There are many types of personal injury or "tort" law.  A "tort" is described as a negligent or intentional act that results in injury to another person.  Most "torts" are accidental, and they include such things as: automobile accidents; falls due to dangerous premises; injuries resulting from defective products; medical mistakes such as doctor or hospital errors (medical malpractice); and other acts of professional negligence resulting in physical harm to individuals.  Some "torts" are intentional such as assault and battery, libel or slander, and intentional infliction of emotional distress.

The lawyers at Ain & Stein accept personal injury cases as common as automobile accidents and as complex as cases of medical malpractice and defective drugs involving tragic mistakes by doctors, hospitals and pharmaceutical companies resulting in life-changing injuries or premature death.  Some law firms advertise for tort cases on television and do a large volume of business.  Often at those firms, cases are managed by paralegals or other staffers, and clients rarely if ever see their lawyers.  At Ain & Stein, from the time of your initial interview with Michael Ain or Gary Stein, your case is handled personally by a lawyer with twenty-five years of experience, assisted by their able, experienced staff.  It is a tribute to their skills and success that nearly all of Ain & Stein's personal injury clients were referred by other satisfied clients or by lawyers familiar with the results Ain & Stein have achieved for clients.

REPRESENTATIVE CASES:

Death of a Five Year Old:  Michael lived in an apartment in Southeast Washington.  Alone in a screened-in room on a hot summer day, he fell through the ill-fitting screen four stories to his death.  The building owner denied responsibility and claimed that the child had jumped.  Mr. Ain took the case to trial and a jury awarded a substantial verdict to the child's estate and his mother.

Permanent Paralysis: A young oriental gentleman was repairing a flat tire on the shoulder of the Capital Beltway in Prince George's County. A large tractor trailer slammed into his vehicle, and he was permanently paralyzed from the neck down.  The truck company and its driver denied responsibility.  After filing a lawsuit, Gary Stein obtained a settlement of $4.8 million shortly before trial.

Severe Abdominal Injuries for Failure to heed Patient's Complaints: The patient complained of severe abdominal pain in the emergency room.  The nurse told the doctor the patient was exaggerating and could wait to be seen.  The patient was left in the emergency room, and by the time surgery was performed she had suffered severe abdominal injuries and must be fed through a catheter.  Michael Ain obtained a $3.5 million settlement before trial.

Loss of an Eye: A fast food restaurant failed to clear its parking lot of ice several days following a snowstorm.  A patron, a talented softball player,  slipped and fell on "black ice" and lost his eye.  Gary Stein won a verdict at trial of over $1 million and then won an appeal of the case in the Fourth Federal Circuit Court.

Death of a Baby During Childbirth: An obstetrician for a large HMO attempted a vaginal delivery of an infant too large rather than delivering by caesarian section.  During the process, the infant's shoulders got stuck in the birth canal and the doctor was unable to deliver him alive.
Michael Ain obtained a substantial settlement before trial.

Disabled Shoulder: A power plant worker in rural Virginia developed arthritis in his right shoulder. A local doctor performed a total shoulder replacement surgery but inserted the prosthetic head incorrectly into the shoulder.  As a result, the man was disabled from his job and suffered permanent impairments in his normal functions.  Gary Stein won a jury verdict in excess of $900,000 and defeated an attempt to appeal the verdict to the Supreme Court of Virginia.

Neck and Shoulder Injuries: Linda was permitted to enter a Metro station where a gate rail track, difficult to see, lay on the floor.  She tripped over the track and sustained serious neck and shoulder injuries. Although WMATA (Metro) blamed Linda for not looking where she was going, Michael Ain won a substantial verdict at trial.  Such verdicts help convince large corporate defendants to make their products and services safer.

Cerebral Palsy Caused by Obstetric Negligence: During delivery of a baby boy, his doctor failed not notice that he was suffering "fetal distress" and being deprived of oxygen.  The doctor failed to perform a caesarian section.  The infant suffered seizures shortly after childbirth and was diagnosed with cerebral palsy, a condition requiring lifetime care.  Mr. Stein and his co-counsel filed suit against the doctor and hospital which had denied responsibility for the unfortunate outcome.  Shortly before trial the case settled for more than $4 million.

Dangerous Medication:   Mr. Ain represented several claimants in a class action lawsuit against the manufacturer of Tryptophan, an over-the-counter product marketed as a sleep-aid and anxiety suppressor. Unfortunately, the manufacturing process was altered rendering the drug unsafe.  Each of the clients represented by Michael Ain and his co-counsel received substantial compensation for their neurological and immunological injuries.

Unauthorized Use of Photograph: An attractive young lady had a "glamour" photo taken of herself  in a negligee as a Christmas present for her new husband.  She was shocked and humiliated when the photographer posted the photo in a shopping mall to advertise his services.  Mr. Stein took the case to trial and won a verdict that taught the photographer an expensive lesson.

Loss of a Leg: Following a motorcycle accident, William, suffered several fractured bones in his leg.  The bones were set but William suffered an infection that was not timely recognized or treated with appropriate antibiotics by his doctors. William suffered an above-the-knee amputation.  Michael Ain took the case to trial and William received a substantial settlement before the trial ended.

Duty of D.C. Child Protective Services:   A young child starved to death while under the care of his father, a drug addict.  The estranged mother had alerted the D.C. Child Protective Services agency that her children were in danger and not being fed. The agency failed to investigate.  The District of Columbia denied responsibility for the death, claiming that it owed no special duty to the children or their mother.  The case was thrown out of court.  Gary Stein co-authored the appeal brief that led to a Court of Appeals decision reversing the trial court and holding that the agency did owe a special duty to the children once it had been notified of the specific danger.  See Turner v. D.C., 532 A.2d 662 (D.C. 1987).