Personal Injury News: Pick Of Last Month: Feb-2020
Worker Injured At N.J. College Gets $3M Settlement
A worker who fell from a freight elevator shaft at Kean University received a settlement of $3 million after four years for the injuries he suffered from the fall.
On May 13, 2016, the victim and his co-worker were working in the academic building on the school campus, when he fell from the shaft fracturing his skull, right wrist and suffering multiple facial fractures. The victim was hired as a safety foreman for Sloan and Co.
According to court papers, site-superintendent misinformed the victim that the floor has a plastic foam and even violated the contract made with Otis by not using an elevator operator, which resulted in the hazard.
The victim received outpatient treatment for several months before the worker's compensation carrier refused to pay $16,000 for his care. After five weeks, he returned to work but announced his retirement a year-and-a-half later as he was not able to balance, read blueprints, and experienced cognitive problems.
Baby From Port Townsend Gets $23.9M For Brain Injury
A family from Port Townsend, whose baby suffered a permanent brain injury during delivery at Jefferson Healthcare Medical Center in 2014, receives a settlement of $23 million from a state jury of Washington.
Plaintiffs claim that their baby was in pain during delivery as the umbilical cord wrapped around her neck deprived her of oxygen, which resulted in permanent brain damage to the child. The jury found doctors and nurses guilty for the incident by agreeing to the plaintiffs and going through the pieces of evidence.
Attorneys argued that the authorities misheard the mother's heartbeat, considering it as the baby's making them think that the baby is fine. The mishap has made a huge impact on Lana for a lifetime, as she will have a permanent cognitive impairment, speech and language deficits, and impaired motor skills.
Idaho Company Agrees For $5M Settlement In Fatal Crash
Daughters of a woman who got killed in a drunk-driving crash in December 2017 got a settlement of $5 million by an Idaho company.
The truck driver crossed the centerline of the U.S. Highway 93 and collided with the lady's car, resulting in her death at the scene of the accident. The truck driver was identified as an employee of a truck driving company owned by Advanced Heating and Cooling, a business name assumed by BSR Ventures.
On investigation, it came into notice that the truck driver was drinking at a bar in Shoshone before the crash, and he even pleaded for the violation of the law. The lawsuit filed by the lady's family even stated that the company was aware of the previous DUI convictions of the truck driver. The judge then sentenced him 15 years of prison and suspended his driving license.
Earlier, a Burleigh County jury awarded a settlement of more than $1 billion in total damages to a survivor and families of two women killed in a 2015 car crash in Mandan.
The incident took place on 27th June 2015 when the ladies were travelling at the Mckenzie Drive exit on the Bismarck Expressway. The man rammed into the car in which the ladies were travelling, resulting in the death of two women and a traumatic brain injury for the lady who was driving the car.
The dead victims' family was awarded $295 million in punitive damages along with $36 million each. The woman who was driving the car got compensatory damages of $170 million.
$5.8M Medical Malpractice Verdict Against Baltimore Hospital
On January 14, 2020, a jury of Baltimore city reversed the verdict of $5,870,000 against the University of Maryland Medical System("UMMS") that included $62,177 in economic damages, $9,972 in funeral expenses, and $5.8 million in noneconomic damages.
As per the reports, the woman was undergoing heart valve replacement surgery at UMMS on June 10, 2016. On June 13, she suffered cardiac arrest while recovering from the surgery in the hospital, which led to her death six days later. The lawsuit states that the hospital negligently failed to take necessary precautions after performing the cardiac tamponade surgery on her.
A spokesperson for UMMS stated that the hospital is investigating the post-trial scenario and even said that the authorities are extremely afflicted because of the death of their patient.
A former Virginia inmate won more than $1 million against a prison medical staff for improper treatment of his broken finger. The plaintiff was released in 2017 from Lunenburg Correctional Center when he sued the Armor Correctional Health Services Inc. The court papers stated that the plaintiff's X-ray reports of the fractured finger suggested surgery, but the medical staff of the prison ignored it and only gave an ice pack to him for pain relief. The plaintiff was awarded a total settlement of $1,058,761 with $700,000 as compensatory damages and over $300,000 in punitive damages.
Ripley Settles Missouri Boat Incident Lawsuits
The owner of the duck boat that sank in 2018 in Missouri, at Table Rock Lake near Branson, killing 17 people, has settled the claims of the 31 lawsuits filed against the company.
Two brothers filed a joint motion for approval of a confidential wrongful death settlement with tour boat operator Branson Duck Vehicles LLC and its parent company Ripley Entertainment Inc. According to the motion, their 68-year-old mother, along with her partner who was 69-year-old, died in the incident.
Plaintiffs' attorney said that the operators were negligent, even after repeated warnings of severe weather.
Ripley's spokeswoman announced that the company has now settled all the claims of the disaster that took place at Branson. She also informed that the company suspended the operator of the boat since it sank, and three of the employees are facing federal charges, including two managers.
Other victims of the accident were from Missouri, Illinois, and Arkansas. 14 people survived the sinking, including a crew member.
Hoboken: $7.1 M Settlement For Infant Brain Injury
A family whose son was born at the Hoboken University Medical Center received a settlement of $7.1 million for the severe brain damage that their son suffered.
Parents of the child filed a malpractice lawsuit against the hospital, alleging the doctors and nurses of negligence towards the child's health during the delivery.
Currently, the kid is three years old and is unable to walk and feed himself. Medical documents submitted to the court state that he suffers from a host of severe medical problems, including seizures and hydrocephalus, and requires constant medical care and eight separate medications.
Initially, the names of several doctors and nurses came forward in the case, but the settlement included the name of only one doctor and the hospital.
Plaintiffs' lawyer said that the approval of the settlement came on December 10, and they received the money later in the same month. The settlement includes around $650,000, which goes to a trust for the medical care of the kid. $3 million is to be used to structure a settlement annuity that will pay $27,000 for 10 years to the kid.
Earlier, a Port Townsend family was awarded $23 million from a state jury in Washington in a similar lawsuit. In 2014, the baby of the family suffered a permanent brain injury during birth at Jefferson Healthcare Medical Center.
The jury held the nurses and the doctors responsible for the baby's brain injury. The court papers notified that the baby was in pain during delivery as the umbilical cord wrapped around her neck deprived her of oxygen, which resulted in permanent brain damage to the child.
The juries claimed that the authorities misheard the mother's heartbeat, considering it to be the baby's that made the doctors think that the baby is safe. The incident has resulted in permanent cognitive impairment, speech and language deficits, and impaired motor skills for the baby that will have a lifelong impact.
Army Mom Gets A Settlement Of $3.5M Over Fetal Injury
An Army woman whose baby suffered from brain damage during delivery at an Augusta hospital has been awarded a settlement of $3.5 million. The doctor and the hospital responsible for the situation have agreed to pay the amount.
According to the lawsuit, on January 31, 2016, the lady was admitted at Trinity Hospital, where she went into labor, and the next day she delivered a baby. She alleged that the medical staff at the hospital failed to realize that her baby was in fetal distress during the delivery, which caused the baby severe brain damage.
The child suffered injuries leading to decreased oxygen and blood flow before delivery at Trinity, causing extensive and permanent brain damage. The hospital is under the government's authority and primarily provides medical care to service personnel.
After the settlement is done, 90% of the amount will go to the special needs trust.
In a similar medical malpractice lawsuit that a Cook County jury settled at an Oak Park, Illinois, Hospital, $101 million was awarded as settlement for the baby born with a damaged brain. The lawsuit claimed that nurses failed to monitor the infant's external fetal monitoring strips for six hours before and during his delivery, which led to abnormalities. The injuries have resulted in the child being unable to speak or take care of himself. The infant has been sent to Misericordia Home, a facility that helps in taking care of people with mild to severe developmental disabilities. The settlement will ensure proper medical care for the rest of his life.