Firm News

Boy on 'mini-motorcycle' hit by truck on highway
Amount of settlement: $1.63 million
Published: September 20, 2012

The grandmother of the 13-year-old plaintiff bought him a "mini-motorcycle" to use when he visited her home. Shortly after the purchase, the plaintiff was riding off-road when he attempted to cross a highway after failing to heed a stop sign. He was struck by a truck.

Man allegedly prescribed deadly double-dose of drugs
Amount of Settlement: $2.5 million
Published: August 22nd, 2012

A 36-year-old father of three minor children had a medical history of Crohn's disease, for which he received treatment. He had had virtually no contact with his children in recent years. On Feb. 2, 2006, he went to his treating hospital for post-operative complications -fecal matter leaking through a jejuna site - following recent hernia-repair surgery performed by the defendant surgeon the previous December. He was admitted for wound-care management for one week. The patient was primarily attended to by his surgeon and his surgical team, which included a first-year surgical intern. The plaintiff's estate alleged that the surgeon and his surgical team, in consultation with a gastroenterologist, erroneously prescribed two powerful immunosuppressant drugs called Imuran and 6-MP, when the patient should have received only one of the drugs. The orders for Imuran and 6-MP were filled in the hospital pharmacy by two pharmacist defendants. On Feb. 9, the patient was discharged with written prescriptions for both Imuran and 6-MP in the same dosages that he had been taking in the hospital. By early March, he had become feverish and lethargic with no appetite, and his skin had grown pale. He was transported emergently via ambulance back to the hospital, where he remained until his death on March 27.

Allegedly defective pilot's seat blamed for crash
Amount of settlement: $1.7 million
Published: April 2012

An aircraft manufacturer designed and sold fixed-wing aircraft between 1960 and 1995. The pilot seat was designed with aluminum rails to allow for adjustment. The seat was designed to vertically engage steel pins into the aluminum seat rails. Plaintiffs' counsel claimed that the combination of aluminum and steel caused the rails to wear, resulting in the pilot seat slipping. Several accidents, including fatalities, occurred over a 20-year period in connection with the design defect.
The group was flying in at Katama Airfield on Martha's Vineyard on June 23, 2005. As the pilot was attempting to land, another aircraft was preparing to take off, which caused the pilot to abort his landing and attempt a go-around. As he began that maneuver, the seat allegedly slipped, causing him to lose control and crash. After an initial settlement of claims against other defendants, plaintiffs' counsel pursued the claims against the aircraft manufacturer.
The case was complicated by issues involving pre- and post-accident remedial repairs of secondary seat stops designed to prevent aft movement of the seat. Another issue related to the fact that the pilot was taking Lexapro for depression, which at the time was a prohibited substance that had not been disclosed to his flight physician when he applied to get his license renewal. The case was tried for three weeks before the defendant agreed to the plaintiffs' demands. The pilot's case continued at trial and settled the following week.

Toddler falls from Second Story Apartment Window
Amount of settlement: $1 million
Published: March 7th 2011

On a warm summer evening, the mother was in the bathroom and called out to her daughter in the living room area, which had a screened window. When there was no response, the mother went to the living room and found an open window with the screen missing. Her daughter had fallen out of the window to the ground 18 feet below, suffering a closed head injury.

Laborer, two others die in fall at construction site
Published: August 23, 2010
Amount of settlement: $2.63 million

A laborer was working on a mast-climber-type scaffold at a high-rise building construction project approximately 130 feet above the ground. The foreman removed the ties from the building once the scaffold was  no longer required believing that the cantilevered beam would hold without the scaffold, although the scaffold manufacturer states in its manual that the ties should not be removed without a crane in place to hold the scaffold steady. Once the ties were removed, the scaffold and platform fell to the street below, killing the worker, his foreman and a bystander on the ground. The worker's family brought suit against the general contractor, the scaffold manufacturer and the company that erected the cantilevered beam.

Motorcyclist's leg amputated following collision with limo
Published: August 09, 2010
Amount of settlement: $1 million

The plaintiff was operating a motorcycle when he collided with a limousine at an intersection. The motorcyclist suffered extensive damage to his left leg, which eventually had to be amputated.

Candle sparks condo fire; college student, tenant die
Published: February 08, 2010
Amount of settlement: $3.5 million

A college student and a tenant died in a fire at a Boston condominium. Power was out in the neighborhood due to an underground electrical fault and candles were being used for illumination. In the early morning hours, after the occupants of the condominium had gone to sleep, a fire broke out. The college student and one of the tenants died in the fire, while another occupant was injured. There was evidence that the condo building alarm did not sound in time to alert the occupants and that the smoke detector did not sound at all. The plaintiffs brought suit against the tenant, the condominium owner and the building owner and management.

Despite economic woes, large verdicts hold steady
Published: January 26, 2009
Amount of Settlement: $1.15 million

Drunk driver paralyzes friend in car wreck

"#47CC47" Largest Verdicts & Settlements of 2007
Published: January 28, 2008
Amount of Settlement: $4.5 million

The civil suits alleged that improper actions on the company's part led to an explosion that caused severe injuries to two people. The negligence occurred when the propane delivery person for the company failed to check for an open gas line and failed to conduct an adequate leak check, which would have revealed an open gas line. The explosion occurred when one of the plaintiffs tried to light a cigarette, not knowing that propane sinks to the floor and loses its odor over time.

Largest Verdicts & Settlements of 2007
Published: January 28, 2008
Amount of Settlement: $6.5 million

The whistleblower became aware of fraudulent conduct by his employer. The relator and two others filed a False Claims Act complaint and participated in undercover operations against their employer. The relators were entitled to share in a percentage of the proceeds obtained by the government from the civil claim. The government also obtained a criminal indictment against the employer, resulting in a substantial fine. The relators challenged the allocation between the criminal fine and the civil recovery, alleging that the government unfairly increased the criminal fine and reduced the civil recovery to reduce the recovery to the relators.

'Misuse' of Pitocin results in delivery of stillborn
Published: January 07, 2008 Date: August 9, 2010
Amount of Settlement: $800,000

The plaintiff presented to the hospital in labor, had an artificial rupture of the membranes and was placed on an electronic fetal heart monitor. The plaintiff did not feel the sensation to push due to the strong epidural, so the epidural was stopped. She then developed a temperature of 101.2 degrees, and the defendant obstetrician ordered antibiotics and Pitocin to enhance her contractions and assist in delivery, but her temperature increased to 102 degrees, at which time she was given Tylenol. Shortly thereafter, a Caesarean section was performed because the fetal heart tracings demonstrated non-reassuring signs. But the baby was delivered stillborn. The defendant alleged that there was good variability in the fetal heart tracings and that pathology found evidence of chorioamnionitis and placental abruption several hours before delivery. The plaintiff retained experts to counter that evidence who said the defendant failed to recognize non-reassuring fetal signs; failed to diagnose an arrest of labor and descent; and misused Pitocin, resulting in uterine hyperstimulation and other matters.

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