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Columbus, Ohio 43215
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Fax: (614) 221-6788

Philadelphia Jury awards $78.5M in Birthing Malpractice Case

A woman whose 3-year-old son was born with cerebral palsy was awarded $78.5 million by a PA hospital which was found to have been negligent in his delivery. 34-year old Victoria Upsey showed up to Pottstown Memorial Medical Center in 2008 with a condition depriving her unborn son of oxygen. An ultrasound was interpreted to show that the baby had no heartbeat but a second test performed 81 minutes later proved that there was, contradicting earlier findings that the baby was already dead. Plaintiff’s experts contended that had an emergency caesarian been performed before those 81 minutes went by, the baby would have been delivered without issue and would not have developed cerebral palsy. The hospital’s ultrasound equipment was outdated, and no trained ultrasound technician was originally provided. This lead the jury to find the hospital at fault, but not the physician. Upsey, a single mother, received the large compensation for her son’s future medical costs and pain and suffering.

Read the original article at http://articles.philly.com/2012-05-06/business/31587209_1_jury-awards-cerebral-palsy-medical-malpractice-case

 

Medical Malpractice Lawyer

CA Dept. of Transportation pays $3.75M for Dangerous Road Design in Tragic Car Wreck on Hgwy. 101

A woman from Gilroy, CA recently received a $4.55 million total settlement in a lawsuit stemming from a catastrophic car accident on Highway 101, suing both the at-fault driver and the California Dept. of Transportations (“Caltrans”). Anna Reznik, caregiver for 92-year-old Olga Tarcher, also a passenger in the vehicle, was driving northbound up 101 when Yong Ae Bowman, 69 at the time, pulled out in front of her vehicle from a side street. Tarcher was killed, and the collision “broke most of Reznik’s bones from her feet to her pelvis,” according to her attorney. She also suffered massive brain injury, was bedridden for six months, wheelchair-bound for many more, and now walks with a quad cane and is finally able to drive again after the 2009 collision (short distances only). Caltrans was responsible for a majority of the settlement, paying Ms. Reznik $3.75 million and stating that the entire situation is “a poster child for the kind of accident we’re trying to avoid.” The California Highway Patrol named the intersection one of the most dangerous in the country, and has begun to put into motion plans to reconstruct the roadway by 2015 to make the often-treacherous Highway 101 a bit safer.

Read the original article at http://www.montereyherald.com/traffic/ci_20446416/gilroy-woman-wins-4-55-million-settlement-highway

Stroke victim awarded $4.2 million after jury finds physician negligent

After two days of deliberations, a Lackawanna County Jury found a local physician negligent in his treatment of Sandra J. Powell, awarding her a $4.2 million verdict in her medical malpractice suit. 54-year-old Powell suffered multiple strokes leaving her unable to work due to memory loss and partial blindness, among other permanent and disabling injuries. She and her husband, Thomas Powell, sued Dr. Joseph C. Seprosky, Jr., after he allegedly failed to recognize the potentially serious implications of a neurology report done on Mrs. Powell during a hospital visit. Had he interpreted this report correctly, Dr. Seprosky would have been able to predict and prevent further stokes, according to the jury. Read the original article on the Times Tribune at http://thetimes-tribune.com/news/lackawanna-county-jury-returns-4-2-million-verdict-against-local-doctor-1.1292568#axzz1qthRRstX.

 

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NJ school district settles bullying case for $4.2 million after student left paralyzed

In Ramsey, New Jersey, a young man will receive $4.2 million from the school district he claims did nothing to prevent an attack by a fellow student when he was 12, leaving him paralyzed from the waist down. Rosenstein, now 18, had reported being bullied long before receiving the punch to the abdomen that lead to his injuries, but said his school district ignored his “violent tendencies” and threats concerning the bully. The punch caused clotting of a major artery and Rosenstein was left unable to walk. Ramsey school officials denied any liability and said in a statement, “The district’s character education and harassment/intimidation/bullying initiatives and reporting practices are leading edge. All programs in this area far exceed all of the criteria established by the state of New Jersey.” Whether or not this is so, Rosenstein has made the best of his situation, stating “I think I became something greater than I ever could have become without it,” and speaking to groups about the dangers of bullying.

The original story can be read on the Washington Post at http://www.washingtonpost.com/national/nj-district-to-pay-42m-to-settle-lawsuit-over-bullys-punch-that-paralyzed-middle-schooler/2012/04/18/gIQAtDmrQT_story.html

FedEx pays $3 million to settle US Dept. of Labor discrimination suit

The United States Department of Labor found overwhelming evidence of bias after investigating the hiring practices of FedEx. In a Grove City, Ohio investigation alone, an audit found that 3,898 black, Asian, Hispanic and female applicants were affected. 33.2% of white applicants were hired, while only 21.9% of black applicants found employment. 29.8 % of all men who applied got a job, compared to a mere 18.7% of female applicants. Labor Secretary Hilda L. Solis stated, after investigating FedEx, “When you do business with the government, we expect you to do the right thing. That includes giving all Americans an equal shot at a good job. It’s about more than just the law — diversity is smart for business.” FedEx admitted no wrongdoing, stating that they were simply paying the $3 million to appease the government and avoid an even lengthier legal process.

Read the original New York Times article at http://www.nytimes.com/2012/03/22/business/fedex-agrees-to-pay-3-million-to-settle-a-discrimination-case.html?_r=1.

Military immunity under scrutiny in veteran’s malpractice suit

A US Air Force veteran is proceeding with a law suit in Fort Worth, TX, after a routine gallbladder surgery done by military surgeons went awry and cost him his legs. The Feres Doctrine prevents civil lawsuits from being brought against the U.S. military, but the veteran’s lawyer, Darrell Keith, claims that these restraints are “outdated and unfair to troops.” Colton Read, the veteran and plaintiff in the suit, lost almost two thirds of his blood when surgeons performing his gallbladder surgery tore an artery and then failed to act promptly to correct their error. The Feres Doctrine was established in the 1950′s and has been challenged and upheld numerous times since then.

Read the original article published on UPI.com at http://www.upi.com/Top_News/US/2012/04/01/US-veteran-challenges-military-immunity/UPI-93571333310125/?spt=hs&or=tn.

$8.5 Million Awarded in Wrongful Death Lawsuit

Source: Boston Globe

A New Hampshire woman received $8.5 million after her husband was killed by a tractor-trailer while riding his bicycle. The trucking company who owned the tractor-trailer, Liognon Champ-Carr, Inc., was found to have negligently caused the man’s death. He and his wife had two children.

Jury Awards $11.35 Million to Plane Crash Survivors

Source: Cleveland Plain Dealer

A 2007 plane crash that occurred in Georgia left an Ohio couple alive but with serious injuries, including third degree burns and respiratory damage. They filed suit against a company named Winner Aviation, who was found by a Philadelphia  jury to have failed to repair a faulty rear engine, causing the crash. The engine had previously been found to be defective and “needed a complete overhaul” – but never received one before the 2007 takeoff. Four years later, the surviving couple has been awarded $11.35 million after a trial held in Pennsylvania.

 

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Pfizer, Inc. to pay $72.6M over cancer-causing menopause drug

Source: LinkedIn

Pfizer, Inc., a major pharmaceutical provider, has been ordered by a jury in Philadelphia to pay three women who developed breast cancer after taking a hormone therapy drug called Prempro. Although hormone therapy has been found to be the one of the most effective treatments for women suffering from serious symptoms of menopause, more than six million women have taken Prempo or a related drug to without knowing of its potentially devastating risk.

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West Virginia Mining Accident Lawsuits Reach Settlement

Source: WVGazette

Eleven families of deceased miners in the 2006 Sago Mine disaster in West Virginia filed suit against the mining company involved, and finally the last six have been settled under undisclosed terms. The wrongful death suits were pressed against Wolf Run Mining Co., and none will be proceeding to the previously scheduled May 2012 trial. The tragedy arose from an explosion, most likely caused by lightning, that trapped twelve miners underground for almost two days and killed all but one. It was the second worst mining accident West Virginia has seen in the past 40 years.