Notable Results

Medical Malpractice Cases

$200,000.00 Settlement - Medication Error - Recovery for estate of elderly woman: Incorrect, unclear prescription for Lantus (injectionable insulin for diabetes) prescribed to -80+ year old woman died from overdose of injectable insulin due to unclear prescription and neglgence of pharmacist

$350,000.00 Settlement - Cardilolgy/Radiology: at Pre Trial hearing in Montgomery County for 57 year old obese man with limited economic earnings history who died following cardiac catheterization due to undiagnosed pseudoanueyrism which became infected. The allegations involved surgical technique, post procedure montoring and radiological malpractice

$100,000.00 Settlement - Nursing Home Malpractice: for wife and Estate of 91 year old Montgomery County resident, admitted to a nursing home for a fracture following a fall. He developed a heel pressure sore, necessitating surgery, prolonged urinary catheterization and he ultimately died of urosepsis.

Millions recovered - Birth Trauma: as the result of an Erb’s Palsy injury during delivery at a Montgomery County hospital.

$600,000 Settlement - Neonatal Death: recovery for a newborn that died due to improper saturation and oxygenation monitoring.

Settlement in excess of a $ .5 M - Failure to Diagnose Breast Cancer: for the estate of a 61 year old against a Montgomery County hospital due to misread of a mammogram.

Recovery far in excess of a $ .5 M - Hodgkin’s Disease: against a Montgomery County hospital physician for failure to diagnose.

Substantial confidential settlement - Lung Cancer: for an unemployed 60 year old home maker against a Chester County physician for undiagnosed lung cancer and altered records.

Substantial recovery - Surgical Error: for abdominal scarring and multiple surgical repairs caused by an undetected broken needle in the surgical site against a Montgomery County hospital.

Substantial recovery - Plastic Surgery Error: for misuse of laser and failure to completely remove basal cell carcinoma resulting in nasal deformity against a Montgomery County plastic surgeon.

Verdict in excess of 1,000,000.00 - Medication Overdose: for blood thinner (Coumadin) causing a prolonged debilitation and ultimate death of a 70 year old woman.

$400,000.00 Settlement - Psychiatric Malpractice: for failure to recognize suicide risk.

6 figure Settlement - Improper Adjustments: for improper chiropractic adjustment due to failure to recognize signs of cervical (neck) myelopathy.

6 figure Settlement- Improper Manipulation: for improper osteopathic manipulation aggravating cervical (neck) condition and causing RSD.

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Motor Vehicle Cases

$115,000.00 Settlement - for pedestrian struck by vehicle at injury to compensate for closed knee injury with a full recovery.

$130,000.00 Settlement - full policy for automobile driver of vehicle who sustained aggravation of severe cervical (neck) degenerative disease necessitating surgery.

$325,000.00 Settlement - for 85+ year old operator of vehicle struck by a trash truck who sustained multiple life threatening injuries but survived without permanent consequences.

$315,000.00 Recovery - of multiple policy limits , for estate of 16 year old automobile passenger who died instantly at the scene of the accident.

$120,000.00 - Representing all available insurance coverage for husband and wife, international visitors who sustained upper extremity injuries in an automobile crash from which they recovered. The incident occurred in rural, upstate Pennsylvania when the other driver crossed the lane of a narrow road and struck their vehicle head on. Wife underwent successful wrist surgery for repair of fracture.

$141,000.00 Settlement - for 62 year old driver of a vehicle that sustained aggravated neck and back injury and minor closed head injury

$500,000+ Verdict - a retired man - strains & sprains of the neck and back with radiating symptoms.

$850,000.00 Settlement - driver of vehicle struck by truck - minimal property damage to both vehicles - less invasive back surgery/percutaneous discectomy.

$475,000.00 Arbitration award - driver of vehicle struck in rear - aggravation of prior neck, back and RSD condition.

Over $300,000.00 Settlement - 50 year old man - arthroscopic knee surgery - underinsured motorist claim.

$400,000.00 Settlement - aggravation of prior neck and back problems- minor impact collision - eve of trial.

Settlement for full policy limits in excess of $200,000.00 - knee and back injury -trucker with prior back problems.

$150,000.00 Settlement - school bus driver - two non-displaced finger fractures.

$400,000.00 Settlement - eve of trial - 50 year old driver - minor impact - aggravation of prior neck and back conditions.

$220,000.00 - for estate of 70+ year old driver - knee and aggravation of prior back injury - driver died of unrelated causes.

$1,000,000.00 Settlement - eve of trial - passenger - traumatic brain injury without objective evidence of physical injury.

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Trucking Cases

$100s of thousands - Truck Under-Ride Accident - Violation of safety regulations - Ankle fracture.

Nearly $1,000,000.00 settlement - for full policy limits of liability and underinsured motorist policies - passengers ejected from truck - vertebral spine fracture.

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Motorcycle Cases

$500,000.00+ Arbitration Verdict - Multiple leg fractures when a vehicle struck the motorcycle.

$1,000,000.00+ Motorcyclist struck by a van - knee and ankle surgery - aggravation of back condition.

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Slip & Fall Cases

$200,000.00 + Settlement - Bath Tub Slip - Failure to employ grab bars & non-slip surface in hotel tub. Industry standards did not require. Extensive investigation and discovery revealed that hotel knew of problem, took previous action to correct, and then failed to maintain the corrective actions. Successfully argued that hotel was at fault regardless of standards because they negligently maintained corrections they had undertaken.

$200,000.00 Recovery - for woman that fell on icey side walk in front of a residence while making a sales call and sustained aggravated neck injury and lost wages.

$83,000.00 Settlement - for woman that fell in interior vestibule,on salt from exterior walkways at entrance to Movie Theater sustaining wrist fracture necessitating surgical repair which was successful.

$125,000.00 Settlement - for hospital employee that fell on ice underneath snow sustaining ankle fracture with hardware implantation shortly after a major snow storn in poorly lit and improperly treated loading dock area.

$308,031.72 - Arbitration award and medical payments contribution to customer in self serve convenience store that sustained a partial hand (thumb and index finger) burn, carrying coffee to a condiment island when her foot became stuck on a sticky substance on the floor. Although she recovered from the burn, after a brief period, she developed RSD (Reflex Symapthetic Dystrophy) affecting her fingers.

$500,000.00 + - slip and fall due to liquid leaking from a vending machine -arthroscopic shoulder surgery.

Confidential multiple 6 figure settlement - fall down improperly cleaned stairs at a meat packing plant - knee injury.

Confidential substantial settlement - fall of a 80+ y.o. woman - leaves remaining on outdoor stairway on theater property - closed, non-surgical pelvic fracture.

$200,000.00 Settlement - fall in a grocery store, on liquid - hip fracture of 70+ y.o.

Nearly $300,000 recovered - sign fell onto customer in store - neck, back and knee injuries - no surgery - extensive litigation.

$180,000 Settlement - Fall on ice causing ankle fracture with full recovery

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Construction Cases

$1,000,000.00 + Recovery - 47 year old laborer with a limited work history - closed head traumatic brain injury collapse of improperly shored trench.

$1,000,000.00 Recovery - 50 year old delivery man - wrist fracture & Reflex Sympathetic Dystrophy (RSD) - fall due to misuse of skid.

$1,000,000.00 + Verdict - Electrocution - partial amputation of non-dominant arm.

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Collapse Cases

$100,000.00 + Recovery - Ceiling collapse - Aggravation of prior neck and back conditions.

Substantial confidential settlement - collapse of the shower stall flooring of a rental property - knee and back injuries - unemployed carpet installer.

$100,000.00 + Chair collapse - Aggravation of prior back injury.

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Roadway Design Cases

Maximum car insurance coverage recovered - Passenger in vehicle that struck pole too close to roadway - multiple facial fractures and injuries, loss of eye - contribution from other defendants including the Commonwealth of Pennsylvania, Department of Transportation.

Large recovery in action - against a township for improper road drainage - driver lost control on icy roadway - bruised spine with temporary memory loss.

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Civil Rights Cases

Multiple 6 figure recovery - maximum amount allowed - jailhouse suicide.

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Workers Compensation Cases

Appeal - SECCO v. WCAB(Work) - Appeal to Workers Compensation Appeal Board & the Commonwealth Court - Ruling in favor of worker - worker's pre-injury employer must provide the worker with timely notice of a medical work release before the injured worker is asked to return to work.

Claim petition - Successfully proved worker was infected with HIV virus from blood transfusion received after earth mover roll-over accident.

$110,000.00 Settlement - Review petition - Successfully recovered specific loss benefits for widow of quadriplegic claimant - claimant receiving total disability benefits before death - Successfully argued that claimant died of cause unrelated to his work injury, entitling widow to further benefits

$400,000.00 + Claim Petition - Trucker injured in roadway berm collapse - claim allowed beyond normal 3 year deadline - trucker already collected small sum under OH law - successfully advanced PA claim - complicated jurisdictional issue - claimant living in OH and dispatched out of OH terminal, injured in W. VA.

$400,000.00 + Claim Petition - Successfully proved that dentist suffered work related cervical (neck) herniated disk - proved cause of injury was sustained position maintained while performing dental procedures - claimant suffered sports related cervical herniation with surgery 6 months before alleged work injury - Cost to insurance carrier $400,000.00 + over life of claim - social security disability benefits also secured after hearing.

$275,000.00 Settlement - Wage benefits only - Failed lumbar (low back) surgery - Chronic regional pain syndrome (CRPS) added to description of injury - Carrier remain liable for medical benefits.

$314,500.00 Settlement - Wage & medical benefits - Failed lumbar (low back) surgery - complicated settlement involving cash settlement for wage loss, medical set aside account, additional structured settlement to cover anticipated deductibles and co-pays

$150,000.00 Settlement - Wage & medical benefits - Chronic regional pain syndrome of leg after ankle injury - WC settlement paid after and in addition to $600,000.00 + third party (lawsuit) recovery

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Dog Bites

Nearly Six figure settlement - for gentleman bitten by Rotweiller ,and in attempting escape, twisted his ankle which was surgically repaired resulting in a full recovery

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Bicycle Accidents

$3,750,000.00 recovery - at mediation and 200k Underinsured motorist Benefits --Bicyclist crossing at or near a suburban intersection struck by vehicle turning left and suffering paraplegia, Street light not functioning at intersection. Recovery of $3,750,000 with referral counsel against utility, driver and underinsured motorist carrier.

$100,000.00 Settlement - for full vehicular and underinsured motorist policy limits to Professor at University of Pennsylvania who sustained wrist fracture necessitating surgery and dental injury while riding a bicycle and struck by a vehicle turning on to the highway

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Commercial and Business Litigation

Precision Underground Pipe Services, Inc. v. Penn National Mutual Casualty, 2019 Pa.Super. Unpubl. Lexis 4486, 2019 W.L. 6492951 (December 3, 2019): This declaratory judgment action involved a claim for insurance coverage and defense in connection with a personal injury law suit related to the death of Precision employee. Precision was required to defend and indemnify Verizon and Parkside under its contract. The Superior Court reversed the decision of the Philadelphia Court of Common Pleas rejecting the insurance carrier’s obligation to defend or indemnify Verizon and Parkside. The Court concluded that the allegations of the underlying law suit triggered coverage and a defense and that Penn National had a duty to defend the claims. Of particular significance was the Superior Court’s holding that Penn National was required to defend even though Precision was not a party in the underlying law suit and there were no specific allegations of negligence or wrongdoing against Precision.

Estate of O’Brien, 2016 Pa.Dist.&Cnty. Dec. Lexis 3085 (Montgomery County Orphans’ Court, May 5, 2016): This decision determined the claimant was entitled to damages in connection with a partnership to purchase, develop and sell real estate. The dispute centered on the claimant’s right to recover money that was erroneously paid to the deceased partner. The distribution should have been made in accordance with the capital accounts of the partnership and not on a 50/50 basis, as was done. Based on a review of the tax returns and the testimony of the partnership’s accountant, the Court held that the deceased partner had been overpaid and that the amount of the overpayment should awarded to the claimant from the estate.

Etzler v. Etzler, 2015 Pa.Super. Unpubl. Lexis 4245, 2015 W.L.7253636 (November 17, 2015): This decision upheld an arbitrator’s award in a dispute involving a buy/sell agreement that provided for a shareholder buyout valuation of less than fair market value. The Court held that the plaintiff’s derivative claims were subject to arbitration because they related to the valuation provisions in a shareholder buy/sell agreement, including the determination of the book value of the shares to be purchased. The Court held that plaintiff’s claims of fraud, self-dealing and other financial irregularities related to the determination of the purchase price under the buy/sell agreement, and was therefore, arbitrable.

Torres v. CleanNet, USA, 90 F. Supp.3d 369 (E.D.Pa. 2015): This suit was ordered to arbitration despite allegations of state wage and hour violations and violations of Pennsylvania’s unfair and deceptive practices statutes. The Court also upheld the class action waiver in the arbitration clause and dismissed the class action allegations.

Ocean Spray Cranberries, Inc. v. RD&S, Inc. 936 A.2d 81 (2007): This case reversed a decision by the Court of Common Pleas of Philadelphia County. This case involved a dispute between a contractor and an equipment manufacturer over who was responsible for the damages caused by an ammonia release in a refrigerated warehouse. The ammonia release was caused when a defective fan in a compressor severed an ammonia line. The Superior Court held that the trial court erred in entering summary judgment against RD&S because the agreement between the manufacturer and the contractor did not clearly express an intention by the contractor to indemnify the manufacturer for the manufacturer’s own negligence.

Mulholland v. Kerns, 822 F.Supp. 1161 (E.D.Pa. 1993): This case sought a determination that the defendant was not entitled to any attorney’s fees from settlement proceeds of a personal injury case. The Court held that defendant was entitled to recover in quantum meruit even though the attorney was discharged for cause.

Marques Enterprises v. Secretary US Dept. of Labor, 1993 U.S.Dist. Lexis 9119 (E.D.Pa. June 29, 1993): This case reversed a decision by the United States Department of Labor’s Wage and Hour Appeals Board, ordering the plaintiff contractor, its president and vice-president to be debarred from obtaining federal construction contracts.

Swecker on behalf of BBL Co. v. Rau, 1990 W.L. 33 944 (E.D.Pa. 1990): The Court entered summary judgment in favor of the defendants in this shareholder dispute over the value of the plaintiff’s shares. The Court held that the shareholder agreement provided an unambiguous valuation for the stock, and there was no misrepresentation.

FMC Corp. RW Christy, Inc., 1988, U.S.Dist. Lexis 7307 (E.D.Pa. July 15, 1988): The Court denied plaintiff’s motion to compel the production of a document consisting of 13 handwritten pages prepared after the plaintiff filed the action but before defendant’s officer had a chance to seek counsel’s advice. The court held that there was no waiver of the attorney client privilege and that the documents were intended to seek legal advice. The privilege was not lost because there was no non-legal information in the documents.

FMC Corp. RW Christy, Inc., 1988, U.S.Dist. Lexis 7307 (E.D.Pa. July 15, 1988): The Court denied plaintiff’s motion to compel the production of a document consisting of 13 handwritten pages prepared after the plaintiff filed the action but before defendant’s officer had a chance to seek counsel’s advice. The court held that there was no waiver of the attorney client privilege and that the documents were intended to seek legal advice. The privilege was not lost because there was no non-legal information in the documents.

Rosenberg v. Holy Redeemer Hospital, 351 Pa.Super. 399 (1986): This case established the legal right to a fair hearing by physicians seeking to staff privileges at hospitals in Pennsylvania

Penn Title Insurance Co. v. Intercounty Abstract, Ltd. 1984 Pa.Dist.&Cnty Dec. Lexis 384 (Montgomery County, February 7, 1984): The Court determined that a title abstracter who failed to discover a judgment filed against a seller was liable to the title insurance underwriter. The Court determined that the judgment constituted a lien on the property once it was entered in a temporary index even though it was not yet listed in the county’s permanent index.

Frederick L. v. Thomas, 419 Supp. 960 (E.D.Pa. 1976): This landmark decision held that the School District of Philadelphia violated its obligation to identify learning disabled students and provide them with an appropriate education. The Court ordered the School District to submit a plan to identify learning disabled children and held that the Court’s refusal to abstain pending a state court decision was not an abuse of discretion.

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Other Cases

$100,000.00 Recovery - Eye infection caused by eyebrow waxing.

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