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Heisler Hired By Slain Teen’s Family In Restraint Death Case

Click here to watch the NAACP Report with Steven Heisler and the family of Isaiah Simmons III.

Baltimore- The family of Isaiah Simmons III, has retained Steven H. Heisler to represent them regarding the teen’s death at a Carroll County juvenile residential facility.

Simmons died on January 28, 2007 at Bowling Brook Preparatory School after seven counselors physically restrained him for nearly three hours. After he lost consciousness, the staff delayed CPR and waited 41 minutes before calling 911. Paramedics brought him to Carroll County General Hospital where he was pronounced dead.

“It is undisputed that the staff members at Bowling Brook tortured Mr. Simmons for nearly three hours and caused his death. Neither the counselors nor Bowling Brook have apologized or expressed remorse and that angers me,” said Heisler.

Heisler also expressed bewilderment that Bowling Brook, a privately-run facility, was allowed to operate with minimal state oversight. “The State of Maryland has blood on it’s hands. They know that Bowling Brook was routinely restraining and hurting these kids and did absolutely nothing about it,” said Heisler.

The Simmons family has expressed outrage that the counselors have only been charged with reckless endangerment. A Carroll County Grand Jury indicted six of the seven counselors on a misdemeanor charge for failing to call 911 in a timely manner. The Grand Jury declined to indict for manslaughter. Carroll County State’s attorney Jerry Barnes refused the family’s request afterwards to file manslaughter charges.

“The textbook definition of manslaughter is reckless conduct which results in death. That’s exactly what happened here,” said sister Danielle Carter. The family has contacted the Justice Department and is requesting that it file federal civil rights charges against the defendants.

The case is also attracting national attention because the family contends that Barnes would have filed manslaughter charges if Simmons was not a young African- American Juvenile offender from Baltimore City. Carroll County is predominantly white.

“We in no way intended to make race an issue in this case but we can think of no other reason that Mr. Barnes would not file manslaughter charges, considering the brutality and length of the restraint,” said Ms. Carter. The family staged a rally this past summer with the Baltimore NAACP and a rally is planned for early 2008 to coincide with the Carroll County reckless endangerment trials.

The Injury Lawyer Settles Brain Injury Case for $5.5 Million

March 15, 2005
By PETER GEIER,
Daily Record Legal Affairs Writer

An Owings Run dental hygienist who was seriously injured when her automobile was struck head-on by a contractor’s truck in March 2002 has agreed to a settlement in excess of $5 million.

Steven H. Heisler, who represents Keisha D. Rice, negotiated the settlement in Montgomery County Circuit Court with attorneys for The St. Paul Travelers Companies Inc., the insurer of Harvey W. Hottel Inc. of Gaithersburg, the heating, ventilation, air conditioning and plumbing contractor that owned the truck.

“You hate to see this happen,” Heisler said, “but she’s going to be all right, she’s going to be taken care of. She’s tough as nails. That’s what’s taken her through the whole thing.”

Former Court of Appeals Judge Howard S. Chasanow acted as the mediator. The case settled last month.

The agreement provides Rice with more than $1.7 million cash at settlement and $7,500 a month for life, guaranteed for 30 years. With interest compounded annually at 2 percent beginning a month after settlement, the guaranteed monthly payments total about $3.7 million.

But the total payout could come to $9.5 million if Rice lives to the average life expectancy of age 76 — “and could be even more if she lives to 103,” Heisler said.

Rice, 32, the single mother of one, was severely brain damaged as a result of the accident. She also lost the practical use of her right hand, in which she now has plates, and walks with difficulty with a cane.

Yesterday, she said she has not been doing much since she left the hospital in June 2002.

“I miss working the most,” Rice said, “because I loved my job.”

Heisler had the highest praise for Chasanow’s mediation — “when we were done, [Chasanow] even picked up the phone and negotiated the Medicaid lien” — and also praised Travelers, which had advanced Rice $60,000 to live on in the six months it took to get her Social Security benefits started.

“The insurance company had a lot to do with it. Travelers recognized that an egregious thing happened to this beautiful, vibrant and vivacious lady. I don’t think a lot of other insurance companies would have paid the advances — and probably would have fought us tooth and nail all the way,” he said.

Daniel R. Lanier, who represents Travelers, declined to comment in detail on the matter.

“We think it was a fair settlement of the case given the circumstances,” Lanier said.

The accident happened nearly three years ago, on March 18, 2002, during a Monday lunch hour, Rice said. Not able to locate Rice’s ex-husband, their son’s school had called her at work to come pick up the 13-year-old after he had been involved in an incident, she said.

Rice, who said she always hated to drive, was hit head-on in Sykesville by a Hottel truck that drove into her lane as she traveled southbound on Route 32, Heisler said.

She was in a coma for six weeks and then underwent three months of brain injury rehabilitation. Her remaining permanent disabilities include short-term memory loss, impaired speech, double vision and right-side paralysis, her lawyer said.

The driver, Stephen Yunis, “walked away from the accident,” Heisler said.

Though the accident happened in Carroll County, Heisler said he originally filed the action in Prince George’s County Circuit Court because he thought he could get a better jury and because Hottel, based in Montgomery County, does business there.

However, Prince George’s County Circuit Administrative Judge William D. Missouri told counsel he had forum non conveniens issues.

The parties eventually agreed to litigate the case in Montgomery County Circuit Court with Chasanow as mediator, and wrapped the settlement up last month, Heisler said.

Injury Lawyer Settles With Major Airline

Baltimore, MD. Usually the biggest hazard in air travel is the possibility of a hijacking or crash. Injury Lawyer client Clarice Townsend learned that another potential danger can be added to that list—the food and beverage cart.

Townsend was on a flight from Atlanta to Baltimore, seated next to the aisle. A flight attendant was rushing down the aisle pushing a food and beverage cart and struck Townsend in the left elbow. Townsend immediately felt pain in the left arm. She was later diagnosed with left shoulder and arm contusion. She required therapy to rehabilitate the arm.

“I was sitting with my arm on the arm rest when the flight attendant hit my arm with the cart and then she told me to move my arm!” said Mrs. Townsend.

Fortunately, Townsend made a full recovery. The matter was settled with the airline for over three times the initial offered amount. And Townsend now says she will gladly fly again...only next time she will request a window seat.

Man Injected with Tainted Stress Test Dye Hires the Injury Lawyer

Baltimore, MD. A Harford County Maryland man who went in for a routine stress test has hired The Injury Lawyer after being diagnosed with Hepatitis C.

The man was injected with a tracer material while undergoing a heart stress test at a Bel Air hospital and became seriously ill several days later. Tests later confirmed that he had contracted Hepatitis C.

Hepatitis C is a potentially fatal liver disease typically transmitted through infected blood or semen. Over 10,000 people nationwide die from the disease yearly.

Steve Heisler is investigating whether the radioactive testing isotope administered by the cardiologist was contaminated with the Hepatitis C virus. A Glen Burnie Man died in December 2004 after developing the Hepatitis C infection that was traced to a single vial of tracer material used during his cardiac stress test. Several other people who were injected with tracer material from the same vial have been identified as having contracted the disease.