Personal Injury News: Pick Of Last Month: November-2024
Georgia Man Secures $5.6m Settlement for 2018 Car Crash
A 40-year-old Georgia man secured a $5.6 million post-verdict settlement for injuries sustained in a 2018 car crash.
The agreement
The agreement followed a $3.75 million jury verdict in Clayton County that held the defendant driver responsible for the accident. The settlement exceeded the verdict amount due to Georgia laws allowing plaintiffs to recover attorney’s fees and litigation costs when the final judgment surpasses 125% of the plaintiff’s settlement offer.
What happened during the accident?
The crash occurred on November 4, 2018, as the plaintiff was driving south on Interstate 75 in Clayton County. The defendant rear-ended him, resulting in a cervical disc herniation that required disc replacement surgery. State Farm, the defendant’s insurer, made no settlement offer until after the jury delivered its multi-million-dollar decision.
What did the attorneys say?
“This is a man with a long life ahead, and the jury understood the financial burden of his future medical care,” said the plaintiff’s attorneys. “We presented clear evidence of the defendant’s liability and compelling testimony from our client’s doctor about the lasting impact of his injury. Despite State Farm’s resistance, the jury delivered justice.”
The post-trial settlement reflects additional compensation for litigation expenses and attorney’s fees, as State Farm had offered $0 to settle the case before the verdict. The plaintiff’s legal team expressed satisfaction with the outcome, stating optimism that their client can now focus on moving forward with his life.
NY AG Reaches $45M Settlement for Nursing Home Neglect
The operators of four New York nursing homes have agreed to a $45 million settlement to resolve allegations of neglect and mistreatment of residents, including claims that some were left in their own waste for hours, according to the state Attorney General.
The allegations
The civil lawsuit, filed last year, accused Centers Health Care owners and operators of diverting Medicaid and Medicare funds to benefit themselves, relatives, and associates instead of using the money for resident care. The Attorney General alleged that chronic understaffing led to neglect, injuries, and residents living in squalid conditions without adequate supervision.
What does the settlement offer?
Under the settlement, $35 million will be allocated to improve resident care and staffing, while $8.75 million will go to Medicaid and Medicare programs as restitution. Independent monitors, appointed shortly after the lawsuit was filed, have already begun overseeing reforms to ensure compliance.
What did the attorney general say?
“Centers’ owners operated these nursing homes with insufficient staffing to pocket taxpayer dollars meant for resident care,” the Attorney General said in a statement. “This neglect caused tragic harm to residents and left families in despair.”
Centers Health Care's statement
Centers Health Care, in its own statement, expressed satisfaction with resolving the case, noting that all allegations of wrongdoing were dismissed. The company emphasized its commitment to implementing the settlement terms and making substantial investments in resident care.
“For over three decades, Centers has cared for thousands of residents across dozens of facilities while maintaining high standards of care,” the statement read. “We remain dedicated to enhancing resident welfare and meeting the terms of the settlement.”
Hennepin County Settles for $3.4m in Jail Death Lawsuit
Hennepin County has agreed to a $3.4 million settlement in a wrongful death lawsuit filed by the family of a man who died in jail, marking one of the largest settlements of its kind in Minnesota history, according to court records.
Symptoms of the victim’s suffering
The victim, a member of a prominent Twin Cities family, was arrested in the early hours of July 18, 2022. Soon after being booked, he began experiencing severe symptoms, including vomiting and intense abdominal pain. Jail records and staff notes revealed that he was suspected of suffering from fentanyl withdrawal. However, his symptoms rapidly worsened over the next three days, during which he repeatedly begged for medical attention.
What the lawsuit said?
According to the lawsuit, the victim, unable to eat and in visible distress, asked multiple times to be taken to the hospital. Surveillance footage showed him crawling on the floor and struggling to stand. Despite his deteriorating condition, jail nurses only administered Maalox and Tylenol instead of arranging for hospital care. On the evening of July 20, he collapsed in a common area, pleading with a nurse, “I need to go to the hospital, I need IV liquid.” His cries for help were reportedly ignored, and his vital signs were checked without further intervention.
The victim’s call for help
At 1:30 a.m. on July 21, the victim used the intercom to call for assistance, screaming, “Help me, help me,” and telling a guard, “My stomach hurts really bad, help me.” A nurse returned, but once again, no hospital transfer was arranged. Hours later, he collapsed in his cell. Jail staff discovered him unresponsive shortly after noon. He was dragged out of his cell, but resuscitation efforts failed.
What did the autopsy revealed?
An autopsy later revealed the cause of death to be a duodenal perforation, a rare but lethal condition in which a perforated ulcer allows bowel contents to leak into the abdomen, causing severe pain and, eventually, death. The lawsuit alleged that timely medical intervention could have saved his life.
Issues highlighted by the incident
The tragedy highlighted broader issues within the Hennepin County jail system. Following this and other recent inmate deaths, the Minnesota Department of Corrections ordered the jail to significantly reduce its inmate population by over 200 due to chronic understaffing and failures to conduct mandatory well-being checks. State inspectors found that the jail had been operating below the minimum required staffing levels, contributing to life-threatening lapses in care.
Hennepin County’s response
In response to the settlement, a Hennepin County spokesperson stated, “The death of [the victim] was a tragedy. Our condolences go out to his family and all those affected by his passing. While this litigation has reached a resolution, we remain committed to serving all individuals under our care with dignity and respect.”
What did the victim’s family responded?
The victim’s family has expressed deep grief over the loss, emphasizing the preventable nature of his death. His mother described the heartbreak of knowing her son’s pleas for help were ignored, calling for systemic reforms to prevent such tragedies from recurring.
Zantac Trial Against Boehringer Ends in Third Hung Jury
A trial in California state court concluded with a hung jury in a lawsuit alleging that the heartburn medication Zantac, formerly produced by Boehringer Ingelheim, caused a man's bladder cancer.
The jury's stand on Zantac
The jury agreed that Zantac was dangerous and the company, which sold the drug from 2006 to 2017, failed to adequately warn consumers of its risks. However, the 12 jurors deadlocked 6-6 on whether the medication caused the plaintiff's cancer, resulting in no final verdict.
Third Zantac trial against Boehringer Ingelheim
This marks the third Zantac trial against Boehringer Ingelheim to end in a deadlock. The plaintiff’s attorneys said they are prepared to retry the case, asserting that the company narrowly avoided a verdict against it.
Boehringer Ingelheim's disappointment
Boehringer Ingelheim expressed disappointment over the lack of a decision but stated that plaintiffs failed to substantiate their claims.
The lawsuit centered on allegations that Zantac’s active ingredient, ranitidine, could degrade into NDMA, a potential carcinogen. First approved by the FDA in 1983, Zantac became a blockbuster drug by 1988, generating over $1 billion in annual sales. Over the years, it was marketed by companies including Boehringer Ingelheim, GSK, Pfizer, and Sanofi.
FDA request to pull the products from the market
Lawsuits surged after the FDA requested in 2020 that ranitidine products be pulled from shelves due to concerns about NDMA formation under certain conditions.
Zantac manufacturers stand against the lawsuits
While Boehringer Ingelheim denies wrongdoing, other manufacturers have begun settling lawsuits. GSK recently agreed to a $2.2 billion settlement covering around 80,000 cases. Pfizer and Sanofi have also reached settlements, with Sanofi resolving approximately 4,000 lawsuits earlier this year.
No plaintiffs have won a Zantac trial
Despite these settlements, no plaintiffs have won a Zantac trial. Two prior cases against Boehringer Ingelheim ended in jury deadlocks, while two others resulted in defense victories for GSK and Boehringer Ingelheim.
Pharmaceutical companies appeal against the decision
Delaware remains a focal point for the litigation, with a judge allowing plaintiffs to present expert testimony linking Zantac to cancer. The pharmaceutical companies are appealing this decision to the Delaware Supreme Court, arguing the expert evidence lacks scientific credibility. A prior ruling in federal court in Florida dismissed approximately 50,000 lawsuits based on similar arguments, though around 14,000 of those cases are currently under appeal.
Zantac 360: A new entrant
It’s worth noting that a new product marketed as Zantac 360 contains a different active ingredient, famotidine, and is not associated with ranitidine or NDMA concerns.
Metro Site Secures $31M Settlement in SK Battery Fire Case
After a 16-month legal battle, Metro Site Fabricators, a waste and recycling company based in Commerce, Georgia, has secured a $31 million settlement from SK Battery America Inc.
The settlement stems from a devastating fire at Metro Site’s material recovery facility caused by improperly disposed lithium-ion batteries from SK Battery’s north Georgia factory.
The cause of the accident
The fire destroyed Metro Site’s entire facility after more than 200 lithium-ion batteries short-circuited, leading to a thermal runaway. Metro Site, not permitted to handle batteries among its recyclables, was unaware the batteries had been included in a waste drop-off. Investigators determined that the batteries originated from SK Battery, a subsidiary of South Korea’s SK Group.
The settlement
As part of the settlement, SK Battery agreed to pay $20 million in punitive damages and $11 million for tort-related claims and damages. The company did not admit liability in the agreement. The case was unique because Metro Site had isolated waste received from SK Battery before the fire, enabling investigators to identify the lithium-ion battery pouches as originating from the factory. Such traceability is rare in recycling facility fires.
The owner's word
Metro Site’s owner emphasized the importance of sharing lessons from the incident. As part of the settlement, he insisted on a non-confidentiality clause, allowing him to openly discuss the case and help others in the industry prevent similar disasters. “This case was unique in that we could directly link the waste to its source,” the owner explained. “That’s uncommon in fires at recycling centers, where it’s typically impossible to identify the origin of hazardous materials.”
Precautionary measures by the owner
Moving forward, the owner plans to advocate for better fire safety practices in the waste and recycling industry. He intends to speak at industry events and offer support to operators facing similar risks. “I’m not looking for the spotlight,” he said. “I just want to be there for someone who might need help before it’s too late.”
This landmark case underscores the importance of proper battery disposal and the risks posed to waste management facilities by hazardous materials.
Michigan Woman Wins $12.7m Religious Discrimination Lawsuit
A Catholic Michigan woman was awarded $12.7 million in a religious discrimination lawsuit after her former employer, Blue Cross Blue Shield of Michigan (BCBSM), fired her for refusing a COVID-19 vaccine due to her religious beliefs.
Background of the lawsuit
The woman, an IT specialist who had worked remotely for nearly 15 years, requested a religious exemption from the company’s vaccine mandate. She argued that taking any of the three available vaccines, which were developed or tested using fetal cell lines derived from abortions, conflicted with her Catholic faith and would harm her relationship with God.
BCBSM denies exemption
Despite her reasoning, BCBSM denied her exemption request, stating her position did not meet the criteria. She was terminated on January 5, 2022.
Catholic teachings strongly oppose abortion, describing it as a “moral evil.” However, the Vatican’s Congregation for the Doctrine of the Faith stated in December 2020 that receiving COVID-19 vaccines developed with abortion-derived cell lines is morally permissible. The Vatican clarified that vaccination does not imply cooperation with abortion but emphasized that vaccination should remain voluntary.
The woman's argument
The woman argued that the Vatican’s stance allowed Catholics to decide according to their conscience and maintained that her faith prohibited her from receiving the vaccine. While the Vatican advised those who decline vaccination to take precautions against spreading the virus, BCBSM’s mandate and refusal to accommodate her request led to the lawsuit.
The jury’s decision reflects her claim that the company discriminated against her religious beliefs, awarding her substantial damages for her dismissal.
UCHealth Settles Fraudulent Billing Case for $23 Million
UCHealth has agreed to pay $23 million to settle allegations of fraudulent billing practices for emergency department visits, according to the Colorado U.S. Attorney’s Office.
UCHealth violated the False Claims Act
The hospital system, one of Colorado’s largest healthcare providers, denied the allegations but opted to settle to avoid prolonged and costly litigation. The U.S. Attorney’s Office alleges that UCHealth violated the False Claims Act by improperly coding medical claims submitted to federal healthcare programs, including Medicare and TRICARE.
Allegations on UCHealth
According to the allegations, UCHealth automatically coded certain emergency department visits at the highest severity level based on the duration of a patient’s stay and the number of vital sign checks, regardless of whether the coding met federal billing requirements. Federal authorities stated that UCHealth was aware the coding practices did not comply with federal guidelines.
What did the attorney said?
“Fraudulent billing undermines Medicare and other federal healthcare programs vital to many Coloradans,” said the Acting U.S. Attorney for the District of Colorado. “We will hold healthcare companies accountable for automatic coding practices that result in improper billing.”
$3.91 million settlement
The case was initially brought to light through a whistleblower lawsuit under the False Claims Act, which allows private citizens to sue on behalf of the government and receive a share of any recovered funds. The whistleblower in this case will receive $3.91 million as part of the settlement.
As part of the resolution, UCHealth has also agreed to review and revise its billing practices to ensure compliance with federal regulations moving forward.
Diocese of Oakland Settles Abuse Claims for $200M
The Diocese of Oakland, California, has announced it will pay up to $200 million to settle hundreds of abuse claims filed against it.
Formal proposal
A formal proposal was filed in bankruptcy court this week, creating a survivors’ trust intended to provide between $160 million and $198 million to approximately 345 claimants.
Contributions to the settlement
The diocese plans to contribute just over $100 million directly, while an additional $81 million would come from its real estate assets. Roman Catholic Welfare Corporation/Schools (RCWC) will contribute $14.25 million, along with potential additional funding from other entities.
Bankruptcy move
The diocese declared bankruptcy in May 2023 after hundreds of lawsuits were filed under California’s three-year legal window. This rule, enacted by the state Legislature in 2019, allowed victims of child sexual abuse to bypass the standard statute of limitations and sue for claims they otherwise would have missed.
Bishop's statements
Oakland’s Bishop acknowledged that navigating this process was “an extremely difficult challenge” but emphasized the diocese's commitment to “honor our obligation to survivors.” The bishop added, “No amount of money can fully or satisfactorily compensate survivors, but this plan offers fair and equitable compensation while allowing us to move forward with our mission to spread the Gospel and support the poor.”
Initial contribution
The initial contribution to the trust would be $63 million in cash, followed by $10 million per year for the next four years. RCWC’s contributions would add to this funding.
Criticism of the settlement
However, advocates and attorneys criticized the proposed settlement as insufficient. A member of the Survivors Network of those Abused by Priests labeled the offer as “pretty pathetic” and “pretty low.” They argued that the diocese owns 82 parishes and is estimated to have $3 to $4 billion in real estate assets, which could provide more robust compensation.
Scam and sham
An attorney representing survivors in California and other states alleged the reorganization plan is a “shell game” intended to suppress victims’ voices and avoid accountability. The attorney called it “a scam and a sham” while accusing the diocese of attempting to force survivors into accepting the plan without proper consent.
Diocese's stand
Despite these criticisms, the diocese maintained its commitment to preventing future abuse. In official filings, they declared that “the abuse of children and vulnerable adults has no place in the Diocese of Oakland or the Roman Catholic Church” and pledged to take every possible step to prevent such conduct in the future.