Case Results

Case Results

    $8,000,000

    Settlement for Failure to Diagnose Serious Brain Ailment


    Our attorneys obtained an $8 million settlement for a 46-year-old woman who was diagnosed with a suspected brain arteriovenous malformation – AVM – which is a tangle of abnormal and poorly formed blood vessels in the brain that increase the rate of bleeding. The woman’s primary physician referred to a neurosurgeon, who failed to properly identify the AVM after delaying a crucial study. Our attorneys argued that the delay in diagnosis resulted in her AVM rupturing. She suffered permanent catastrophic injuries including locked-in syndrome, a condition in which she is awake and alert, but completely paralyzed. Fortunately, the woman eventually regained limited muscle function; however, after extensive rehabilitation, she requires round-the-clock care from her husband and hired caregivers. The settlement will allow her to remain at home and have the best medical care available.

    $6,500,000

    $6.5 Million Settlement for Victim of Medical Malpractice


    $6.5 million Central Pennsylvania settlement for 21-year-old who suffered a stroke due to aplastic anemia as a child. In 2007, our client suffered a brain bleed which required urgent brain surgery and additional treatment due to the swelling and injury to his brain tissue. Unfortunately, he suffered permanent left-sided weakness, visual issues, and other catastrophic injuries from which he will suffer for his entire life. This extremely complex medical negligence case involved two major medical centers and a nwnber ofphysicians. Our medical malpractice team at Shrager, Spivey and Sachs assembled world class experts from around the country, including Ivy League hospitals, and ultimately convinced lawyers for the settling parties that this case presented extraordinary damages. The case was pending in Berks County and, to our knowledge, it is one ofthe largest medical malpractice settlements ever in Berks County.

    $5,440,000

    $5.44 Million Pre-Suit Settlement for Passenger Paralyzed by Fracking Water Tank Truck


    Our attorney negotiated a $5.44 million settlement for a man paralyzed from the chest down following an accident with a water tank truck. The man was a passenger in a vehicle hit by an overweight water tank truck used to deliver water essential to the hydraulic fracking used in natural gas extraction. During a mediation held just eight months after the wreck, Our attorney, serving as co-counsel, negotiated a substantial settlement that will provide for the man's needs for the rest of his life.

    $4,000,000

    $4 Million Settlement for Birth Injury


    Our attorney led the legal team representing a girl who was severely injured during labor and delivery. A series of mistakes led to a gestation period more than a week longer than is appropriate. Despite the delay and complaints from her mother that her water had broken, doctors left her to labor for hours without emergency care or appropriate monitoring. Unfortunately, a badycardia – a severe reduction of the baby’s heart rate – occurred, and the baby went without oxygen for more than 20 minutes. The girl – now 17-years-old – suffers from cerebral palsy and mental retardation and requires constant care. Her family can now purchase a home to accommodate her disabilities and establish a special needs trust for her future care.

    $4,000,000

    Settlement for Birth Injury


    Our attorney led the legal team representing a girl who was severely injured during labor and delivery. A series of mistakes led to a gestation period more than a week longer than is appropriate. Despite the delay and complaints from her mother that her water had broken, doctors left her to labor for hours without emergency care or appropriate monitoring. Unfortunately, a badycardia – a severe reduction of the baby’s heart rate – occurred, and the baby went without oxygen for more than 20 minutes. The girl – now 17-years-old – suffers from cerebral palsy and mental retardation and requires constant care. Her family can now purchase a home to accommodate her disabilities and establish a special needs trust for her future care.

    $3,200,000

    Settlement for Truck Driver


    Our attorney negotiated a $3.2 million settlement for a truck driver who was injured when he was hit with 1,300 pounds of cargo that fell from his flatbed trailer. In the course of delivering 18 rolls of landfill liner to a landfill, a landfill forklift operator began to unload one of the 1,300 pound rolls. The forklift operator acknowledged that he did not have a spotter at the time, and he also acknowledged that he “attacked” the top roll to force the prongs of the fork under that roll. Unfortunately, the forklift driver was not able to lift the top roll, and it fell from the top of the trailer onto the truck driver’s head. The force of the roll dislocated and fractured his spine and fractured his pelvis in three different places. He required complex orthopedic and neurosurgical procedures to place screws and rods in his spine. He is now disabled and cannot drive work. He has constant pain and is only able to walk short distances. Our attorney negotiated a settlement that included a lump sum cash payment and the purchase of a structured settlement annuity, which will pay the client a total of $6,000 each month for the rest of his life.

    $2,900,000

    $2.9 Million settlement for Below-the-Knee Traumatic Amputation Caused by Defective Asphalt Paver


    Our attorney settled a $2.9 million product liability case against LeeBoy, Inc., a manufacturer of an asphalt paving machine. His client owned a small commercial paving company in New Jersey. He lost his leg when the control lever on the LeeBoy paver he was using was inadvertently knocked out of neutral, causing the paver to back up and crush his leg against the concrete curb. Although earlier models of the paver had a "neutral lock," which would have prevented the unanticipated movement of the paver, the paver sold to our client's company had a new control device that omitted the vital "neutral lock" - despite the fact that the operators' manual continued to depict the "neutral lock" safety mechanism. Although the injury occurred in New Jersey, the case was fully litigated in Philadelphia County because the company that sold the paver was a Pennsylvania corporation. The case settled after nearly 12 hours of mediation during two different sessions with both a private mediator and a court-appointed pro tem mediator.

    $2,290,000

    Verdict for Infant’s Brachial Plexus Injury


    Our attorneys obtained a jury verdict of $2,289,856 for an infant and his family. During the course of his delivery, the baby developed shoulder dystocia – a condition in which the baby’s shoulder becomes lodged against the mother’s pelvis after the head has already been delivered. Our attorneys argued that the injury occurred because the doctor used improper techniques and excessive traction to dislodge the shoulder, causing several major nerves in the brachial plexus to be torn from the baby’s spinal cord. Our attorneys were able to show the jury that the baby had been turned 180 degrees after the shoulder impacted but before any of the standard maneuvers had been performed. We argued that the tearing of the baby’s spinal cord nerves occurred during the course of the turn and was the result of excessive traction applied to the baby’s head. The jury returned an award of nearly $2.3 million dollars for the baby, who has severe and permanent movement limitations in his right hand and arm.

    $2,100,000

    Settlement for Fatal Tractor Trailer Accident


    Our attorneys obtained a $2.1 million settlement for the family of a husband and wife killed in a tractor trailer accident. The couple were talented artists returning from a craft show. The hazardous driving conditions at the time included fog, drizzle and a vehicle fire on the side of the road. As the couple approached the “white out” caused by the vehicle fire, they could not see the truck that had stopped ahead of them. Rather than using his brake pedal – which would have lit his brake lights – or his safety flashers, the driver used only his engine brake. Meanwhile, the tractor trailer behind the couple failed to slow from his full highway speed. It was impossible to know whether the couple hit the truck in front of them first or not; however, there was no doubt that when their van was hit from behind, the resulting “overrun” impact was fatal. Most tragically, the wife was found to be four months pregnant at the time of the accident. Our attorneys used indisputable evidence from the scene of the accident to negotiate a $2.1 million settlement for the couple’s estates.

    $1,450,000

    $1.45 Million Settlement for Neurosurgical Malpractice


    Our client had back surgery performed at a northeast Pennsylvania hospital and following the surgery he developed all of the classic signs of ongoing pressure on the spinal cord, known as "cauda equina" syndrome. Despite the fact that every other consulting physician involved in our client's care suggested the possibility of cauda equina syndrome, the attending neurosurgeon insisted that our client was experiencing normal post-operative pain. He was discharged from the hospital without any diagnosis. He was returned less than 24 hours later and his condition continued to deteriorate. His neurosurgeon refused to have him admitted to his medical service and he was admitted to a different doctor's service. His neurosurgeon did perform a "consultation" and again repeated his opinion that it was normal post-operative pain. When our client was finally sent to a habituation facility, the physician there evaluated him and immediately concluded that he needed to be transferred to Thomas Jefferson University Hospital in Philadelphia for treatment of presumed cauda equina syndrome. Despite his transfer to Philadelphia and surgery, he was left with permanent and embarrassing inability to control his bowl and bladder. Shrager, Spivey and Sachs retained multiple expert physicians, including a neurosurgeon and worked closely with his team of treating physicians from Thomas Jefferson University Hospital to prepare this case for trial. This case settled after two different attempts at non-binding mediation before a retired Judge.

    $1,000,000

    $1 Million Settlement for Pedestrian Injured in Truck Accident


    Our attorneys obtained a $1 million settlement for a pedestrian injured by a cement truck. When an out-of-control cement truck skidded off the road, over the curb and into a heavy, decorative street light, the street light fell on the pedestrian, knocking him unconscious. The driver claimed a “phantom vehicle” had pulled into her lane and forced her to “lock up” her truck. Photos of 145-foot skid marks showed the path of the truck as it veered directly toward the sidewalk. The pedestrian was an avid musician and skilled high school athlete who was looking forward to applying to college in the fall. The accident left him with multiple skull fractures, profound and permanent hearing loss and a traumatic brain injury.

    $1,000,000

    Settlement for Pedestrian Injured in Truck Accident


    Our attorneys obtained a $1 million settlement for a pedestrian injured by a cement truck. When an out-of-control cement truck skidded off the road, over the curb and into a heavy, decorative street light, the street light fell on the pedestrian, knocking him unconscious. The driver claimed a “phantom vehicle” had pulled into her lane and forced her to “lock up” her truck. Photos of 145-foot skid marks showed the path of the truck as it veered directly toward the sidewalk. The pedestrian was an avid musician and skilled high school athlete who was looking forward to applying to college in the fall. The accident left him with multiple skull fractures, profound and permanent hearing loss and a traumatic brain injury.

    $1,000,000

    Settlement for Birth Injury


    Our attorneys negotiated a $1 million settlement for a girl injured when her shoulder was stuck in the birth canal during delivery. Her mother had experienced birth complications with her other children, but her doctor failed to appropriately treat the mother and deliver the child without injury. Fortunately, the girl – now four-years-old – is otherwise healthy and happy, and the settlement will enable her mother to provide her with the best medical care available for her disability.

    $900,000

    Settlement for complex regional pain syndrome from Spinal Accessory Nerve injury during lymph node biopsy.


    Our attorneys obtained a $900,000.00 settlement for a former emergency room nurse who was permanently injured during a spinal accessory nerve biopsy at a central Pennsylvania hospital. The surgeon insisted that his biopsy did not and could not have injured the nerve because the nerve was “deep” to the lymph node and he would never have come into contact with the nerve. Despite this contention, our client’s symptoms began immediately and she has permanent loss of function in her entire arm. As an added result of this injury, she has developed complex regional pain syndrome with ongoing pain and an inability to use her arm. As a result of these injuries, our client is entirely unable to meet the physical demands of her prior career as an emergency room nurse.

    $900,000

    Settlement for Two-Year-Old's Death


    Our attorney represented the parents of a two-year-old girl who passed away following admission to the hospital to treat gastritis. Her death was the result of a seizure that stemmed from improper fluid management. Though the hospital and physicians vigorously defended the case, using experts who claimed she died of a massive and untreatable infection, our attorney was able to demonstrate that the child's symptoms as relayed by her parents were not recognized. Tragically, the overnight nurse's notes were not contemporaneously recorded but were entered into the hospital's computer system the following day. The girl's parents were grateful that the court recognized that they had alerted hopsital staff of their daughter's deteriorating condition throughout the night.

    $750,000

    $750,000 Settlement for Spinal Injury During Epidural Injection


    Our attorney successfully negotiated a $750,000 settlemnt for an 86-year-old man who was paralyzed following the removal of an epidural catheter. Following colon surgery, an epidural catheter was inserted into his back to administer pain medication. After a nurse removed the catheter, he began to lose sensation in his legs. Despite clear indications that something had gone wrong, no treatment was initiated until the next morning. Our attorney argued that the failure to recongize and treat the hematoma - blood clot - that was pressing on the patient's spinal cord was a clear violation of proper medical care that led to the permanent loss of function. He lost sensation below the waist, which remained until he passed away within the year.

    $650,000

    $650,000 Settlement for Failure to Diagnose Pneumonia


    Our attorneys negotiated a $650,000 settlement for the family of a woman who died from pneumonia complications. An emergency room X-ray revealed her pneumonia, but the attending doctor failed to note the diagnosis and offer appropriate treatment. Unfortunately, the woman died a week later

    $425,000

    $425,000 Settlement for Complex Regional Pain Syndrome from Nerve Injury Caused During Routine Blood Work


    Our attorneys obtained a $425,000 settlement for a 35-year-old man who suffered nerve injury during a routine blood draw. The hospital's outpatient laboratory did not appropriately train its phlebotomy staff that if the initial blood stick did not produce blood that the needle needed to be withdrawn rather than simply trying to move the needle around. Once it was apparent that there was a potential nerve injury, the phlebotomy staff should have had the patient seen by a physician; instead, he was sent home and told that his pain would subside within a few days. When he finally visited a physician, he had developed complex regional pain syndrome, a painful condition though to involve the sympathetic nervous system and former referred to as Reflex Sympathetic Dystrophy.

    $425,000

    $425,000.00 Settlement for York County Intersectional Collision


    Our client had the undisputed right of way when a retired health care professional pulled across her lane of traffic directly in her course of travel. The defendant claimed that he had been “waived on” by another vehicle which was stuck in traffic in the lane opposing our client’s direction of travel. He nevertheless agreed that before pulling out in front of our client, he never checked to assure himself that there was no traffic coming from our client’s direction of travel. As a result of these injuries, our client was forced to stop working and she underwent multiple surgeries for occipital neuralgia. Our client was formerly a very active individual and multiple witnesses supported her testimony that she went to the gym several hours a day nearly 5 days a week. Her level of activity changed dramatically and permanently as a result of these injuries.

    $425,000

    Settlement for Slip on Black Ice


    Our attorneys obtained a $425,000 settlement for a 73-year-old man who fell on black ice in a parking lot. The man required a life flight to the hospital for emergency treatment and a craniotomy to relieve the pressure on his brain. Our attorneys fought for a settlement with both the property owner and snow removal contractor, and despite the severity of his injuries, the man has fully recovered.

    $400,000

    $400,000 for Improper Injection


    Our attorneys obtained a $400,000 settlement for a woman who suffered permanent injuries because of an improper injection. Her surgeon inadvertently injected a steroid solution directly into her spinal cord rather than the epidural space surrounding the cord. The woman, who was too heavily sedated to react to the error, now has limited use of her arm and has lost sensation in her hand. Our attorneys pursued both the surgeon and the medical center where the procedure was performed.

    $360,000

    Settlement for Electrician’s Fall from Lift-Truck


    Our attorney obtained a $360,000 settlement for an electrician who was severely injured while servicing traffic lights from a lift-truck. A large refrigerated truck struck the bottom of the lift-truck’s bucket, throwing the electrician 20 feet to the street. His head struck the roadway, fracturing his skull and rupturing a tendon in his wrist. The defendant denied liability and blamed the electrician for not wearing a harness while working aloft in the bucket. A miraculous recovery allowed him to return to work just eight months after the accident.

    $360,000

    $360,000 Settlement for Electrician’s Fall from Lift-Truck


    Our attorney obtained a $360,000 settlement for an electrician who was severely injured while servicing traffic lights from a lift-truck. A large refrigerated truck struck the bottom of the lift-truck’s bucket, throwing the electrician 20 feet to the street. His head struck the roadway, fracturing his skull and rupturing a tendon in his wrist. The defendant denied liability and blamed the electrician for not wearing a harness while working aloft in the bucket. A miraculous recovery allowed him to return to work just eight months after the accident.

    $350,000

    $350,000 Settlement Against Hershey Medical Center


    Our attorneys represented the widow of a man who died as a result of medical negligence at Penn State's Milton S. Hersey Medical Center. He was admitted to the center for rehabilitation following a work accident. After falling out of bed at the center, his medical condition worsened, resulting in his death.

    $320,000

    $320,000 Verdict for Child’s Brachial Plexus Injury


    Our attorneys won a$320,000 award for a three-year-old and her parents against a hospital and doctor. After three hours of pushing with minimal progress, her doctor planned for a caesarean section, which was later abandoned in favor of a low forceps delivery. The doctor later diagnosed should dystocia, which occurs when the baby’s shoulder lodges against the mother’s pelvis after the head has been delivered. The doctor used fundal pressure to deliver the baby, who was diagnosed with a brachial plexus birth injury to her left should shortly after her birth. Our attorneys proved to the jury that the child’s injuries were a direct result of the doctor’s negligence in applying fundal pressure and excessive traction.

    $250,000

    $250,000 Verdict for Head-On Collision


    Our attorney won $250,000 for a man who was injured in a head-on collision. The injured driver was returning from a family vacation when he was struck by an intoxicated driver heading southbound in the northbound lanes. Though the drunk driver died, our attorney pursued the driver’s estate to win compensation for his client’s fractured right thigh.

    $225,000

    $225,000 Settlement for Slip & Fall Case


    Rob Sachs has settled a sidewalk trip and fall case for $225,000 which involved a challenging legal issue that could have entirely defeated any recovery. Our client was a 71 year old woman in good health who was walking in the Rittenhouse Square neighborhood of Philadelphia. She tripped on the sidewalk and broke her radius and a portion of the ulna in her arm. She required a surgical procedure which included the placement of a titanium plate and screws to repair her arm. Although the fracture healed well, our client was left with a contracture of her fingers and she was ultimately diagnosed with Complex Regional Pain Syndrome (CRPS). This permanent injury was particularly vexing because her husband has a progressive illness and required her assistance with many tasks including activities of daily living. Sadly, the CRPS left her unable to assist her husband with her left arm and hand. The fall on the sidewalk involved a concrete block that was elevated one inch above the adjoining block. Unlike many “trip and fall” cases where the “defect” is perpendicular to a person’s path of travel, this defect was parallel to the direction our client was walking. The defense hired a human factors and an engineering expert to blame our client for not seeing the defect and they concluded that the bottom of her foot must have caused her to stumble rather than the defect. The case settled shortly before jury selection began on the first morning of trial.

    $175,000

    Settlement for Slip and Fall Injury


    Our attorneys obtained a $175,000 settlement for an 85-year-old woman injured during a fall. She suffered a broken hip and wrist after falling down a flight of stairs, and our attorneys were able to show that the defendant had failed to install proper handrails as required by the Philadelphia Property Maintenance Code. They also presented evidence that safety guidelines recommend handrails for the elderly because they need additional assistance to maintain balance and confidence while walking down stairs.

    Confidential

    Settlement for Hearing Injury Associated with Spontaneously Deployed Airbag


    Our attorney settled a highly contentious claim against a vehicle manufacturer for the spontaneous deployment of an airbag which permanently impaired a driver’s hearing. Our attorney retained a nationally renowned Michigan physician whose expertise is hearing loss as a result of airbag deployment. Our attorney presented evidence that airbags deploy with the noise equivalent of stranding next to the barrel of a howitzer. When the driver’s airbag deployed spontaneously and improperly, he suffered serious and permanent hearing loss to his left ear. Though the manufacturer denied responsibility, Our atorney was able to settle the case prior to trial.

    Confidential

    Settlement for Family of Motorcyclist for Fatal Accident


    In a highly challenging fact pattering, our attorney was able to obtain a settlement following mediation on behalf of the widow of a lifetime motorcyclist who died in an accident involving a truck. The cyclist struck the rear of a tri-axle truck after it entered a two-lane highway in Schuylkill County after leaving the site of a former coal mine. Investigators at the scene quickly concluded that the cyclist was at fault, which his children failed to accept. His children went to the scene of the accident to photograph trucks entering the coal mine site and the rear lights of the truck. Photographs showed billowing clouds of dust, which could have obscured the cyclist’s view of oncoming traffic. Our attorney was able to show that the truck’s driver had failed to properly perform a pre-trip inspection to make sure all of his vehicle’s lights were clean to maximize the ability of oncoming traffic to see him in situations with lower visibility. When our attorney took the sworn testimony of the driver, he denied that his truck had created any sort of dust cloud which could have impaired his view. When our attorney confronted him with photos of similar dust clouds, his credibility and veracity were seriously undermined. Our attorney was able to negotiate a settlement for the cyclist’s family in the face of facts which other attorneys had deemed hopeless.

    Confidential

    Settlement for Family of Motorcyclist for Fatal Accident


    In a highly challenging fact pattering, our attorney was able to obtain a settlement following mediation on behalf of the widow of a lifetime motorcyclist who died in an accident involving a truck. The cyclist struck the rear of a tri-axle truck after it entered a two-lane highway in Schuylkill County after leaving the site of a former coal mine. Investigators at the scene quickly concluded that the cyclist was at fault, which his children failed to accept. His children went to the scene of the accident to photograph trucks entering the coal mine site and the rear lights of the truck. Photographs showed billowing clouds of dust, which could have obscured the cyclist’s view of oncoming traffic. Attorney Sachs was able to show that the truck’s driver had failed to properly perform a pre-trip inspection to make sure all of his vehicle’s lights were clean to maximize the ability of oncoming traffic to see him in situations with lower visibility. When our attorney took the sworn testimony of the driver, he denied that his truck had created any sort of dust cloud which could have impaired his view. When our attorney confronted him with photos of similar dust clouds, his credibility and veracity were seriously undermined. Our attorney was able to negotiate a settlement for the cyclist’s family in the face of facts which other attorneys had deemed hopeless.

    Confidential

    Bus Passenger’s Fall Filmed by Onboard Security Cameras Proves Case Against Regional Transportation Authority


    Our attorneys settled a case where the SEPTA surveillance video on a bus helped prove the case for our client, who was awarded a substantial six figure settlement (SEPTA’s legal liability is capped at $250,000 by law) for her injuries resulting from a fall on a bus. As experienced truck and bus lawyers, our attorneys knew they had to get that video. They had to fight hard to obtain the video from SEPTA – they actually went to court twice to force SEPTA to turn it over.

    It was worth the fight. The video clearly showed that although the car immediately ahead of the bus had signaled a turn for 15 seconds, the bus driver failed to safely slow his bus – rather he chose to swerve his bus around the turning car (into the oncoming traffic lane) at the exact instant our 85 year old client was getting out of her seat for her stop. She was thrown to the ground and her thigh bone shattered. She is left with a 2 ½ inch shortening of her leg. A woman who routinely walked miles every day is now housebound and dependent of others for the rest of her life.

    During the case, SEPTA’s representative said the “purpose” of the video was to help defeat fake claims and to help solve crimes. In fact, there is another use: holding SEPTA fully accountable when operators fail to drive safely and cause serious harms and losses to innocent riders.

    Confidential

    Confidential Six Figure Settlement for Surgeon’s Failure to Assess Client’s Nutritional Status Before Colon Cancer Surgery and P


    Our attorneys obtained a confidential six figure settlement for the estate with a man who had surgery for previously undiagnosed colon cancer. Our client had many underlying medical difficulties including cerebral palsy which had kept him from working. At the time our client presented for constipation, he was evaluated and it was determined that his condition was due to a mass in his colon. This had never been evaluated previously. Shortly after diagnosis, he underwent surgery. Unfortunately, due to the constipation, our client’s nutritional status was seriously depleted before surgery. Despite this condition, the surgeon operated and the poor nutritional status contributed to a wound breakdown and also a breakdown of the colon sutures from the area where the mass had been removed. Our client developed a massive infection and despite transfer to a tertiary care facility, he succumbed from the massive infection.

    Confidential

    Disconnected Dialysis Line Leading to Death Results in Six-Figure Settlement


    Our attorneys represented the estate of an 86-year-old central Pennslvania woman who passed away when her dialysis line became disconnected, causing massive blood loss and her death. The cause of death was hemorrhagic shock as a result of "therapeutic misadventure" according to the coroner. This case was resolved just after the complaint ws filed beginning the lawsuit. The amount of the settlement as well as the parties' names are confidential pursuant to the terms of the settlement.

    Confidential

    Intersectional Camera Proves Case Against Both Drivers and Leads to Significant Six Figure Settlement in Passenger’s Case


    Our attorneys recently settled a case on behalf of our client who was injured when she was the front seat passenger. The car in which our client was riding clearly ran the red light and hit an SUV that was waiting for traffic to clear before turning left. From the Township’s intersectional camera, we were able to prove that as the light for both cars was turning yellow, the left-turning SUV began its turn under the assumption that all oncoming traffic would stop. The same video also showed that the car in which our client was riding did not enter the intersection until the light had already turned red. As a result of the impact and airbag deployment, our client had a fractured sternum (breast bone) and a fractured coccyx. The chest injury injured led to the development of “pericardial effusion” (fluid buildup around the heart) which caused a four day intensive care hospital stay for our client. In our initial client meeting we asked family members how our client was hearing after the airbag deployment. Family members reported a deficit that our client had not realized existed. Following evaluation with an ENT physician, the hearing loss was diagnosed and was part of the reason why this case settled for a significant amount.

    Confidential

    Intersectional Camera Proves Case Against Both Drivers and Leads to Significant Six Figure Settlement in Passenger’s Case


    Our attorneys recently settled a case on behalf of our client who was injured when she was the front seat passenger. The car in which our client was riding clearly ran the red light and hit an SUV that was waiting for traffic to clear before turning left. From the Township’s intersectional camera, we were able to prove that as the light for both cars was turning yellow, the left-turning SUV began its turn under the assumption that all oncoming traffic would stop. The same video also showed that the car in which our client was riding did not enter the intersection until the light had already turned red. As a result of the impact and airbag deployment, our client had a fractured sternum (breast bone) and a fractured coccyx. The chest injury injured led to the development of “pericardial effusion” (fluid buildup around the heart) which caused a four day intensive care hospital stay for our client. In our initial client meeting we asked family members how our client was hearing after the airbag deployment. Family members reported a deficit that our client had not realized existed. Following evaluation with an ENT physician, the hearing loss was diagnosed and was part of the reason why this case settled for a significant amount.

    Confidential

    Lawyers Ask for Stay of Litigation in Diet Drug Litigation


    Wyeth and certain lawyers representing thousands of filed lawsuits have jointly asked the Philadelphia Federal District Court to approve a stay of litigation to allow the parties to move forward with a settlement process that is expected to resolve thousands of lawsuits. The stay which has been requested will only apply to those plaintiffs who wish to participate in the process and can be automatically lifted if the settlement process does not result in a final settlement.

    According to the documents which have been filed, Wyeth will negotiate with individual law firms to resolve their cases using one of two models: either an expedited pay option, which requires less documentation and is designed to result in quicker payments; or a methodology using a settlement grid which characterizes medical conditions by age and nature of injury, which allows for payments accordingly. Joining Wyeth in making this motion is Wayne R. Spivey, a partner with Shrager, Spivey & Sachs, who is counsel for several thousand plaintiffs to whom he intends to recommend the settlement.

    “The two settlement vehicles which have been negotiated represent a fair resolution to what has been very contentious litigation,” said Attorney Spivey. “Law firms representing thousands of claimants have already indicated a desire to participate and we expect many more will make this election by the deadline. Except for cases which are immediately set for trial, Wyeth has shown little interest in resolving cases using any other procedure.”

    “I think this is a reasonable compromise of difficult litigation and will allow thousands of people and Wyeth to avoid the uncertainties of trying to resolve this many lawsuits,” said Kip Pertoff. “I intend to recommend this to all of my clients.” Jim Morris of the Provost & Umphrey law firm in Texas said, “I am pleased that a resolution is occurring that provides fair compensation for all of our clients.”

    Wyeth recently committed to contributing an additional $1.275 billion to the original national diet drug settlement separately funding a payment vehicle referred to as the Seventh Amendment. A hearing with respect to the fairness of the Seventh Amendment is scheduled, and it is widely expected that the judge will approve it. Together with the initiation of the settlement process, the Seventh Amendment judgment may be a significant step in bringing the diet drug litigation to a conclusion.

    Confidential

    Lawyers Ask for Stay Processing and Payment of Least Serious Diet Drug Claims


    In a joint motion, Wyeth, National Class Counsel and counsel for a number of individual class members in the national diet drug settlement – including Shrager, Spivey & Sachs partner Wayne R. Spivey – moved to stay for 60 days the processing and payment of the least serious but most numerous claims – those designated Matrix Level I or II claims. The proposed stay would provide the parties with an opportunity to draft and submit to the court a Seventh Amendment to the settlement agreement that would create a new claims processing structure, funding arrangement and payment schedule for less serious claims. The proposed amendment would require the court’s approval as well as final agreement by Wyeth. If finalized and approved, the proposed Seventh Amendment would include the following key terms:

    1. The Amendment would create an alternate claims facility to process the least serious claims – designated Matrix Level I or II claims – under the national diet drug settlement. The national settlement is administered by the AHP Settlement Trust, which is a separate legal entity and operates independently of Wyeth.
    2. Following final approval by Wyeth and the courts, Wyeth would ultimately deposit $1.275 billion into the alternative claims facility, which would be run by a claims administrator approved by the court. All current Matrix Level I and II claimants who pass medical review would receive a pro rata share of this amount, which would vary depending upon the number of claimants, the nature of their claims, their age and other factors.
    3. Class members would have the right to opt out of the Seventh Amendment and to remain bound by the terms of the existing national settlement. Wyether, however, would have the right to withdraw from the Seventh Amendment if participation by class members is inadequate for other reasons. All class members who participate in the Seventh Amendment would give up any further opt-out rights.

    According to Lawrence V. Stein, Senior Vice President and general counsel for Wyeth, “If the Seventh Amendment is finalized and approved by the court, and if there is full participation by class members, the amendment would expedite payments and could provide a degree of certainty for Wyeth regarding the ultimate resolution of Matrix Level I and II claims. More importantly, the Seventh Amendment would increase the likelihood that class members with approved claims will receive compensation within the national settlement.

    Confidential

    Managing Partner Sachs Proves Substantial Hearing Loss from Airbag Deployment


    Our attorney represented a college professor in his mid-80s in what first appeared to be a standard motor vehicle accident claim. The professor’s car was struck on the driver’s side door by a car that had run a red light, and investigating officers concluded the other driver was at fault. Despite obvious liability on the part of the other driver, the professor recovered from his obvious physical injuries quickly. As our attorney worked on the claim, he learned that the professor’s hearing in his left ear became worse after the accident. Based on his prior experience with airbag injuries, our attorney was able to prove that the professor had permanent hearing loss as a result of the airbag’s deployment. Hearing loss in his left ear was made acutely worse because the professor had already lost hearing in his right ear as the result of a childhood illness. As a frequent lecturer who maintained an active teaching load, the injury to his hearing was far more substantial than the obvious physical injuries he suffered in the accident.

    Confidential

    Mid-six figure settlement for truck driver injured in roll-over


    Our attorney has recently settled a Pennsylvania truck accident case on behalf of a professional driver who was injured when the parked truck in which he was a passenger was hit by another truck and rolled over. Our client was driving on I-80 in Clinton County, Pennsylvania, in heavy rain when his truck jack-knifed, skidded off the highway, and rolled over. A second truck, acting as a Good Samaritan, stopped to help our client climb from his truck and seek shelter until the police arrived. Seconds after the police arrived and parked behind the second truck, a third truck also skidded, jack-knifed and hit the second truck which was parked with its emergency flashers on in the breakdown lane. As a result of the impact, the truck where our client was a passenger also rolled over. The Good Samaritan driver who stopped to help our client was thrown from the driver’s seat onto our client in the passenger seat. Unfortunately, the Good Samaritan was quite large and when our client tried to stop the driver from falling onto him, he injured both shoulders. Since that wreck, our client has not been able to return to work as a professional driver and he has had multiple surgeries to treat his injured shoulders. This case was difficult because we had to convince the third truck’s insurer that they should settle with our client despite the fact that their driver had lost control just where our client did. We successfully argued that the rules of evidence would likely preclude admission of why our client’s truck became disabled.

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    Multi-Million Dollar Settlement for a man who had an undiagnosed spinal epidural abscess


    Our attorney's negotiated a multi-million dollar settlement for a man who had an undiagnosed spinal epidural abscess and became paralyzed over a four day hospital stay during which his physician failed to treat this neurosurgical emergency. By the time our client was transferred to a referral hospital, his neurologic function was permanently lost. Every nurse involved in our client's care carefully documented the slow loss of function which was the hallmark of our client's worsening condition. Despite these clear nursing observations, the physician never properly diagnosed our client. The facts of the case and the exact amount of the settlement are confidential based on the terms of the settlement. Our client, who was injured in a community hospital in the northern tier of Pennsylvania, was living independently before the malpractice and following the negligence he is totally dependent on others for his activities of daily living. Shrager, Spivey & Sachs was able to work with specialized lawyers to maintain our client's eligibility for Medicare through the use of a "special needs trust" so that our client's needs will continue to be met with the possibility of reimbursement to the Commonwealth after our client passes away.

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    Partner Spivey Key to New Settlement of Opt-Out Diet Drug Cases with Wyeth


    The Claims Facilitating Committee – CFC – announced that lawyers representing nearly half of all claimants who have pending lawsuits against Wyeth related to the ingestion of diet drugs have agreed to recommend that their clients participate in the settlement process negotiated between Wyeth and the CFC. The settlement process was presented to the federal judge overseeing all class members in the diet drug litigation, and the process is designed to facilitate the resolution of lawsuits filed against Wyeth.

    “It is simply amazing that within less than 30 days, well of 100 law firms who represent thousands of diet drug claimants have committed to recommend this settlement process to their clients. The response has been overwhelming. Moreover, lawyers representing thousands of claimants who haven’t yet committed are seriously considering the deal,” said Jerry Alexander, a member of the CFC.

    The proposed settlement would pay substantial amounts to claimants who have evidence of heart valve leakage based on their age at the time of diagnosis and the extent of valvular leakage. More serious cases involving heart valve surgery and primary pulmonary hypertension would be separately negotiated with Wyeth in an effort to fairly resolve such claims.

    “Settlements under this process would end years of litigation between diet drug users and Wyeth. Attorneys representing as few as one client and as many as thousands have agreed to recommend this deal, which illustrates its fairness,” said Ellen Presby, another member of the CFC.

    “We have begun the process of working with numerous courts around the country to cancel trial settings in these cases so that we can work with Wyeth to bring these cases to closure,” said Wayne Spivey, a member of the CFC and a partner with Shrager, Spivey & Sachs. “All of the judges whom we have met with have been very supportive of this process.”

    Confidential

    Seven-Figure Recovery for Truck Driver Crushed by 90-Ton Crane


    Our attorneys resolved a claim against a crane operator and crane owner for the death of a tractor trailer driver. The driver worked in a plant that manufactured multi-ton components for the construction industry. Materials were off-loaded from the driver’s truck by a crane. On the day of the incident, the crane was rented from an outside company. While off-loading the materials, the crane suddenly tipped onto its outriggers and collapsed. As the crane fell, the body of the crane hit the cab of the driver’s truck, crushing the cab and trapping the driver. The case was vigorously defended by the crane operator and his employer, the crane rental company. Both denied responsibility and challenged whether there was any legal basis for a finding or pain and suffering for the driver’s estate. Our attorneys retained two crane safety experts, one of the nation’s best forensic animators for a detailed recreation animation and worked with leading forensic pathologists to prove that the autopsy results confirmed the driver had tragically survived the initial crushing only to die of asphyxiation when the crushed roof prevented him from breathing. Our attorneys were able to settle the claim before trial for an undisclosed sum.

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    Seven-Figure Settlement for Dementia Patient's Fall Down Laundry Chute


    Our attorneys represented the estate of a 77-year-old nursing home resident with significant Alzheimer's symptoms. Nursing home staff failed to observe him when he left his bed, wandered down the hall, gained admission to a supply closet, and fell three stories through a laundry chute. Despite excruciating pain, he survived for another six months after enduring massive trauma that included multiple fractures and internal injuries. Though the nursing home sought to enforce a binding arbitration clause, Our attorneys found the clause and the case was resolved.

    Confidential

    Seven-Figure Settlement for Paralyzed Arm


    Our attorneys obtained a seven-figure settlement for a woman who lost use of her arm after an improper epidural spinal injection. Her chronic back treatment was treated with injections of pain relief medicine into her spinal canal. However, a doctor carelessly push a needle into her spinal cord and injected the drug into her spinal cord nerves. Despite immediate and obvious loss of arm function, the doctor sent her home – instead of administering emergency treatment to save the use of her arm. Unfortunately, the nerves were killed and her arm quickly contracted and became useless. She also developed reflex sympathetic dystrophy, a nerve condition which causes extraordinary pain and tenderness in her arm even though she no longer has motor or sensory nerve function. Our attorneys pursued the doctor and the hospital where she as treated, which was held accountable for the doctor’s improper care under Pennsylvania law.

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    Significant Settlement for Newborn’s Cerebral Palsy


    Our attorney obtained a significant settlement for a newborn injured during caesarean section. Her mother had previously undergone a caesarean section, but during her present pregnancy, her doctors advised her of the risks associated with vaginal birth after caesarean – VBAC – including possible uterine rupture. The risks combined with a doctor’s excessive administration of pitocin and failure to quickly respond to alarming fetal monitor readings. The mother suffered a ruptured uterus, and the baby now suffers severe cerebral palsy. He is permanently brain damaged - unable to walk unassisted, engage in functional speech or feed himself. Our attorney retained world-renowned medical experts to review and support the family’s suit, which included state-of-the-art technology. The child’s family will now be able to provide him the continuous care he requires.

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    Significant Settlement for Truck Accident


    Our attorney obtained a substantial settlement for a husband and wife injured in an accident with a tractor trailer. The wife sustained severe liver damage, and a portion of her liver had to be amputated. If the case had gone to trial, the wife’s surgeon would have argued that similar injuries have a 75 percent fatality rate. She still suffers injuries that will require surgery to release scar tissue which causes bowel problems. Our attorney resolved a lengthy mediation session before the case was scheduled for trial.

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    Significant Settlement in Fatal Blast


    Our attorneys obtained a substantial settlement for the family of a man killed in one of Pennsylvania’s worst chemical explosions. The complex litigation involved more than a dozen separate cases spread over two counties. Our Attorneys retained a former chemical industry executive who offered his opinion that the “responsible care” program the company adopted established a duty on both the producer and the purchaser to maintain safety. Our attorneys negotiated a substantial resolution for the family of the only non-employee victim.

    Confidential

    Significant Settlement in Fatal Blast


    Our attorneys obtained a substantial settlement for the family of a man killed in one of Pennsylvania’s worst chemical explosions. The complex litigation involved more than a dozen separate cases spread over two counties. Our Attorneys retained a former chemical industry executive who offered his opinion that the “responsible care” program the company adopted established a duty on both the producer and the purchaser to maintain safety. Our attorneys negotiated a substantial resolution for the family of the only non-employee victim.

    Confidential

    Significant Settlements in Laparoscopic Tubal Litigation


    Our attorney obtained settlements for two women injured during laparoscopic tubal ligation procedures. Both clients received serious vascular trauma to the right iliac artery and vein as a result of instrument penetration by the gynecological surgeon. Both women had their procedures performed in outpatient clinics. One such clinic had an inadequate blood supply, and nurses were dispatched to the local hospital for more blood. After a lengthy repair procedure, one woman has recovered without lasting complications. The other woman’s surgeon was unable to save the right iliac artery and a bypass was performed using a gortex artificial vessel to take blood from the left femoral artery and reintroduce it to the right leg to revascularize the client’s right leg. Though she was without vascular complications years after the intra-operative trauma, experts agree that there are no statistics on the longevity of gortex grafts in young patients.

    Confidential

    Significant Verdict for Laparoscopic Surgery Injury


    Our attorney obtained a six-figure verdict for a risky repeat laparoscopic surgery. After a one-week trial, the jury found that the plaintiff’s gynecologist was negligent to repeat a laparoscopic uterosacral nerve ablation because of the procedure’s risk to adjoining structures. The repeat surgery injury the plaintiff’s ureter – the structure that connects the kidney to the bladder – causing urine to leak inside her body. She was hospitalized, forced to undergo multiple corrective procedures and had to use a nephrostomy tube and urine collection bag for nearly a year. According to the Pennsylvania Supreme Court, this is only the fifth time in a decade that a plaintiff has won a medical malpractice trial in York County.

    Confidential

    Six Figure Recovery in Medical Malpractice Case


    Managing partner, Rob Sachs, recently concluded a central Pennsylvania medical negligence case on behalf of the estate of a client from New York involving allegations of the failure to administer proper prophylactic treatments for deep venous thrombosis (blood clots) which traveled through our client's body and caused a fatal pulmonary embolus. This case was initially referred to Shrager, Spivey and Sachs in order to investigate an automobile collision. Shortly after the collision, our client was cited by the investigating police officer because it appeared that he had failed to yield the right of way at a stop sign. In fact, our investigation required the hiring of an expert who traveled to Ohio and downloaded data from the "black box" of the striking vehicle, and we were able to prove that the other car was going 72 miles an hour in a 40 mile an hour zone. After prevailing in the auto case, we pursued a medical malpractice action because although our client's injuries were serious, he was expected to recover fully. Just two days before his discharge from rehabilitation, he suffered the fatal pulmonary embolus and passed away. He was survived by two young daughters and his wife of many years. This case resolved in the upper six figtures prior to the commencement of trial.

    Confidential

    Six-Figure Arbitration Award in Nursing Home Neglect Suit


    Our attorneys represented the estate of a 74-year-old man who suffered neglect in a nursing home. He required extensive assistance with daily living activities, including getting into and out of bed, turning and positioning to relieve pressure, hygiene, toileting and feeding. Because of his inability to complete daily activities without assistance, he was at considerable risk for skin breakdown or pressure sores. Staff at his nursing home, however, failed to provide any protective measures against skin breakdown. As a result, the man developed several pressure sores, including one which continued to deteriorate and become infected with methicillin-resistant staphylococcus aureus, or MRSA, and gangrene. He eventually had to have his leg amputated. Our attorneys represented the man’s son, and argued that the nursing home’s neglect led to pain, suffering and amputation, he was able to secure a significant six-figure award.

    Confidential

    Six-Figure Award for Failure to Diagnose Foot Injury


    Our attorneys won a high six-figure award for a mother who fell and injured her foot at work. Her medical care provider failed to properly diagnose the seriousness of her injury, and a subsequent medical provider also failed to provide her with adequate treatment. The woman eventually required surgery to treat her injury and she now suffers a permanent physical disability. Our attorneys were able to obtain a significant six-figure award from her medical provider for the failure to diagnose her injury.

    Confidential

    Six-Figure Settlement Against Hospital for Pressure Ulcer


    Our attorneys represented the family of a 64-year-old man who developed a Stage IV decubitus ulcer while hospitalized following cardiac surgery. After hospital nurses failed to properly turn and reposition the patient, he developed the worst kind of pressure sore, which resulted in terrible pain.

    Confidential

    Six-Figure Settlement Against Hospital for Pressure Ulcer


    Our attorneys represented the family of a 64-year-old man who developed a Stage IV decubitus ulcer while hospitalized following cardiac surgery. After hospital nurses failed to properly turn and reposition the patient, he developed the worst kind of pressure sore, which resulted in terrible pain.

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    Six-Figure Settlement for 97-Year-Old's Fractured Pelvis


    Our attorneys represented the estate of an assisted living resident who fell twice and suffered a pelvic fracture. Her injury completely restricted her ability to move about freely and caused pain throughout the remaining 15 months of her life. Our attorneys were able to secure a six-figure settlement following an all-day mediation with the national nursing assisted living facility's counsel.

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    Six-Figure Settlement for 98-Year-Old Dropped from Hoyer Lift at Nationwide Nursing Home Chain


    Our attorneys successfully represented the estate of a 98-year-old nursing home resident who sustained a hip fracture and head injury when she was dropped during a transfer using a Hoyer lift. Though staff knew that the resident required two employees to handle her transfer, an employee tried to move her without seeking the assistance of a second staffer. The injuries she suffered from the fall caused her health to decline until her death six months later. Our attorneys argued that the national nursing home chain had put profits over patients and left the facility understaffed, forcing employees to attempt resident care tasks in an unsafe manner.

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    Six-Figure Settlement for Death of 50-Year-Old Man from Severe Allergic Reaction to Drugs


    Our attorneys handled a medically complex case on behalf of the estate of a 50-year-old man who died as a result of an allergic reaction to drugs. The allergic reaction wasn't diagnosed until it was too late to save him. By the time the reaction was diagnosed, the man had to be airlifted to a burn center because the allergy had caused nearly all of his skin to fall off. Our attorneys represented the man's family in a hard-fought lawsuit that resulted in a confidential six-figure settlement prior to trial.

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    Six-Figure Settlement for Death of Nursing Home Resident from Failure to Administer Prescribed Diuretic


    Our attorneys represented the estate of an elderly woman who was admitted to a nursing home strictly for rehabilitation; the goal was for her to return home after her rehabilitation was completed. In complete disregard for her health and well-being, the nursing home failed to provide the necesary level of nursing care, including failing to give her the diuretic she had been taking for 20 years. The failure to properly monitor her and administer necessary medications caused her to suffer a significant decline in health that resulted in her death.

    Confidential

    Six-Figure Settlement for Death of Over-Medicated Resident


    Our attorneys represented the estate of an 80-year-old assisted living resident who was prescibed potent anti-psychotics by a doctor who never examined her. After exhibiting slight agitation, the facility contacted a doctor who prescibed first Seroquel and then Ativan for the resident without ever examining her. Our attorneys argued that the combination of medications amounted to chemical restraints that directly led to the resident's fall, hip fracture, and eventual death.

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    Six-Figure Settlement for Diabetic's Death from Administration of Wrong Medication


    Our attorneys represented the family of a 62-year-old diabetic who also suffered from significant kidney disease. After being admitted to a hospital with dizziness attributed to low blood sugar, staff used improper testing methods to determine his blood sugar levels and subsequently administered insulin that caused him to fall into a diabetic coma. He never woke up and died soon thereafter.

    Confidential

    Six-Figure Settlement for Failure to Diagnose Colon Cancer


    Our attorneys obtained a six-figure settlement for the failure to diagnose their client’s colon cancer. His family doctor failed to perform timely rectal examinations or arrange for a referral for a colonoscopy. The delay in diagnosis led to the man requiring surgery to place an opening and a bag as a new way for stool to leave his body.

    Confidential

    Six-Figure Settlement for Failure to Prevent Nursing Home Resident's Death from Numerous Falls


    Our attorneys represented the estate of an elderly dementia patient whose behavioral disturbances included delusions, glaucoma resulting in impaired vision, diabetes mellitus, deep venous thrombosis, and depression. She suffered multiple falls because she was not provided the necessary fall precautions and supervision required to keep her safe. The last fall resulted in a fractured hip, which led directly to her d eath.

    Confidential

    Six-Figure Settlement for Failure to Treat 90-Year-Old's Infection


    Our attorneys represented the estate of a 90-year-old nursing home resident who died after an untreated infection worsened. Our attorneys argued that the nursing home's failure to keep a sterile environment directly led to the infection, and in addition to the lack of sterility, staff failed to recognize the infection. The delay in treatment allowed the infection to worsen and eventually caused the woman's death.

    Confidential

    Six-Figure Settlement for Fall into Pit


    Our attorneys secured a high six-figure settlement for a man who fell into an unprotected pit. The owner of the pit charged local residents to dump refuse on his property, and he encouraged the plaintiff to back his truck up to the edge of the pit. When the plaintiff opened attempted to exit his truck, he was knocked backwards, fell 10 feet into the pit and suffered injuries to his neck and shoulder, which required multiple surgeries.

    Confidential

    Six-Figure Settlement for Family of Fall Victim


    Our attorneys represented the estate of an 82-year-old man who was admitted to a hospital with complaints of pain, confusion and difficulty walking. The hospital poorly evaluated the man and failed to realize the high risk he presented. Unsupervised, he was allowed to fall and suffer serious and painful injuries that led to his death. His autopsy found blunt force chest trauma that included seven fractured ribs. Our attorneys were able to secure a significant confidential settlement for the man’s family.

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    Six-Figure Settlement for Hospital Fall


    Our attorneys represented the estate of an 86-year-old woman who fell from her wheelchair in a hospital. After being admitted to the hospital for life-saving surgery, she was left to wait in a chair for eleven hours. Her chair was not equipped with a chair alarm to alert staff when she attempted to walk without assistance. After falling and fracturing her hip, her initial surgery was put off until her hip healed. She eventually died waiting for her intended surgery, and our attorneys were able to secure a six-figure settlement for her family.

    Confidential

    Six-Figure Settlement for Laparoscopic Injury


    Our attorney obtained a six-figure settlement for an injury to his client’s right and left hepatic ducts during a laparoscopic gall bladder removal surgery. The injury occurred at the base of the liver, causing a bismuth 4 injury – the most serious type of bile duct injury caused by negligent laparoscopic gall bladder surgery.

    Confidential

    Six-Figure Settlement for Nursing Home Neglect


    Our attorneys represented the estate of a woman who died in a nursing home as a result of neglect and abuse. She was dropped by staff who tried to move her from a bed to a chair without assistance, ignoring directives that she be moved by two people at all times. After she was dropped, staff failed to request a post-fall medical evaluation for any injuries. She was promptly placed back in bed – but with broken thigh bones in both legs. Her cries of pain and pleas for help were ignored for nine hours. She was finally sent to a hospital where her broken legs were diagnosed. Hospital staff sent her back to the nursing home with clear instructions for her care, which were ignored by nursing home staff. Without ever receiving pain medication or special attention, she died the next morning as a result of complications from her injuries. Our attorneys argued that the nursing home was understaffed and poorly trained. Specific terms of the settlement are confidential.

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    Six-Figure Settlement for Severe Nursing Home Neglect


    Our attorneys represented the estate of a 74-year-old woman who was chronically ill with end-stage lung cancer. During her ten months at a nursing home, she suffered severe pressure sores, dehydration, poor nutritional management, infection, poorly managed pain, poor hygiene, contractures and continual abuses to her well-being and dignity. She finally died as a result of sepsis, acute renal failure and cancer. Our attorneys were able to secure a confidential settlement for her family.

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    Six-Figure Settlement for Slip and Fall on Sidewalk


    Our attorneys negotiated a six-figure settlement for a Philadelphia woman who suffered fractures to both wrists when she fell on a sidewalk. The elderly woman tripped on a sidewalk that had a block-to-block differential of nearly one-and-a-half inches. Our attorneys learned during deposition that during a routine inspection, the property manager had identified the block as dangerous and in need of immediate repair, which the property owner ignored. Prior to her injury, she had lived independently, but she was forced to spend six weeks in a nursing home during her recuperation.

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    Six-Figure Settlement for the Family of Assisted Living Resident


    Our attorneys obtained a six-figure settlement for the family of an 82-year-old assisted living facility resident. The woman fell three times within three months, and the last fall resulted in a fractured hip. Our attorneys argued that the assisted living facility should not have accepted the woman because she needed more care than was offered. After her third fall, she was unable to notify staff and remained on the floor with a fractured hip for an extended period of time. Her fractured hip eventually led to her death.

    Confidential

    Six-Figure Settlement for the Family of Nursing Home Resident


    Our attorneys represented the family of an 87-year-old nursing home resident who fractured his hip. He was transferred to a hospital where the emergency room physician failed to properly read his X-ray. The physician failed to diagnose the seriousness of the man’s injury and returned him to the nursing home without adequate treatment. At the nursing home, he exhibited an increased respiratory rate, increased heart rate and decreased alertness – all of which are significant symptoms of internal bleeding. Staff at the nursing home failed to notice his symptoms until he was found unresponsive. He was transferred to another hospital where he soon died. The terms of the settlement are confidential.

    Confidential

    Six-Figure Settlement for the Family of Nursing Home Resident


    Our attorneys represented the family of an 87-year-old nursing home resident who fractured his hip. He was transferred to a hospital where the emergency room physician failed to properly read his X-ray. The physician failed to diagnose the seriousness of the man’s injury and returned him to the nursing home without adequate treatment. At the nursing home, he exhibited an increased respiratory rate, increased heart rate and decreased alertness – all of which are significant symptoms of internal bleeding. Staff at the nursing home failed to notice his symptoms until he was found unresponsive. He was transferred to another hospital where he soon died. The terms of the settlement are confidential.

    Confidential

    Six-Figure Settlement for Tractor-Trailer Driver Rear-Ended by Another Truck


    Our attorneys successfully represented a tractor-trailer driver who was rear-ended by another tractor-trailer. After the first driver encountered engine trouble, he turned on his four-way safety flashers to alert other vehicles to his slowed speed. Our attorneys were able to prove during depositions that the rear-ending driver has broken requirements and guidelines of the Federal Motor Carrier Safety Regulations and Pennsylvania Commercial Drivers' Manual by overdriving his headlights and driving too fast for the circumstances. Despite the rear-ending driver's insurance company's claims that the accident was a result of the driver suffering a heart attack, the defense was abandoned when our attorneys demanded the driver's qualification file, which would have contained all of his underlying medical records.

    Confidential

    Six-Figure Settlement in Retained Sponge Case


    Our attorneys obtained a significant six-figure settlement for a patient whose surgery was complicated by a wound infection. Nurses failed to properly treat the wound with sponges used in association with a “wound vac.” The nurses placed the sponges inside the wound in violation of a physician’s orders, and failed to record how many sponges were placed or removed from the wound. The patient required additional surgery to remove sponges that had been inside his wound for months. He suffered from a non-healing wound that discharged foul-smelling fluids for nearly a year as a result of the nurses’ actions, and he now has a much larger incision. Our attorneys aggressive and proactive strategy convinced the defendant to engage in early mediation, which led to a significant six-figure settlement.

    Confidential

    Six-Figure Settlement in Trip and Fall on Handicapped Ramp


    Our attorneys obtained a six-figure settlement for a man who suffered a trimalleolar fracture – breaking of the three ankle bones – in a trip and fall while walking on a negligently designed handicap ramp at an outlet mall. Through discovery, our attorneys were able to prove that the cement contractor knew that the beveled sides were far steeper than normal, but he believed that the mall owner had contracted to duplicate a prior defective design rather than construct safer ramps.

    Confidential

    Six-Figure Settlement in Trip and Fall on Handicapped Ramp


    Our attorneys obtained a six-figure settlement for a man who suffered a trimalleolar fracture – breaking of the three ankle bones – in a trip and fall while walking on a negligently designed handicap ramp at an outlet mall. Through discovery, our attorneys were able to prove that the cement contractor knew that the beveled sides were far steeper than normal, but he believed that the mall owner had contracted to duplicate a prior defective design rather than construct safer ramps.

    Confidential

    Substantial Settlement for Failure to Diagnose Laryngeal Cancer


    Our attorney obtained a significant settlement for a woman who died as a result of undiagnosed laryngeal cancer. He had been under the care of ear, nose and throat doctors for years, and he consistently complained of hoarseness. Despite two earlier biopsies, no diagnosis was ever made by his doctors. Within ten days of his last visit, he was seen by a separate physician who immediately diagnosed the laryngeal carcinoma and initiated appropriate treatment. Unfortunately, treatment came too late, and he died from complications of the carcinoma.

    Confidential

    Substantial Settlement for Negligent Surgical Excision


    Our attorney obtained a substantial settlement for a man who underwent surgical excision or a malignant melanoma on his forehead. The plastic surgeon who performed the procedure failed to completely remove the melanoma, despite being warned by a pathologist that some of the tumor was left behind. The patient’s melanoma eventually returned, and his condition is now terminal. Our attorney consulted with premier cancer and surgical specialists in an effort to persuade the surgeon to ultimately admit that he made an error. Prior to trial, the surgeon agreed to settle the matter for a substantial amount. The plaintiff and his wife will now be able to seek the best medical care in his continuing fight.

    Confidential

    Substantial Settlements for Improperly Medicated Newborns


    Our attorney negotiated a substantial settlement for two families whose newborn infants were administered the wrong medication following their births. One child died, and the other sustained a brain injury. The first newborn died under suspicious circumstances, and despite the hospital’s promises to investigate the case, the parents were never contacted. Weeks later, another baby suffered similar circumstances, but lived. Both families sought out our attorneys, and we mounted an investigation that revealed both babies were administered a medication which had not been prescribed to them. Our attorney found that both babies were administered a potent antibiotic in a solution containing benzyl alcohol, which is known to be potentially lethal to infants. The antibiotic was packaged in a bottle similar to the dextrose the babies should have received. When mixing IVs for the babies, the hospital pharmacist mistakenly placed the antibiotic in the IV instead of sugar water. Our attorney obtained a substantial settlement for both families, and the parents of the surviving child will now be able to provide him with the intensive medical care he requires.

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    Substantial Six Figure Product Liability Recovery


    Substantial six figure product liability recovery for estate of factory worker struck by forklift. Our client's husband had worked for years in a regional beer factory. He was struck by a forklift which caused a very significant injury to his leg and prompted a one-week long hospital stay. About one month after his discharge from the hospital, the skin which had been injured by the forklift required a plastic surgery procedure. Four days after the procedure, our client developed a pulmonary embolus and died. The case was initially referred to our firm due to questions about whether there was medical malpractice relating to the failure to provide appropriate anti-coagulant medications. Because of the need to withhold anticoagulant while the plastic surgery healed, we determined that there had been no malpractice. However, upon examining the accident photos, it was clear that an inventory control monitor mounted on the front pillar of the forklift had likely obscured the forklift operator's ability to view a pedestrian on the warehouse floor. Shrager, Spivey & Sachs retained multiple experts and was able to prevail and demonstrate that the design of the inventory control monitor, as well as the installation, were dangerous and increased the risk that a pedestrian, such as our client's husband, would not be observed while walking near the forklift.

    Confidential

    Substantial Six Figure Settlement for Subsequent Pulmonary Embolism


    Our client was a warehouse manager in a large beer bottling facility in the Lehigh Valley. At approximately 4:00 am when our client reported to work he was struck at an intersection of two aisles within the warehouse by a large forklift. His initial injuries were fractures and a significant “degloving” injury to his thigh. He was admitted to the hospital for nearly a week for the initial orthopedic and skin injuries. He remained under the care of a trauma surgeon and when the “degloving” injury did not heal after a month, he was brought back into the hospital to remove fluid and for a complex plastic surgical procedure to repair a large area of the skin on his thigh. Following this procedure, he had to remain immobile so the skin graft could properly heal. The first time he got up following this procedure, he sustained a pulmonary embolism and died. He was survived by two adult children and his wife. Although our client was in his mid-60’s, he had planned to continue working at least until the age of 70. Because of limitations under the workers compensation laws, our client’s estate was not able to pursue his employer or the co-employee forklift driver. This product liability case focused instead on an inventory control monitor which was mounted on the front pillar of the forklift and the outside company that had installed that monitor on the forklift. Our theory was that the monitor had partially blocked the forklift operator’s vision and prevented him from seeing the pedestrian in the intersection of the aisles.

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    Settlement for the Family of wrongful death case


    Managing partner, Rob Sachs, has settled a wrongful death case on behalf of the estate of a lifelong employee of a major brewery in the Lehigh Valley. Our client was hit by a forklift and dragged across the warehouse floor. Although he survived the initial trauma due to excellent care at Lehigh Valley Medical Center, when he returned to the hospital for a skin graft to treat a non-healing complex leg wound known as a Morel-Lavalle injury, he had a fatal pulmonary embolus five days after surgery. The focus of the case was a product liability claim against the manufacturer of a forklift mounted inventory control computer that was attached to the pillar at the front of the protective cage. Our expert concluded that the monitor partially blocked the operator's view and decreased his ability to see pedestrians like our client's late husband. This case settled following a lengthy mediation.