Personal Injury Case

noreply@blogger.com (Maryland Association for Justice, Inc.) — Mon, 02 Nov 2015 14:46:00 +0000

Ready for a new read? Anatomy of a Personal Injury Lawsuit is a great find for new personal injury lawyers and comes highly recommended by the American Association for Justice.

The fourth edition of Anatomy of a Personal Injury Lawsuit, a two-volume set, is a comprehensive and up-to-date resource for practicing plaintiffs’ attorneys and their staffs. Written by over sixty contributing experts on trial law and personal injury medicine, this new edition is stuffed with detailed advice, practice tips, arguments, charts, illustrations, and examples that you won’t find collected together anywhere else. Get more information on this hot seller here.

Happy Halloween Weekend!

noreply@blogger.com (Maryland Association for Justice, Inc.) — Sat, 31 Oct 2015 15:00:00 +0000

From everyone here at the Maryland Association for Justice, we wish you a wonderful weekend and a safe and Happy Halloween!

Writer and CAT Software Support – A Must for Every Reporter, Part 2

noreply@blogger.com (Maryland Association for Justice, Inc.) — Mon, 05 Oct 2015 15:00:00 +0000

By Darlene Williams at Planet Depos

In Part 1 of this blog we discussed why your writer and CAT software support agreements are so important. But just because you have a current support agreement for your writer doesn’t mean you shouldn’t consider all that a new writer has to offer you. When did you buy your current writer? Was it somewhere back in the ’90s? Or perhaps even longer ago than that! Are your hands and wrists tired at the end of a long day of writing? Do you struggle with stacking strokes? Are your keystrokes deep and wobbly? Do you know what the newest writers can do for your writing?

Here’s an overview of the newest writer from Stenograph called the Luminex.

Read the full article here.

Microsoft Sway: PowerPoint is Dead! Long Live PowerPoint!

noreply@blogger.com (Maryland Association for Justice, Inc.) — Thu, 24 Sep 2015 19:09:00 +0000

By Derek Cole, Senior Trial Consultant at Planet Depos

Litigator’s Toolbox: PowerPoint or…
There is no denying that, along with a good trial presentation database, PowerPoint is an integral part of the litigator’s toolbox. PowerPoint is the claw hammer that drives your point home and pries apart opposing counsel’s case. And like the claw hammer, from the toolboxes of preschool learning tools to that of a master craftsman, PowerPoint is ubiquitous.

Unlike the trusty old claw hammer, despite the ubiquity of Microsoft’s PowerPoint (or perhaps because of it), PowerPoint is the preeminent software that people love to hate. This is no less true in the litigation community, be it by lawyers, paralegals, and even trial technology consultants. With most every presentation-related software release, there is renewed speculation whether or not PowerPoint will finally concede the throne it quickly overtook from Harvard Graphics and HyperCard upon its release, as the 1980s and the DOS era rolled to a close.

Read the full article here.