On June 8, 2018, a Maryland jury returned its verdict in favor of a wheelchair-bound man who was being transported by a medical transport company when he was thrown to the floor of the vehicle after the vehicle hit a snowbank, because the man was not properly strapped in the vehicle by the transport driver.
The plaintiff had suffered a stroke many years earlier that caused him to be paralized on his left side. In March 2015, the medical transport vehicle was transporting the man from a senior center to his home. The driver of the medical transport vehicle failed to strap the man in the vehicle before driving off. When the driver made a sharp turn, the driver lost control of the vehicle and the vehicle struck the snowbank, causing the man to violently fall to the floor of the vehicle. As a result, the man suffered a right rotator cuff tear.
The man’s preexisting medical condition made it impossible for a surgical repair of his rotator cuff. Because he did not have a surgical repair of his rotator cuff, the man suffered additional diasability and was unable to perform the basic activities of his daily life.
The three-day Maryland jury trial ended on June 8, 2018. The jury deliberated for two-and-a-half hours before returning its verdict in favor of the man in the amount of $1.23 million, all of which was to compensate him for his future medical expenses. The jury, however, failed to award any amount to compensate the man for his noneconomic damages (pain and suffering, mental anguish, and loss of enjoyment of life). The defendant medical transport company filed post-trial motions to set aside the verdict, but the trial court recently denied the defendant’s motions.
The defendant reportedly did not make any serious settlement offer before trial. The plaintiffs’ attorney said after the verdict was announced in favor of the man and his wife, “It was the kind of case where he had put his trust in a business that didn’t do what it was supposed to do. I think they [the jurors] were angry at the defendant and they certainly empathized with the plaintiffs. We would have taken less.”
The plaintiffs’ Maryland lawsuit was filed in a conservative jurisdiction where many civil cases result in defense verdicts. The all-male jury carefully listened to the trial testimony and considered the evidence before finding against the defendant medical transport company. The defense team refused comment after the verdict.
Source James L. Henderson, Jr., et. al v. Butler Medical Transport, LLC, Circuit Court for Carroll County, Case No.: 06-C-17-073710.
If you or a loved one have been injured as a result of negligence during medical transport in Maryland or in another U.S. state, you should promptly find a Maryland medical malpractice lawyer (or a medical malpractice lawyer in your state) who may investigate your medical transport claim for you and represent you or your loved one in a medical transport negligence case, if appropriate.
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