NEWS
Goodell, DeVries, Leech & Dann, LLP Salutes our Partner Thomas J. Cullen, Jr. on his selection by the Daily Record to receive its "Leadership in Law Award"
Congratulations to Thomas J. Cullen, Jr., for being named one of The Daily Record's 2008 Leadership In Law Award Winners. The Daily Record honors 24 members of the legal community with the Leadership in Law Award. The award recognizes those individuals whose leadership, both in the legal profession and in the community, has made a positive impact on our state. Recipients of this award demonstrate outstanding achievements in these key areas: achievement in law; involvement in the profession; support of the community and mentoring.
. . . . .
Congratulations to the Maryland Defense Counsel (MDC) for winning the 2008 DRI Diversity Award for the “Great Strides, Great Struggles: The Continuing Case for Diversity 70 Years after Murray” program this past May.
GDLD was a proud underwriter of the program, which celebrated the 70th anniversary of Donald Gaines Murray’s graduation from the University of Maryland School Of Law. Nikki Nesbitt of GDLD is a member of the executive board of the MDC and serves as co-chair of its Legislative Committee. She is also actively involved in the Defense Research Institute, a national organization of defense trial lawyers and corporate counsel, as a member of its Lawyers Professionalism and Ethics Committee.
. . . . .
Eight attorneys of Goodell, DeVries, Leech & Dann, LLP ranked as Best Lawyers
The 2009 edition of The Best Lawyers in America recognizes eight attorneys at Goodell, DeVries, Leech & Dann, LLP (GDLD). Managing Partner Linda S. Woolf was honored as a Best Lawyer in the area of Commercial Litigation. Charles P. Goodell, Jr. was selected as a Best Lawyer, again, in the area of Mass Tort Litigation.
Four GDLD attorneys are consecutive honorees in the area of Medical Malpractice Law: Donald L. DeVries, Jr., Amy B. Heinrich, Craig B. Merkle, and Susan Preston. Mr. DeVries was also recognized in the area of Personal Injury Litigation. Jeffrey J. Hines was selected again this year as a Best Lawyer in the area of Legal Malpractice Law. Sidney G. Leech was recognized again this year for the practice of Commercial Litigation and Personal Injury Litigation.
. . . . .
Congratulations to Thomas J.S. Waxter, III on his installment as the President of the Bar Association of Baltimore City for 2008-2009. Mr. Waxter joined the firm in 1995 and concentrates his practice on products liability defense, toxic torts and commercial litigation. Mr. Waxter has been an active member of The Bar Association of Baltimore City since 2002 and, prior to his installment as President, he served as President Elect, 2007- 08; Vice President, 2006-07; Treasurer, 2005-06; Secretary, 2004-05; and Member, Executive Council, 2002-present. In addition to serving on BABC’s Judicial Selections Committee, Products Liability Committee, and Workers Compensation Committee Mr. Waxter has also held the following positions with BABC: Chair, Long Range Planning Committee, 2007-08; Chair, Budget and Finance Committee, 2005-06; Co-Chair, Membership Committee, 2002-04.
. . . . .
Linda S. Woolf has been named by Maryland Super Lawyers magazine as one of the outstanding attorneys in Maryland for 2008. Only five percent of the lawyers in the state are named by Super Lawyers. Besides being named in Maryland Super Lawyers magazine, Linda S. Woolf was also listed as a Top Attorney in Business Litigation in the Super Lawyers – Corporate Counsel Edition, a new publication from Key Professional Media that includes lists of top business and corporate lawyers who have been recognized by Super Lawyers from across the country.
The selections for Super Lawyers are made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, MN. Each year, Law & Politics undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the Law & Politics’ attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. Super Lawyers can be found online at superlawyers.com, where lawyers can be searched by practice area and location.
. . . . .
Goodell, DeVries, Leech & Dann, LLP is pleased to announce that the following lawyers have been elected to join the firm as partners, effective January 1, 2008:
Michele R. Kendus
Shannon M. Marshall
K. Nichole Nesbitt
and
Marianne DePaulo Plant
. . . . .
Nine Goodell, DeVries Attorneys Honored As “Super Lawyers”
Goodell, DeVries, Leech & Dann, LLP is pleased to announce that nine of its attorneys have been selected as “Super Lawyers” by Law & Politics. Two of our attorneys are among the Top 10 lawyers in Maryland; two attorneys are ranked among the Top 25 Female lawyers in Maryland, and three attorneys are ranked among the Top 50 lawyers in Maryland.
Managing Partner, Linda Woolf, is honored again as a Super Lawyer in the area of Business Litigation as well as being selected as one of the Top 25 Female Super Lawyers in Maryland. In addition to her recognition in the area of Personal Injury Defense of Medical Malpractice, Susan Preston is also again honored as one of the Top 10 Super Lawyer in the State, a Top 50 Super Lawyer overall and a Top 25 Female Super Lawyer. Donald L. DeVries, Jr. is again a Top 10 Super Lawyers in the State, a Top 50 Super Lawyer overall and is again recognized as a Super Lawyer in the area of Personal Injury Defense: Medical Malpractice.
Charlie P. Goodell, Jr., Rick M. Barnes, and Thomas J. Cullen, Jr. are again honored as Super Lawyers in the area of Personal Injury Defense: Product Liability. Sid Leech was chosen as Super Lawyer for Personal Injury Defense of Product Liability. Also honored again this year as Super Lawyers are Craig B. Merkle, in the area of Personal Injury Defense: Medical Malpractice and Thomas V. Monahan, Jr., in the area of Civil Litigation Defense.
. . . . .
Kamil Ismail has been appointed by Governor Martin O'Malley to the Trial Courts Judicial Nominating Commission for Baltimore City. Mr. Ismail will serve along with 12 other commission members to evaluate candidates for judicial appointment to all trial courts in Baltimore City and to select and nominate qualified candidates for the Governor's consideration.
. . . . .
Seven lawyers from Goodell, DeVries, Leech & Dann, LLP were recently selected by their peers for inclusion in The Best Lawyers in America 2008.
In its 25th anniversary edition of The Best Lawyers in America 2008, seven lawyers from Goodell, DeVries, Leech & Dann, LLP are honored in five different practice areas.
In the area of Medical Malpractice Law four Goodell, DeVries partners are named Best Lawyers: Donald L. DeVries, Jr., Amy B. Heinrich (consecutive year), Craig B. Merkle, and Susan T. Preston. Don DeVries was also honored as a Best Lawyer in the area of Personal Injury Litigation.
Again this year Charles P. Goodell is honored as a Best Lawyer in the area of Mass Tort Litigation and Jeff Hines has been selected as a Best Lawyer in the area of Legal Malpractice Law. Sid Leech is also honored again this year as a Commercial Litigation Best Lawyer and is also selected as a Best Lawyer in the area of Personal Injury Litigation.
Best Lawyers is universally regarded as the definitive guide to legal excellence in the United States. Being listed in Best Lawyers is considered a singular honor as selection to Best Lawyers is based on a rigorous peer-review survey of more than 2 million confidential evaluations by top attorneys in the country.
. . . . .
Chambers USA recognizes GDLD as a Leading Law Firm and names 3 Partners as Leaders in Health Care Defense
Goodell, DeVries, Leech & Dann, LLP has again achieved recognition as a Leading Law Firm in Maryland by Chambers USA: America’s Leading Lawyers for Business. The 2007 publication also names three GDLD Partners as leaders in their practice areas.
Partners Don DeVries, Craig Merkle and Susan Preston are ranked as Leading Individuals for their Health Care practice. Chambers highlights Don DeVries as a “superb lawyer” who is hailed for his medical malpractice defense work and is acclaimed as “one of the best out there.”
Chambers USA is an annual publication ranking law firms and attorneys based on in-depth interviews with attorneys, clients and corporate counsel. The 2007 rankings were based on over 10,000 interviews assessing “technical legal ability, professional conduct, client service, commercial awareness and astuteness, diligence, commitment and other qualities valued by client respondents.”
. . . . .
GDLD is pleased to welcome back former Partner Jim Frederick. Mr. Frederick rejoins GDLD after serving as an Assistant United States Attorney for the District of Maryland from 2004-2007. With more than 15 years of experience as a skilled litigator, Mr. Frederick advises and defends clients in all aspects of complex litigation and will concentrate his practice in the areas of pharmaceutical/medical device, products liability, commercial and professional liability defense. Mr. Frederick has represented clients and tried cases to verdict in a number of state and federal courts throughout the United States, including Maryland, Louisiana, Virginia and the United States District Court for the districts of Maryland, the District of Columbia, Maine, the Southern District of New York, the Eastern District of Virginia and the Eastern District of Louisiana. He has argued before the Maryland Court of Special Appeals and the United States Court of Appeals for the 4th Circuit. Mr. Frederick graduated from The Dickinson School of Law in 1992 and first joined GDLD as an associate in 1999.
. . . . .
Congratulations to Linda S. Woolf for being named one of The Daily Record's Maryland's Top 100 Women for 2007. The award recognizes successful female professionals who also give back to their professions and communities by mentoring others and by personal community involvement.
. . . . .
EIGHT GOODELL DeVRIES ATTORNEYS NAMED SUPER LAWYERS
Goodell, DeVries, Leech & Dann is pleased to announce that eight of its attorneys have been selected as “Super Lawyers” by Maryland Super Lawyers, published by Law & Politics. Three of our eight made the “Tops” list, they are: Donald L. DeVries, Jr. who is named as one of the Top 10 Maryland Super Lawyers and also recognized as a leader in the area of Personal Injury Defense: Medical Malpractice; Susan T. Preston who is named as one of the Top 50 Super Lawyers as well as one of the Top 25 Women Super Lawyers and is also recognized as a leader in the area of Personal Injury Defense: Medical Malpractice; and Linda S. Woolf who is named one of the Top 25 Women Super Lawyers and is also recognized as a leader in the area of Business Litigation. Additionally, Charlie P. Goodell, Jr., Rick M. Barnes, and Thomas J. Cullen, Jr. are named Super Lawyer in the Personal Injury Defense: Products area. Craig B. Merkle is named a Super Lawyer in the area of Personal Injury Defense: Medical Malpractice and Thomas V. Monahan, Jr. is named a Super Lawyer in the area of Civil Litigation Defense.
. . . . .
Congratulations to Donald L. DeVries, Jr., Charlie P. Goodell, Jr., Jeff J. Hines, Sid Leech and Amy B. Heinrich as they were recently selected by their peers for inclusion in The Best Lawyers in America® 2007 (Copyright 2006 by Woodward/White, Inc., of Aiken, S.C.).
top
RECENT COURT PROCEEDINGS
On November 13, 2008, Thomas J. Cullen, Jr. and Constantine J. Themelis obtained a defense verdict on behalf of Crown Equipment Corporation in the Supreme Court of the State of New York in Suffolk County. In this case, Hutchinson, et ano. v. Crown Equipment Corporation, et al., Anthony and Denise Hutchinson sought compensatory damages on one count each of strict liability product defect, negligence and breach of implied warranty for severe crush injuries Hutchinson sustained to his left leg, knee and back in a workplace accident. Plaintiff was totally disabled for a period of years and claimed to have permanent disability allowing only 3-4 hours of productive daily work capacity in the future. Plaintiffs’ claims of defect included the alleged failure to fully enclose the operator compartment and the alleged failure to employ a second brake switch creating redundancy in the safety system of a Crown stand-up rider forklift. Crown presented expert testimony from mechanical and biomechanical engineers establishing the safety of the operator compartment design as well as the fail-safe braking system. Crown also presented expert testimony from a statistician to provide comparative analysis establishing the safety of the forklift.
After nearly five weeks of trial, the jury deliberated for less than one and a half hours before unanimously reaching a full defense verdict on both the strict liability and breach of implied warranty causes of action.
Goodell, DeVries asbestos lawyers secure summary judgment victory in the Superior Court for the District of Columbia
On September 17, 2008, Thomas M. Goss and Malcolm S. Brisker of Goodell, DeVries, Leech & Dann, LLP obtained summary judgment in favor of a third party defendant in an asbestos mesothelioma case before the Honorable Judith Bartnoff in the Superior Court for the District of Columbia. The third party defendant was a manufacturer of a product allegedly containing asbestos.
The Motion for Summary Judgment argued that the third party plaintiff had failed to prove that the defendant’s product was a substantial contributing factor as required under D.C. law. The Court agreed and issued a five page unpublished opinion awarding summary judgment.
Goodell, DeVries, Leech & Dann, LLP Obtains Summary Judgment In Favor of the Manufacturer and Distributor of a Medical Product Under the Doctrine of Federal Preemption
Recently, Richard M. Barnes and Michele R. Kendus of Goodell, DeVries, Leech & Dann, LLP obtained summary judgment in favor of their clients in a medical product liability case before the Honorable Judge Benson Legg in the United States District Court for the Northern District of Maryland. The plaintiff in the case brought claims against the manufacturer and distributor of a prescription medical product known as a dermal filler, which is used in cosmetic procedures to reduce the appearance of wrinkles. The plaintiff claimed that her plastic surgeon injected the dermal filler into areas of her face and she experienced an inflammatory response that required surgical excisions to treat. The plaintiff's claims sounded in negligence, strict product liability, breach of express and implied warranties, and violation of the Maryland Consumer Protection Act.
The defendants' Motion for Summary Judgment argued that each of the plaintiff's claims sounded in failure to warn, and were therefore barred by the Federal Preemption Doctrine, because the product and its warning label had been approved by the Food and Drug Administration (FDA) in accordance with the pre-market approval (PMA) process under the Medical Device Amendments of 1976. The defense also argued that the warning label provided with the product was adequate as a matter of law, and that the plaintiff failed to meet her burden, under the Learned Intermediary Doctrine, to prove that an alternative warning would have altered her physician's decision to inject the product.
Following oral argument on all of the issues, the Court issued a ten page unpublished opinion awarding summary judgment. The Court agreed with the defense arguments that all of the plaintiff's claims sounded in failure to warn, and that all such claims were pre-empted because the product had undergone rigorous review by the FDA in accordance with the PMA process. The Court also commented in its opinion that even if the plaintiff's claims were not pre-empted, the available warning was adequate as a matter of law.
On July 23, 2008 Craig S. Brodsky, George S. Mahaffey, and Paula Krahn Merkle successfully obtained the dismissal of a Chapter 11 bankruptcy case that had been filed on the eve of trial. In the case, In re Mortgage Banking Trust, the debtor was a trust established by the grantor as part of his overall estate plan. The trust filed for bankruptcy protection to avoid a state court trial in a proceeding to determine the amount of gift owed to the decedent's wife under his will. The Court held a two day evidentiary hearing and concluded, in a 19 page opinion, that the trust was not eligible for bankruptcy protection because it was a donative trust rather than a business trust, and thus was not a person eligible for protection under the Bankruptcy Code.
On June 25, 2008, Constantine J. Themelis of Goodell, DeVries, Leech and Dann, LLP obtained a defense verdict on behalf of Interstate Bakeries Corporation in the Circuit Court for Montgomery County. In this case, Plaintiff, a customer in a grocery store, alleged he was negligently knocked down by an Interstate Bakeries employee who was transporting two loaded bread carts. The Plaintiff alleged that he sustained a fracture to his left hip and claimed permanent disability as a result of this incident. After less than thirty minutes, the jury concluded that Interstate Bakeries Corporation was not negligent.
Goodell, DeVries, Leech and Dann, LLP Successfully Defends a Leading Manufacturer of Material Handling Equipment Against Design Defect Claims
in a Federal District Court in Missouri
On May 1, 2008, Thomas J. Cullen, Jr. and Renée N. Sewchand of Goodell, DeVries, Leech and Dann, LLP obtained a defense verdict on behalf of Crown Equipment Corporation in Springfield, Missouri, before the Honorable Gary A. Fenner of the United States District Court for the Western District of Missouri.
Through their counsel, Steve Garner and Chandler Gregg at Strong-Garner-Bauer, P.C., Darin and Denise Martin sought compensatory and punitive damages on one count each of strict liability product defect and negligence for a severe crush injury Martin sustained to his right leg and knee in a workplace accident. Plaintiffs claimed that the design of the stand-up rider forklift was defective and that it enhanced the injury Martin sustained during the accident. Plaintiffs proffered the alternate design theory that stand-up rider forklifts should be fully enclosed with latched operator compartment doors to protect lower appendages in hit fixed object impacts. Crown presented biodynamic testing, medical evidence, and testimony from mechanical and biomechanical engineers to establish the reasonableness of Crown’s open operator compartment design.
After nearly two weeks of evidence, the jury deliberated for less than one and a half hours before unanimously reaching a full defense verdict. The jury entered a verdict in favor of Crown on the product defect claim, and found Crown 0% at fault on the negligence claim.
Goodell, DeVries, Leech & Dann, LLP Obtains Fourth Circuit Affirmance of Important Dismissal for Local Government in Long-Running Environmental Litigation
On April 23, 2008, the United States Court of Appeals for the Fourth Circuit, in a published opinion, affirmed the dismissal of Carroll County, Maryland from a federal law suit alleging violations of the Clean Water Act. Piney Run Preservation Ass’n v. Carroll County, Maryland, United States Court of Appeals for the Fourth Circuit, Case No. 07-1348. Attorneys Linda S. Woolf, K. Nichole Nesbitt, and Joseph B. Wolf of Goodell, DeVries, Leech & Dann secured the victory, which established important authority on the issue of “diligent prosecution” in environmental cases.
This suit was the latest action in a long history of attempts by certain Baltimore County landowners to impose liability on the Carroll County government for alleged thermal pollution of the Piney Run stream. Carroll County operates a wastewater treatment plant that discharges treated wastewater into the Piney Run, which runs through the landowners’ properties. In this suit, the landowners alleged that the County is in violation of the federal Clean Water Act because, on isolated occasions during the hottest days of the year, the temperature of the treated wastewater exceeds the temperature limit contained in the plant’s discharge permit by one or two degrees. The plaintiffs argued that the County should be required to construct million-dollar mechanical cooling towers to chill the wastewater before discharging it into the Piney Run.
Carroll County moved to dismiss the suit for lack of subject matter jurisdiction, arguing that any permit violations were being “diligently prosecuted” by the Maryland Department of the Environment (MDE), the governing agency. MDE had brought an enforcement action against Carroll County and subsequently executed a comprehensive Consent Judgment, pursuant to which the County is required to pay penalties for any violations of the permit and engage in extensive efforts to improve the environmental wellbeing of the Piney Run and its aquatic and plant life. The County argued that, under the terms of the Clean Water Act, such diligent prosecution is a bar to any Citizen’s Suit, such as the one brought by the plaintiffs. The United States District Court for the District of Maryland agreed and dismissed the action with prejudice.
The Fourth Circuit has now affirmed the dismissal. The court held that MDE’s decision to enter into the Consent Judgment is “precisely the type of discretionary matter to which we should defer.”
On April 21, 2008, Amy B. Heinrich and Shannon M. Marshall obtained a defense verdict on behalf of their clients, a neurosurgeon and his professional association, in the Circuit Court for Montgomery County Maryland. In Cobb-Edwards v Fossett et al, the jury found that the defendant neurosurgeon did not breach the standard of care in the performance of a two level hemilaminectomy and discectomy. The Plaintiff claimed permanent disability and chronic pain as a result of the surgery. The jury concluded, after a six day trial, that the Plaintiff had not established any deviations from accepted neurosurgical standards of care.
On January 23, 2008, Thomas J. Cullen, Jr. and Constantine J. Themelis obtained a defense verdict on behalf of Crown Equipment Corporation after an eight-day bifurcated jury trial on liability issues in the Supreme Court of New York in the County of Nassau. In this case, Thone v. Crown Equipment Corporation, Plaintiff alleged, due to design defects of a Crown stand-up rider forklift, he suffered an amputation injury to his left leg. Plaintiff’s claims of defect included the alleged failure to fully enclose the operator compartment and the alleged failure to employ a second brake switch creating redundancy in the safety system. Crown presented expert testimony from mechanical and biomechanical engineers establishing the safety of the operator compartment design as well as the fail-safe braking system.
After only 30 minutes of deliberation, the jury concluded that the forklift was not defective as alleged by the Plaintiff. The jury did not reach the comparative fault question.
Goodell, DeVries, Leech & Dann obtains victory in the Court of Special Appeals
The Court of Special Appeals of Maryland affirmed summary judgment obtained by Craig B. Merkle and Marianne DePaulo Plant in favor of their client, an obstetrician/gynecologist, in a wrongful death claim based on alleged medical malpractice. In the underlying proceedings, plaintiffs asserted that the defendant doctors failed to timely diagnose their patient's endometrial and ovarian cancer. However, during discovery depositions, plaintiffs' medical experts were unable to articulate the impact of this alleged delay in diagnosis, and conceded that even after the alleged delay the patient had a fifty to sixty percent likelihood of surviving her cancer. GDLD moved for summary judgment at the close of discovery. In opposing GDLD's motion for summary judgment, plaintiffs submitted the affidavits of two experts containing previously-undisclosed opinions on cause of death. The Circuit Court for Anne Arundel County struck the affidavits for materially contradicting the experts' prior sworn testimony, and entered summary judgment in favor of the defendants.
The Court of Special Appeals reviewed and affirmed both rulings, stating that to recover under the wrongful-death act, a plaintiff in Maryland must prove that the negligence of the defendant caused the wrongful death of another. The Court observed that none of plaintiffs' experts testified in deposition that the death was caused by the defendants, and that a causal connection could not be inferred from the testimony of these experts. The Court further held that proof that the defendants’ alleged negligence reduced the decedent’s chance of survival by twenty to thirty percent (i.e., from eighty percent to between fifty and sixty percent) did not show a ‘probability’ that the alleged negligence caused the decedent to die. Marcantonio, et al. v. Moen, et al., , 2007 WL 4547583, Md.App., December 24, 2007 (No. 1428 Sept. Term 2006).
http://mdcourts.gov/opinions/cosa/2007/1428s06.pdf
Goodell, DeVries, Leech & Dann Obtains Defense Verdict on Behalf of Midwives and Hospital in Case Involving Infant Death Following Uterine Rupture
Donald L. DeVries, Jr. and Nichole Nesbitt obtained a defense verdict on behalf of MedStar-Georgetown Medical Center and its employees after a jury trial in the Superior Court for the District of Columbia on October 25, 2007. The case, Schneider v. MedStar-Georgetown Medical Center, Inc., et al., involved issues concerning the autonomy of independently-licensed certified nurse midwives and the informed consent implications of vaginal birth after cesarean section (VBAC).
The plaintiff in this case had previously delivered twins via cesarean section. When she became pregnant for the second time, she expressed a desire to attempt a vaginal birth and discussed this possibility with her obstetrician at Georgetown, who determined that she was a good candidate for VBAC. The plaintiff thereafter decided to see Georgetown’s certified nurse midwives for the remainder of her prenatal care. The certified nurse midwives at Georgetown practiced independently of the obstetricians but had a system in place for consulting with the obstetricians should the need arise.
The plaintiff’s pregnancy progressed normally, and the midwives counseled the plaintiff extensively concerning her upcoming birth. When the plaintiff went into labor, however, she did not contact the midwives or anyone else at the hospital and instead elected to labor at home for several hours with a private birth attendant. While at home, she experienced severe pain and bleeding and rushed to the hospital, where a uterine rupture was diagnosed and an emergency cesarean section was performed. The infant was resuscitated following delivery but died three days later. The plaintiff’s ruptured uterus was repaired and she went on to carry and deliver a healthy baby two years later.
The plaintiff alleged that she was not properly advised of the risks associated with VBAC and was not counseled properly about reporting to the hospital early in labor. The plaintiff also alleged that the midwives were incapable of managing her care independently and should have collaborated closely with the obstetricians. The defense argued that certified nurse midwives in the District of Columbia – and, in particular, the midwives at Georgetown – were independent practitioners who were capable of managing a patient’s care without the supervision or collaboration of an obstetrician. They also argued that the midwives counseled the plaintiff appropriately concerning VBAC, including the risk of uterine rupture, the need to contact the midwives at the onset of labor, and the importance of coming to the hospital early in labor so that she could be monitored.
After a two-hour deliberation, the jury concluded that the midwives met the standard of care in the treatment of the plaintiff and therefore were not liable for her alleged injuries or the death of the child
Goodell, DeVries, Leech & Dann Successfully Defends Doctor in Malpractice Case Alleging Failure to Diagnose MRSA Mastitis.
Craig B. Merkle and Marianne DePaulo Plant obtained a defense verdict on behalf of their physician client and her practice group after a jury trial in the Circuit Court for Anne Arundel County from July 24, 2007 to July 30, 2007. Hayes v. CWC, et al. involved a post-partum patient who developed a breast infection caused by methicillin-resistant staphylococcus aureus (MRSA). The patient alleged that she phoned the defendant obstetrician-gynecologists several times about her condition, and that she came to the office twice seeking treatment for her developing infectious process. The patient reported to the physicians that her newborn son had been hospitalized with a staph infection in the week prior to her onset of symptoms. The physicians diagnosed mastitis, and empirically prescribed an antibiotic to which the infection was not sensitive. It was alleged that the defendant doctors failed to seek details regarding the child's infection, and that had they done so they would have learned that he, and their patient, had a resistant strain of staph that required a different antibiotic to be effectively treated. Ultimately, the patient required breast surgery as a result of the infection. The jury concluded that the doctors met the standard of care in the treatment of the patient and therefore were not liable for her alleged injuries.
top
PRESS RELEASE
Press Release
June 13, 2008
Chambers USA ranks GDLD as the Leading Law Firm in Maryland for Medical Malpractice Defense
Goodell, DeVries, Leech & Dann, LLP is recognized as the “top in the field of medical malpractice defense in Maryland” for 2008 by Chambers USA.
Partners Donald L. DeVries Jr., Craig B. Merkle, and Susan T. Preston are recognized as three top Leaders of Maryland’s medical malpractice defense law. Ranked as the number 1 medical malpractice attorney in Maryland for 2008, Donald L. DeVries Jr. is regarded as the “top of the heap in medical malpractice” defense. Both Craig B. Merkle and Susan T. Preston were also honored for their medical negligence defense of hospitals and physicians by Chambers USA. This is the fourth consecutive year Craig B. Merkle has been recognized by Chambers USA. Susan T. Preston has been recognized for three consecutive years.
Chambers USA is an annual publication ranking law firms and attorneys based on in-depth interviews with attorneys, clients and corporate counsel. These 2008 rankings were based on peer interviews assessing “technical legal ability, professional conduct, client service, commercial awareness and astuteness, diligence, commitment and other qualities valued by client respondents.”
Goodell, DeVries, Leech & Dann, LLP located in Baltimore, Maryland, has fifty-two attorneys all of whom practice in the area of complex litigation and litigation management. The firm is best known for its expertise in the defense of pharmaceutical/medical device product liability and serious medical malpractice cases and also has an extensive practice in mass tort, commercial, employment, and insurance coverage litigation. www.gdldlaw.com
..........
Press Release
March 12, 2008
CRAIG B. MERKLE ADMITTED TO AMERICAN COLLEGE OF TRIAL LAWYERS
Craig B. Merkle has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America.
The induction ceremony at which Craig B. Merkle became a Fellow took place recently before an audience of approximately 800 persons during the recent 2008 Spring Meeting of the College in Tucson, Arizona.
Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.
Membership in the College cannot exceed one per cent of the total lawyer population of any state of province. There are currently approximately 5,661 members in the United States and Canada, including active Fellows, Emeritus Fellows, Judicial Fellows (those who ascend to the bench after their induction) and Honorary Fellows.
Mr. Merkle is a 1981 graduate of the Duke University School of Law. He is one of the founding partners of Goodell, DeVries, Leech & Dann, LLP. His practice is concentrated in the areas of medical malpractice and medical drug and device defense.
top
