Personal Injury

Verdicts and Settlements:
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Below are some work injury verdicts and settlements gathered from news outlets from throughout the United States:

$10,500,000 Verdict - Medical malpractice. Cerebral Palsy. Child suffered severe brain damage as a result of medical malpractice which occurred during prenatal care. Physician noted in chart the likelihood of pre-mature birth yet no treatment was rendered to the mother prior to delivery.

$4,900,000 Settlement - Motor Vehicle Accident. Brain Injury. Infant struck by speeding vehicle which mounted a sidewalk sustained frontal lobe brain damage affecting his emotional and behavioral conduct.

$4,050,000 Settlement - Roadway Design. Spinal Cord Injury. Plaintiff was a passenger in a van when the driver of the vehicle lost control, striking a series of fixed objects, due to an improperly designed and constructed roadway. The plaintiff sustained a spinal cord injury and a resulting partial paralysis. The settlement included a satisfaction of a $1,550,000 medical lien.

$3,900,000 Verdict - Medical Malpractice. A recovering cancer patient was undergoing radiation therapy for rectal cancer. Physician gave excessive doses of radiation which not only resulted in severe burns but a disabling injury to the groin area affecting plaintiff's ability to walk.

$3,400,000 Verdict - Premises Accident. While effectuating an arrest as a result of a domestic dispute, a police officer was caused to fall down a flight of stairs. She sustained disabling injuries to her back and knees, resulting in multiple surgical procedures.

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$3,120,000 Verdict - Construction Accident. Laborer was injured in trench collapse as a result of violations of the Industrial Code of the State of New York. The worker sustained crush injuries to his chest, a herniated disc, collapsed lung and psychological injuries.

$2,950,000 Settlement - Elevator Accident. Client pressed elevator call button and when elevator arrived the shaft way doors opened. He instinctively stepped forward but there was no elevator present and the plaintiff fell from the first floor onto the safety spring located on the basement floor of the shaft way. He sustained a fractured pelvis, herniated disc and degloving injury to his penis.

$2,750,000 Settlement - Construction Accident. Roofer fell down an improperly covered ventilation shaft sustaining a severe head trauma which resulted in a seizure disorder and partial loss of vision.

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$2,625,000 Settlement - Medical Malpractice. Erb's Palsy. Mother was diagnosed as suffering from gestational diabetes and the fetus was known to be approximately 9 pounds, 6 ounces. Despite these facts a vaginal delivery was attempted. At the time of delivery the newborn's shoulder became stuck behind the cervix of the mother. Rather than perform a c-section the obstetrician utilized an improper delivery technique and a brachial plexus injury known as an Erb's Palsy resulted. The settlement reflects a structure to the infant paid for with slightly more than half the settlement proceeds.

$2,500,000 Verdict - Dram Shop/Drunk Driver. Passenger driving with her fiancé sustained multiple fractures to her leg and hip, as well as psychological damages, when a drunk driver crossed into their lane of traffic. Verdict against both the drunk driver and the bar where he was served alcoholic beverages while already intoxicated. Our client's fiancé was killed in the accident and the attorney for his estate settled their case for $100,000.
$1,645,000 Verdict - Construction Accident. Laborer working on scaffolding which was struck by a truck fell approximately 10 feet. He sustained a spinal fracture which required surgical intervention.

$1,450,000 Settlement - Construction Accident. Plaintiff was moving a container filled with construction debris on a wooden ramp. The ramp suddenly collapsed beneath him and he sustained back and leg injuries which necessitated surgical intervention. Case settled after selection of a jury with $250,000 of plaintiff's settlement being structured.

$1,225,000 Settlement - Construction Accident. Plaintiff was performing excavation work in a trench when it was caused to collapse due to improper shoring and support of the trench walls. Plaintiff sustained a crush injury and fracture to a leg requiring surgical correction. Case settled in the middle of trial.

$1,060,000 Settlement - Medical Malpractice. Client was an innocent bystander who was shot in the leg. Hospital failed to detect a bullet fragment which was visible in an x-ray. As a result, the client developed a vascular necrosis. Case settled in the middle of trial.

$1,050,000 Settlement - Premises Liability. Building owner allowed defective downspout on roof of building to discharge water onto public sidewalk. Plaintiff slipped and fell on a pool of ice which formed on public sidewalk from melting snow which drained off the defendant's roof. Plaintiff sustained a back injury and a fractured hip which necessitated hip replacement surgery and substantial lost earnings.

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$1,020,000 Verdict - Municipal Liability. Client was a participant in a softball league playing in Central Park. During the course of a game she was playing the outfield when she stepped upon a manhole cover which was improperly installed. The manhole cover flipped over causing her to fall into the resulting opening. She sustained herniated discs to her back requiring a laminectomy.
$1,000,000 Settlement - Firearms. A teenager was shot in the eye by a friend who accidentally fired a BB Gun. Case was settled for the entire policy limits of his parents homeowners insurance policy.

$1,000,000 Settlement - Medical Malpractice. Patient sustained a leg fracture and developed an embolism within two days of being set for her cast. The embolism traveled to the patients lungs causing her death. At trial it was shown that the embolism developed by virtue of her fracture being improperly set and casted. While our client was a single woman, a recovery was made on behalf of her estate when the case settled in the middle of trial.

$925,000 Verdict - Podiatric Malpractice. Patient of podiatrist received excessive injections of steroids to treat a foot ailment over the course of approximately one year. These injections dissolved the soft tissue connecting to her ankle resulting in a bone fusion.

$860,000 Settlement - Municipal Liability. Plaintiff was learning disabled and working as a night porter at a residence facility. While removing rubbish and carrying a flashlight in his hand he was approached by police who were canvassing the area for a perpetrator carrying a weapon. Based on the plaintiff's dress and size he appeared to match the description of the individual being sought. He was instructed to stop and assume the position of an arrest by the police from a distance. He did not, however, understand their instructions because of his disability.

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$850,000 Settlement - Medical Malpractice. During a nine hour surgical procedure patient's arm was left in a hyper-extended position without adjustment as required by accepted medical practice. As a result, he developed a severe brachial plexus palsy to his right arm.

$825,000 Settlement - Truck Accident. Bridge painter was in parked vehicle at construction site which was side swiped by a tractor trailer truck. The truck driver claimed that he skidded on a wet roadway. Our client sustained a torn rotator cuff with two arthroscopic surgeries.

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$790,000 Settlement - Lead Exposure. Infant plaintiff who resided in apartment for approximately four years developed blood-lead levels consistently measuring in the mid twenties. His parents noted behavioral issues as a toddler and he was diagnosed with learning disabilities and Attention Deficit/Hyperactivity Disorder ("ADHD") upon entering elementary school.

$750,000 Settlement - Construction Accident. Metal worker in a cherry picker located on train platform was caused to fall. Accident occurred when train entering the station was not slowed and vibrations caused the cherry picker to lean. Plaintiff sustained a Lys Franc fracture requiring surgery.

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$725,000 Settlement - Pharmacist Malpractice. Pharmacist accidentally filled prescription for blood pressure medication with that for an asthma patient. One month later client suffered a moderate stroke.

$675,000 Settlement - Hospital Malpractice. Sixty three year old patient was brought to emergency room with chest pains. He remained untreated on a gurney for nearly five hours and ultimately had a heart attack in the emergency room. He died a short time thereafter. Plaintiff worked part time as a security officer at the time of his death.

$675,000 Settlement - Construction Accident. Laborer making a delivery was struck in knee by materials which were being lifted by teeth of hydraulic bucket. The belt holding the subject materials slipped off the teeth of the bucket causing the material to fall upon the plaintiffs knee. Plaintiff underwent multiple reconstructive surgeries to his knee.

$650,000 Settlement - Medical Malpractice. Plaintiff was a heavy-set smoker who developed a cold leg with pain to her lower left extremity. She complained to her doctor who suspected diminished blood flow and he claimed to have scheduled her for an arteriogram 7 days later. Two days after her visit the client was rushed to the hospital and a below the knee amputation was performed.

$650,000 Settlement - Kings County. Construction Accident. Carpenter fell approximately 12 feet down an open and unprotected elevator shaft way door. He sustained a herniated disc and medial meniscus tear. Case settled after jury selection.

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$625,000 Settlement - Truck Accident. Plaintiff was a passenger in rear of pick-up truck returning from work. The operator of the vehicle was driving at an excessive rate of speed. While turning onto another street he hit a bump in the road causing the plaintiff to be ejected. Plaintiff sustained a subdural hematoma with evacuation.

$625,000 Settlement - Municipal Liability. Operator of motor vehicle was struck by car which went through a stop sign obscured by an ungroomed tree. The tree was growing on a vacant lot owned by the municipality. Client sustained a vision loss to one eye and the case settled after jury selection. The policy limits of the offending vehicle ($125,000) was paid, with the balance from the municipal defendant.

$613,000 Verdict - Construction Accident. Laborer removing materials at a construction site fell through a deteriorating staircase which collapsed underneath him. He sustained partial bilateral tears of the meniscus in each knees.

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$600,000 Settlement - Psychiatric Malpractice. Client was voluntarily admitted to a psychiatric facility for assorted disorders. A window in her second floor room was left unlocked and she attempted to leave the facility by jumping from this window. She sustained bilateral leg fractures.

$564,000 Verdict - Construction Accident. Painter was working on a baker's scaffold when it began to move. It was not equipped with a wheel lock mechanism and he was not provided a safety harness. As a result, he was caused to fall approximately 10 feet sustaining a closed head injury.

$500,000 Settlement - Motor Vehicle Accident. Pedestrian struck by motor vehicle while in cross-walk sustained a fractured ankle requiring surgical intervention.

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$500,000 Verdict - Truck Accident. Client was struck by a truck backing-up at a loading dock. Plaintiff worked in the building where the delivery was being made and was walking to an adjacent entry-way. She sustained a torn anterior cruciate ligament with arthroscopic surgery.

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Police Officer Settles for $130,000 over Accidental Shooting During Training

A police officer with the Elmira, New York police force reached a $130,000 settlement to resolve a lawsuit he brought against the city after being shot with live ammunition during a police training exercise. Joseph Miller, Sr., was shot in the arm in 2003, with real bullets and not practice rounds, as an investigation discovered. As a result of the lawsuit, the department made some changes to safety procedures to avoid similar accidents in the future. Most of the $130,000 in the settlement will be paid by an insurance policy held by the city.
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$19 million awarded for worker's death

A New Jersey Superior Court jury recently awarded $19.2 million to the widow of a man who died of a job-related lung disease in 2002. Roger Fuccilli was a railroad car repairman for the New Jersey Transit for 18 years and was employed by Central Railroad of New Jersey for 18 months before that. In the course of his duties, Fuccilli engaged in welding, sanding, painting and repairing brakes using asbestos and silica products in addition to breathing metal dust and welding fumes. Being exposed to these harmful materials caused Fuccilli to be diagnosed with pulmonary fibrosis in 2000. He later died in 2002. The jury awarded Catherine Fuccilli $4.1 million for Roger's pain and suffering and another $15.1 million for his wrongful death.

$2.7 million settlement received for power plant injury

A coal handler recently received a settlement of about $2.7 million after he suffered a severe injury at an Eastman Kodak Co. power plant. Michael Beasley was injured when his left arm was trapped in a conveyer belt. Beasley underwent an unsuccessful experimental surgery to restore feeling and movement in his arm.

$1.8 million awarded for forklift injury

A California state appeals court recently affirmed a $1.8 million jury award to a forklift operator who lost a leg in an accident in 2003. Eugenio Feliciano was severely injured when a tire on a Toyota Series 7 forklift split and caused the machine to topple over, crushing his leg. Feliciano presented evidence that the Series 7 forklifts used the same tires as conventional models that do not have the "system of active stability" mechanism. Toyota's SAS mechanism puts greater lateral force on forklift tires, thus, the burden of the verdict was put upon Toyota.
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$1.2 million settlement reached for prison stabbing

A federal court recently approved that a $1.2 million settlement be distributed to the family of a prison guard who was stabbed to death by an inmate at the Chino State Prison in Los Angeles, California. Manuel A. Gonzalez, Jr. was allegedly stabbed by inmate Jon Christopher Blaylock in 2005. The stabbing occurred in the reception area of the prison, where inmates are housed while awaiting transfers to other prisons. Blaylock was serving a 75-year sentence for the attempted murder of a peace officer. Gonzalez was not wearing a protective vest at the time of the attack. The Gonzalez family alleged that the prison system administrators contributed to his death by failing to issue him a stab-proof vest and by failing to properly house Blaylock.

$39.5 million Awarded for Utility Pole Injury
A Colorado jury recently awarded $39.5 million to Xcel lineman Andrew Blood who was paralyzed when a utility pole collapsed upon him in 2004. The jury found Qwest, the owner of the pole, responsible for the injury. Apparently, the company had not inspected any of its 150,000 poles in over 40 years.

$30.3 million awarded to Injured Worker

A New York State jury awarded $30.3 million to a worker who sustained a career-ending injury after falling from a ladder. Peter Bissell suffered severe spinal and other injuries, suffers partial paralysis of both legs, and now walks with the assistance of braces and canes. Bissell's doctors have declared him permanently disabled. The jury ordered carriers for the former McGonigle & Hilger Roofing Co. to pay the sum of the verdict.
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$4.5 million to railroad worker

A Hennepin County jury in Minnesota awarded $4.5 million to a Montana railroad worker whose hand was crushed while working in South Dakota. Steve Tennant of Helena claimed he lost the use of his right hand when a load of wood shifted and crushed it as he tried to push a piece of wood back onto a Dakota, Minnesota & Eastern Railroad Corp. rail car in Rapid City, South Dakota. Although the incident occurred in another state, the judge of Minneapolis said Tennant was allowed to sue under the federal Employer's Liability Act "anywhere the railroad lays track." The main issue in the case was whether the wood was sticking out on the rail car. While Tennant was in the hospital, the company allegedly had someone cut the protruding wood from the railcar to dispute the lawsuit. The jury accepted Tennant's claims that the company lied to protect itself.

$4 Million to Injured Construction Worker

A Missouri state appeals court affirmed a $4 million verdict against Empire District Electric Co. in favor of a construction worker who was injured at a Webb City job site in 1995. Ed English and another construction worker, Jason Daniel Hynes were severely injured when the metal scaffolding they were attempting to steady on a forklift came in contact with a 69,000 volt overhead power line. The two men sued the power company in the circuit court, claiming negligence in eliminating, guarding against or warning about the hazard. Hynes' case went to trial in 2001 and was settled on undisclosed terms before a jury verdict was reached. The jury found Empire liable to English for injury to the brain and nervous system.

$101 million to Garage Collapse Victims

An Atlantic City jury awarded $101 million to 36 plaintiffs after the Tropicana Casino garage collapsed in 2003, killing four men and injuring two dozen others. The incident occurred while workers were pouring concrete on the top deck of the parking garage during construction. The results of the investigation suggest that the accident occurred as a result of a flawed project design, execution and oversight. The Occupational Safety and Health Administration found that the contractors had failed to install critical steel connections between the garage decks and an outer wall, resulting in a weak support system to support the concrete decks. The lawsuit is described as the largest personal injury settlement in the region and may have been the largest construction-accident settlement in the nation.
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More than $1.8 Million Awarded to Injured Miner

A miner for the Rivers Edge Mining Co. in Madison, Wisconsin was awarded nearly $1.9 million after he continued working with a broken arm in 2003. George Peters broke his arm while working in an underground mine, and continued to work for four months after his injury. When his doctor said the arm was not healing properly, Peters took two months off to recover. Rivers Edge fired Peters. State law mandates that employers must reinstate employees that have returned from workers' compensation leave. The jury verdict included: $171,697 in back pay; $513,410 in money Peters would have earned; $200,000 for aggravation, inconvenience, humiliation, embarrassment and loss of dignity; and $1 million in punitive damages.

$1.5 Million Settlement for Construction Injury

A construction worker fell off the elevated train tracks on an expressway in New York City. The worker suffered cervical and spinal cord damage and is still recovering after the fall. Attorneys for the injured worker filed suit against various companies responsible for the construction project. A settlement was reached which will pay $1.5 million that the injured employee can use to pay for medical bills and recover from this accident.

$657,000 jury award in forklift accident

David and Debbie Thomas received a $657,000 award from a Virginia jury, as a result of injuries from an accident in a hardware store parking lot. David Thomas, a truck driver, was hurt when a hardware store employee operating a forklift accidentally dropped a bundle of 26-foot-long poles onto Thomas' leg. The Thomases claimed that the forklift operator was not appropriately trained or certified to do so.

$6.4 Million to Family of Electrocuted Construction Worker

The family of Joseph Gilio of New York state has been awarded $6.4 million. The family sued the state of New York after Gilio, 29, was struck by an overhead power line while attempting to guide a steel plate into a trench. Judge Alton Waldon, Jr. found the state of New York to be 100% liable and awarded Gilio's family slightly more than $6.4 million for the state's negligence in not properly supervising Gilio's work project.
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$10.7 Million to Construction Worker for Brain Injury from Ladder Fall

A New York, NY jury granted $10.7 million to Rupert Natoo, a construction worker who claimed that he sustained a brain injury in a 10-foot fall from a ladder. Natoo alleged that the fall caused brain damage that has caused him to require constant supervision and assistance. Natoo claimed that he now has severe attention, concentration, cognitive function and memory problems. The jury found awarded $10,778,184 to Natoo, plus an additional $300,000 to his wife.

$600k for Worker Exposed to Poisonous Gas on Oil Ship

Douglas O'Neill, 25, was awarded $600k by a U.S. District judge in Galveston, TX. O'Neill, a ship worker, was exposed to high levels of hydrogen sulfide while performing tank-gauging tests. O'Neill claimed that the hydrogen sulfide damaged his brain, lungs, heart and eyesight, and that his employer failed to provide safety equipment, training, and supervision of staff. The judge awarded O'Neill gross damages of $800,000, which was reduced $200,000 for his own liability in the accident.
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$1.1 Million for Injured Railroad Worker

A railroad carman for CSX Railroad in Grand Rapids, MI was awarded $1.1 million by a U.S. District Court jury for civil damages against the railroad. Reginald Booker, 55, had been employed by CSX Railroad for 24 years when he was nearly crushed underneath a rail car in 2003. The accident left him with severe injuries to his back and pelvis, requiring him to walk with a can, and he can no longer work. Booker claimed in his lawsuit that he had planned to retire from the company. The jury awarded booker $1.4 million but reduced the amount by 25 percent for Booker's "contributory negligence" in the accident.
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Family of Farmhand Gets $4.2 Million for Deadly Silo Incident

A jury in Columbia County, NY has awarded $4.2 million to the family of a farmhand who was killed from inhaling poisonous gas caused by decomposing grain while shoveling silage into a 60-foot corn silo. The silo had no ventilation system. Peter Stickler, 35, was overcome by gas fumes in 1998 while working on a dairy farm operated by the Fred Barringer family and owned by James and Nancy Fuller. The jury found both parties to be responsible for the incident.

More than $300K to Injured Railroad Worker

A railroad worker who filed a work injury claim in 2001 and was accused by his company of filing a dishonest report and was subsequently fired has been awarded $300,000 by a jury in Billings, MT. George Treperinas of Havre, MT sued BNSF after they accused him of making false statements about a neck injury suffered on the job. Treperinas was out of work for more than two years and underwent therapy and surgery on his neck. In addition to the monetary award, the jury ordered the company to send a letter of apology addressing the mistreatment, misjudgment, and attacks on Treperinas' character in the letter.
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$2.9 million award in construction injury

A Massachusetts man received a $2.9 million award from a civil jury, after he was hurt in an accident while in the first hour of a new job. Chad Dunham fell through a clock tower's unsecured steel trap door and shattered his elbow. The award will go towards future pain and suffering, future expenses, and lost earnings.

$2 million jury award in construction accident

A Philadelphia jury awarded $2 million to a man who was hurt when a load of wet concrete was accidentally poured on top of him. George LePera was working on a local construction site when the accident occurred, badly injuring his neck. While he is still able to act as a supervisor, LePera can no longer perform any physical labor.
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$4.2 million award in forklift death

A Maine woman received a $4.2 million jury award after her husband was killed in a forklift accident. Claire Brown argued that her husband died after the forklift's manufacturer failed to notify him of a design flaw. Thomas Brown died after getting caught between the forklift's console and a horizontal shelf.

$1.7 million award for machinist injury

Lynette Williams, a Chicago area machinist, received a $1.7 million award in a personal injury lawsuit filed against Bodine Electric Co. Williams was injured on the job when a drill press slipped and caught her by the shirt sleeve, twisting and injuring her arm.

$1.4 million verdict award in construction accident

Gerri Crocker received a $1.4 million jury award after her husband was killed in a construction accident. David Crocker was killed when he was run over by a truck delivering a crane to a construction site. Gerri Crocker sued Ed Emmons Steel Erectors. David Crocker had been working on construction of a hotel.

$1.8 million settlement in training injury case

A Memphis Fire Department recruit received a $1.8 million settlement after he collapsed as a result of rigorous firefighter training exercises. James Coleman suffered permanent brain injury following a grueling series of exercises that included carrying fire hose up and down flights of stairs, running a mile with a 40-pound pack, and chopping blocks of wood. The city of Memphis admitted no wrongdoing, and settled the suit to avoid the additional expense of litigation.
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$7.8 million verdict in job injury case

James T. Drum received a $7.8 million jury award after he was injured on the job. Drum was standing on a wooden palette attached to a forklift when a piece of pipe began to fall. Drum attempted to catch the pipe section, but the weight pulled him from the palette. He fell on his head and was paralyzed from the waist down. The jury determined that Shaull Equipment and Supply Co. was primarily responsible for the unsafe working conditions that led to the accident.

$887,000 award for construction accident

Fred Clark received an award of $887,000 after he was injured when a concrete truck ran into the form that he and a co-worker were standing on, causing it to collapse. Clark was forced to jump the three feet down with a 30-pound vibrator around his neck. The jump and awkward landing caused Clark to aggravate a pre-existing degenerative back condition. Clark argued that proper precautions were not made on the part of the construction company in order to save time.

$8 million settlement for elevator injury

Thrush Construction and Suburban Elevator settled with electrician Michael Seay for $8 million after he was injured in a fall at work. While working on an elevator, Seay tripped over loose cables on the ground and fell down the shaft, landing on several large elevator springs and cinder blocks. He sustained spinal cord injuries and slight brain damage, affecting his nervous system and causing complications that will likely affect him for the rest of his life.

$352,807 awarded for woodworking injury

A Connecticut jury awarded Mark Lingenheld $352,807.97 for injuries sustained when he was struck by a piece of wood shot out of a table shaper machine.  Lingenheld was standing 19 feet from the machine, and the piece of wood struck him at about 150 mph, causing multiple fractures to his hand and requiring repeated surgery.
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