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$12.9M Settlement in Truck Crash That Killed a 46-Year-Old Woman

A $12.89 million wrongful death settlement has been reached in the case of a 46-year-old Indiana woman who was killed in September 2011 when the car she was riding in was struck by an overhanging load from a tractor-trailer in the dark of night.

The woman, Pamela Beemer, of Elkhart, Indiana, was a passenger in a Lincoln Town Car being driven by Ernest D. Sailor, 87, when a tractor-trailer hauling an oversized load – a large part from a windmill tower – collided with the car on Sept. 16, 2011, according to a Feb. 17 story in The Goshen (Indiana) News. The crash occurred about 8:30 p.m. on a dark road when the Lincoln struck a part of the windmill that was overhanging in the car’s lane in the darkness, killing Beemer and two other passengers in the car, the story reported.

Image credit: © iStockphoto.com/Svenler

After the car hit the overhanging windmill component, which was hanging some two feet into the car’s traffic lane, the Lincoln spun around from the impact and then was struck by an escort pickup truck that was accompanying the tractor-trailer and its oversized load, the story reported.

The 87-year-old driver of the Lincoln, Ernest D. Sailor, survived the crash, as did Beemer’s husband, Robert C. Burg, 52, according to the story. Sailor’s 87-year-old wife, Maxine, and another woman, 85-year-old Virginia Miller, were also killed due to the crash.

Beemer’s husband filed a wrongful death lawsuit after the incident against the trucking company, it’s driver, the transportation broker that had arranged the moving of the windmill part and against the two escort drivers who were accompanying the rig, the story said. The lawsuit alleged that the trucking company, which was not named due to a confidentially agreement reached as part of the settlement, “had never hauled a wind tower and its employees were not trained to do so,” according to the report. “Also, the lawsuit alleges that the trailer being used was ‘homemade.’”

The suit also alleged that the driver was driving after dark, which violated state laws for oversized loads, and that the transportation broker “failed to notify the trucking company that a state police escort was required for the load.”

Beemer’s husband will receive the $12.89 million settlement for the loss of his wife.

Some $8 million of the settlement will come from the unnamed transportation broker, while $1.75 million will come from the trucking company and driver, according to a report from the South Bend (Indiana) Tribune. Another $1 million each will come from the shipper and operators of the front escort vehicle, while another $965,000 each will come from the operators of the two rear escort vehicles, the story reported. Another $175,000 will come from the owner of the semitrailer.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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$300K Settlement for Woman Fired by Hospital After Cancer Surgery

A California woman who was fired from her job in a hospital after asking for more time off following a double mastectomy in 2012 will receive a $300,000 settlement to resolve the federal disability discrimination lawsuit that was filed following the incident.

The woman, Imelda Tamayo, was an office worker in the endocrinology department at Benioff Children’s Hospital in Oakland, which is affiliated with the University of California-San Francisco, when she was diagnosed with breast cancer in December 2011, according to a Feb. 11 story in The San Francisco Chronicle. Tamayo, who had worked at the hospital since March 2009, underwent a double mastectomy following her diagnosis and then went out on two months of medical leave to recover from the surgery.

With her leave about to expire in July 2012, “she asked for an extension and presented a doctor’s note saying she could return to work in September,” the story reported, but “hospital supervisors denied the request and fired her. They later explained that Tamayo’s department was short-staffed, an additional leave would cause hardships, and they were uncertain she would be ready to work in September.”

Photo illustration of an insurance claim form. Image credit: © iStockphoto.com/KLH49

After her firing, she filed a complaint with the U.S. Equal Employment Opportunity Commission about her situation and the agency filed a lawsuit in her behalf in December 2013, the story reported. “The EEOC determined that accommodating Tamayo’s request would not have posed an undue hardship for the medical center,” the agency said in a statement at the time.  “Treating a qualified employee unfavorably because of a disability violates the Americans with Disabilities Act (ADA).  The law also requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer.”

The EEOC tried to resolve the case with the hospital initially, but eventually filed a lawsuit in the Oakland Division of U.S. District Court for the Northern District of California.

In reaching the settlement, Children’s Hospital “agreed to offer extended leave to employees who have serious medical conditions and to train managers on issues involving discrimination against the disabled” in future similar situations, the Chronicle reported.

“Tamayo, in a statement issued through the federal agency, said she was glad the hospital has changed its policy,” the paper reported. “I was devastated by the loss of my job and health insurance,” Tamayo said. Her cancer is now in remission.

A report by the San Jose Mercury News said that hospital will also now provide anti-discrimination training under the settlement.

“We take employment law obligations seriously and have worked to resolve the complaint to everyone’s satisfaction,” the hospital said in a statement, according to the paper. “We believe this has been accomplished in this situation.”

Children’s Hospital and Research Center is a non-profit organization with 30 medical specialties, over 200 doctors, and 2,500 employees at multiple sites in Oakland and the surrounding area, according to the EEOC.

Discrimination cases, injury cases, vehicle crashes and property losses of all kinds occur every day when innocent victims are hurt or killed through no fault of their own due to the actions or indifference of others, or due to hazardous weather or other disasters. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle crash anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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$3.1M Medical Malpractice Verdict to Retired Cop in Loss of Leg

A retired Illinois police lieutenant has been awarded a $3.1 million jury verdict in a medical malpractice lawsuit that was filed after his left leg was amputated in 2010 following treatment of ongoing vascular problems in a local hospital.

Donald Johnson, 65, who formerly served on the police force in Loves Park, Ill., was admitted to Rockford Memorial Hospital on Aug. 10, 2010, after complaining of dizziness, weakness and suspected upper gastrointestinal bleeding, according to a Jan. 23 story by the Rockford (Ill.) Register Star newspaper. He already had a history of peripheral vascular disease in his lower extremities, the story said.

A doctor examined Johnson in the hospital and then applied an Unna Boot on the man’s leg, which is a special gauze bandage, two days later to treat the wounds, the paper reported. That bandage was left on the victim’s leg for five days as part of the treatment, “despite medical tests revealing that Johnson had only 41 percent blood flow to the leg,” the story said.

Image credit: © iStockphoto.com/stuartbur

“Johnson’s lawyers said the boot should not have been used because of the decreased blood flow to the left leg,” and when the special bandage was removed, “Johnson’s leg exhibited necrotic skin tissue, which ultimately required a below-the-knee amputation,” the story reported. “An above-the-knee amputation was required later.”

The lawsuit alleged that the doctor who treated him “failed to offer surgical options to restore blood flow to his leg and did not consult a vascular surgeon to treat the patient,” according to the story.

The jury reached its verdict following a two-week trial at the Winnebago County Courthouse after less than five hours of deliberations.

These kinds of cases are a somber reminder that patients and their families must be vigilant about the medical care they receive so they know what is being done for a patient’s care every step of the way. But at the same time, patients and families aren’t doctors and they can’t know every question to ask.

That’s where skilled, expert, compassionate and thorough legal representation is needed by patients and their families who have been harmed by medical errors or omissions during their treatment. These kinds of cases happen on a regular basis, but they can be fought by legal teams that are prepared to battle for their clients’ rights all along the way to a fair settlement or to a just verdict.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a similar medical malpractice, birth injury or related case anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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$2.8 Million Settlement to Girl Scout Badly Hurt in Fall From Rocks

The family of an adolescent girl who was severely injured in April 2012 when she fell from a rock formation while visiting a camp facility with a group of Girl Scouts has received a $2.8 million settlement for her injuries and long-term care.

The girl, Ashley Bagosy, was 11 years old when she fell while climbing on rocks with a group of other girls on a visit to Camp Archbald in Kingsley, Pa., in Susquehanna County, north of Scranton, according to a Jan. 27 story in The Legal Intelligencer.

Bagosy suffered from a traumatic brain injury as a result of the fall, which led to memory, cognition, speech and behavioral problems, according to a pretrial memorandum. The injury occurred when Bagosy and several other girls on the visit went outside the camp without supervision, the story reported.

Image credit: © iStockphoto.com/sshepard

“During the unsupervised outing, she allegedly fell off a rock formation and then rolled about 20 feet, according to the plaintiffs’ memo,” the story reported. “The plaintiffs further contended that during the fall, Bagosy struck her head, back, neck and extremities.”

After the girl’s fall, the other girls brought her back to the camp, where several adults who were supervising the visit began to notice that Bagosy was “disheveled, confused and not responding properly,” the story reported. The victim was driven by one of the adults to a hospital, where she was examined and released.

Bagosy’s parents, Stephen and Marsha Bagosy, filed a negligence lawsuit in the Philadelphia Court of Common Pleas, alleging “that the camp was negligent for failing to control the campers, and that it negligently hired, managed and controlled its employees,” the story reported. “The plaintiffs additionally alleged in the complaint that the camp failed to have adequate safety protocols in place.”

The girl was later treated at several medical facilities, including the Children’s Hospital of Philadelphia, Nemours/Alfred I. duPont Hospital for Children and Johns Hopkins Medical Center, the story reported. “The damages that Bagosy sustained, the plaintiffs argued in their memo, were both economic and noneconomic, and included medical expenses. The plaintiffs additionally argued that Bagosy’s future earning capacity would be limited due to the fall, and that her injuries may be permanent.”

These kinds of legal cases occur every day when innocent victims slip and fall or are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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Pizza Delivery Driver Receives $240,000 Settlement in Car Crash

A 26-year-old former pizza deliveryman will receive a $240,000 settlement from the driver of a car that smashed into his delivery vehicle, leaving him with severe injuries, back in June 2013 in Northeast Philadelphia.

The pizza delivery driver, Mahmoud Ahmad, was hurt on June 2, 2013, when his Acura TL automobile was struck in an intersection by a Nissan Maxima being driven by Mohammed Abuawada, who was traveling at a high rate of speed and ran a stop sign, according to a Jan. 20 story in The Legal Intelligencer.

Image credit: © iStockphoto.com/Svenler

The crash occurred as Ahmad was driving on Lycoming Street toward the intersection with K Street after he had stopped at a four-way stop sign. As he continued through the intersection, his car was struck by Abuawada’s Nissan, which was traveling on K Street, the story reported. “Ahmad maintained that Abuawada struck his car at 80 to 85 mph. Ahmad suffered a fracture to his left clavicle, which he claimed was a serious impairment of a bodily function,” the report continued.

Ahmad sued Abuawada for negligence in Philadelphia Common Pleas Court following the crash. The case was settled on Nov. 6, 2014.

The crash caused Ahmad to suffer a fracture to his left shoulder, the story reported. He also suffered from contusions and back abrasions. He was treated in a hospital, where his arm was placed in a sling and he was discharged. Four days later, he saw a chiropractor for treatment of headaches and pain to his neck, back, right elbow, left hip, left leg and knees, the story reported.

He also underwent surgery to have a plate placed along his collarbone with screws to maintain stability, the report stated. Ahmad received other treatments for his injuries, including electro-muscular stimulation, intersegmental traction, vibratory mechanical massage, myofascial release, range-of-motion exercises, and therapeutic-ball exercises, through treatment through April 15, 2014, the story reported.

The injuries left him disabled and unable to return to work due to limited range of motion of his left arm, according to the story. “Ahmad claimed that he experiences pain in his left shoulder and lower back, and radiating pain into his legs, all of which impede his daily living and life’s pleasures,” the story reported.

Prior to trial, the parties settled the case for $240,000.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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$847K Jury Award to Woman for Serious Injury Due to Fall on Ice

A woman who slipped and fell on an icy sidewalk in front of her Philadelphia apartment building as she was leaving her building on Feb. 1, 2011, has been awarded an $847,362 jury verdict to compensate her for severe injuries and a bone dislocation from the icy fall.

The victim, Angelit Barnes, was leaving her building at the Campus Apartments in Philadelphia early that morning when she fell and suffered a severe fracture and dislocation of her right ankle that caused a bone to go through her skin, according to a Dec. 23 story in The Legal Intelligencer. The sidewalk was covered in ice at the time of her fall, the story reported.

Image credit: © iStockphoto.com/courtneyk

The negligence case was heard in the Philadelphia Court of Common Pleas.

“As a result of her injury, Barnes had to get surgery, including the placement of pins and screws into her bone” and a cast for three months, according to a plaintiff’s memo. “During rehabilitation of her ankle, the memo said, she began to develop left knee pain and an altered gait.”

She was still experiencing pain and discomfort in her ankle on her last visit to her orthopedic surgeon, the story reported. “According to the memo, she is unable to stand and walk more than three hours per day, and her surgeon said she will continue to need annual medical visits and anti-inflammatory medication as a result of the injury.”

Based on the testimony and facts in the case, the jury awarded Barnes $762,200 for pain and suffering, $47,362 for medical expenses and $37,800 for lost earnings, the story reported.

These kinds of legal cases occur every day when innocent victims slip and fall or are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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$6,750,000.00 - Brain injury from fall off of ATV while on vacation in Dominican Republic.

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$28,000,000.00 - Structured Settlement - Brain Damage injury with permanent cognitive dysfunction due to fall into unsecured swimming pool.

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$20,000,000.00 - Birth injury causing significant brain damage.

$3,500,000.00 - Failure to provide appropriate medical care in an emergency department leading to the death of 48 year old patient.

Premises Liability Lawsuits

$1,560,000.00 - Fall from scaffolding at construction site resulting in multiple fractures.

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