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Shrager, Spivey & Sachs – Call 1.866.617.4389
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News from Shrager, Spivey & Sachs – Pennsylvania Personal Injury Attorneys

Our law firm has successfully handled more than 100 cases resulting in a settlement or verdict of more than one million dollars, and we continue to accept high profile cases involving medical malpractice, auto accidents, product liability, and other types of personal injury. If you retain our Pennsylvania law firm, our personal injury attorneys will work on your behalf to settle your claim quickly and efficiently.

Click on the links below to view recent verdicts and settlements, as well as news about our firm:

Pressure sores (decubitis ulcers) result in a six-figure arbitration award in nursing home neglect lawsuit handled by Chad Galvin.

Nursing home neglect attorney, Chad Galvin, represented the estate of a 74 year old Philadelphia man, who suffered neglect while a resident of a nursing home. Our client was admitted to the nursing home for rehabilitation and required extensive assistance with all activities of daily living (“ADL’s”), including bed mobility, turning and positioning to relieve pressure, hygiene, toileting and feeding. Our client was at risk to suffer skin breakdown because of a history of decreased functional abilities. The nursing home, however, failed to provide any preventative measures to prevent skin breakdown. Additionally, our client was not provided any pressure relieving devices for his bed or chair. The nursing home also failed to provide a sufficient amount of staff to properly turn and position our client every two hours to relieve pressure. Unfortunately, our client developed several pressure sores, including one to his ankle. The pressure sore on our client’s ankle continued to deteriorate and became infected with methicillin-resistant staphylococcus aureus (“MRSA”) and gangrene. Our client required a left above the knee amputation as a result of the ankle pressure sore. Although our client had passed away due to un-related causes, our firm represented his son in a lawsuit for the pain and suffering and loss of dignity associated with the leg amputation. We were able to secure a significant six-figure award on behalf of our client’s family. Specific terms of the settlement are confidential.

Chad Galvin and Rob Sachs obtain a significant six-figure settlement in a retained sponge case.

Our client underwent surgery which was complicated by a wound infection. The defendants’ wound care nurses failed to properly and accurately treat the wound with regard to the sponges used in association with a “wound vac.” The nurses improperly placed the sponges into the wound in violation of a physician’s orders. The wound care nurses also failed to properly and accurately record in the patient’s records the number of wound sponges placed in the wound, as well as, the number of sponges removed from the wound with every dressing change. Our client required additional surgery to remove sponges that had been improperly placed and left inside our client’s wound for months. Our client suffered for almost a year with a non-healing wound that resulted in discharge with a foul smell, massive amounts of fluid which constantly drained from the wound and a dramatically larger incision. SHRAGER, SPIVEY & SACHS used an aggressive and pro-active strategy to convince the defendant to engage in an early mediation which led to a significant six-figure settlement. Specific terms of the settlement are confidential.

Hospital fall case handled by Chad Galvin, Rob Sachs and Mike McGuckin leads to a six-figure settlement for estate of an 82 year-old.

Elder abuse attorneys, Chad Galvin, Rob Sachs, and Mike McGuckin, represented the estate of an 82 year old man against a hospital. Our client, who was battling cancer, was admitted to the hospital with complaints of pain, confusion and difficulty walking. The hospital, however, did not properly evaluate our client, or deem him a fall risk. Unfortunately, our client eventually fell and suffered serious and painful injuries that caused his death. He expired as a result of his injuries which were described at autopsy as “blunt force chest trauma” that fractured seven ribs. Specific terms of the settlement are confidential.

Chad Galvin and Rob Sachs obtain a $175,000 settlement for an 85 year-old woman injured in a slip and fall accident.

Chad Galvin and Rob Sachs represented an 85 year-old woman who fell down the stairs of a building owned by defendant. As a result of the fall, our client suffered a broken hip and wrist. Our research confirmed that the Defendant failed to install proper handrails as required by the Philadelphia Property Maintenance Code. Further, we presented evidence that Safety Guidelines recommend handrails for the elderly because they need additional assistance in order to maintain their balance and confidence while walking down stairs. Fortunately, our client had a good recovery from her injuries.

Christopher Bradley Selected for Inclusion as a Rising Star of Pennsylvania Super Lawyers

Christopher Bradley was selected for the Rising Stars Edition of the 2008 Pennsylvania Super Lawyers. The Rising Stars are selected as among the top 2.5% of Pennsylvania attorneys 40 years old or younger, or in practice for 10 years or less.

Rob Sachs instrumental in $4 Million settlement for girl injured at birth

Rob Sachs spearheaded negotiations for the legal team representing a girl who was severely injured during labor and the child’s delivery.  A series of mistakes led to a gestation period that was more than one week longer than is appropriate.  Despite this fact, and despite complaints by her mother that she feared her water broke, the doctors caring for her mother allowed her simply to labor for hours, without emergency care or appropriate monitoring.  Unfortunately, a bradycardia (severe reduction of the baby’s heart rate) occurred, and the baby went without sufficient oxygen for a period of more than 20 minutes.  The girl, now 17 years-old, requires constant care for all daily activities, and suffers from cerebral palsy and mental retardation.  The family will now be able to use the settlement proceeds to purchase a fully accessible home, and establish a special needs trust to care for the girl for the rest of her life.  Rob was assisted on this matter by Mike McGuckin and Chris Bradley.

Wayne Spivey and Mike McGuckin obtain $1 Million for four year-old girl  and her family

Wayne Spivey and Mike McGuckin negotiated a $1 Million settlement for a four year-old girl who suffered a permanent injury when her shoulder was stuck in the birth canal during her delivery.  The young girl’s mother had experienced this complication while giving birth to other children in the past, and those siblings were delivered without permanent complication.  Sadly, the physician delivering the plaintiff failed to take the appropriate steps to safely deliver the child without injury.  Fortunately, the young girl is otherwise healthy and happy, and will now be able to afford all of the medical and other care she will require as a result of her disability for the remainder of her life.

Man injured in fall recovers $425,000

Chris Bradley and Wayne Spivey obtained $425,000 for a 73 year-old man who fell on black ice while walking in a parking lot.  The gentleman required a life flight to a local emergency room, where he underwent a craniotomy to relieve the pressure on his brain due to swelling inside his skull.  Despite this serious accident, the gentleman fortunately maintains his previous levels of daily activity.  Both the property owner and snow removal contractor contributed to this settlement.

Mike McGuckin and Rob Sachs negotiate high six-figure settlement for man injured in fall

Rob Sachs and Mike McGuckin secured a high six-figure settlement for a man who suffered injuries to his neck and shoulder when he fell more than 10 feet into an unprotected pit while unloading garbage at a refuse management site.  The defendant, which invited residents to pay money in exchange for dumping their refuse on its premises, allowed the victim to simply back up his truck to the edge of the collection pit.  When he attempted to open the door of the truck, he was knocked backward and fell into the pit, suffering injuries that required several surgeries. 

Chris Bradley and Mike McGuckin secure $400,000 for woman injured during epidural steroid injection

The client, a 69 year-old Pennsylvania woman, suffered permanent injuries to her left arm when the surgeon performing the injection inadvertently injected the steroid solution directly into the victim’s spinal cord, rather than the epidural space that surround the cord.  Unfortunately, the woman was too heavily sedated to react to this error, and now has very limited use of her left arm, and has lost sensation into her left hand.  This settlement was funded by both the surgeon and the center where the surgery was performed.

Six-Figure Settlement for an 86 year-old injured in a hospital fall from chair

Elder abuse attorneys, Chad Galvin and Rob Sachs, represented the estate of an 86 year-old woman against a hospital.  Our client was admitted to the hospital for unrelated health problems.  The hospital nursing staff left our client in a chair for eleven hours.   She did not receive a chair alarm to alert the nursing staff when she attempted to walk without assistance.   Our client fell and fractured her hip which required surgery.   Unfortunately, the hip fracture delayed life-saving surgery for the preexisting medical condition and our client expired as a result of the delay.

Estate of a 74 year-old nursing home resident with pressure sores, dehydration, and poor nutritional support obtains six figure settlement

Nursing home abuse and neglect attorneys, Chad Galvin and Rob Sachs, represented the estate of a 74 year old woman, who was a resident of a nursing home for 10 months.   Similar to many  nursing home residents, our client was chronically ill with end-stage lung cancer, and she was dependent for care with a limited ability to protect and advocate for herself.  During her residency at the nursing home, she suffered numerous violations of her resident rights.  As a result of these violations, she suffered pressure sores, dehydration requiring multiple hospitalizations, poor nutritional management, infection, poorly managed pain, poor hygiene, contractures, and ongoing affronts to her well-being and dignity.   Our client’s death was the result of sepsis, acute renal failure and end-stage lung cancer.  The terms of the settlement are confidential. 

One day delay in diagnosis of pneumonia results in $650,000 settlement

Mike McGuckin and Rob Sachs negotiated payment of $650,000 to the family of a woman who died of complications of pneumonia.  The woman was seen in the emergency room and an x-ray revealed the pneumonia.  Unfortunately, the attending doctor failed to note the diagnosis and failed to follow up on her care with appropriate treatment.  Sadly, the appropriate treatment was delayed as a result of this failure and the victim passed away within a week.

Rob Sachs elected to the Board of American Association for Justice and to the Board of the Public Justice Foundation

Rob Sachs has been elected by the Pennsylvania Association for Justice to serve as one of Pennsylvania’s Governors on the Board of Governors for the American Association for Justice (“AAJ”). “I am particularly gratified to have been elected by my Pennsylvania colleagues to serve on AAJ’s Board.” Sachs explained further that: “my late partner, David Shrager, was the President of AAJ’s predecessor in 1983-84 and it is especially gratifying to follow in his footsteps in this organization.” Rob Sachs has also been elected to the Board of Directors of the Public Justice Foundation. Public Justice is America’s public interest law firm and it is the principal project of the Public Justice Foundation, a non profit membership organization supported by a nationwide network of over 3,500 attorneys and others, including trial lawyers, appellate lawyers, consumer advocates, constitutional litigators, employment lawyers, environmental attorneys, civil rights lawyers, class action specialists, law professors and law students.

Epidural spinal injection paralyzed arm - seven figure settlement

Rob Sachs, Chris Bradley, and Mike McGuckin have resolved a claim on behalf of a central Pennsylvania woman whose right arm was paralyzed by an epidural spinal injection. Our client was receiving the injections of pain relief medicine directly into her spinal canal - but not into the spine itself - because of long term back pain. We argued that the doctor who gave her the shot carelessly pushed the needle all the way into the spinal cord and then injected the drugs into the nerves of the spinal cord. Despite immediate and obvious complaints and a visible loss of arm function, our client was sent home at a time when she should have been receiving treatment to try to save the use of her arm. Unfortunately, the nerves were killed and her arm quickly contracted and became useless. To add insult to injury, she also developed “reflex sympathetic dystrophy ,” a nerve condition which causes extraordinary pain and tenderness even though she lost motor and sensory nerve function. The court case also focused on the hospital because the hospital held the doctor out as if he was a hospital employee, which made them partly responsible for the doctor’s improper care under Pennsylvania law.

Failure to detect colon cancer leads to six figure settlement

Wayne Spivey and Michael McGuckin of the Philadelphia firm of Shrager, Spivey & Sachs have resolved a Berks County Pennsylvania case involving the injury to their client as a result of the defendant family doctor’s failure to timely perform rectal examinations and arrange for a prompt referral for a colonoscopy. The result of which was the delay in the diagnosis of colon cancer and the need for surgery to allow the placement of an opening and bag as a new way for stool to leave the body. The identities of the parties, as well as details regarding the significant six figure settlement are confidential.

Mike Mcguckin joins Shrager, Spivey & Sachs

SHRAGER, SPIVEY & SACHS is pleased to announce that Mike McGuckin has joined the firm as an associate. McGuckin is a 1984 graduate of Villanova University, and a 1987 graduate of Villanova University School of Law. He has considerable experience representing those injured by the negligent conduct of others. He has been involved in more than 100 jury trials, and has handled cases in 16 Pennsylvania Counties as well as the federal courts in the Eastern and Middle Districts of Pennsylvania. McGuckin is a former member of the Board of Directors for the Philadelphia Trial Lawyers and is a current member of the Pennsylvania Association for Justice and American Association for Justice. Managing partner Wayne Spivey said: “Rob and I have known and respected Mike’s abilities for years. He brings an outstanding level of experience to the handling and trial of our medical malpractice cases.”

Spivey and Sachs - Super Lawyers...Again

Wayne Spivey and Rob Sachs have once again been selected as Pennsylvania Super Lawyers for 2008 and appear in the recent “Super Lawyers” publication.

Chad Galvin and Rob Sachs negotiate a six-figure settlement in a nursing home neglect lawsuit

Nursing home neglect attorneys Chad Galvin and Rob Sachs represented the estate of a Philadelphia woman, who died in a South Philadelphia nursing home as a result of neglect and abuse. Our client was dropped by a nursing aid who tried to move her from the bed to a chair without asking for help. Tragically, the clear instruction in the patient’s chart requiring that she had to be moved by two people at all times was ignored. After dropping our client, the nursing home staff improperly moved her before requesting a post-fall medical evaluation for injuries. She was placed back in bed with two undiagnosed broken thigh bones. The nursing home ignored the client’s cries of pain and her pleas to be sent to the hospital. Finally after nine hours of pain and pleading to go to the hospital, the nursing home transferred our client to a hospital, where she was promptly diagnosed with the broken legs. Our client was then sent back to the nursing home with clear instructions from the emergency room doctor for her care. As if adding insult to injury, almost all of those instructions were then ignored by the staff of the nursing home. Throughout the night, the client continued to suffer significant pain as a result of not receiving physician ordered pain medication. Unfortunately, early the next morning the client passed away as a result of complications from the two broken thigh bones. It was discovered during the lawsuit that the nursing home did not have enough people working to properly and safely care for all of the residents, and the staff was not properly trained regarding how to safely move patients and following physician’s orders. Specific terms of the settlement agreement are confidential.

Rob Sachs and Chris Bradley negotiate $2.1 million settlement in Rt. 81 tractor trailer crash that killed husband and wife

Robert L. Sachs, Jr. and Christopher Bradley have resolved claims on behalf of a husband and wife who were killed on Route 81 in Schuylkill County, Pennsylvania. Stephen and Graham Davidson were very successful and talented young artists traveling home to Vermont from a craft show which had been held over Labor Day weekend in 2003. The weather on Rt. 81 was hazardous, at best. There was drizzle and fog which was complicated by a vehicle fire on the side of the road. As Stephen and Graham approached the “white out” caused by the fire, they couldn’t have known that the truck ahead of them had slowed dramatically by using only his “engine brake” but not his brake pedal which would have lit his brake lights and signaled his decreased speed. Tragically, that driver also failed to use his safety flashers to alert those behind him of his sudden change in speed. The first truck in line then entered the white out and was essentially an invisible wall to the Davidsons. Right behind their van was a truck that clearly never slowed from his full highway speed. Because the Davidsons both died, it will never be known for sure whether they hit the truck in front first or not. There was no doubt that when their van was hit from behind, the resulting “overrun” impact inflicted lethal injuries. Indisputable evidence from the scene of this accident demonstrated that Stephen Davidson survived this impact and was extricated from the wreckage but died en route to the hospital. Graham Davidson, who was four months pregnant, did not survive the initial impact. This Philadelphia County lawsuit was filed by the estates of both Graham and Stephen Davidson. The total settlement from all responsible parties, which is divided between the estates, was in excess of $2.1 million.

Laparoscopic injury during gall bladder surgery leads to six figure settlement

Rob Sachs, a partner in the Philadelphia firm of Shrager, Spivey & Sachs, has resolved a Lebanon County, Pennsylvania case involving injury to his client’s right and left hepatic ducts during a laparoscopic gall bladder removal surgery. The injury here was just at the base of the liver – a so-called bismuth 4 injury – the most serious type of bile duct injury which can be caused by negligent laparoscopic gall bladder surgery. The identities of the parties, as well as details regarding the amount of the settlement, are confidential.

Rob Sachs and Chad Galvin teach in AAJ Nursing Home seminar in Las Vegas

In September, 2007, Rob Sachs was a faculty member at the American Association for Justice’s “Litigating Nursing Home Cases” seminar held in Las Vegas, Nevada. The continuing legal education materials were prepared by Chad Galvin, who focuses his practice largely on Nursing Home liability cases, and by Rob Sachs. The subject of the lecture was, “Research and Discovery: Using the Internet and the NHLG Online Document Library on the AAJ Exchange.” This continuing legal education seminar was attended by nearly 100 nursing home lawyers from around the country.

Rob Sachs and Christopher Bradley Secure Six-Figure Settlements For Two Slip and Fall Clients

In two separate law suits, Robert L. Sachs, Jr., Esquire and Christopher Bradley, Esquire of Shrager, Spivey & Sachs, negotiated six-figure settlements for clients injured in slip and fall accidents. The first involved a Philadelphia woman who suffered fractures to both wrists when she fell on a sidewalk. Our client was a senior citizen who exercised daily. The sidewalk where she tripped had a block-to-block differential of nearly one and one-half inches. At deposition, SHRAGER, SPIVEY & SACHS learned that in a routine inspection, defendant’s own property manager had identified this block as dangerous and in need of immediate repair. Prior to these injuries, our client lived alone and was totally self-sufficient. Following this injury, she was forced to spend six weeks in a nursing home, because she could not care for herself.

The second suit involved a 52 year-old Morristown, NJ, resident, who suffered a trimalleolar fracture (breaking each of the three bones in her ankle) in a trip and fall while walking on a negligently designed handicap ramp at a well-known central Pennsylvania outlet mall. Through discovery, Bradley and Sachs were able to prove that the cement contractor knew that the beveled sides were far steeper than normal but the contractor believed that the mall owner had contracted to duplicate a prior defective design rather than construct safer ramps. Specific terms of the settlements are confidential.

Wayne Spivey Negotiates Multi-Million Dollar Settlement in Biopharmaceutical Litigation

Wayne R. Spivey, Esquire, partner in the law firm of Shrager, Spivey & Sachs, secured a multi-million dollar settlement for his client in a dispute over a biopharmaceutical drug. Mr. Spivey’s client, a small biopharm firm in Washington state, developed a new variety of eryhthropoietin (“EPO”), a synthetic form the hormone produced by the body to stimulate the production of red blood cells. EPO is used to treat patients suffering from anemia.

Global rights to the EPO in question were sold to a Fortune 250 Company for the purpose of marketing the drug worldwide. After several years, the Fortune 250 Company decided not to proceed and litigation ensued. Mr. Spivey negotiated an agreement calling for a substantial settlement payment to his client. Specific terms of the settlement agreement are confidential.

Charles J. "Chad" Galvin joins SHRAGER, SPIVEY & SACHS

Philadelphia, PA, March 19, 2007: SHRAGER, SPIVEY & SACHS is pleased to announce that Charles J. "Chad" Galvin has joined the firm as an associate. Galvin is a 1997 graduate of Widener University School of Law. He joins SHRAGER, SPIVEY & SACHS from the Philadelphia office of Wilkes & McHugh. Managing partner Wayne Spivey said: “We are pleased to have Chad join our complex personal injury practice. The skill and experience he brings to our nursing home abuse and neglect cases will certainly benefit many of our clients in Pennsylvania and New Jersey.”

Spivey and Sachs - Super Lawyers...Again

Wayne Spivey and Rob Sachs have once again been selected as Pennsylvania Super Lawyers for 2007 and will appear in the upcoming “Super Lawyers” publication.

Rob Sachs Obtains York County Medical Malpractice Verdict For Client Injured During Laparoscopic Surgery

After a one week trial, a York County jury returned a six figure verdict in favor of our client in a case where the defendant gynecologist performed a repeat “laparoscopic uterosacral nerve ablation” in order to treat our client’s endometriosis. Sachs argued that it was negligent to repeat this procedure because of the risk to adjoining structures. As a result of the surgery, our client’s ureter (the structure that connects the kidney to the bladder) was injured causing urine to leak inside her body. Our client was hospitalized, underwent multiple additional procedures and had to have a nephrostomy tube and wear a collection bag for her urine for the next seven months. According to the latest statistics maintained by the Pennsylvania Supreme Court, this is only the fifth time this decade that a plaintiff has won a medical malpractice trial in York County. Rob Sachs was assisted during this trial by Steven Chung.

Electrician Injured in Fall from Lift-Truck Obtains $360,000 Settlement

Wayne Spivey and Steve Chung represented a young man who was severely injured while servicing traffic lights from a lift-truck.. The incident occurred when a large refrigerated truck struck the bottom of the bucket that our client was standing in and threw him 20 feet to the street. His head stuck the roadway causing him to suffer a fractured skull, he also suffered a ruptured tendon in his wrist and other serious injuries. A truly miraculous recovery coupled with our client’s strong work ethic allowed him to return to work just eight months after his accident. The defendant denied liability and tried to blame our client for not wearing a harness while working aloft in the bucket and for parking the lift-truck in the middle of the roadway. Following private mediation, the case settled for $360,000.

Student Sexually Assaulted by Professor Settles Case

Shrager, Spivey & Sachs partner Rob Sachs has amicably resolved a case on behalf of a young woman who was a victim of a sexual assault by a professor. The case, which attracted much local publicity, was resolved pursuant to strict confidentiality.

Wayne R. Spivey, Esquire, Obtains Settlement for Patient who Suffered Negligent Surgical Excision of Melanoma

Wayne R. Spivey, Esquire, of the firm Shrager, Spivey & Sachs, recently obtained a substantial settlement on behalf of a 68 year-old Gettysburg man who underwent surgical excision of a malignant melanoma on his forehead in 2001. Sadly, the plastic surgeon who performed the procedure on the gentleman failed to completely remove it, despite being informed by the pathologist that some of the tumor was left behind. As a result of the negligence of the surgeon, the patient's melanoma eventually returned, and his physicians believe that his condition is now terminal.

Attorney Spivey consulted with premier cancer and surgical specialists in an effort to persuade the defendant surgeon to ultimately admit that he made an error that resulted in harm to his patient. Prior to trial in the matter, the surgeon agreed to settle the matter for a substantial amount of money, such that the client and his wife will be financially secure as they continue to seek medical assistance. Exact terms of the settlement are confidential.

Significant Settlement obtained for Negligent Attempted VBAC (Vaginal Birth after Caesarean) resulting in Severe Cerebral Palsy to Newborn

Wayne R. Spivey, Esquire and Victoria J. Koury, Esquire of the firm Shrager, Spivey & Sachs, recently obtained a significant settlement on behalf of a newborn delivered by emergency caesarean section in January 2002.

The infant’s mother had previously undergone a caesarean section years before during the birth of his older sister. During the subject pregnancy, however, the mother’s doctors never advised her of the risks associated with VBAC including possible uterine rupture. These untold risks combined with the doctor’s excessive administration of pitocin and the unexplainable failure to quickly respond to alarming readings on a fetal monitor strip resulted in a ruptured uterus with devastating complications to the baby.

As a result of the negligence of the medical staff and hospital involved in his birth, the infant suffers from severe cerebral palsy. He is permanently brain damaged, is unable to walk unassisted or engage in functional speech. He drools, cannot feed himself, and personal care must be provided to him at all times.

Immediately after his birth, the young boy’s parents recognized the need to retain the best trial lawyers available to challenge the doctors’ and hospital’s denial of responsibility. Attorneys Spivey and Koury retained world renowned medical experts from top institutions across the country to review and ultimately support a lawsuit filed on the family’s behalf. They also employed state of the art technology for use in the courtroom.

Due to the tireless and unwavering efforts of Attorneys Spivey & Koury, the young boy will be financially secure for the rest of his life. The exact amount of the settlement is confidential.

Penn Student Claims Haze Crime

ALLEGING THAT he was severely beaten and “branded” by Alpha Phi Alpha fraternity brothers during an illegal hazing incident, a Penn student is suing his attackers, the local chapter and the national organization in federal court.

E. Martyn Griffen, 21, was an “aspirant” [a pledge] hoping to join the 100-year-old African-American fraternity when he was summoned to a house on Sansom Street near 40th late on the night of Oct. 12, 2005.

Griffen and other aspirants were told by the Alpha Phi Alpha brothers living there that another aspirant had revealed fraternity secrets to a nonmember.

Then, Griffen alleges, he was “repeatedly and violently punched in the thighs by [fraternity brother] Lionel Anderson-Perez,” resulting in “serious and permanent injuries” including ossification [abnormal hardening] of his thigh muscles.

The complaint alleges that fraternity brother Kelechi Okereke placed a rubber band on Griffen's upper arm and repeatedly snapped it until it cut into Griffen's skin, permanently scarring him in “a de-facto branding.”

Fraternity members declined to comment yesterday.

Alpha Phi Alpha's national rules prohibit hazing, defined as “any action... that involves or results in abusive physical contact or mental harassment of a prospective fraternity member.”

The University of Pennsylvania, which was not named in the lawsuit, investigated the incident last month and suspended the Alpha Phi Alpha chapter until July 2008 for violating the school's hazing prohibition.

Speaking from his Little Rock, Ark., home, where he is taking the spring semester off before returning to Penn next fall, Griffen said he'd wanted to join Alpha Phi Alpha because of its commitment to “civic engagement and community involvement.”

On its Web site, the country's oldest and largest black fraternity proudly cites the Rev. Dr. Martin Luther King Jr., Thurgood Marshall, W.E.B. DuBois, Duke Ellington, Andrew Young and Jesse Owens as members who devoted their lives to “scholarship, manly deeds and love for all mankind.”

But its history also includes a 2003 hazing incident at its Southern Methodist University chapter that sent a 21-year-old pledge to the hospital in a coma.

The Dallas district attorney charged eight men with felony assault for allegedly forcing the pledge to drink water until he passed out, then beating him with paddles and punching him in the stomach.

SMU suspended the Alpha Phi Alpha chapter. The pledge eventually recovered.

Griffen said his “extremely painful” beating left his legs moving “differently” from the way they had been.

“The emotional pain never left,” said the junior history major, who continues to receive psychological counseling.

“There was never a day that went by since the incident that I have not thought about why it happened. Never a day.”

“I couldn't come up with any kind of explanation. It is something that is life-changing.”

His father, Appellate Judge Wendell L. Griffen, who is campaigning to become the first black chief justice of the Arkansas Supreme Court, is furious.

“As a father, but especially as an African-American man, this is disturbing because the kind of abuse that my son experienced is the kind of abuse that was associated with slavery,” he said.

“For a black fraternal organization to treat black aspirants the way African-Americans were mistreated and abused during slavery, and to do it in the name of fraternity, is obscene.”

The judge said that “Just as we would be upset if a young person were abused by a teacher or a minister, it is abhorrent to me that somebody would be abused by members of a fraternal organization that he is joining in the name of social uplift.”

He said that as an ordained minister, he is aware that people make mistakes, “But this was intentional, deliberate, calculated, premeditated cruelty – and that, quite frankly, is inexcusable.”

He faulted both the local and national chapters for negligence, as does his son's lawsuit.

Griffen's attorney, Robert L. Sachs Jr., said that the defendants “cannot use, 'He participated; he knew what was happening,' as a defense because of the coercive nature of pledging and the victim's desire to be part of a peer group.”

Alpha Phi Alpha's general counsel, Michael Pegues, said he couldn't comment on a lawsuit he hadn't been served with but that “any individual found to have hazed someone can be expelled from the fraternity, and any chapter found to have engaged in hazing could be dissolved.”

“Our fraternity is about scholarship and community service,” he said. “Neither one of those tenets include hazing.”

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Truck Accident on I-78 In Northampton County settled by Robert Sachs

Shrager, Spivey and Sachs has recently concluded a personal injury case on behalf of a husband and wife from New York who where traveling on Interstate 78 in Northampton County when they had a serious motor vehicle accident with a tractor trailer. Responsibility for the accident was heavily contested between the tractor trailer company and the husband who was driving at the time of the accident. The accident resulted in a very serious liver injury to the wife. Fortunately, she was transported promptly to Saint Luke’s Hospital in Bethlehem where a fast acting trauma surgeon diagnosed and operated on a tear in her liver that required a partial amputation of the liver as well as a detached vein leading from the liver back to the vena cava and which had been torn loose in the accident. If the case had proceeded to trial, it is likely that the surgeon would have expressed his opinion that injuries of this sort carry a 75% fatality rate. The wife has sustained long term injuries including the need for further surgery several years after the accident in order to release scar tissue which have formed underneath her initial incision and which where causing bowel problems. This claim resolved following a lengthily mediation session before the federal magistrate who was scheduled to try the case.

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Shrager, Spivey & Sachs Concludes Settlement in Workplace Explosion which killed 5 in Lehigh Valley

Robert L. Sachs, Jr., handled a claim on behalf of the estate of the only non-employee fatality in one of the worst chemical explosion cases ever in the Lehigh Valley. The complex litigation arising from this tragedy at one point involved over a dozen separate cases filed by the various personal injury claimants and property damage claimants in Lehigh County. Additional cases were filed in Northampton County. Robert Sachs coordinated with other plaintiff lawyers who were handling non-personal injury cases and ultimately negotiated a package which totaled a substantial, but confidential, resolution on behalf of the estate of the non-employee explosion victim.

This case involved several novel theories including one theory against a nationwide chemical company which had extensive business dealings with the local chemical manufacturing company where the explosion took place. Robert Sachs retained a former chemical industry executive who offered his opinion that the “responsible care” program voluntarily adopted by many chemical companies established a duty on the part of the nationwide company as purchaser of the products from the company where the explosion took place. This theory led to a significant contribution to the ultimate resolution.

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Montgomery County Laryngeal Cancer Case Resolved Prior to Trial

Shrager, Spivey & Sachs had the privilege of representing a well-loved southeastern Pennsylvania school principal who died as a result of laryngeal cancer. Our client had been under the care of local ENT physicians for many years complaining of hoarseness. Despite two earlier biopsies and complaints of hoarseness which continued for years, no diagnosis was ever made by his local ENT surgeons and their group. Within ten days of his last visit with his local ENT physicians, he was seen by a university-affiliated ENT physician in Philadelphia who immediately diagnosed the laryngeal carcinoma and initiated all appropriate treatment. Unfortunately for the firm’s client, treatment was initiated too late and he expired as a result of complications of his carcinoma. A confidential settlement was negotiated following court ordered settlement conferences. The case was handled within our firm by Robert L. Sachs, Jr., a partner in the firm.

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Two laparoscopic tubal ligation cases settled by Robert L. Sachs, Jr.

Rob Sachs has recently settled two cases involving injuries to women who were undergoing laparoscopic tubal ligation procedures. One of the cases was pending in Philadelphia County, the other was pending in Camden County, NJ. The injury in both cases was very similar. Both clients received serious vascular trauma to the right iliac artery and vein likely as a result of instrument penetration on the part of the gynecologic surgeon. Both procedures were performed in out patient surgical facilities separate from the hospital. The cases were complicated by factors unique to each client. In the Philadelphia County case, the outpatient surgical facility had an inadequate blood supply available and the record indicates that nurses were dispatched to drive back and forth to the hospital with which the facility was associated in order to obtain more blood. Ultimately, after a lengthy repair procedure, the client in the Philadelphia County case has recovered without any long term complications.

In the New Jersey case, the vascular surgeon who was called on an emergency basis to perform life saving surgery was unable to save the right iliac artery and as a result a bypass was performed using a gortex artificial vessel to take blood from the left femoral artery and re-introduce it to the right leg in order to re-vascularize the client’s right leg. Although the client was without vascular complications several years after the intra-operative trauma, all experts in the case agreed that there are no statistics on the longevity of gortex grafts in such a young patient. Both cases resolved for significant but confidential settlements.

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Spivey is key to new settlement of opt-out diet drug cases with Wyeth

PHILADELPHIA, Feb. 28 /PRNewswire/ -- The Claims Facilitating Committee (CFC), announced today 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. This settlement process was presented less than 30 days ago to the Federal Judge overseeing all Class Members in the Diet Drug Litigation, the Honorable Harvey Bartle, III. The process is designed to facilitate the resolution of lawsuits filed against Wyeth.

“It is simply amazing that within less than 30 days, well over 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, one of the CFC members.

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 of Baron & Budd, another member of the CFC. According to Wayne Spivey 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. All of the Judges whom we have met with have been very supportive of this process.”

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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. In order to participate in the process law firms wishing to participate must elect to do so by February 15, 2005.

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, and allows for payments accordingly. Joining Wyeth in making this motion is Jerry Alexander, Ellen Presby and Wayne Spivey, whose law firm information appears at the end of this release.

“The two settlement vehicles which have been negotiated represent a fair resolution to what has been very contentious litigation. Law firms representing thousands of claimants have already indicated a desire to participate and we expect many more will make this election by the February 15 deadline. Except for cases which are immediately set for trial, Wyeth has shown little interest in resolving cases using any other procedure,” according to Wayne Spivey, who is counsel for several thousand plaintiffs to whom he intends to recommend this settlement.

“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. I intend to recommend this to all of my clients.” Kip Petroff.

Also, Jim Morris of the Provost & Umphrey law firm in Beaumont, 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 to commence on January 18, 2005, before the Honorable Harvey J. Bartle. It is widely expected that Judge Bartle will approve the Seventh Amendment which, together with the initiation of the settlement process announced today, may be a significant step in bringing the diet drug litigation to a conclusion.

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On September 30, 2004, Vioxx®, a popular arthritis drug, was removed from the market by its manufacturer – Merck

This move was in response to a three-year clinical trial that was performed and the results link Vioxx® usage to an increased risk of heart attack and stroke, among other health complications.

Vioxx® users should consult their primary care physician for information on alternative treatment options.

For more information on Vioxx® and your legal rights, please contact the attorneys at Shrager, Spivey, and Sachs. Click here to contact us.

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Robert L. Sachs, Jr., partner with the firm of Shrager, Spivey & Sachs has negotiated a $3.2 million settlement for a 48 year old Mississippi truck driver

Robert L. Sachs, Jr., partner with the firm of Shrager, Spivey & Sachs has negotiated a $3.2 million settlement for a 48 year old Mississippi truck driver who had a spinal dislocation, spinal fractures, and pelvic fractures after a 1,300 pound roll of landfill liner was knocked onto him from his flatbed trailer.

On August 9, 2001, our client was a tractor-trailer driver who was delivering 18 large rolls of geocomposite landfill liner to Waste Management's GROWS landfill in Morrisville, Bucks County. As the client was stowing one of the straps that had secured the load on his flatbed trailer during transit, the Waste Management/GSE forklift operator, began to unload the 1,300 pound rolls using a CAT TH-83 forklift.

Our client was on the driver's side of his trailer near the rear axle when the forklift operator drove toward the trailer from the opposite side. The operator testified that he did not recall having a spotter at the time of this injury - although he agreed that he usually used a spotter to avoid injury those whom he might not be able to see while unloading trailers. He also acknowledged that he “attacked” the top roll with his lift truck in order to force the prongs of the forks under that roll. Unfortunately, the forklift driver was not able to lift the top roll and it was suddenly knocked from the top of the fully loaded trailer onto our client.

After feeling his trailer suddenly lurch, our client only had time to look up, see a dark object falling onto him, and duck his head. The roll that had been on the top of the “pyramid” of rolls at the rear of the trailer struck him at the top of his back then crushed him to the ground. Remarkably, our client did not lose consciousness during or after this accident. Because he did not lose consciousness, he recalled vividly that when he was slammed to the ground he was violently doubled over so that his head was pushed between his legs. The force dislocated and fractured his spine and fractured his pelvis in three different places.

After being rushed to the hospital in Trenton, New Jersey, the client underwent a complex orthopedic and neurosurgical procedure with screws and rods placed in his spine. He remained hospitalized for three weeks.

As a result of the injury, the client is disabled from ever driving a tractor-trailer again. He has constant pain and he has been unable to work since this accident. Miraculously, he is able to walk limited distances and he has retained nearly intact nerve functioning in his lower limbs.

In support of this lawsuit, Shrager, Spivey & Sachs retained multiple experts in the following fields: truck safety; workplace safety; orthopedics; neurosurgery; physical medicine and rehabilitation; vocational rehabilitation and life care planning; forensic economics; computer animation; and structured settlement.

The settlement included a lump sum cash payment and the purchase of a structured settlement annuity which will pay the client a total of $6,000/month for life, increasing every year to offset inflation.

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Shrager, Spivey & Sachs: Wyeth Diet Drug Settlement

PHILADELPHIA, May 5 /PRNewswire/ -- In a joint motion today, Wyeth (NYSE: WYE), National Class Counsel and counsel for a number of individual class members in the national diet drug settlement 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 these less serious claims. The proposed amendment would require Court approval as well as final agreement by Wyeth. If finalized and approved, the proposed Seventh Amendment would include the following key terms:

According to Lawrence V. Stein, Senior Vice President and General Counsel, 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.” The Alternative Claims Facility will be established by Michael Fishbein of Levin, Fishbein, Sedran & Berman, appointed by the Court as Class Counsel for Claimants and additional Claimants' Counsel including Jerry Alexander, of Alexander & Associates, P.C., James Doyle of Fleming and Associates, L.P., Ellen Presby of Baron & Budd, P.C., Tony Martinez of Martinez y Barrerra L.P., and Wayne Spivey of Shrager, Spivey and Sachs, P.C.

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Law firm of Shrager, Spivey & Sachs obtains settlements for improperly medicated newborns given antibiotic containing benzyl alcohol instead of sugar water

Wayne R. Spivey, birth injury lawyer with the firm of Shrager, Spivey & Sachs has negotiated a substantial settlement for two families whose newborn infants were given the wrong medication following their births at a local area hospital. One of the incidents resulted in the death of the newborn; the second child sustained a brain injury.

The first birth injury case involves a couple, married for 12 years. Their baby girl was born by caesarean section. Although born premature, she was active and healthy at delivery. Following her birth, she was given an IV line for the administration of pharmaceutical products such as dextrose and electrolytes. Approximately eighteen hours following her birth, without any prior symptoms, the baby developed severe hypotension, persistent apnea and bradyarrhythmia. The baby was transferred to a Neonatal Intensive Care Unit. Despite the medical staff's best efforts, the baby's condition continued to deteriorate, leading to her untimely death. The parents investigated the cause of their daughter's death. During the first weeks following the infant's death, the parents were reassured by officers of the hospital that every effort would be made to determine the cause of death, including an investigation into whether or not medication which had not been prescribed had been inadvertently administered. The hospital obtained the parents' consent to conduct extensive post-mortem tissue examination. The circumstances leading to the baby's death were never fully disclosed to the parents by the hospital. Eventually, the parents retained the birth injury lawyers at Shrager, Spivey & Sachs in Philadelphia, Pennsylvania to investigate the circumstances surrounding the death of their daughter.

A few weeks later, a baby boy was delivered at the same hospital. The baby boy was active and healthy at delivery. This baby was also given an IV line for the administration of dextrose and electrolytes. On January 11, 1999, while in the arms of his father and in the view of his mother, the baby became dusky and cyanotic, and shortly thereafter suffered a respiratory event leading to cardiovascular collapse. This child was also transferred to a local NICU. The baby suffered a series of physiological derangements including apnea, bradycardia, hypotension, development of liver failure, consumptive coagulopathy and persistent metabolic acidosis. This family also retained the firm of Shrager, Spivey & Sachs to investigate the circumstances surrounding this birth injury to their son.

The investigations by the birth injury lawyers at our Pennsylvania practice revealed that these babies were administered a medication which had not been prescribed to them, clindamycin, a potent antibiotic, in a solution containing benzyl alcohol, which is known to be harmful and even lethal to infants. The clindamycin was packaged in a bottle similar to the dextrose contained within the pharmacy of the hospital. When mixing the IV for these babies, the pharmacists mistakenly placed clindamycin in the IV, thinking it was dextrose.

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Law firm of Shrager, Spivey & Sachs obtains jury verdict for infant with brachial plexus injury – $2,289,856.00

Late in the evening on August 5, 2002, a Berks County, Pennsylvania jury awarded an infant and his parents $2,289,856.00 in the birth injury case against the Reading Hospital and Medical Center and Fredericka Heller, M.D., in a birth injury medical malpractice case involving issues surrounding the labor and delivery of Bailey Boyer on May 8, 1998. During the course of the delivery, Bailey developed shoulder dystocia, a condition in which the baby's shoulder becomes lodged against the mother's pelvis at a point in time after the head has already been delivered. The issues at the birth injury trial concerned Dr. Heller's efforts to dislodge the shoulder, as well as those of the nursing staff in attendance. Plaintiffs alleged at trial that birth injury was caused because Dr. Heller used improper techniques and excessive traction in attempting to dislodge the shoulder, causing several of the major nerves of the brachial plexus to be torn from Bailey's spinal cord. This left him with severe and permanent limitations in the use of his right arm and hand. Central to the plaintiffs' allegations was the fact that the actions allegedly taken by Dr. Heller and the nursing staff to dislodge the shoulder and prevent birth injury were not documented in the hospital records. The birth injury lawyers Shrager, Spivey and Sachs in Philadelphia established at trial that Bailey had been turned 180E after the shoulder had impacted but before any of the standard maneuvers had been performed. Our birth injury lawyer s contended that the avulsion or tearing of Bailey's spinal cord nerves occurred during the course of this 180E turn and was the result of excessive traction applied to the baby's head.

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Law firm of Shrager, Spivey & Sachs obtains jury verdict for small child with brachial plexus injury – $320,000.00

On June 27, 2002, a Berks County, Pennsylvania jury awarded a three year old and her parents $320,000.00 against the Reading Hospital and Medical Center and $80,000.00 against Barry E. Graham, M.D. and AGES Obstetrics and Gynecology, Inc. This case involved medical malpractice and birth injury surrounding the labor and delivery of Katelyn Kleinsmith on April 18, 1999.

On September 16, 1998, Leigh Kleinsmith, then 24 years of age, came under the care of AGES Obstetrics & Gynecology, P.C. for her first pregnancy, with an expected due date of April 24, 1999. The pregnancy was complicated by fetal macrosomia. On April 18, 1999, at approximately 4:20 A.M., Mrs. Kleinsmith was admitted to Reading Hospital under the service of Dr. Graham, one of the AGES physicians. Mrs. Kleinsmith was accompanied by her husband, and her mother, Linda Miller. Both family members were present throughout. By 10:00 A.M., Mrs. Kleinsmith was fully dilated and was instructed to begin pushing. She continued to push for three (3) hours with minimal progress. At this point, Dr. Graham considered performing a Caesarean section, and a consent form was signed. Thereafter, it was decided by Dr. Graham to continue with a low forceps delivery. During the process of delivery, shoulder dystocia was diagnosed by Dr. Graham. This is a condition in which the baby's shoulder becomes lodged against the mother's pelvis at a point in time after the head has already been delivered. Efforts to deliver minor-plaintiff included the application of fundal pressure, documented by Linda Miller in notes she made shortly following the delivery. Katelyn Kleinsmith was delivered at 1:27 P.M. on April 24, 1999, weighing 9 pounds, 2 ounces with Apgars of 3 and 8. Subsequently it was determined that she suffered a brachial plexus birth injury to her left shoulder due to the alleged negligence of the defendants in applying fundal pressure and excessive traction.

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If you would like to learn more about our settlements and verdicts, please contact our office in Philadelphia. The personal injury attorneys of Shrager, Spivey & Sachs will review your case.

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Shrager, Spivey & Sachs
2300 One Commerce Square
2005 Market Street
Philadelphia, PA 19103

Ph: 800.568.5868
Fx: 215.568.7495

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