Personal Injury News: Pick of Last Month: Jul-2019
Toddler's Death Lawsuit: Jury Awards $3.38M
A Philadelphia jury awarded $3.38M to the parents of a 21-month-old infant, who died at Einstein Medical Center Elkins Park in September 2014.
According to the court documents, the infant was taken to a doctor when she was ill; she was recommended with fluids and anti-nausea medicine. Following the usage of medication, she became unresponsive and was rushed to Einstein Elkins Park emergency department. She underwent a couple of medical procedures, after which she was pronounced dead.
The plaintiff's lawyers claimed that as per the evidence, a physician’s assistant initially documented bilious vomiting—a red flag for a bowel obstruction and a sign for a surgical emergency in a child—but then after altered the records to remove that information. The lawyers further alleged that the hospital failed to diagnose and treat her condition or transfer her to another facility. The verdict was a result of a two-week medical malpractice trial before Philadelphia Court of Common Pleas Judge Michael Erdos.
The City Of San Jose Makes Settlement For A Hit & Kill Case
In a lawsuit filed by the family of a soon-to-be high school grad, who was hit by a tow truck in 2016, the City of San Jose has agreed to pay $100,000 towards the settlement.
According to the court documents, on Jan. 25, 2016, the victim was walking in the bike lane of westbound Curtner at midnight. An employee of Tri-City Recovery, was driving a tow truck which collided with the victim on Curtner Avenue underneath the Highway 87 overpass, killing him on the spot. Victim's parents filed a lawsuit in Santa Clara County Superior Court in January 2017. The lawsuit alleged that the driver's negligence and broken, city-maintained street lights underneath the overpass were responsible for the death.
The proposed settlement approved by the City Council also includes another $500,000 from the tow truck driver and his employer. The total settlement adds up to $600,000.
R.J. Reynolds Tobacco Co. Hit With $17M Verdict
Massachusetts jury awarded $17.5 million to the family of an individual who smoked for decades before dying of lung cancer, in the verdict against R.J. Reynolds Tobacco Co.
The family of the victim was awarded $6.26 million in compensatory damages and $11.27 million in punitive damages. According to the Courtroom Video Network, Reynolds was found 50.42% guilty for the victim's illness while she was found 49.58% responsible.
The plaintiff attorney stated that she began smoking R. J. Reynolds’ Winston cigarettes as a teenager and kept it up for decades and claimed that Reynolds engaged in misleading marketing campaigns designed to minimize the perceived risk of smoking.
According to CVN reports, the defense attorney argued that the victim chose not to smoke “allegedly safer cigarette designs” or electronic cigarettes because she didn’t like the taste of those products.
The majority of smoking-related lawsuits had been contested in Florida as part of Engle progeny actions.
In a similar incident on February 27, 2019, R. J. Reynolds Tobacco Co. and Philip Morris USA Inc. were charged with $25 million in punitive damages and $12 million in compensatory damages for the widower because of her cigarette addiction that led to fatal lung cancer for her. It is just another case among the thousands of cigarette smoking lawsuits originating from the Engle class action against tobacco companies.
Plaintiffs Win $6M In Lead Poisoning Verdict
The U.S. District Court for the Eastern District of Wisconsin awarded $6 million in damages, $2 million each to the three plaintiffs who suffered from the effects of lead poisoning when they were children.
The defendants included various major paint manufacturers like Armstrong Container Corp., Sherwin Williams, American Cyanamid Company, Atlantic Richfield Co., and DuPont. The plaintiffs claimed that they suffered from lead poisoning after ingesting white lead carbonate contained in the products.
Lead poisoning has been a serious health concern among children for decades. It increases the risk of nervous system injury, brain damage, seizures, coma, and even death. Most of the lawsuits were filed against landlords and owners of dilapidated properties where the toxic paint was peeling off the walls, placing their children at risk.
A similar lawsuit where a Hartford jury awarded $1.85 million to the plaintiff who took up the job of painting the house. The defendants included the house owner and a landscape designing firm who assured the plaintiff that the house was lead-free. But the plaintiff severely fell ill post the painting work due to lead-paint poisoning.
Plaintiff Receives $10M In Settlement A Day Before Jury Trial
An Illinois construction laborer, who lost his left foot after being hit by a concrete truck, received $10M settlement from Ozinga Ready Mix Concrete, Inc. before the opening statement was set to begin in Cook County jury trial.
In 2016, a homeowner hired Muscle Concrete to perform concrete work at north Maplewood on a pathway. The defendant hired laborers to perform a range of construction-related services.
An Ozinga Ready Mix Concrete truck arrived with concrete for the project. The complaint stated that the truck pulled into the alleyway, but the tools were in the truck’s way and recognizing this hazard, the plaintiff motioned for the driver to stop the truck. Plaintiff and his co-worker began moving the tools off to the side and out of the way. While he was still moving a heavy compactor aside, the driver moved the truck forward, striking the plaintiff. The impact was on his stomach, crushing his left foot.
The defendant indicated that the plaintiff’s boss had mentioned for him to move forward and also cited the multiple OSHA regulations that place responsibility for safety in the general contractor Muscle Concrete.
Woman Injured During Childbirth Awarded $11M
Bucks County jury awarded $11 million to a Coopersburg resident, who was injured during childbirth.
According to a lawsuit filed in August 2013, a doctor of Stoneridge Obstetrics & Gynecology delivered a baby who got stuck in the birth canal and was not breathing. The mother of the baby sustained injuries to her perineal muscles and anal sphincter, which resulted in urinary and fecal incontinence. She had already requested a cesarean section due to potential complications caused at first birth. Grand View Hospital, where the birth occurred, was dismissed prior to trial and not held liable. The doctor who delivered the baby was named guilty in the suit.
The jury awarded $500,000 for future medical expenses and $10.5 million for the pain, suffering, and humiliation caused. It is considered to be one of the largest medical malpractice awards made in Bucks County Court in recent years, according to the attorney.
In November 2017, a similar medical malpractice incident took place at Tri-City Medical Center. The authorities performed C-section surgery on the woman without using anaesthesia. Loss of consortium, negligent infliction of emotional distress, and assault and battery are the allegations claimed by the woman's lawyer.
Jury Awarded $2.5M In The Verdict Against A Ski Resort
Pennsylvania federal jury awarded $2.5 million to the plaintiff against Big Boulder Ski Resort as he got injured while snowboarding.
The Jury awarded the plaintiff $1.5 million for pain and suffering and $1 million for “loss of ability to enjoy life’s pleasures.” The plaintiff claimed that he was snowboarding with his friends and went down the resort’s Snowdrift trail. While going down the hill, he suddenly came upon the snowmaking machine and tried to swerve around it. He struck the machine severely with his leg and fractured his lower leg, which required corrective surgery, bruised his hips and injured his head and back.
The complaint stated that the resort was indifferent and negligent in placing the snow-making machine in the path and not making sure the slope was clearly closed.
Jury Awards $5 Million To The Estate Of A Deceased Woman
A Montgomery County Circuit Court jury awarded $5M to the family of a woman who died due to the improper treatment by hospital workers at Montgomery’s Jackson Hospital.
As per the court documents, the victim was admitted to the hospital in August 2015, where the hospital failed to properly turn and reposition her in bed, which led to a large and intense pressure ulcer on her lower back and upper left arm. The ulcer caused her significant pain and suffering at the end of her life, as she was bedridden for a long time. She died on Nov. 3, 2015.
A lawsuit was filed against Montgomery’s Jackson Hospital in October 2015. The suit affirmed that hospital workers knew about the victim's condition, yet failed to take preventive measures; also, the medical chart created by Jackson Hospital to document her care contained falsified entries.
The jury's verdict was the result of about one hour and 45 minutes before finding the hospital guilty for neglecting its own preventive policies.
A similar incident took place at Bucks County in August 2013, where the jury awarded $11 million to a woman who got injured while giving birth to her child. The doctor was held guilty of being professionally irresponsible. It is one of the largest medical malpractice settlement in Bucks county.