Lawsuit Information Center

July 27, 2015

How Do Appeals Work? | Learning About Lawsuits

Once a jury hands down their verdict, the case is over, right? Sometimes, but not always. At the close of trial, both sides generally have the ability to appeal certain issues or things that may not have gone their way. Most important to remember here though: parties can only appeal legal issues, not factual ones. So an appeal should not be thought of as another opportunity to try a case. Instead, appeals are there to correct mistakes or misapplications of law. Should they determine that a new trial is warranted, appeals courts have the ability to order one. But they are strictly there to determine legal issues, not factual ones.

Framework For Appeals

Every state is different, meaning every court system is different. Since this blog covers issues pertaining to the national personal injury community, I will use the federal appeals process to lay out how things work. Granted, the federal appeals courts share some similarities with many states (especially Maryland), so this should give you an idea of how things work from state to state.

The federal court system is three-tiered. There are the trial courts, which are referred to as Federal District Courts. There are the intermediate appeals courts, which are called Federal Circuit Courts. And the “court of last resort” in the federal system is the Supreme Court of the United States (SCOTUS). The state of Maryland has a similar system with trial courts, an intermediate appeals court, and a state court of last resort.

July 27, 2015

What is a Wrongful Death Claim? | Learning About Lawsuits

by Ronald V. Miller, Jr.

Wrongful death? Survival action? What’s the difference?

Whether it stems from medical malpractice or an auto accident, negligence can unfortunately result in death. In most personal injury lawsuits, the plaintiff filing the lawsuit is the one that suffered some sort of physical injury. They are suing because they desire compensation for the injuries they sustained, and the costs associated with those injuries.

When the plaintiff dies, although they have sustained harm from another’s negligence, they are obviously not around to sue that party. A wrongful death claim allows those who were affected by that person’s death to sue the person responsible. However, there are two separate types of claims involving deaths: Wrongful Death Claims and Survival Actions.

July 20, 2015

Difference Between Jurisdiction and Venue

by Ronald V. Miller, Jr.

Jurisdiction and venue often arise in the context of “forum shopping” when filing a lawsuit.

Unquestionably, it is better to file a lawsuit in some places compared to others and good lawyering requires careful consideration of venue and jurisdiction and the distinction between the two.

In many jurisdictions, like Maryland and Virginia, one or two places tend to be the preferred stop for plaintiffs’ lawyers for personal injury lawsuits.

To better understand “forum shopping,” you have to understand the concept of a “forum” in the first place, which requires an understanding of the difference between personal jurisdiction and venue. Before we distinguish jurisdiction from venue, let’s talk about them both.

What Is Jurisdiction?

Personal jurisdiction is an incredibly important piece of the puzzle when putting together a lawsuit. It boils down to is a court’s ability to exercise its power over an entity, whether that is a person, business, trust, etc.

For example, say you are a Maryland resident, it would feel unfair if an Oklahoma court could render a judgment over you if you have no connections to that state. That is where the doctrine of jurisdiction comes into play: it is all about the court’s ability to bring you under its power.

July 20, 2015

What Are Special Damages? | Learning About Lawsuits

by Ronald V. Miller, Jr.

The American civil justice system allows for one type of recovery in personal injury cases: damages. Damages, or compensation, can manifest themselves in a few different forms in personal injury cases. People tend to throw around terms such as “general damages,” “special damages,” “non-economic,” and “economic” damages, so this post should help you differentiate between these various types of damage awards.

What Are Special Damages?

What is so special about special damages? Well, not much other than the fact that they can be readily quantified. Whenever a car accident or other type of personal injury accident occurs, the injured person will incur expenses associated with the accident. These are hard numbers that can be measured.

February 24, 2014

Uterine Rupture Malpractice Lawsuits | What You Need to Know

by Ronald V. Miller, Jr.

A doctor’s failure to properly handle uterine rupture symptoms during childbirth can lead to the death of the child, and injury or death to the mother. This article discusses these cases and addresses:

The acts of a physician that lead to vaginal rupture cases.
The types of accidents that lead to large settlements and verdicts.

October 11, 2013

Gynecomastia from Risperdal Claims

by Ronald V. Miller, Jr.

Risperdal lawsuits have have mostly been resolved as of 2024 after a global settlement was reached. We have updated this post in 2024 to talk about the Risperdal settlements and are leaving the rest of this post up for informational purposes. Our lawyers are no longer seeking new claims.

2024 Risperdal Litigation Update

The lawsuits were primarily based on allegations that Risperdal, an antipsychotic medication, led to the development of gynecomastia in boys and young men, a condition characterized by the growth of breast tissue.

August 15, 2013

Boston Scientific Vaginal Mesh Cases

by Ronald V. Miller, Jr.

The vaginal mesh cases are heating up everywhere as plaintiffs’ lawyers, who frankly smell blood, are pushing with greater vigor to get and hold trial dates. Multi-million dollar verdicts will do that.

In the Boston Scientific transvaginal mesh cases, lawyers are pushing fast to get a trial date and are expected to get one soon. How do you define “soon” in tort law? Early next year.

All these federal cases have been consolidated in an MDL under a good judge in West Virginia. The class action lawsuit against Boston Scientific contents the mesh that was supposed to protect them from pelvic organ prolapse or stress urinary incontinence has done nothing but make their health problems far worse.

April 10, 2013

Cook Medical Vaginal Mesh Lawsuits

by Ronald V. Miller, Jr.

Vaginal prolapse is incredibly common, with approximately 30-50% of women having some sort of prolapse during their lives. Our lawyers are investigating vaginal mesh lawsuits involving Cook Medical, in addition to other manufacturers of vaginal mesh systems.

Cook Medical Transvaginal Mesh Cases

Cook Medical held its products out as breakthrough technology

Pelvic organ prolapse is a condition in which structures such as the uterus, rectum, bladder, urethra, small bowel, or the vagina itself may begin to fall or “prolapse” out of their normal positions. These structures may eventually prolapse farther and farther into the vagina, or even through the vaginal opening, without medical treatment or surgery. Enter synthetic mesh devices. No doubt a great idea.

According to the FDA, between January 2008 and December 2010, there were nearly 3,000 adverse event reports involving transvaginal mesh devices. Side effects reported with vaginal mesh can include:

Infections
Internal bleeding
Vaginal scar tissue
Vaginal wall narrowing
Painful urination
Fistulas
Mesh shrinkage
Mesh migration
Urinary problems
Punctures to the bladder, blood vessels, bowels, or other organs in the lower abdomen
Mesh erosion into the vagina, bladder, intestines, and uterus
Pain
Painful sexual intercourse for both partners
Recurrence of incontinence
Recurrence of both pelvic organ prolapse or stress urinary incontinence, or both

Cook Medical held its product out as breakthrough technology, resistant to infection, and “unlike synthetic mesh, nothing is left permanently in the body to cause problems down the road.” On the contrary, Cook Medical transvaginal mesh products have had more than their fair share of problems. (In fairness, they have all put out awful products. Cook Medical is no exception.).

December 19, 2012

Minnesota Wrongful Death Lawsuit Result in an Award of $591,000

by Ronald V. Miller, Jr.

After a week-long wrongful death trial in Minnesota, the family members of a twenty-two-year-old college student killed on a bicycle have said that while they are grateful for the jury award of $591,000. However, they would have preferred that the two men they blame for their son’s death be forced to spend time in prison. Felony murder and battery charges were dismissed against both defendants.

Sad details here. Apparently, the deceased disagreed with a member of a college hockey team. That member and several other players and recruits were said to have consumed 100 shots of alcohol that night. After the disagreement, the deceased apparently fled the bar on a bicycle, fleeing for his life while being chased by the boys. There were differing accounts of whether the boy was pushed, and by whom or whether his high level of intoxication caused him to crash. Regardless of fault, it is clear that the night was riddled with poor judgment and misconduct and that the death of this young man was absolutely senseless.

This garbage happens in college and usually does not end in death. Kids drink too much and do stupid things and, usually, no real harm is done. But sometimes things go really wrong, as they did in this case and this tragedy will impact this boy’s family for the rest of their lives.

March 12, 2012

Biblical References at Trial

by Ronald V. Miller, Jr.

The Court of Appeals of Georgia, Georgia’s intermediate appellate court, wrote about a topic I touched on two years ago. In an extremely short opinion, this Georgia court was faced with the question of how far lawyers can go in referencing biblical passages in the Bible or other religious texts.

Powell v. State

The Defendant in Powell v. State appealed his conviction for aggravated assault.The evidence presented at trial showed that Powell was present during a fight between the victim and Powell’s brother-in-law. Powell had gone to the victim’s house to confront the victim’s wife about alleged theft from his sister. After the altercation ended, Powell shot the victim in the shoulder.