National Jury Verdict Review & Analysis

Publisher:: Jury Verdict Review Publications, Inc.
Publication date:: 2020-11-23

Issue Number

Latest documents

$______ RECOVERY - BREACH OF CONTRACT - CLASS ACTION SETTLES WITH PROMINENT TAX SOFTWARE PROVIDER - LEADING TAX PREPARATION SOFTWARE PROVIDER MAKES FALSE REPRESENTATION OF SERVICE AS FREE.
U.S.D.C. - Northern District of California In this class action suit, a prominent business software company was accused of misleading consumers and violating an agreement with the federal government. The matter was resolved with a settlement.
$______ VERDICT - MEDICAL MALPRACTICE - ORTHOPEDIC PRACTICE NEGLIGENCE - DEFENDANT ORTHOPEDIST PERFORMS SURGERY ON PLAINTIFF'S BADLY BROKEN LEG AND FOLLOWING SURGERY FAILS TO APPRECIATE PLAINTIFF'S COMPLAINTS INDICATIVE OF COMPARTMENT SYNDROME - COMPARTMENT SYNDROME - ONGOING CARE, MEDICATION AND THERAPY - PERMANENT DISABILITY.
U.S.D.C. - District of Minnesota The plaintiff in this medical malpractice action maintained that the defendants negligently discharged him despite the plaintiff’s complaints that are indicative of compartment syndrome a serious condition that requires emergent surgical intervention. As a result, the plaintiff sustained permanent injuries. The defendants maintained the plaintiff was provided proper care in accordance with all standards and any damages sustained were the result of comparative negligence.
$______ GROSS AWARD - MEDICAL MALPRACTICE - PSYCHIATRY - DEFENDANT PSYCHIATRIST PRESCRIBES EXCESSIVE OPIOIDS OVER APPROXIMATE 1 ½-YEAR PERIOD AND COMBINES WITH BENZODIAZEPINES FOR SEVERAL MONTHS DESPITE 'BLACK BOX' WARNING AGAINST COMBINING SUBSTANCES - DEATH OF 30-YEAROLD HUSBAND AND FATHER - DECEDENT FIRST PRESCRIBED OPIOIDS AFTER BEING SHOT IN LEG IN MASS SHOOTING INCIDENT.
Sedgwick County, KS This medical malpractice action involved the death of a 30-year-old decedent who left a wife and a 9-year-old son. The plaintiff contended that the defendant psychiatrist, who was treating the decedent for PTSD following a mass shooting incident in which he suffered gun shot wounds to the leg, negligently prescribed excessive dosages of opioids for approximately one year and then added benzodiazepines, which the decedent took for several months before succumbing from the use. The defendant argued that it was likely that the decedent took his own life by taking an overdose intentionally on the day he died.
$______ RECOVERY - MEDICAL MALPRACTICE - RADIOLOGY - FAILURE TO IDENTIFY PELVIC TUMOR ON CT-SCAN WHEN 34-YEAR-OLD PATIENT VISITS E.R. COMPLAINING OF RADIATING ABDOMINAL PAIN - DEATH SLIGHTLY MORE THAN 2 YEARS LATER FROM AGGRESSIVE CANCER - DECEDENT LEFT HUSBAND AND 6-YEAROLD DAUGHTER.
Essex County, NJ This medical malpractice case involved a then-34- year-old decedent in which the plaintiff contended that the defendant radiologist negligently failed to observe a pelvic tumor on CT-scan when the decedent presented to the E.R. in January 2018 complaining of radiating abdominal pain. The plaintiff also contended that the defendant radiologist negligently made a similar error 3 months later and also negligently failed to observe the tumor when an ultrasound was taken. The plaintiff asserted that when she consulted with the non-party Memorial Sloan Kettering Hospital, the physicians determined that the original CT-scan showed a leiomyosarcoma which spread to the colon and ovaries in the approximate 6-month period since the patient first presented to the emergency room. The decedent underwent surgery and chemotherapy before dying in April, 2020. She left a husband and a daughter, age 6, at the time of death. The defendant would have asserted that in view of the aggressive nature of the tumor, it was doubtful that the delay in diagnosis altered the outcome.
$______ RECOVERY - BOATING NEGLIGENCE - DANGEROUS LOCATION OF BOATING BUOYS NEAR SWIMMING BEACH - NEGLIGENT OPERATION OF BOAT - BOAT/SWIMMER COLLISION - WRONGFUL DEATH AT AGE 57.
(Withheld) County, FL This action arose in March, 2020, when the 57- year-old decedent was struck and killed by a power boat while swimming off a public beach. The defendants in the case included the operator of the boat which struck the decedent as well as a water sports company which operated a beachfront rental company nearby.
$______ VERDICT - DRAM SHOP - DEFENDANT INTOXICATED DRIVER CAUSES HEAD ON COLLISION AFTER CONSUMING ALCOHOL ILLEGALLY OBTAINED FROM DEFENDANT CONVENIENCE STORE - MULTIPLE ORTHOPEDIC INJURIES INCLUDING BILATERAL LEG FRACTURES - MULTIPLE SURGICAL PROCEDURES.
Charleston County, SC The plaintiff in this negligence action sustained multiple orthopedic injuries including fractures to both legs and a broken wrist when his vehicle was struck head-on by the 19-year-old defendant driver who was operating a vehicle under the influence of alcohol. The defendant drivers’ underage friend had purchased the alcohol for himself and the defendant driver which they consumed in the defendant convenience store parking lot. The plaintiff sued both the defendant driver and the defendant convenience store. Both defendants generally denied all allegations of negligence and injury.
$______ VERDICT - MOTOR VEHICLE NEGLIGENCE - MULTIPLE VEHICLE COLLISION - DEFENDANT ATTEMPTS TO MERGE FROM ON RAMP AND STRIKES VEHICLE THAT SPINS INTO PLAINTIFF'S VEHICLE - CERVICAL DISC INJURY - INJECTIONS - DECOMPRESSION AND FUSION SURGERY.
Philadelphia County, PA The plaintiff in this vehicular negligence action maintained that she suffered serious injuries to her neck when her vehicle was struck by a vehicle that spun out of control after it was contacted by the defendant who was attempting to merge with traffic. The defendant generally denied all allegations of negligence and injury.
$______ RECOVERY - PREMISES LIABILITY - FALL DOWN - PLAINTIFF TRIPS AND FALLS ON SIDEWALK DEFECT ABUTTING CO-OP CITY - QUADRICEPS TENDON TEAR - SURGERY - PLAINTIFF DEVELOPS EXCESSIVE BUILD-UP OF FLUID - PLAINTIFF BELIEVES RISKS OF RECOMMENDED ADDITIONAL SURGERY OUTWEIGH POTENTIAL BENEFITS.
Bronx County, NY In this action for premises liability, the 72-yearold plaintiff contended that the defendant property manager of Co-op City negligently failed to notice and repair an approximate 1-inch height differential between sidewalk flags, resulting in the plaintiff tripping and fall, suffering a quadriceps tendon tear. The plaintiff maintained that despite surgery and physical therapy, he will suffer extensive permanent pain and limitations. The defendant maintained that the alleged defect was de minimis and denied that it was negligent.
MEDICAL MALPRACTICE. Neurology. $______ RECOVERY
Medical malpractice - Neurology negligence - Defendants fail to appreciate symptoms of shunt malfunction in plaintiff’s decedent causing intracranial pressure and brain damage - Wrongful death of 44-year-old male. Dauphin County, PA The estate of the decedent brought this medical malpractice action against the defendant doctors and hospital system that treated the decedent for Chiari II malformation. After a shunt revision procedure performed by the defendants, the decedent began to experience symptoms of shunt malfunction which the defendants did not appreciate and address. The shunt was indeed malfunctioning and pressure built up in the decedent’s brain causing brain damage and ultimately death. The defendants denied all allegations of negligence and maintained that the decedent was properly treated in accordance with all standards.
MEDICAL MALPRACTICE. Nursing Home. $______ CONFIDENTIAL RECOVERY
Medical malpractice - Nursing home negligence - Failure to administer medication - Patient suffers stroke due to lack of blood thinner medication over period of 11 days. Withheld County, MA In this medical malpractice matter, the plaintiff patient alleged that the defendant nursing home was negligent in failing to administer medication in a timely manner. The 11-day lapse in administration of the plaintiff’s blood thinners resulted in the plaintiff suffering a stroke. The defendant nursing home denied the allegations and disputed a causal relationship.