• $109 Million
    Largest Verdict in a Personal Injury case
    in Pennsylvania history
    Read More...

  • $100 Million
    Medical Malpractice
    Largest-ever compensatory verdict
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  • $153 Million
    Then-second largest Product
    Liability verdict in U.S. history
    Read More...

  • $38.2 Million
    Delaware County
    Auto Accident Verdict
    Read More...

  • $36.4 Million
    Workplace Injury
    Largest single-victim fatality settlement
    Read More...

  • $51 Million
    Premises Liability/
    Civil Rights verdict
    Read More...

Kline & Specter Personal Injury Blog

Pennsylvania - New Jersey - New York - Nationwide

(For all blog posts prior to April 26th 2012, visit the Kline Specter Blog on Blogspot.)

Botched cancer surgery verdict upheld
May 15, 2013

Botched cancer surgery verdict upheld
 Pennsylvania Superior Court has upheld a medical malpractice verdict in the odd case of a missing ovary and a woman who died of cancer. In a civil lawsuit against a doctor and Geisinger Medical Center, the husband of Sharon Zawatski claimed negligence because her cancer returned following a 2004 surgery to remove the disease. The lawsuit charged that the doctor failed to remove both ovaries, permitting the cancer to return in her left ovary. A Luzerne County jury agreed and awarded almost $2.4 million. But the doctor and hospital appealed the verdict, saying there had been insufficient evidence to support the claim that Mrs. Zawatski’s left ovary had not been removed. According to an article in The Wilkes-Barre Times Leader, the ovary was not found inside Sharon Zawatski’s body during an autopsy. But several physicians and nurses also testified that there was no medical documentation showing the ovary had been removed, and a nurse who assisted in the surgery and kept track of all removed specimens did not have the ovary on her list, either. That evidence was sufficient to support the jury’s verdict, the appellate court said. Get more information about cancer misdiagnosis lawsuits.

Jury awards $11.5M in football concussion case
May 08, 2013

 Awareness has been growing in recent years over the danger of concussions suffered by football players, with lawsuits filed at every level of the game including the highly publicized case being pressed by thousands of former NFL players. In Colorado, a jury recently awarded an $11.5 million verdict in the case of a high school player who suffered brain damage and paralysis on his left side after he was injured at practice. Found liable in the case was helmet manufacturer Riddell, which, according to news reports, is responsible for paying $3.1 million of the jury award. A jury did not find the company’s helmet was defective, but it found Riddell liable for failing to warn players wearing its helmets about the dangers of concussions. The family of the injured player, Rhett Ridolfi, sued Riddell and the team coaches after the player suffered a concussion at practice and was not immediately taken to a hospital for treatment. News reports of the case said three parties to the lawsuit reached confidential settlements before the verdict was announced. Learn more about sports injury lawsuits.

Huge verdict in school bus death case
May 01, 2013

 A case of breaking the rules resulted in a huge verdict in a Maryland courtroom recently. It involved the death of a teenager who was struck by a car as she crossed the street to get to her school bus in the early days of the school year in September 2009. In a wrongful death lawsuit, her family blamed the school district for failing to provide required safe transportation, specifically for violating a school policy that students be picked up on the side of the street on which they live. Ashley Davis, 13, was forced to cross the road to get to her bus when she was struck along with another teenager. A six-member jury in Prince George County handed down a $90 million verdict in the case. The family’s attorney told The Washington Post after the verdict: “The jury was upset that [the school board’s] policy was not followed for a full week and a little girl in her first year of high school ended up suffering the consequences.” Read more about school bus accident lawsuits.

73,000 Drop-Side Cribs recalled Due to Entrapment and Suffocation Hazards
Apr 28, 2013

Among the latest product recalls announced by the U.S. Consumer Product Safety Commission (CPSC) are the following products:

  • PT Domusindo Perdana Recalls 73,000 Drop-Side Cribs Due to Entrapment and Suffocation Hazards 
  • Bell Sports Recalls 2,500 BMX Bike Helmets Due to Risk of Head Injury 
  • WRSI Recalls Kayaking and Rafting Helmets Due to Head Injury Hazard 2,000
  • BabyHome USA Recalls 1,100 High Chairs Due to Strangulation Hazard 
  • 3M Recalls 10,000 Filtrete Room Air Purifiers Due to Fire Hazard 
  • Bugaboo Recalls 9,200 Cameleon3 Strollers Due to Fall Hazard 
  • Definitive Technology Recalls 900 SuperCube 2000 Subwoofers Due to Risk of Shock
  • iCandy World Recalls 830 Cherry Strollers Due to Strangulation Hazard

Click here to find an attorney to handle a Product Liability lawsuit or a Dangerous Toy lawsuit in Philadelphia, Pennsylvania, New Jersey and nationwide.

 

Study: Wrong diagnoses cause many injuries, deaths
Apr 25, 2013

 Between 80,000 and 160,000 patients suffer preventable injury or death because of a medical misdiagnoses each year in the United States. That was the conclusion of an extensive study by researchers from Johns Hopkins Medical Center which found that mistakes made in diagnoses – including missed, wrong or delayed diagnoses – happened more often and with worse consequences than all other medical errors. The study analyzed 25 years of payouts made in medical malpractice lawsuits. The researchers looked at a total of 350,706 paid claims and found that diagnostic errors were to blame in 28.6 percent of the cases and accounted for 35.2 percent of total payments to injured patients. Even worse, the study concluded that the rate of death or disability was nearly double in patients harmed by diagnostic errors – such as cases of missed strokes or cancer -- as opposed to mistakes made in other categories such as treatment errors (27 percent of cases), surgical mishaps (24 percent), obstetrical mistakes (7 percent), medication errors (5 percent) and anesthesia disasters (3 percent). Learn more about medical malpractice lawsuits.

Medical board fails to discipline doctors who err
Apr 17, 2013

A review recently found that the Wisconsin Medical Board failed to severely discipline doctors who committed egregious errors, many in which patients suffered serious injuries or even death. The report by the State Journal reviewed 218 cases that led to board discipline from 2010 to 2012 and found that in more than half the cases doctors received only a reprimand – likened in many cases to a “slap on the wrist” -- and that in dozens of cases there was no disciplinary action taken at all. That included a case highlighted by the publication in which a patient suffocated and died after being administered at least 100 times too much epinephrine. In that case, the doctor was reprimanded and fined $1,200. Leaders on the medical board were quoted as defending their decisions, saying they preferred to try to rehabilitate doctors rather than punish them for mistakes. They also said limited money and authority sometimes prevented the board from taking more severe disciplinary steps. More about medical malpractice

Haier America Expands Recall of Chest Freezers Due to Fire Hazard
Apr 13, 2013

Among the latest product recalls announced by the U.S. Consumer Product Safety Commission (CPSC) are the following products:

 

  • Haier America Expands Recall of Chest Freezers Due to Fire Hazard (41,000)
  • Baby Socks Recalled by Trumpette Due to Choking Hazard (33,000 pairs)
  • Battenfeld Technologies Recalls Three-Digit Combination Locking Handgun Vaults Due to Lock Malfunction (3,900)

  • Home Depot Recalls CE Tech Riser Cable Due to Fire Hazard (11,300)
  • Manchester Tank & Equipment Company Recalls Propane Cylinders Due to Fire Hazard (7,500)

  • Dynacraft Recalls Urban Shredder Ride-On Toys Due to Fall Hazard (8,900)
  • Remote-Controlled Helicopters Recalled by Midwest Trading Group Due to Fire and Burn Hazards (9,400)

Click here to find an attorney to handle a Product Liability lawsuit or a Dangerous Toy lawsuit in Philadelphia, Pennsylvania, New Jersey and nationwide.

Bar found liable in drunk driver crash
Apr 10, 2013

A woman who lost her leg and suffered other injuries when her car was struck by a drunk driver has won a $2.7 million jury verdict – against a bar at which the drunk driver was a customer. The accident occurred in 2011 in Medina County, Texas, when the intoxicated patron drove the wrong way down Interstate 35 after leaving the Southside Bar & Grill. A lawyer for the injured woman said the verdict “sent a message that overserving intoxicated patrons is a serious problem that bars will be held accountable for,” according to a news report of the case. Besides having her right leg amputated, Kelley Bitler, of San Anotnio, suffered fractures to her pelvis and left leg, foot and arm. Operators of the Southside Bar & Grill were accused of gross negligence for overserving the 29-year-old patron whose blood alcohol level was .34, more than four times the legal limit for driving. The drunk driver was killed in the crash, which occurred just 400 yards from the bar. Learn more about drunk driving lawsuits.

Cardiac arrest after surgery results in brain damage
Apr 03, 2013

The toddler was checked into a Chicago hospital in December 2011 for relatively routine surgery to repair an undescended testicle. But the child suffered cardiac arrest after the operation and it took five minutes for medical personnel to respond. It was too long and too late. The child suffered brain damage due to oxygen deprivation. Recently the Cook County Board approved a $20 million settlement for the child’s family, which had sued John H. Stroger Jr. Hospital of Cook County. News reports quoted hospital officials as saying steps were being taken to prevent a repeat of the medical error and that disciplinary actions were taken against a number of the individuals involved. Get more information about medical mistakes and medical malpractice lawsuits.

Toyota settles class-action suit for $1.1 billion
Mar 27, 2013

On top of federal fines totaling more than $66 million over of unintended acceleration in its vehicles, Toyota Motors has also agreed to pay $1.1 billion to settle a class-action suit by car owners who claimed economic loss because of the gas pedal problem. The Japanese carmaker also agreed to install a brake-override system in cars where acceleration pedals got stuck in floor mats, according to news reports of the settlement. And Toyota will set up a $250 million fund to be paid to former Toyota owners who sold their autos at reduced values because of their bad publicity over the vehicles. It is estimated that roughly 16 million current owners will be eligible for a warranty plan over the next three to 10 years being provided by Toyota on parts linked to unintended acceleration. What the settlement does not cover is possible product liability or personal injury lawsuits. Learn more about product liability lawsuits

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