Recent Medical Malpractice Complaints in Maryland

Case Number: -

Plaintiff(s): ZEUS ANTONIO ASCENCIO * VELASQUEZ (minor); SAUL ASCENCIO; CRISTINA CIRCUIT COURT FOR VELASQUEZ; 

Defendant(s): PRATHAP R. NAINI, M.D.; SIMMONDS, MARTIN AND * HELMBRECHT, LLC

Injury(s): Gestational Diabetes; Maternal Obesity; Fetal Macrosomia; Advanced Maternal Age; Brachial Plexus Injury; Brachial Plexus Palsy; Erb’s Palsy; Neurological Injury

Hospital(s): Simmon, Martin & Helmbrecht, LLC

Procedure(s): Exploratory & Nerve Grafting Surgery; Excessive Traction

Count(s): Medical Malpractice; Birth Injury

Summary of Allegations: The Plaintiff(s) were not given proper and adequate care by the Defendant(s), who showed negligence in their techniques and procedures.

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Case Number: 2019-620

Plaintiff(s): BRADY TRIPLETT

Defendant(s): FREDERICK MEMORIAL HOSPITAL; STUART GOODMAN, M.D.; ERIC SCOTT HANSEN, M.D.

Injury(s): Stroke; Brain Damage; Loss of Motor Control; Cerebrovascular Accident ("CVA"); Facial Droop, Paralysis; Dorsiplantar Flexion; Hemispheric Ischemic Cerebral Infarction; Diffusion Restriction; Ischemic Stroke

Hospital(s): Frederick Memorial Hospital

Procedure(s): Computerized Tomography ("CT Scan") Scan; Neurological Exam; Cardiology Exam; Psychiatry Exam; Brain MRI

Count(s): Medical Malpractice; Ordinary Corporate Negligence; Medical Negligence; Negligence

Summary of Allegations: Defendant failed to fulfill its administrative duties, neglected to exercise ordinary care and treatment, did not provide personnel who were appropriately trained and skilled, and did not use the proper medical techniques with the Plaintiff resulting in death that could have been prevented.

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Case Number: -

Plaintiff(s): ELIJAH BALTAZAR-POWELL (minor); SHAMMAH POWELL; EDWIN BALTAZAR

Defendant(s): ADVENTIST HEALTHCARE, INC. D/B/A SHADY GROVE ADVENTIST HOSPITAL; KENNETH B. DESTEFANO, ESQ.; MATERNAL-FETAL MEDICINE ASSOCIATES OF MARYLAND, LLC; REED P. SEXTER; SHERRI HAMERSLEY, M.D.; SIMMONDS, MARTIN & HELMBRECHT, LLC; THE CORPORATION TRUST, INC.; THOMAS MARTIN, M.D.; ROBERT B. WALTON, M.D.; ALBERT SIMMONDS, M.D.; 0. LAWRENCE STITT, M.D.; PEDIATRIX OF MARYLAND, P.A.; PEDIATRIX MEDICAL GROUP OF THE MID-ATLANTIC, P.C.; EDINA VESZELOVSZKY, M.D.; MADHU NIGAM, M.D.; VANESSA PINEIRO, R.T.

Injury(s): Congenital Diaphragmatic Hernia (“CDH”); Diaphragm Defect; Acidotic; Pulmonary Hypertension; Permanent Neurological Injury; Hypoxic Respiratory Failure; Cerebral Atrophy; Chronic Respiratory Failure; Hypoxia; Hypercapnia; Abnormal Brain MRI; Gastrostomy Tube Dependence; Seizures; Brain Damage; Cerebral Palsy

Hospital(s): Adventist Healthcare, Inc.; Shady Grove Adventist Hospital; Maternal-Fetal Medicine Associates of Maryland, LLC; Simmon, Martin & Helmbrecht, LLC; Pediatrix of Maryland, P.A.; Pediatrix Medical Group of the Mid-Atlantic, P.C.

Procedure(s): Cesarean Section; C-Section Delivery; Fetal MRI; Stabilization Resuscitation; Optimal Gas Exchange; Amniocentesis; Positive Pressure Ventilation; Intubation; French Catheter; Endotracheal Tube ("ET Tube" or "ETT"); Extubation; Tracheostomy; Brain MRI

Count(s): Medical Malpractice; Informed Consent

Summary of Allegations: Defendant didn't provide the standard degree of care and skill in their care and treatment of Plaintiff. Defendant was also obligated to notify Plaintiff adequately and appropriately about the material risks involved in changing the treatment plan. Due to Defendant's failure to fulfill these duties, Plaintiff suffered catastrophic injuries.

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Case Number: C-02-CV-21-000119

Plaintiff(s): BRYAN LEVY; BOWEN LEVY; TANYA LEVY

Defendant(s): ANNE ARUNDEL COUNTY BOARD OF EDUCATION; MELISSA ELLIS; NATALIE MARSTON

Injury(s): Autism; Pica; Reading Disorder; Speech Impairment; Writing Disability; Fine/Visual Motor Disability; Sensorimotor Disability; Suffocation;  Choking; Aspiration

Hospital(s): -

Procedure(s): Insufficient Supervision; Unsecured Choking Hazards; Understaffing

Count(s): Negligence; Breach of Contract; Failure to Supervise Classroom; Survival Action; Wrongful Death

Summary of Allegations: The Defendants had a duty of care to provide adequate supervision, staff, and a safe environment, as well as a special duty to protect. However, they breached their agreed-upon service agreement, which ultimately led to the Plaintiff's death.

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Case Number: -

Plaintiff(s): BLAKE WARD, Individually and as Personal Representative of the Estate of LISA WARD; RACHEL GILLEY; CANDICE TESTERMAN

Defendant(s): UNIVERSITY OF MARYLAND OBSTETRICAL AND GYNECOLOGICAL * ASSOCIATES, P.A.; UNIVERSITY OF MARYLAND * MEDICAL SYSTEMS CORPORATION; DR. GAUTUM RAO, M.D.

Injury(s): Wrongful Death caused by laparoscopic morcellation of the uterus leading to the spread of leiomyosarcoma throughout the peritoneal cavity

Hospital(s): University of Maryland Obstetrical and Gynecological Associates, P.A.; University of Maryland Medical Systems Corporation

Procedure(s): Laparoscopic Hysterectomy; Morcellation with Endo Shears; Cancer Surgery

Count(s): Medical Malpractice; Survival Action; Wrongful Death

Summary of Allegations: Blake Ward, Individually and as Personal Representative of the Estate of Lisa Ward, Rachel Gilley, and Candice Testerman v. University of Maryland Obstetrical and Gynecological Associates, P.A., University of Maryland Medical Systems Corporation, and Dr. Gautum Rao, M.D.

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Case Number: -

Plaintiff(s): BRADY TRIPLETT

Defendant(s): FREDERICK HEALTH HOSPITAL, INC. d/b/a FREDERICK MEMORIAL HOSPITAL; STUART GOODMAN, M.D.; ERIC SCOTT HANSEN, M.D.

Injury(s): Neurological disabilities; Physical impairment; Significant conscious pain and suffering; Emotional distress; He is and will be permanently dependent upon others for his care; He has and will continue to undergo serious and painful medical procedures; He has in the past and will in the future incur significant medical and other expenses; His earning capacity has been severely diminished; Other injuries and damages.

Hospital(s): Frederick Health Hospital, Inc.; Frederick Memorial Hospital

Procedure(s): Intravenous Thrombosis – administering Tissue Plasminogen Activator; Mechanical Thrombectomy

Count(s): Ordinary Corporate Negligence; Medical Malpractice

Summary of Allegations: Frederick Health Hospital, Inc. and Frederick Memorial Hospital through their constituents Dr. Stuart Goodman, M.D. and Dr. Eric Hansen, M.D., failed to properly diagnose and treat an ongoing stroke in a patient who was noted by emergency medical staff as potentially experiencing a stroke and showing several indications of a stroke. Frederick’s doctors failed to treat Plaintiff properly upon arrival and while admitted in the Emergency room. Thus, their failures to properly diagnose and treat Plaintiff has caused the aforementioned injuries.

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Case Number: C-12-CV-20-000076

Plaintiff(s): MATTHEW ABNEY; MICHELLE ABNEY; EDDIE ABNEY III

Defendant(s): UPPER CHESAPEAKE MEDICAL CENTER, INC.; CHANAN LEVY, M.D.

Injury(s): Misshaped head; Femoral neuropathy due to labor and pushing and fluid edema; Encephalomalacia in the left frontal, temporal and parietal lobe and lateral aspect of the basal ganglia presumably secondary to old left MCA infarct; Permanent neurodevelopmental and physical issues; Tonal abnormalities; Cerebral palsy; Developmental delays in fine and gross motor skills; Speech and language deficits

Hospital(s): Upper Chesapeake Medical Center, Inc.

Procedure(s): Caesarean Section

Count(s): Medical Negligence

Summary of Allegations: Dr. Levy, M.D. acting as an agent of Upper Chesapeake Medical Center breached the standard of care for Plaintiff when Dr. Levy failed to perform a caesarean section at the reasonable time. If Dr. Levy would have performed the caesarean section at the reasonable time in this circumstance, Plaintiff would not experience the serious developmental factors hindering Plaintiff’s cognitive development.

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Case Number: -

Plaintiff(s): CALEB PARAMO; JESUS PARAMO; YASMIN HIDALGO

Defendant(s): FREDERICK HEALTH HOSPITAL, INC.; SIMMONDS, MARTIN & HELMBRECHT, LLP

Injury(s): Brachial plexus injury; Neurological disabilities; Physical impairment; Significant conscious pain and suffering; Emotional distress; Permanently dependent upon others for his care; Continue to undergo serious and painful medical procedures; Significant medical and other expenses that his parents are unable and/or unwilling to pay; His earning capacity has been severely diminished; and Other injuries and damages.

Hospital(s): Frederick Memorial Hospital

Procedure(s): Failure to perform recommended a caesarean section

Count(s):  Ordinary Corporate Negligence, Medical Malpractice, Loss of Pre-Majority Medical Expenses

Summary of Allegations: Caleb was above the 99^th percentile in gestational age prior to his birth, this information along with his mother’s history of a complicated first birth, warranted a caesarean section. Both Frederick Memorial Hospital and Simmonds, Martin & Helmbrecht, LLP, by and through their agents and employees failed to perform the recommended caesarean section and performed an ordinary vaginal birth. Thus, Caleb was born with the previously mentioned injuries that could have been avoided, but for the Defendants’ choice to perform an ordinary vaginal birth.

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