$12,000,000 Virginia Slip and Fall Verdict
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$19 Million Verdict in Birth Injury Case
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Posted on Mar 20, 2008
A boy from Freehold, New Jersey who was disabled from birth has been awarded over $19 million by a Monmouth County, New Jersey jury in a medical malpractice suit, according to the boy’s attorney, Brian Drazin.
Drazin said the money will allow Bonnie Kowalski, his 10-year-old client Brandon’s mother, to pay for his care for the remainder of his life, equip their home to accommodate his disabilities, and purchase a wheelchair-accessible van to transport him. Drazin said that, being completely disabled, Brandon is completely reliant on others to care for him.
After a trial which began on February 11, the jury deliberated for two days before finding that Arvind Palav, an obstetrician, was negligent and awarded $19.25 to the boy on Monday, March 17.
Drazin said that during her pregnancy, Palav misdiagnosed Kowalski after she contacted him on September 11, 1997, complaining of pain in her abdomen. He delayed in determining she was hemorrhaging and lost a great deal of blood, according to Drazin.
Palav also failed to perform the necessary tests on Kowalski and didn’t recognize that the unborn child could be in “fetal distress” and ignored the warnings of a nurse who discovered the problem, according to Drazin.
Drazin said that Brandon, who was delivered by C-section, had to be resuscitated and was in intensive care for four months. He now suffers from severe brain damage and cerebral palsy and is also legally blind.
Over 10 defendants were named in the original complaint, which included Riverview Medical Center in Red Bank, New Jersey and the chairmen of the obstetrics/gynecology and general surgery departments of the hospital. According to Drazin, some were dismissed quickly after he found that they had no part in the delays.
Once deliberations began, Judge Louis Locascio narrowed the issues to that Palav and a surgeon who performed exploratory surgery on Kowalski were the only defendants remaining in the case.
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Virginia Supreme Court Affirms Verdict for Doctor
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Posted on May 08, 2009
In this wrongful death action, the question was whether the circuit court erred in denying a jury instruction proffered by the plaintiff. Because the instruction was not a correct statement of the law, as it removes a question of fact from the jury, the Supreme Court of Virginia concluded that the circuit court did not err in refusing to give the instruction.
NANCY WHITE SMITH v. BYUNGKI KIM, M.D., ET AL.
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$18 Million Verdict for Wrongful Death Caused by Fentanyl Transdermal Patch
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An Illinois Appellate Court has upheld an $18 million verdict against Janssen Pharmaceuticals for the wrongful death of a woman, Janice DiCosolo who died after using the company’s Duragesic prescription transdermal patch.The defective pain patch was designed to release 1.7 ng/mL of the powerful narcotic painkiller fentanyl, which is a powerful opiate-based analgesic 60 to 80 times stronger than morphine. DiCosolo, who died of cardiac arrest, was found to have 28.2 ng/mL of fentanyl in her system at the time of her death.
The level of fentanyl was so high that the coroner at first concluded that the woman had committed suicide, but the day after the DiCosolo’s death, Janssen Pharmaceuticals announced an “Urgent Class I Drug Recall” of the same lot of the drug that included DiCosolo’s patch. The recall notice indicated that a small number of the patches might leak medication along one side of the patch causing increased exposure to fentanyl.
The drug company appealed the $18 million jury verdict claiming insufficient evidence had been presented to conclude that the defective pain patch malfunctioned to permit the jury to infer a “non-specific defect” caused her death. The pharmaceutical company argued that DiCosolo’s family had to explain the exact mechanics of the failure of the defective pain patch. The drug company’s position was that failing to require such a showing was akin to allowing the defect in a product liability case be proven simply by the fact that a person was injured.
The court rejected this position and found that sufficient circumstantial evidence was presented to support a finding that the transdermal pain patch was defective. The court specifically relied on evidence that the fentanyl transdermal pain patch was the only source of the fentanyl that was being used by DiCosolo and that the coroner had ruled that she died from an overdose of fentanyl. Other evidence that the patch was defective included the fact that the patch was part of a lot that was recalled for exactly the risk that killed DiCosolo – the delivery of an unsafe dose of fentanyl. The court pointed out that while the mere fact that DiCosolo died did not prove a defect, that is not the same thing as saying the patch delivered an excessive amount of fentanyl, which caused her death.
While pain patches can provide relief to those with severe pain, there is a serious risk of overdose from the drug being released into the body at too rapid a rate. The FDA has been aware of the potential problems associated with defective transdermal pain patches dating back to 1995 when it began issuing recalls of transdermal patches and new product labeling requirements. Potentially fatal overdoses can occur when a transdermal patch administers fentanyl too rapidly because the patch is defective, which may include being cut or otherwise defective so that the powerful narcotic painkiller leaks causing the drug to be absorbed into the bloodstream at an unsafe rate. Fentanyl transdermal patches may cause respiratory depression, respiratory arrest and even death.
Montlick and Associates represents those throughout Georgia who suffer injury or wrongful death caused by defective products, and we will review potential claims involving defective transdermal pain patches. Our Georgia Fentanyl transdermal patch lawyers are available to assist clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Virginia's largest wrongful death verdict reduced after Facebook photos erased
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A Virginia judge has greatly reduced one of the largest wrongful death verdicts ever in this state after it was disclosed that a plaintiff's Facebook postings had been deleted and that a judge had been lied to about the postings.
This case underscores valuable lessons for claimants:
(1) never hide stuff from your lawyer
(2) always, always tell the truth
(3) stop posting silly stuff about yourself on Facebook
(4) never exagerate your claim
Its all here in this opinon where the Virginia Judge Takes Millions of Wrongful Death Verdict After Facebook deletions are disclosed.
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Motorcycle accident lawyer receives Michigan jury verdict
Our Michigan motorcycle accident lawyer received a significant jury verdict in a motorcycle accident insurance study. The complaint was filed injured in a motorcycle accident insurance against four bikers of Grange. The insurance company had refused to pay, essential Michigan No. fault insurance benefits to motorcyclists and their passengers, 20 September 2008 resulting from an accident.
Sprains, road rash, contain the injuries on the motorcyclists to broken bones, the surgery. The operations of different Arthroscopic operations to open reduction of internal fixation surgery with screws and plates. The worst injured motorcyclists has been out of work for about 10 months, and when they work again in her position was occupied and was demoted.
The insurance company agreed to the amount of medical expenses, attendant care, services, services: household and wages of accident victims due to a suffered the incident. However denied the insurance, that it was responsible for the payment of such services on the basis of his claim that there was no involvement with their insured vehicle (S) at the time of the accident. "Engagement" requires no contact, but contact with motor vehicles is then the motorcyclists were strict right to Michigan. It was reliably established that there was direct contact with the bumper of the suburbs. Interestingly enough the owner the suburbs property claim for damages for the damage to the suburbs to the East motorcycle insurance company placed and paid.
The case was tried before a jury in Monroe County Circuit Court for two days. The jury determined that the insurance company must pay $50,000 in penalty interest to deny incorrectly for the claims. Based on this provision and other factors the Michigan No. fault insurance laws, can the Court awarded substantial legal costs against the insurance company and for the injured motorcyclists. A movement for legal fees for the purpose of determining the amounts of these fees will be filed shortly with the Court.
Motorcycle accident lawyer and writer Daniel L. Buckfire on your rights in respect of a Michigan to talk to drunk driving action, please call in him no obligation consultation at (800) 606-1717 .
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Fairfax circuit court judge reverses jury verdict in autumn in open pit
Posted on 23 Mar 2011
On Tuesday set aside March 22 Fairfax County Circuit Court judge a jury verdict, which had distinguished in favor of a woman, in an open man hole cover had fallen. Mrs Elizabeth Badawy was sued classic drainage, a local sewer repair company, after the company allegedly removed a man coverage hole and then left it unmarked and unattended. Classic drainage in the process claimed that it did nothing wrong and that in any case Badawy "contributorily negligent" was for the open man-hole you will find below.
Badawy, who at the time was walking her dog, suffered a broken arm, a broken ankle and other injuries.
The jury heard the evidence during a trial, and a half lasted a day. The jury returned a verdict in favor of the Badawy amounting to $75,000.
Circuit Court of judge Marcus Williams granted a defense motion to overturn the jury verdict on the basis that Virginia's contributory negligence somewhat recovered denied right Badawy, because she had missed it, you will find an "open and obvious" condition under.
The case is on the Virginia Supreme Court appeal.
Badawy represented Benjamin glass. Steve Bancroft represented classic drainage.
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