News & Results

Defense verdict on behalf of cardiologist in Prince George’s County Circuit Court in a wrongful death action involving a 19-year-old basketball player who collapsed on the court and died, having been cleared by the cardiologist after a similar syncopal episode the year prior.

Congratulations to Lee Rutland! He has been named the 2024 "Lawyer of the Year" for Medical Malpractice Law - Defendants in Annapolis by Best Lawyers.

Wharton Levin is proud to announce that Lee Rutland, Daniel Costello, and Michael Wiggins were recently selected by their peers for inclusion in the 30^th edition of The Best Lawyers in America®  in the field of Medical Malpractice Law.

Defense verdict in Fairfax County, VA, in a case involving allegations that a pain management physician negligently performed PRP injections, resulting in thoracic outlet syndrome and occipital neuralgia.

Michael Wiggins has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America.

The induction ceremony at which Mr. Wiggins became a Fellow took place recently before an audience of approximately 525 during the recent Spring Meeting of the College in Key Biscayne, Florida.

Founded in 1950, the College is composed of the best of the trial bar from the United States, Canada and Puerto Rico. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, 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 percent of the total lawyer population of any state or province. There are currently approximately 5,800 members in the United States, Canada and Puerto Rico, including active Fellows, Emeritus Fellows, Judicial Fellows (those who ascended to the bench after their induction) and Honorary Fellows. The College maintains and seeks to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings. The College is thus able to speak with a balanced voice on important issues affecting the legal profession and the administration of justice.

Mr. Wiggins is a Shareholder with the Firm and has been practicing for 29 years. He is an alumnus of the University of Baltimore School of Law.

Summary judgment obtained in favor of D.C. Hospital in a case involving allegations of negligent and aggressive insertion of an IV catheter resulting in permanent nerve damage and disability in the right arm.

Congratulations to Tim Fisher who was recently elected to membership with the Maryland chapter of the American Board of Trial Advocates. ABOTA is an invitation-only organization. Members must have at least five years of active experience as trial lawyers, have tried at least 10 civil jury trials to conclusion and possess additional litigation experience. Members must also exhibit the virtues of civility, integrity and professionalism by following its Code of Professionalism and Principles of Civility. For more information about ABOTA, please visit the website abota.org. 

Defense verdict in Montgomery County in a case against a cardiac electrophysiologist alleging negligent failure to inform the plaintiff regarding a potential prophylactic lead revision procedure of her ICD’s lead wires which were under an advisory, resulting in the patient experiencing twenty-one inappropriate discharges to her heart.

Robert Dale Klein (“of counsel”) has released the 38th annual supplement of his highly popular two-volume treatise, Maryland Civil Procedure Forms with Practice Commentary (published by Matthew Bender & Company).

Successfully persuaded the Virginia Court of Appeals that a misdiagnosis could not serve as the basis for a claim of lack of informed consent.  An interventional neuroradiologist was found liable on the basis of negligence and/or lack of informed consent for recommending surgery on an aneurysm that he believed previously ruptured, and thus, was at high risk for re-rupture. The Court of Appeals found that his conclusion that the aneurysm previously ruptured, and the failure to inform the patient that the aneurysm may not have previously ruptured, was not an appropriate basis for a lack of informed consent claim. 

Congratulations to Jim Drnec for his recent inclusion in DelawareToday Top Lawyers of 2022 for Medical Malpractice Defense!

Defense verdict in New Castle County Superior Court where a patient claimed a critical care surgeon caused a stomach perforation during placement of gastrostomy, and subsequent injury to the superior mesenteric artery during the repair of the perforation, ultimately leading to bowel ischemia, necrosis, and death. 

Defense verdict in Baltimore City after a two-week wrongful death trial. An Internal medicine physician was found not liable for allegedly failing to diagnose a dislodged and infected PEG tube in a post-stroke patient, which Plaintiffs claimed led to her death.

Congratulations to Steve Altman who was just included in the “Top Lawyers Hall of Fame” in the September 2022 issue of Washingtonian Magazine! To be included, a lawyer must be named at least 10 out of the past 15 years to Washingtonian Magazine’s “Top Lawyer” list. 

Defense verdict in Kent County, Delaware, after an 8-day wrongful death trial. Hospital system, along with two emergency medicine providers, found not liable for allegedly failing to diagnose and treat a patient with an IVC filter complication which caused a lacerated aorta and death within 24 hours of being discharged from the emergency department.

Defense verdict in Prince George’s County on behalf of a vascular surgeon where it was alleged that the surgeon negligently repaired an AVF resulting in a femoral artery injury requiring transfer and subsequent surgeries. The Plaintiff also claimed that the providers failed to appropriately manage the patients wound vac requiring additional wound repair surgeries.

Defense verdict in the District of Columbia on behalf of an orthopaedic spine surgeon. The Plaintiff alleged the Defendant failed to recommend and perform further cervical spine surgery within weeks following an initial anterior cervical diskectomy and fusion that was complicated by a C5 palsy. The Plaintiff also alleged that this delay resulted in permanent right upper extremity weakness.

After an 8 day trial, defense verdict in Fairfax County, Virginia, for a pain management physician alleged to have injected cement outside of the sacrum during a sacroplasty resulting in an L5 nerve root injury, drop foot and chronic pain.

Defense verdict in Fairfax County, Virginia, in a case in which the jury found that a cardiologist was entitled to statutory immunity. Plaintiff alleged that the cardiologist was liable for plaintiff’s death because she failed to review and act on the results of a chest x-ray revealing a lung mass, which led to an alleged delayed diagnosis of lung cancer. The defense successfully argued that she was entitled to statutory immunity because she was not aware that the chest x-ray was ordered, nor did she assume responsibility to review or act on the results.

Best Lawyers and U.S. News & World Report announce the selection of Wharton Levin Ehrmantraut & Klein in the 2022 Edition of "Best Law Firms" as a First-Tier firm in Virginia.

December 2021