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★ Maryland · head & brain

Head & brain settlements
in Maryland.

By Reviewed by Abd Shanti, Founder9 min read

A child born at 26 weeks after a delayed delivery won an $8,605,000 judgment against a hospital, which Maryland’s appellate court affirmed. A 14 year old who hit her head on a wall at indoor soccer practice lost her case, because the court found no proof that missing concussion information caused her injury.

Facts that decide a head & brain claim in Maryland

Youth sports concussion informationYouth sports programs must make concussion information available to athletes and parents, but a claim based on that law still requires proof the failure caused the injury.Health-General § 14-501(b), as applied in Walton v. Premier Soccer Club (Md. App. 2024)
Noneconomic damages cap$965,000 for causes of action arising from 1 October 2025 to 30 September 2026: a $500,000 base from 1994 plus $15,000 every 1 October since 1995. Wrongful death awards with two or more beneficiaries are capped at 150 percent of that figure.Md. Code, Cts. & Jud. Proc. § 11-108(b)
Fault ruleContributory negligence: if your own negligence contributed to your injury, you recover nothing. In 2013 the state’s highest court again refused to abandon the rule, leaving any change to the legislature.Coleman v. Soccer Association of Columbia (Md. 2013)
Deadline to sue“A civil action at law shall be filed within three years from the date it accrues” unless another statute sets a different period.Md. Code, Cts. & Jud. Proc. § 5-101
★ MD · reported head & brain outcomes

What Maryland courts have awarded.

Real Maryland decisions and verdicts, each linked to the court record or official report.

  • Court of Special Appeals of Maryland · 2012
    $8,605,000 judgment affirmed

    Darryl Gholston was born at 26 weeks at a university hospital in September 2002. His experts said delay in delivering him while a cord prolapse existed caused his injuries; the defense blamed prematurity. A neuropsychologist described deficits in memory, executive function and motor skills, with signs of cerebral palsy, and said he will be a disabled worker. The jury found for him and judgment was entered for $8,605,000. The court called it a classic battle of experts and affirmed.

  • Appellate Court of Maryland · 2024
    Defense judgments affirmed

    A 14 year old player on a private youth team suffered a concussion at practice when she hit her head on the wall around an indoor field. Her family claimed the team failed to provide concussion information required by law and that the field was poorly lit. The statutory theory failed for lack of causation, a jury rejected the lighting claim, and the court affirmed.

★ MD · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Maryland.

  1. 1

    Brain injury cases after birth are battles of experts over timing and cause, as Gholston shows.

  2. 2

    A safety statute violation alone is not enough; you must show it caused the injury, as Walton learned.

  3. 3

    Noneconomic damages are capped, but economic losses like lifetime care are not.

★ MD · statute of limitations
3 years from date of injury

Md. Code, Cts. & Jud. Proc. § 5-101

★ MD · fault rule
Pure contributory negligence

Pure contributory negligence, 1% claimant fault bars all recovery. Maryland is one of only five US jurisdictions retaining this rule and confirmed it most recently in Coleman v. Soccer Association of Columbia (2013).

★ MD · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in Maryland.

★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Maryland's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Maryland · you are herePure contributory negligence3 years from date of injury—
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · head & brain →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · head & brain →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · head & brain →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · head & brain →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · head & brain →
Rhode IslandPure comparative negligence3 years from date of injuryRI · head & brain →
North CarolinaPure contributory negligence3 years from date of injuryNC · head & brain →
VirginiaPure contributory negligence2 years from date of injuryVA · head & brain →
AlabamaPure contributory negligence2 years from date of injuryAL · head & brain →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · head & brain →
MichiganModified comparative, 51% bar3 years from date of injuryMI · head & brain →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · head & brain →
★ MD · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Maryland. See /methodology, /sources, and /disclaimer.