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Archive for the ‘ Court Radio ’ Category

$8.5M Settlement in Truck Crash Deaths Caused by Drug Clinic Patient

An $8.5 million settlement has been reached in Minnesota for the families of two men who were killed in a multi-vehicle crash in October 2012 when the truck they were riding in was struck by a vehicle being driven by a patient who was in drug treatment at a methadone clinic.

Mitchell Lingren, 29, and Zachary Gamache, 25, were killed on Oct. 1, 2012 when their truck was struck by a car being driven by methadone clinic patient Vanessa Brigan near Wright, Minn., according to a Jan. 27 story in The Brainard (Minn.) Dispatch. The impact caused the truck carrying the two men to careen across the highway, where it was then struck by a large truck that was hauling construction equipment, the story reported. Brigan’s car had crossed the centerline of the roadway before striking the truck carrying the men.

“Brigan had received methadone treatment at the Pinnacle [Recovery Services] clinic in Brainerd earlier in the day,” the paper reported. “She also admitted to injecting a take-home dose of the drug intravenously before beginning a 100-mile drive back to her home in Cloquet.”

Image credit: © iStockphoto.com/tillsonburg

The settlement came before a trial was to begin in Minnesota State District Court, the story reported. Under the terms of the settlement, the methadone clinic and its CEO, Dr. John Stroemer, “agreed to be found negligent” in the case, which was filed by the families of the two victims.

Brigan, now 30, is serving a six-year prison sentence after previously pleading guilty to criminal vehicular homicide charges, the paper reported. “Attorneys for the families subsequently alleged that Stroemer never conducted a physical examination of Brigan or even looked at her medical records prior to prescribing her a take-home dose of the narcotic,” the story stated.

Under the settlement, Pinnacle Recovery Services is to pay $5.7 million to the families of the victims, while Stroemer is to pay $2.85 million. “The plaintiffs have agreed to seek damages only from West Bend Mutual Insurance Company and the Minnesota Joint Underwriting Association, the liability insurers for Pinnacle and Stroemer, respectively,” the story reported. “Both insurers have denied coverage, but suits have been filed in district court seeking to force payment.”

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes and a wide range of other incidents 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 such an incident 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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$15M Damage Award in Lancaster County Fatal DUI Car Crash Case

A Lancaster County jury has awarded $15 million in damages to the family of a 24-year-old York County woman who was killed in February 2014 when the car she was driving was struck by an SUV that was being operated by a man who was legally drunk.

Kaitlyn E. Berry was killed in the Feb. 22, 2014 crash when her vehicle was struck on Lancaster’s East King Street by an SUV being driven erratically by Carlos R, Garcia, according to a Jan. 19 story by LancasterOnline.com. Her mother, Lisa Stamper, was a passenger in Berry’s car and was severely injured, the story reported.

Image credit: © iStockphoto.com/tillsonburg

Garcia pleaded guilty in July 2014 to felony counts of vehicular homicide while driving under the influence, aggravated assault by vehicle while driving under the influence and related charges in connection with the crash, the paper reported.

“With his 7-year-old son as a front-seat passenger, Garcia was seen speeding and passing cars on East King Street without using turn signals before he struck Stamper’s eastbound Subaru,” the story reported. Berry was driving her mother’s car when the crash occurred.

“Garcia’s license had already been suspended — from a prior DUI — when he got behind the wheel” of the SUV that day, the story reported. “Police determined Garcia’s SUV was traveling 55 mph, in a 35 mph zone, and that he didn’t brake prior to the crash.”

His blood-alcohol level later was tested to be .144 percent after the crash, which is nearly twice the Commonwealth’s legal limit of .08 percent, the story reported.

Berry, of Dover, York County, died in the crash, and her mother, who lives in Lancaster Township, was left wheelchair-bound, according to the story.

Garcia was sentenced to 19 years and three months to 38 years in prison for his crimes, according to the courts.

Berry’s estate was awarded more than $8 million, while her mother was awarded more than $7 million for her injuries.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes and a wide range of other incidents 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 such an incident 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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$1.57M Verdict in Injured Carpenter’s Medical Malpractice Case

A 56-year-old Port Angeles, Wash., carpenter has been awarded a $1.57 million medical malpractice verdict after he lost the use of his left hand and suffered permanent damage to his left arm after being misdiagnosed at a hospital following a workplace injury in 2011.

Plaintiff John Pluard was working at a boat building company on Feb. 2, 2011, when he fell 16 feet from scaffolding onto a concrete floor, according to a Dec. 24 story in the Peninsula Daily News in Washington state. After his fall, he was airlifted to Harborview Medical Center in Seattle where he was treated for a fractured leg and left elbow, the story reported. The University of Washington runs Harborview.

Pluard had surgery on his leg the following day and developed compartment syndrome in his left arm, which is a swelling condition that compressed muscles, nerves and blood vessels, causing his arm to starve for oxygen, the story reported. If untreated for more than six hours, such an injury can cause a limb to be severely damaged.

Image credit: © iStockphoto.com/courtneyk

Pluard’s wife, Lisa, had “without success, asked repeatedly for several hours for a doctor to examine her husband the night of Feb. 3, 2011,” the story stated, but he was not examined by a doctor until about 2:24 a.m. on Feb. 4. The doctor who examined Pluard was a first-year orthopedic resident who allegedly failed to properly diagnose his condition, the story reported.

The patient was given morphine, which masked the pain, and a supervising surgeon later found that Pluard’s left hand was completely numb, according to the report.

The jury found that the orthopedic resident who originally treated the victim was negligent because she “failed to respond to Pluard’s complaints of pain,” the story reported. “Pluard’s lawsuit also alleged that the University of Washington was negligent in improperly supervising and training first-year residents on its orthopedic surgery trauma service,” according to the report. “Trial evidence showed that the university was relying on [such residents] to provide overnight coverage that required them to work shifts of more than 24 hours and be responsible for 20 to 60 patients at a time.”

The case was heard in King County Superior Court. The jury awarded Pluard $1.3 million in economic and non-economic damages and $275,000 in non-economic damages to his wife, the story reported.

Pluard had multiple surgeries following his injury, but the procedures have “left him with a useless and grotesquely deformed limb,” his lawsuit stated.

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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$32M Verdict in Pittsburgh Car Crash that Killed a Child

The family of a 6-year-old boy who was killed in a 2012 vehicle crash in Pittsburgh, Pa., has been awarded a $32 million verdict in the case by an Allegheny County jury.

The boy, Elijah Straw, was killed when the car in which he was riding was struck from behind by a pickup truck after the car became disabled on a highway on May 1, 2012, according to a Dec. 29 story in The Legal Intelligencer.

The Pontiac Vibe automobile was being driven by the boy’s father, Thomas Straw, when its hood latch malfunctioned, allowing the hood to fly up and block the driver’s view of the road ahead, the story reported. Thomas Straw stopped the car in the center lane of the highway to fix the hood and the vehicle was then struck from behind by a Ford F-250 pickup being driven by Kirk Fair, who was an employee of Golon Masonry Restoration Inc., the story stated. There were open lanes on either side of the disabled car, according to the report.

Image credit: © iStockphoto.com/tillsonburg

Elijah Straw was in a car seat and was killed by the impact. His parents and young brother were seriously hurt in the crash.

“Memos from both sides said Fair was fumbling with folders that had fallen to the floor and had taken his eyes off the road” when the crash occurred, the story reported.

Thomas and Jennifer Straw each suffered a range of injuries, including concussions, lumbar spine fractures, bruises, lacerations and abrasions, while their other son, Rowan, experienced seizures after the crash, the story reported. The parents also suffered from mental health issues following the crash that killed their child.

Fair, the driver of the pickup truck that struck the family’s car, later pleaded guilty to homicide by vehicle, three counts of aggravated assault by vehicle and four counts of recklessly endangering another person, the story reported. Fair is serving six to 23 months in prison and faces 10 years of probation following his incarceration.

After hearing six days of testimony in the case in December 2015 the jury reached its verdict in two hours, the story reported. The family was awarded $10 million for a wrongful death claim and $10 million for a survival claim, $3 million for each parent and $6 million for the deceased child’s brother.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes and a wide range of other incidents 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 such an incident 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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$700K Settlement to Boy Injured in Car Crash at a School

The family of a California boy who had a leg amputated after being struck by debris from a nearby car crash while he was playing on a school athletic field has reached a $700,000 settlement in the case.

The boy, Adrian Grajeda, who was 10 years old at the time of the Oct. 23, 2013 incident, was playing in the athletic field of Abraham Lincoln Elementary School in Palm Desert, Calif., when a car crashed into another car nearby, throwing debris at the boy and severely injuring him, according to a Dec. 8 story in The (Palm Desert) Desert Sun.

Image credit: © iStockphoto.com/courtneyk

His mother, Brandy Grajeda, filed a lawsuit against the driver of the car, Malcolm Paterson, who was 83 at the time of the crash, alleging negligence. Paterson later died in January 2015 before the case could go to trial and his wife, Evelyn, was named as the defendant in the lawsuit, the story reported.

Before he died, Malcolm Paterson was also charged with drunken driving and causing injury in a crash, but the charges were dismissed after his death, according to the story.

The settlement will pay for the boy’s medical bills and artificial limbs as he grows up, the story reported, with a portion of the award being held back until he turns 18 years old. The boy is an active athlete and received support and encouragement from his community after the incident, according to the story.

Malcolm Paterson had told prosecutors that he mistakenly pressed the accelerator pedal rather than the brake pedal as his Chevrolet Cruze automobile traveled south on Portola Avenue while approaching traffic which was stopped at a red light, the story reported.

“Paterson’s car collided with another vehicle, veered onto a sidewalk, crashed into a traffic signal and finally struck the steel perimeter fence of the elementary school on Rutledge Way in Palm Desert,” according to the report. “Debris from the crash struck Adrian, who was airlifted to a hospital, where his right leg was amputated. Other students were outside at the time, but no one else was hurt.”

Malcolm Paterson’s blood-alcohol level was .04 percent after the crash, which was below the legal limit of 0.08 percent, “but investigators said he was still driving impaired,” the story reported.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes and a wide range of other incidents 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 such an incident 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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$3M Settlement to Plumber Hurt in Freight Elevator Accident

A 33-year-old plumber and pipe fitter whose hand was severely crushed and disabled between the doors of a freight elevator while working as a contractor in a meat plant has reached a $3 million settlement for his injuries

James Levering was permanently disabled due to the injury to his left hand, which occurred June 9, 2012, at the meat processing plant of Hatfield Quality Meats Inc., according to a Dec. 8 story in The Legal Intelligencer.

Levering was at the plant working as a contractor when his hand was crushed between the elevator’s doors, according to a plaintiff’s memo, the story reported. “Hatfield had been aware for years that the freight elevator was causing injury to individuals and did nothing to make its premises safe, the memo said,” according to the story. “The memo cited seven incidents at the plant in which others had been injured in the five years preceding Levering’s injury.”

Image credit: © iStockphoto.com/alexskopje

The plaintiff’s also argued that the meat plant “had no safety program, no safety budget and no safety-based bonus incentives, and that the elevator failed to meet ANSI standards, which required two pull straps, one on the inside and one on the outside,” the story reported. “The elevator had only one pull strap, on the outside of the door, forcing Levering to place his hand through the door to close it, the memo said. When he pulled the strap, the door closed more quickly than he anticipated and his hand was crushed.”

Several broken bones in the victim’s hand developed into “reflex sympathetic dystrophy and complex regional pain syndrome,” according to the plaintiffs, and he experiences high sensitivity to any contact with his left hand and arm, the story reported. Levering suffers from depression due to the injury due to psychological trauma and requires therapy and medication, the story said.

Levering’s lawsuit sought compensation of $7.2 million, including $4.2 million in economic damages. The lawsuit was filed in the Philadelphia Court of Common Pleas,

About $96,605 of the settlement will be paid by Hatfield Quality Meats, while $1 million will be paid by Scottsdale Insurance Co. Another $1.4 million will be paid by Markel Service Inc., with the remaining $500,000 coming from Erie Insurance Co., according to the story.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in workplace accidents, vehicle crashes and a wide range of other incidents 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 such an incident 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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