$195,000 WORKER'S COMPENSATION SETTLEMENT FOR LOW BACK INJURY
A young construction worker injured his low back while lifting at work. He had two surgeries but was found to be unable medically to return to his former heavy work. The insurance company had the worker undergo an Impairment Rating Examination which resulted in a finding that he was less than 50% whole body impaired. The case eventually settled by way of a Compromise and Release for the sum of $195,000. This enabled the worker to pursue vocational possibilities of his choosing.
SETTLEMENT OF WORKER'S COMPENSATION CLAIM FOR INJURED WORKER RECEIVING SOCIAL SECURITY DISABILITY
A laborer in his mid 30s suffered devastating injuries to his leg and upper extremities in an on the job accident involving a large vehicle. The worker had multiple surgeries to correct his orthopedic problems. In addition to his workers compensation benefits he was also receiving Social Security Disability. We were able to successfully Compromise and Release his workers compensation claim for the amount of $286,500 and in the process secured a partial structured settlement to fund his future medical expenses. Approval to do that was secured from Medicare and the worker was able to have his Social Security Disability monthly payment increased.
STEEL WORKER WITH SHOULDER INJURY SETTLES WORKER'S COMPENSATION CLAIM FOR $165,000
A steel worker injured his shoulder and upper extremity while shoveling at work. He underwent surgery but it did not correct his problem. He developed a permanent numbness making it difficult to return to his former position. He was cleared to do less physically demanding work. A settlement in the amount of $165,000 was reached which freed the worker up to pursue other vocational goals.
SOCIAL SECURITY DISABILITY BENEFITS OBTAINED FOR THOSE ABOVE AGE 50
We have handled a number of Social Security Disability cases resulting in awards of benefits to clients who were above the age of 50, with limited education, and who had performed unskilled work in the past. Because they were limited to performing only sedentary work the Regulations allow for an award to be made to them. Many of these types of cases have different aspects to them, whether they relate to medical problems, prior work experience or current work abilities that could increase or decrease the chances of winning. The most important factor of these appears to age. Those who are 50 years of age or older seem to stand a better chance of winning than younger individuals. The only way to correctly assess a person's chances is to do a full evaluation of all the facts and circumstances regarding a claim.
MOTOR VEHICLE ACCIDENT RESULTS IN $4,000,000.00 AWARD
This claim involved a single motor vehicle accident which occurred on December 24, 2006. Our client was a passenger in a motor vehicle that lost control on a curve, causing the vehicle to come to rest over an embankment.
Our client was life-flighted to UPMC Presbyterian where the initial diagnosis was a right femur fracture and a Grade III B open tibial fracture, and underwent seven surgical procedures to repair the open tibial fracture. The client is now able to walk and has done well in rehabilitation.
Our client suffered a loss of future earning capacity and we were able to demonstrate this loss through expert witnesses that undertook to perform a vocational analysis of his future work limitations.
The case was litigated before a Board of Arbitration who found in our client’s favor in the amount of $4,000,000.00.
$600,000.00 SETTLEMENT IN TRUCKING ACCIDENT
This accident occurred on March 20, 2007 in North Fayette Township, Allegheny County. At that time, the Defendant's commercial tractor trailer truck failed to yield the right of way to Plaintiff's vehicle and made a left turn into her vehicle. Plaintiff was transported from the scene by ambulance and taken to Ohio Valley General Hospital complaining of neck and midline low back pain. On November 15, 2007, an anterior cervical microdiscectomy and fusion was performed at Presbyterian University Hospital. On June 7, 2008, a posterior microsurgical foraminotomy to decompress the nerve root at C5-C6 was undertaken. The lower back problem worsened and lower extremity radicular pain became severe. To treat this problem, a L5-S1 lumbar microdiscectomy was done on September 4, 2008. As of the present date, Plaintiff experiences both lumbar/cervical discomfort. This case also presented with a significant claim for future loss of earning capacity. Plaintiff was a trained paramedic and worked on various ambulance crews in 2004 and worked at UPMC Passavant North in 2006 as an emergency technician. In 2006, Plaintiff took an administrative assistant position, through a temp agency. The position is a temporary position and is scheduled to end in the summer of 2009. Due to her injuries, Plaintiff cannot return to a paramedic position.
NURSING HOME NEGLIGENCE RESULTS IN $850,000 VERDICT
Our client was a 77 year old resident in a nursing home when he developed severe pressure ulcers or bedsores. Due to a lack of proper medical care, the wounds worsened and eventually resulted in amputation of both legs and a colostomy. Review of the client's medical records revealed that nursing home staff did not turn and reposition him as they should have and there was no medical assessment of his wounds for weeks, including a ten (10) day period when they worsened significantly. During cross examination at trial, the nursing home's expert conceded that turning and repositioning should been performed every two (2) hours and that even a single lapse in protocol could lead to a pressure ulcer, particularly in a patient with other risk factors such as circulatory problems and immobility. A verdict in the amount of $850,000 was entered against the nursing home for its negligence.
PRESCRIPTION ERROR RESULTS IN $250,000 SETTLEMENT
A $250,000 settlement was obtained for a 55 year-old who suffered serious injuries as a result of a prescription refill error. For a number of years the client had been taking a prescription for hypertension, having it automatically refilled at a local pharmacy. The pharmacy erroneously refilled the prescription with a different drug. Not knowing of the error, the client continued taking the wrong medication for three weeks and began to experience side effects including problems with concentration and short term-memory. Once the error was discovered, attempts to "wean" the client off of the wrong medication were unsuccessful. Due to the drug's side effects, the client was unable to perform her work duties in an office where she had been employed for 25 years. The pharmacy admitted it had made an error in the refill, but disputed that the client's ongoing problems were caused by its error. Medical and wage loss experts helped to demonstrate that the pharmacy's error resulted in long term problems and had led to a significant economic loss due to a forced early retirement.
$500,000 SETTLEMENT WITH BANKRUPT TRUCKING COMPANY
Our client, age 27, was operating her car when a tractor trailer crossed the center line and crashed into her. Fortunately, she survived, but suffered a disc injury requiring surgery and a prolonged period of recovery. The trucking company subsequently filed bankruptcy and went out of business. The insurance company then tried to avoid paying the claim by improperly alleging that the truck driver was not acting as an employee of the trucking company at the time of the accident. With the use of private investigators the truck driver was located to provide testimony against his former employer and the insurance company. We were then able to file suit against the insurance company and obtained a $500,000.00 settlement for our client.
$3.1 MILLION VERDICT AGAINST SNOW REMOVAL COMPANY
A $3.1 million verdict was recently obtained in a case against a snow removal service that performed an inadequate job of removing ice and snow from a designated walkway at a local business. The fall occurred on the only pedestrian walkway leading from the customer parking lot to the main entrance. The business owner had specifically requested that the snowplow operator remove snow and salt the walkway when warranted by weather conditions. The snowplow operator had cleared heavy snow accumulation weeks prior to the accident, by piling snow on either side of the walkway. Evidence demonstrated that although no snow had fallen for a week prior to the fall, temperatures led to a thawing and freezing of the piled up snow, leaving a thick accumulation of ice on the walkway and only a two inch clearing for pedestrians. The snowplow operator had been to the location to salt just two hours prior to the fall, but neglected to remove the icy build up on the walkway. The client suffered serious and disabling injuries that interfere with his ability to walk and perform normal activities of daily living. The verdict is one of the highest awarded in Beaver County in an accident of this type.
$950,000.00 SETTLEMENT IN AUTOMOBILE CASE
Our client, age 21, was a restrained passenger in a car when the driver lost control of the vehicle around a bend causing it to roll and go over an embankment. The client sustained injuries to his right leg that were so severe amputation was considered. After numerous surgeries and therapy, the leg was saved but carried a heightened risk for bone infection and is unlikely to ever return to a full range of motion and strength. With significant research and use of experts, we were able to demonstrate the severity of the injury and the impact on the client's social and economic life, including a significant past, present and future wage loss claim. A settlement of $950,000.00 was obtained just prior to trial.
$800,000 SETTLEMENT FOR FALL ON ICE
Our firm recently obtained an $800,000 settlement for a client injured in a fall at a business. We were able to demonstrate through a weather expert that the icy condition of an outdoor walkway where the fall occurred had existed for a substantial period of time. The client sustained a back injury in the fall and required surgery. Surgical complications resulted in serious impairments including an inability to walk without the use of a walker. It can be extremely difficult to obtain a monetary recovery for falls on ice and snow because a business owner may not be held responsible for conditions resulting from a recent snowfall or freeze. Our use of a weather expert was key to demonstrating that the business owner had adequate time to make its property safe for customers.
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