This post looks at average workers’ comp payout for shoulder injuries in Maryland such as a torn labrum or torn rotator cuff. We will look at some of the most common types of workplace shoulder injuries and examine how the typical course of treatment for these injuries can impact their workers’ comp value in Maryland.

Workplace Shoulder Injuries

The shoulder is a vitally important part of the body with a lot of moving parts. The shoulder joint is where the large ball at the top of the upper arm bone (humerus) connects into the shoulder socket (glenoid). The labrum is a cartilage disc that lines the shoulder socket and functions as a stabilizer to restrict the movement of the humerus ball in the socket. The rotator cuff is a group of tendons and muscles that closely encase the shoulder socket basically hold everything in place.

Elmiron is a very popular prescription drug used by millions for the treatment of chronic bladder problems. It is also a popular originator of mass tort lawsuits in 2021.  We have the latest news on the Elmiron MDL lawsuit in this post.

Elmiron Appeared to Be a Great Drug

Elmiron started off as a miracle of scientific innovation.  In October 2019, eye doctors at Emory University School of Medicine made a chance discovery that long-term use of Elmiron can cause a unique and serious eye disease called pigmentary maculopathy. Pigmentary maculopathy can cause blindness or vision impairment and the only known cause of this condition is the use of the drug Elmiron.

Under Maryland law, a legally binding contract must be supported by consideration provided by both parties.  Consideration is something of value that is bargained for and received by a promisor from a promise. In practical terms, this means both parties have to be giving up something for there to be a valid contract. Let’s do a quick example to make sure we are reading off the same page.  You say you like my shirt.  I say I’ll give it to you if you like it that much.  Let me just wash it for you.  I change my mind.  We do not have a valid contract because you did not give or promise to give me anything of value. Let’s change it.  You say you like my shirt.  I say I’ll give it to you if you promise to drive me to the store to get myself a new one.  That offer to drive me to the store is valid consideration because you now have a bargained-for exchange, albeit maybe an unfair one.

Maryland Law on Contract Consideration

Under Maryland Commercial Law Article, Section 3-303(b), consideration is defined as any consideration sufficient to support a simple contract. Like many states, Maryland courts will not get bogged down in how valuable the consideration was or whether the deal is fair.  So unless there if foul play, Maryland courts will not inquire into the adequacy of value exacted for a promise so long as it has some value. Blumenthal v. Heron, 261 Md. 234, 274 A.2d 636 (1971).  Even $1 in consideration may be sufficient to form a contract under Maryland law.

Maryland’s state legislature is called the Maryland General Assembly. The General Assembly has an upper and lower house (just like the U.S. Congress and Senate) and members are elected to 4-year terms. The General Assembly meets annually for 3-month sessions at the begging of each calendar year (January to April). Any new laws that get passed in this session at the start of the year go into effect on the 1st of October. So, each year at the start of October Marylanders have to adjust to new laws and 2020 is no exception. Below, I summarize some more significant new Maryland laws that took effect on October 1st

Discrimination Based on Certain Race-Associated Hairstyles is Prohibited

Maryland law already prohibits racial discrimination in employment, housing, and other public services. Now a new amendment to this law will extend that prohibition against discrimination based on certain hairstyles that are commonly associated with African Americans. Hairstyles, specifically hair texture and afro hairstyles, are now included in the state’s definition of “race” for purposes of discrimination. This is one of the very first state laws of this type in the entire country. The law applies to all Maryland employers with 15 or more employees.

Whether a couple is married has so many social and legal implications.  So the question of whether Maryland recognizes common law marriage is an important and sometimes complex question.

Does Maryland Law Recognize Common Law Marriages?

Maryland law does not recognize common-law marriages. There are only ten states and the District of Columbia that still recognize common-law marriages.

But, and this is the key, if a valid common-law marriage has been created in a jurisdiction that recognizes common law marriages, the marriage is valid in Maryland.

If someone has wrongfully and intentionally caused you great emotional harm in Maryland, you may have a claim for the intentional inflection of emotional distress.

Maryland law, however, does not make it easy to bring an intention infliction of emotional distress claim.  To bring this tort, the plaintiff must demonstrate a “truly devastating effect” from the defendant’s behavior.  The emotional response must be so awful that “no reasonable person could be expected to endure it.”

What Are the Elements of Intentional Infliction of Emotional Distress in Maryland?

The elements of the tort of intentional infliction of emotional distress in Maryland are: (1) the conduct is intentional or reckless; (2) the conduct is extreme and outrageous; (3) there is a causal connection between the wrongful conduct and the emotional distress; and (4) the emotional distress is severe. In order for distress to be sufficiently severe to state a claim for intentional infliction of emotional distress, "the plaintiff must show that he suffered a severely disabling emotional response to the defendant's conduct, and that the distress was so severe that "no reasonable man could be expected to endure it.

Does Maryland Law Allow for Negligent Inflection of Emotional Distress Claims?

Maryland law does not recognize the independent tort of negligent infliction of emotional distress. But emotional distress is part of the plaintiff's damages in any case where there is an underlying tort, such as negligence.

As a personal injury lawyer, I get questions from people wanting to know if they can sue in various situations.  All of our attorneys do.  One of the questions we get most often is “can I sue if my dog gets attacked and injured by another dog?”

The emotional motivation is easy to understand, right? People really love their dogs and view them as full members of the family. If your beloved dog gets viciously attacked and injured or even killed by another dog right in front of you, it’s only natural to want some type of justice.

Our lawyers get this question so often is because dog-on-dog attacks are very common. According to the VCA, attacks by other dogs are the most common reason for emergency veterinarian care.

The statewide shutdown in response to the COVID-19 pandemic has crippled the economy and left thousands of Marylanders jobless. In the early stages of the pandemic shutdown, stimulus payments and expanded unemployment benefits enable many unemployed homeowners in Maryland to stay afloat financially. But as the economic sheltering continues more and more Marylanders are starting to run out of money and wondering how they are going to make their house payments.

Fortunately, both the federal government and the State of Maryland have enacted new laws and regulations to help struggling homeowners. This page will summarize all the current rules and programs that you need to know about it you are unable to make your house payments anymore.

Mortgage Relief and Foreclosure Protection for Federally Backed Loans

In Mayor of Baltimore City v. Prime Realty Assocs., L.L.C., the Court of Appeals of Maryland addressed the constitutional issue of notice and the opportunity to be heard.

Let me give you a quick summary and then we will dive deeper into it. The court addressed notice as it pertains to whether or not the method of substituted service upon the State Department of Assessments and Taxation (SDAT) prescribed by Maryland Rule 3-124(o) satisfies a litigant’s due process rights. The court held that Prime Realty’s failure to update its resident agent’s address with the SDAT didn’t invalidate the City’s attempts of service or the City’s use of substituted service upon the SDAT, as prescribed in Rule 3-124(o).

Accordingly, the court found that Maryland Rule 3- 124(o) provides due process of law, and the circuit court erred in invalidating the order ratifying the sale of Prime Realty’s vacant building.