Michele Bartoli Cain of Shulman Rogers Secures $1.4 Million Settlement in Medical Malpractice Case

Shulman Rogers is proud to announce that Michele Bartoli Cain a shareholder at the firm, recently obtained a significant settlement of $1.4 million on behalf of her client in a medical malpractice case.

The case involved the client’s metastatic prostate cancer, which was not treated in a timely manner.

The settlement was reached through the efforts of retired Judge Johanna Fitzpatrick and attorney Scott Kurlander, who served as co-mediators in the case.

Bartoli Cain was joined in representing the Plaintiff by attorney Wallace B. Wason, Jr.

The case revolved around the following facts:

The Plaintiff  underwent a radical prostatectomy following a diagnosis of prostate cancer.  After the surgery, the Plaintiff received follow-up care from his surgeon and was subsequently released to his primary care provider for ongoing monitoring. In post-surgery monitoring, the Plaintiff’s PSA (prostate-specific antigen) test results should have been below <.2ng/ml. Initially, the plaintiff’s PSA fell within the expected range. However, over time, the PSA levels increased, but the Plaintiff was not informed by his physician about the rising PSA results or their significance. Thus the recurrent cancer went undiagnosed. Eventually, the Plaintiff accessed his test results through his patient portal and sought medical care, leading to a diagnosis of extensive metastatic disease.

The allegations included that the defendant breached the standard of care in multiple respects, including the failure to appropriately respond to and act upon abnormal PSA test results, most significantly, the failure to inform the patient of these abnormal results. Tragically, just five weeks after the case was resolved through mediation, the patient passed away at the age of 65.

Reflecting on the matter, Bartoli Cain stated, “While we are pleased to have achieved justice for our client through this settlement, it is, of course, bittersweet, considering the untimely passing of the patient.”

Battery District: Creating the Most Livable Edge Neighborhood in Downtown Bethesda

Nancy Regelin secured entitlements for the redevelopment of 11 acres on Battery Lane in Downtown Bethesda for up to 1,130 du units (1,335,000 sf).  With a rolling, thoughtfully-phased approach taking place over the next 15 years, the Family owners plan to redevelop the existing aging properties to create six new, modern apartment buildings that will serve mixed-income, multi-generational residents for decades to come. With the introduction of these all-new residential properties in downtown Bethesda, along with considerable improvements to the streetscape and open spaces, this redevelopment will fashion Battery Lane into one of the most beautiful and livable residential urban-edge neighborhoods in Bethesda.

Site C Battery District: First Site Plan of the Battery District February 2023

Nancy Regelin represented Brown Development on its first building in the Battery District that garnered unanimous Site Plan approval by the Montgomery County Planning Board.  Site C expands upon existing neighborhood assets to create a strong identity for Battery Lane District, enhancing access and connectivity between Battery Lane and the Woodmont Triangle, Downtown, NIH, the Bethesda Trolley Trail and Old Georgetown Road. Three segments of thru-block connections, wide expanses of open space, and outdoor amenities along with 315 dwelling units ranging from studios to three-bedroom-two-level units contribute to the overall quality of life for a vibrant, safe and healthy community of all ages, family sizes, and household incomes.

Successful First Outsale of a Multi-Site, Mixed-Use Development in North Bethesda

The initial out-sale of the first development site of a multi-site, mixed-use development required the satisfaction by the Seller of a myriad of entitlement conditions, title-clearing, and creation of development agreements.  Nancy Regelin represented the Seller in understanding and satisfying all conditions of Sketch, Preliminary Plan and Site Plan that were Seller’s responsibility, worked to clear easements and other title encumbrances, drafted and negotiated reciprocal easements, license agreements, and County required easements and development agreements, and represented Seller at Closing.

Global Headquarters: Novavax, Inc. Prepares for its Future

Nancy Regelin assisted Novavax, Inc. in preparing for its future growth, starting with site selection, due diligence, and acquisition through Sketch Plan, Schematic Development Plan and Site Plan approvals for a new Global Headquarters campus in Gaithersburg, MD.  As land use counsel, she guided the entitlement of an international-class biotechnology campus with two research & development buildings and an integrated light manufacturing annex, which embodies the company’s mission for innovation, health and sustainability.

Summary Judgment Against EEOC Lawsuit Alleging Sex and Race Harassment

The Equal Employment Opportunity Commission (“EEOC”) sued our client, a multi-family and commercial maintenance supply company, on behalf of one of our client’s former employees.  The EEOC claimed that our client’s former employee was subjected to a hostile environment on the basis of both her race and sex. Shulman Rogers’s Employment & Labor Law Practice Group successfully defended the matter in the United States District Court for the District of Maryland and obtained summary judgment in favor of our client dismissing the EEOC’s claims.

What If?

When the land mobile radio industry was at an impasse as to whether to move forward with the 800 MHz rebanding program, the Firm conceptualized the "what-if" rule, which was adopted by the FCC, to address interference after the rebanding program is completed.  The rule, already in use, has been successfully used by many public safety licensees. 

You Can Go, But Leave My Patients

We represented a cardiology practice group in litigation to enforce a restrictive covenant agreement against a former member of the group.  The defendant had resigned from the practice, and then actively solicited our client’s patients and attempted to establish a competing practice within a few miles of our client’s main office.  Initially, we obtained a temporary restraining order against the defendant, enjoining his wrongful conduct.  Following the successful TRO hearing – and without the need for further litigation — we negotiated an agreed permanent injunction that was highly favorable to our client.

Careful What You Say

We represented a commercial real estate developer/landlord in litigation against a former tenant.  During the defendants’ depositions, we elicited material admissions that were fatal to their counterclaims against our client.  Then, we successfully moved in limine to prevent the defendants from presenting at trial any affirmative defenses or third-party witnesses.  As a result of those efforts, the defendants agreed to the entry of a stipulated judgment in the full amount of our client’s claim, plus attorneys’ fees.

New Transmitters, Anyone?

Several firm public safety clients involved in the 800 MHz rebanding program needed to re-crystalize old transmitters in order to change frequencies.  Using its knowledge of land mobile radio and the rebanding program, the Firm negotiated with Sprint Nextel and the transmitter manufacturer, resulting in those entities receiving new transmitters instead of taking significant risks with replacement crystals. 

Frequency Genius

When a client of the Firm was unable to locate frequencies for their public safety radio system, the Firm conceived of a waiver procedure which utilized “offset” frequencies in a non-Mexican border area.  This concept was then adopted by an entire State, and used by the State for a state-wide radio system.