Maryland Law Blog

Johnson & Johnson announced on Thursday, July 8, 2010 that it would recall about three million bottles of Tylenol and various other over-the-counter drugs. According to Reuters, the Thursday recall involves 21 medications, including Tylenol for children and adults, Motrin and several kinds of Benadryl. This is Johnson & Johnson’s third recall in the past six months.

Media is overwhelmed by the series of recalls as Johnson & Johnson has released limited information on the number of affected bottles. On June 15, the company had recalled four lots of Benadryl and one lot of Extra Strength Tylenol. Nearly a month later, it disclosed that the bottle count totaled 500,000 for the June 15 recall.

Both recalls are in addition to the company’s January recall of 53 million bottles of commonly used products linked to strange odors that were traced to a certain chemical on pallets used to transport and store the products. The FDA has placed Johnson & Johnson under scrutiny and is further investigating the recall.

Manufacturers are responsible for ensuring that their products are safe and suitable for consumer use. In addition to recalling any unsafe or hazardous products, manufacturers are required by law to aide consumers who were affected by the damaged products.

If you or someone you love has been injured by the use of a defective product, you may be entitled to recover compensation for your financial losses. The experienced Maryland personal injury attorneys at Meng & Alpert, LLC have the experience and skill required to handle your case if you’ve been harmed by another person’s negligence. Call us today at 866-444-6363 for a free consultation.

On Sunday, July 5, 2010, a 24-year-old man driving a moped was killed in a collision with a pick-up truck, according to The Washington Post. The 45-year-old woman driving the pick-up truck was not injured. The moped driver had been traveling east on Tamar Drive while the pick-up truck driver was turning left from the westbound lane. Howard County police are still investigating the crash.

The National Highway Traffic Safety Administration estimates that there were 33,963 fatalities caused by motor vehicle accidents in 2009. Although this estimate carries an 8.9% decrease from 2008 estimates, motor vehicle accidents are still a leading cause of death for Americans under the age of 35.

What many do not realize is that surviving family members may file wrongful death claims against negligent parties. The four elements required for a person to file a wrongful death claim are as follows:

1. A person must have died
2. Negligence or intent caused the person’s death
3. The death has negatively impacted surviving family
4. There is a representative for the decedent’s estate

If these circumstances are met, then the family of the deceased may file a Maryland wrongful death claim. If it is determined that the claim is valid, the victim's family, could receive compensation from negligent parties – this aspect varies, depending on the details of each case.

Filing wrongful death claims in Maryland can be complicated and devastating for family members who are still heavy with grief over their loss. The experienced Bethesda wrongful death attorneys at Meng & Alpert, LLC have the skill, compassion and sensitivity required to handle your case. Call our knowledgeable lawyers today for a free consultation at 866-444-6363.

On Tuesday, July 13, 2010, a 16-year-old girl from Leonardtown was killed in a Maryland car accident. According to MyFoxDC.com, she had been driving southbound on Point Lookout Road near St. Andrew’s Church Road when another vehicle struck the rear of her car, causing the victim’s vehicle to spin out into the northbound lane of traffic where it was struck a second time.

An ambulance arrived at the scene and took the teenager to St. Mary’s Hospital for serious injuries before her ultimate death. Officials indicated that driver speed and alcohol did not contribute to the accident. No other news has been released at this time regarding the incident.

Motor vehicle accidents are among the leading causes of death for people under the age of 35. Driver negligence is a primary cause for accidents. The law entitles a victim’s family to seek compensation for personal injury and wrongful death that has occurred as a result of negligence, recklessness or intentional acts.

If someone you love has been killed in a Maryland car accident, you may be able to seek compensation for any financial losses incurred from the accident. The most common types of financial compensation from wrongful death lawsuits are as follows:

• Medical expenses
• Funeral costs
• Loss of prospective inheritance
• Loss of support or services given by the deceased

The experienced Bethesda personal injury attorneys at Meng & Alpert, LLC are adept at handling wrongful death claims with skill and sensitivity. Call our dedicated and aggressive lawyers today at 866-444-6363 for a free and comprehensive evaluation of your case.

A 19-year-old man driving a Ford Explorer fled Maryland State Troopers and was chased by several police vehicles at speeds exceeding 100 miles per hour. The pursuit ended when the man crashed into another vehicle on Route 50 in Dorchester County on Sunday, July 4, 2010. He had been suspected of drunk driving.

According to ABC7News, six people, including the fleeing driver, in two vehicles were injured and taken to Eastern Shore hospitals. The two passengers in the alleged drunk driver’s vehicle were treated and released from the hospital.

The Maryland State Trooper had pulled over the 19-year-old man after witnessing several unsafe driving behaviors. After pulling him over, the Trooper noticed a strong smell of alcohol and asked the driver to step out of the vehicle. Instead of complying with the officer's request, the driver accelerated, instigating the chase.

Drunk driving offenses in Maryland are common on holidays, such as Independence Day. Police are on higher alert during holiday seasons for DUI offenders. The laws regarding DUI and DWI are specific and may vary on a case-by-case basis. A first conviction in Maryland could include:

• License suspension
• Jail time
• Costly fines
• License penalty points

If you have been arrested for driving under the influence in Maryland, you should discuss your case with an experienced Maryland DUI defense attorney as soon as possible. The skilled criminal defense attorneys at Meng & Alpert, LLC can help you keep your license and your job. Call 866-444-6363 today for a free consultation regarding your case.

On June 14, 2010 a three-vehicle collision occurred in the afternoon that left one person seriously injured. According to the article on Your4State.com, the accident happened in Frederick County near Haywood Road. The collision involved two cars and one tractor-trailer. Officials arrived on scene shortly after the accident.

Authorities say that one car attempted to make a left-hand turn, but then collided with another car and tractor-trailer when he attempted to switch back into the northbound lane on Route 15. One person was injured as a result of the accident. The injured party will likely be okay, but examinations will be issued in order to rule out any internal injuries.

Drivers are responsible for any injuries or accidents that occur as a result of their own inattention or driving errors. Personal injury claims in Maryland as well as wrongful-death lawsuits may develop if a driver’s negligence is believed to be the cause of the accident. Knowing your rights as an injury victim of Maryland auto accidents is important. You may be entitled to compensation for loss of wages, pain and suffering, hospital fees, and other related damages.

The aftermath of a car or truck accident can sometimes be both financially devastating and legally challenging. However, talking with an experienced Maryland personal injury attorney can help you understand your rights and assist you with making your claim.

The experienced southern Maryland car accident attorneys at Meng & Alpert, LLC have a long history of aiding personal injury claimants in recovering compensation for their injuries and other financial losses. Call our office today at 866-444-6363 for a free and comprehensive evaluation of your case.

A teenage boy was found guilty on June 15, 2010 of shooting a five-year-old child in the head while she was crossing the street according to WJZ.com. The incident occurred last July in southwest Baltimore and has left the young girl permanently disabled. The accused allegedly used the gun to diffuse a dispute that had occurred between himself, his girlfriend, and a third party. The teen was convicted despite skepticism that he was not the one that pulled the trigger.

Authorities recovered video footage from local security cameras that showed the defendant pulling the trigger, though it was argued that someone else was at fault. The jury deliberated for three consecutive days before reaching a verdict, and found the teen guilty of both first and second degree attempted murder. He has been sentenced to life plus 30 years with a possibility of parole. Some argue that this is a harsh sentence for a crime that did not involve any casualties.

As this case demonstrates, the stakes are high for those accused of violent crimes in Maryland. The outcome of any criminal case for a defendant is crucial to determining how his or her life will be carried out and what penalties he or she may face. However, juveniles facing criminal charges have a full life ahead of them that may be compromised by a criminal record if he or she is convicted.

Being accused of a crime can have devastating consequences, regardless of whether or not you are the guilty party. If you have been charged with criminal offenses, especially those relating to a violent crime, please contact the skilled and knowledgeable Maryland criminal defense attorneys at Meng & Alpert LLC. Our experienced lawyers will investigate the details surrounding your case to help build the strongest possible defense and will ensure that your constitutional rights are protected. Call today at 866-444-6363 for a free and comprehensive consultation.

With the Fourth of July just around the corner, several Maryland residents have already begun celebrating with fireworks and other devices. While a patriotic spirit is not out of the question, far too many citizens disregard safety when it should be their main concern if utilizing these potentially dangerous objects. A new study by the U.S. Consumer Product Safety Commission (CPSC) reveals that fireworks-related incidents were responsible for two deaths in 2009 and approximately 9,000 emergency room visits for injuries. According to the CPSC, throughout the 30 days near last year’s holiday, about 6,000 injuries involving fireworks were reported in which half of the injuries related to firecrackers, bottle rockets, and sparklers.

Consumers below the age of 20 are the most susceptible to fireworks injuries; however, the risk of serious injury or even death still presents itself to anyone within close range of fireworks. Some common fireworks injuries and hazards include:

• Lacerations
• Loss of limbs
• Burns
• Fires
• Wrongful Death

Please remember to never throw or point fireworks at another individual. Parental supervision is essential when legal fireworks are being used. Never allow young children to tamper with or ignite fireworks, bottle rockets, or sparklers. Refer to the CPSC’s website for additional consumer fireworks safety tips.

At Meng & Alpert, LLC, our personal injury attorneys in Maryland want to remind consumers that their safety and the wellbeing of others around fireworks during the Fourth of July are extremely important. Please be extra careful this weekend and help protect yourself and others.

On Tuesday, June 10, 2010, a minor collision between a passenger vehicle and a bus injured about 20 people. The accident occurred during the early morning hours on I-395 southbound in Washington, D.C. near Maine Avenue. According to The Washington Post, the Metro bus had been carrying mostly teenage passengers. Several lanes on southbound I-395 were closed during the incident. No one was seriously injured.

Vehicle related accidents occur every day and at an alarming rate. They are the leading cause of death for people under the age of 35, and the leading killer for Americans of all ages. The National Highway and Traffic Safety Administration estimates that about 40,000 people die each year in car accidents, costing over $150 billion dollars in damages.

Car accident injuries are unique in that some life-long ailments and pain may not occur until days after the accident. If you, or someone you love, have been injured in an auto accident in Washington D.C., seeking medical attention can be vital to your case and to your health. Should your injury be the result of someone else’s negligence, you may be entitled to recover compensation for medical expenses, lost wages, pain and suffering, and other financial losses incurred from the accident.

The experienced Washington, D.C. personal injury attorneys at Meng & Alpert, LLC have the skill and compassion required to handle your case. Our attorneys can help investigate the details of the accident, examine areas that may have been overlooked by police and insurance companies, and will ensure that your constitutional rights are protected. Call 866-444-6363 for a free and comprehensive evaluation of your case.

The Washington Examiner recently reported that human trafficking in the form of “sex slaves” and “unpaid workers” has become a thriving crime industry in Washington, D.C. Four recent incidents, including a pimp selling his twelve-year-old foster daughter for sex, multiple pimp arrests, teenage prostitution, and underpaying illegal immigrants, have lead officials to believe that Washington D.C sex crimes are growing.

Human trafficking constitutes the recruitment, harboring, transport, or sale of another human for exploitive purposes, such as forced or underpaid labor or sex slavery. New laws in both Maryland and D.C. have aided government officials in understanding the scope of these crimes. However, some politicians fear that these crimes will spread to Virginia.

The growing problem has escalated to a new level. Activists last week were outraged when a known economist had not been charged with trafficking after she admitted to underpaying and threatening her domestic servant. She accepted a plea bargain that permitted her to pay $41,000 to the servant in back wages, if she admitted to lying to FBI during investigations. In this specific case, the U.S. Attorney’s Office and a Department of Justice that solely works on human trafficking cases jointly chose not to pursue the charges.

Being accused of a sex crime is a serious matter. Due to the social stigma that typically follows these types of crimes, many people tend to overlook the fact that some individuals are wrongfully accused. If you have been charged with a sex crime in Maryland, you are innocent until proven guilty and still have rights. The experienced Maryland sex crime attorneys at Meng & Alpert, LLC can help build a strong defense and ensure that your rights are protected. Call 866-444-6363 for a free consultation regarding your case.

In 2009, Maryland recorded fewer violent crimes since 1979, including an all-time low occurrence of overall crime, according to the Washington Post. Other key measures indicated that the likelihood that a resident will fall victim to rape, violent assault, murder or robbery has lowered significantly, resulting in an expectation that Maryland will drop from the nation’s top ten most dangerous states list. Should Maryland fall from this list, it would be the first time in over two decades.

In 1975, Maryland incurred a total of 242,207 crimes. Last year, Maryland had 33,614 reported violent crimes with a total of 215,878 crimes, a five percent and eight percent decline, respectively, from 2008. Also reported were 27 fewer killings, which added to a twelve percent drop in Maryland homicides.

Over the past few years, Maryland has been improving its public safety records. With the election for governor approaching, current Governor Martin O’Malley attributes the increase in public safety to his administration’s award-winning tactics. These “tactics” have lead to a number of new laws and regulations within the state.

The laws and regulations in regards to crimes vary significantly, depending on the type of crime, past criminal history and the involvement of violent weapons. Being accused of a crime is a daunting experience for anyone, regardless of guilt. If you have been accused of a crime, the experienced Maryland criminal defense attorneys at Meng & Alpert LLC can help you understand your rights and build a strong defense. Call today for a free and comprehensive consultation at (866) 444- 6363.

Toyota Motor Corporation has stopped sales of all 2010 Lexus LS600h and Lexus LS 460 models due to problems with the power steering and announced a recall for the two models, according to mibz.com. Apparently, the electric power steering of these vehicles causes a temporary off-center condition of up to 90 degrees for about five seconds before sliding back to normal position. This condition is said to occur after turns, when the steering wheel is in lock position, full left or right. About 3,800 Lexus vehicles in the U.S. have been affected by the recall.

The officials at Lexus recommend that owners of these vehicles should not spin the wheel all the way. No accidents and no injuries have been caused as a result of this defect. Regardless, sale of both Lexus models have halted for three weeks while Japanese specialists investigate the problem and find a viable solution.

Manufacturers have a responsibility to the consumer and are charged with ensuring that their products are safe and suitable for the general public. Toyota Motor Corporation has undergone numerous recalls in the last year for defective auto parts, some of which caused accidents and death for vehicle owners.

If you, or someone you love has been involved in an auto accident in Washington D.C., you may be entitled to compensation for medical bills, lost wages and other financial losses incurred. The experienced Washington D.C. car accident lawyers at Meng and Alpert, LLC have the skills required to handle your claim. Call today for a free and comprehensive consultation.

By George E. Meng, Esquire

There has been a serious problem with the lack of consistency when Powers of Attorney are presented to banks and other institutions such as title insurance companies and real estate settlement companies. Not infrequently the agent under a Power of Attorney would be informed that the Power of Attorney was not acceptable. There are also problems with people acting under Powers of Attorney doing inappropriate things, some even to the extent of stealing money.

Maryland has passed a new statute that becomes effective October 1, 2010 that attempts to solve many of these problems.

The new statute includes statutory forms for both General Powers of Attorney and Limited Powers of Attorneys and provides that, if a lawsuit has to be filed to force someone to accept it, there can be a request for reasonable attorney fees.

The signing requirements for Powers of Attorney used to be somewhat lax. Now they are even stricter than the signing requirements for a Last Will and Testament. Not only must a document be notarized but the witnesses and the person signing the Power of Attorney must all be present at the same time.

There is also detailed requirements for what the person acting as the Power of Attorney has to do or not do. Most important is that the person must keep a record of receipts, disbursements and transactions under the Power of Attorney.

This new law is a welcome addition to the Maryland Code and has been long overdue.

To read more on the New Maryland General and Limited Power of Attorney Act visit:

• Chapter 689: http://mlis.state.md.us/2010rs/chapters_noln/Ch_689_hb0659E.pdf and


• Chapter 690: http://mlis.state.md.us/2010rs/chapters_noln/Ch_690_sb0309E.pdf.