201107.15

One Million Dollars Award for Slip on a Dustsheet

A New York widow has been awarded more than one million dollars in personal injury compensation, after she slipped on a carelessly placed plastic dustsheet while renovation work was being done on her studio apartment.

Marie Wilson (89) of Manhattan, New York, sustained her injury in March 2009, when workmen were in the process of installing replacement windows. Her landlord and the workmen had moved furniture away from the window area and laid plastic dustsheets in order to protect the floor. However, one of these dustsheets had been laid carelessly, and it was on this sheet that Marie slipped.

Her injuries required that she undergo hip replacement surgery and extensive physical therapy and, for a long period after her surgery, the former avid walker had to use a walking aid in order for her to remain mobile.

After taking legal advice, Marie sued the landlord and property management agent – Caran Properties Inc. – and the contractors – Skyline Windows LLC – for a breach in their duty of care. At the Supreme Court of Bronx County a jury found the co-defendants to have been negligent and awarded Marie 450,000 dollars for past pain and suffering and 600,000 dollars for future pain and suffering.

201107.14

Bar Found Negligent in Providing Alcohol to Drunk Driver

Owners of a bar at a Texas golf club have been ordered to pay almost one million dollars to the family of a driver who was killed in a road traffic accident, after they served alcohol to the customer responsible for causing the vehicle collision.

Lance Shelter (42) was tragically killed in a road traffic accident when the car he was driving was in collision with a vehicle driven by a golfer who had been served alcohol when already displaying signs of intoxication.

District Court Judge Dana Womack heard at Fort Worth District Court, Texas, that the Southern Oaks Golf Club in Burleson, Texas had sold 12 cans of beer to Mark Charles Pierce prior to him starting his round of golf.

Southern Oaks employees sold Pierce a further six cans of beer after he had played nine holes, and then a mixed alcoholic drink at the conclusion of his round, despite Pierce showed signs of intoxication. Pierce then drove from the golf club, and was responsible for the accident that killed Lance Shetler, a father of three and inventor of medical devices that benefited children.

Claiming that Lance would still be alive had the Southern Oaks Golf Club adhered to their own policy against over-serving patrons, his family sued the bar owners and won their case – being awarded almost one million dollars in wrongful death compensation by Judge Womack.

201107.13

Mesothelioma Chemist Awarded 2.5 Million Dollars

in Mesothelioma, Workplace Compensation Claims

A New York chemist has been awarded 2.5 million dollars in personal injury compensation after being diagnosed with mesothelioma cancer due to working with asbestos.

James Ginter of Buffalo, New York, was employed by the Durez Plastics company of North Tonawanda, New York from 1979 as a laboratory chemist. The company produced industrial resins and phenolic moulding compounds for the automobile industry and, as part of his duties, James was required to use a Friction Assessment Screening Test Machine, manufactured by car-maker Ford Motors.

In the process of using this machine, James had to grind experimental friction products used as car brakes – products which contained asbestos, and which produced a visible cloud of asbestos dust while the filing operation was under way. Despite being aware of the harmful effects of asbestos, Ford Motors manufactured this machine without providing any warnings about its use.

After seeking legal advice, James took both the Durez Plastics company and Ford Motors to court, claiming that they were jointly responsible for his incurable condition. After a two week trial at the Erie County Supreme Court, a jury found in favour of James and awarded him 2.5 million dollars, with liability shared between the two defendants.

201107.12

Street Cleaner Awarded over 5 Million Dollars for Ankle Injury

in Workplace Compensation Claims, Workplace Injuries

A New York City sanitation engineer, who suffered an ankle injury when a colleague ran over his leg in a forklift truck, has accepted 5,250,000 million dollars in compensation in an out-of-court settlement.

Andrew Anderson (37) from New York City, was assisting the colleague install a snow plough to the forklift truck when the accident happened in early 2008. His colleague accidently ran over Andrew´s ankle, causing a severe ankle fracture which required two surgeries to correct.

Andrew also developed reflex sympathetic dystrophy during post-operative complications and sustained foot drop – for which he now requires the use of a foot brace. Since his accident, Andrew has been unable to work and been forced to take early retirement from the City of New York.

After taking legal advice, Andrew sued the City of New York for his injuries. Liability was not disputed and the case was heard in the New York Supreme Court for assessment of damages. However, shortly before the jury were about to begin their deliberations, lawyers on the two sides reached a negotiated settlement of 5,250,000 dollars to compensate Andrew for personal injury, lost earnings and loss of consortium.

201107.05

Defective Hernia Patch Manufacturer Pays $184 Million to Settle

in Product Liability Claims

The manufacturer of the Composix Kugel mesh hernia patch has agreed to pay 184 million dollars to settle outstanding lawsuits against the company following the recall of its product in December 2005.

C.R. Bard, and its subsidiary Davol Inc., first recalled the product when the US Food and Drug Administration (FDA) discovered that the patch´s memory recoil ring could fail once being inserted into a patient. The FDA determined that the failure of the recoil ring to spring back open after insertion could, in the most serious cases, cut into the surrounding tissue and potentially perforate the intestines or bowel – causing serious injury or even death.

In total, more than 2,700 product liability and personal injury claims were made against the company following the recall – claims which C.R. Bard refuted. The company stated that they had acted responsibly by ordering a recall at the first sign of a problem and, in the first test trial against them, a jury agreed.

However, when a North Carolina court found in favour of a plaintiff who had suffered injury due to the Composix Kugel mesh hernia patch, and awarded them 1.5 million dollars, the company was forced into a rethink.

The news that they have now decided to settle the remaining claims for personal injury compensation will come as a huge relief to those who have waited for years to be compensated for the injuries they have suffered.

201107.02

New Zealanders Barred from Suing DePuy

in DePuy ASR Hip Replacements

New Zealand hip replacement patients, who have been implanted with the faulty DePuy ASR Hip Replacement Systems, have been told that they will not be allowed to join class action suits being filed against Johnson and Johnson in Australia and the USA due to laws governing compensation claims in New Zealand.

Under the Accident Compensation Act 2001, New Zealanders are not able to claim for pain and suffering in cases of this nature and, although able to sue for emotional trauma, are unlikely to get a fraction of the compensation potentially available elsewhere in the world.

James Elliott, an ex-lawyer and victim of a faulty DePuy ASR Hip Replacement System, had been in the progress of co-ordinating a group of 28 New Zealanders whose ASR hip system has had to be replaced with another product.

He claims that in a letter to him from Johnson and Johnson, he was advised that the Accident Compensation Commission bar would prevent him and others from suing the company and they offered him out-of-pocket expenses for any costs he had incurred during his hip replacement therapy.

Elliott will continue to fight for compensation for himself and his fellow victims. He said that a company the size of Johnson and Johnson should “step up and do the right thing”, claiming that it would be morally reprehensible if the company failed to offer reasonable compensation.

201106.29

Brain Injured Passenger Awarded 4.2 Million Dollars

in Passengers in Car Accidents, Road Traffic Accident Claims

A Canadian man, who suffered severe brain damage when the vehicle in which he was a passenger was involved in a collision with another car, has been awarded 4.2 million dollars in one of Ontario´s biggest road traffic accident lawsuits.

Larry Greenlaw (52) of Angus, Ontario, was a passenger in his friend´s Toyota Echo when, in February 2007, it was involved in a road traffic accident with the Subaru Impreza driven by Luc Saulnier. Larry´s friend, Benjamin Dunnett, Saulnier and two passengers in Saulnier´s car were transported to Royal Victoria Hospital by ambulance with non-life-threatening injuries, but Larry had to be airlifted to the Royal Victoria Hospital and then transferred to Sunnybrook Health Sciences Centre in Toronto, where he spent one month in and out of consciousness with bleeding in the brain.

As a result of the accident Larry sustained a catastrophic brain injury, resulting in severe cognitive impairments, and requires 24-hour care along with on-going treatment.

At the court hearing in Barrie, the jury heard that Larry does not understand that he is no longer the same as he once was and wonders why he needs a “babysitter”. His condition was likened to Alzheimers and the jury heard that, because of this, Larry cannot be left along for longer than five minutes.

The action had been filed against both Dunnett and Saulnier – with both denying liability for Larry´s injuries – however, after a five day trial, the jury found Dunnet (the driver of the car in which Larry was travelling) 80% responsible for his injuries and Saulnier 20% liable.

Larry and his wife were awarded 4.2 million (Canadian) dollars to cover the costs of his ongoing care which was understood to be the largest amount ever awarded in a juried personal injury trial in Barrie.

201106.28

Wrongful Death Compensation for Family of Murdered Prisoner

in Wrongful Death Claims

A jury in the Comanche County Court, Oklahoma, have found in favour of a family claiming wrongful death compensation against the Oklahoma Penal System after a family member was murdered in a brutal cell attack.

The family of Ronald Sites (48) – who died when his cellmate, Robert Cooper, strangled him in January 2005 – claimed that the Geo Group Inc and The Wackenhut Corrections Corporation, operators of the Lawton Correctional Facility had a duty of care towards Ronald to maintain him in a safe and secure manner.

Sites had been a former law enforcement officer who had an existing brain injury condition which left him unable to control his constant talking. Prison officers failed to educate the inmates about Sites’ medical condition and, as a result, Sites was the subject of extreme harassment to which the prison staff and officials turned a blind eye.

Under standard protocol, prison staff at the Lawton Correctional Facility were under a duty to keep Sites in protective custody and in an individual cell. However, prison officials ignored the restriction and placed him in a shared cell with Cooper.

Cooper was a convicted murderer who had already stabbed another inmate and did time in isolation because he admitted to a counsellor that he fought off the urge to kill a prior cellmate. Standard protocol dictated that Cooper also be given a single cell to protect other inmates from his aberrant behaviour.

Cooper strangled Sites on January 29, 2005 and prison staff were unaware that Sites was dead until the following morning.

In their action against the Geo Group Inc and The Wackenhut Corrections Corporation, the family alleged that the private corporations had been negligent and recklessly disregarded Sites´ civil rights. They further claimed that the duty of care they provided for Sites fell below that of industry standards.

After a ten day hearing, the civil jury at the Comanche County Court took three hours to find in favour of the Sites family, and awarded them $6 million in actual damages and $500,000 in punitive damages against the defendants.

201106.27

British Man wins Australian Compensation for Fight Injuries

in Personal Injury Claims

A British man, injured in a fight when defending his brother, has been awarded almost 14,000 Australian dollars victims-of-crime compensation by an Australian Capital Territory magistrate´s court.

David D’Ambrosio, who was born in Canberra but now works in England as a personal trainer, was visiting his brother in January 2010 when they were set upon by a group of men just as they were concluding a night out with friends in the town of Civic.

In the fracas, David suffered an irreparable tear to a ligament in his knee and needed two reconstructive surgeries as a result. His injuries meant that he was unable to fly back to the UK as planned and missed a considerable time from work.

After hearing evidence from David´s legal representatives, Magistrate Maria Doogan ordered that he receive 9,776 Australian dollars for the costs of his medical expenses, 840 Australian dollars to compensate for his airfare and a further 3,341 Australian dollars for his subsequent loss of earnings.

201106.24

Samsung Ordered to Pay Compensation to Cancer Victims

in Workplace Compensation Claims, Workplace Injuries, Wrongful Death Claims

A court in South Korea has ordered the giant electronics company to pay compensation to the families of two of its employees after they died from acute myeloid leukaemia.

In an action brought by the father of 22 year old Yu-mi Hwang, it was claimed that the working conditions at the company´s semiconductor plant in Gyeonggi Province exposed Yu-mi and an ex-colleague to toxic chemicals and ionising radiation which caused their illnesses.

Mr Hwang had originally been told that Yu-mi had died from a natural abnormality, but when a second employee also died of the disease, he became suspicious and started an investigation. As he dug deeper, he discovered that there had been many more deaths and illnesses suffered by Samsung employees engaged in cleaning the silicon crystals used in the manufacture of integrated electronic circuits.

Samsung denied the claim, stating that there was insufficient scientific evidence to determine accountability, but the South Korean court found in Mr Hwang´s favour, stating “It is fit to say there is a link between their leukaemia and their careers”.

The ruling could have a significant impact in the UK, where it has been claimed since the 1990s that a health risk exists at the National Semiconductors UK factory in Greenock, Scotland. An investigation by the Health and Safety Executive (HSE) discovered that women who worked at the plant developed a higher rate of lung, stomach and breast cancer, and men recorded a higher rate of brain cancer.

However, the HSE chose to take no further action – choosing instead to monitor the situation in the semiconductor industry as a whole.

201106.24

Deceased Woman Wins Claim against Nursing Home

in Medical Negligence Claims

The heirs of a woman who fell and broken her left leg due to the alleged negligence of an Illinois nursing home, have won their claim for personal injury compensation after a trial which lasted a full week.

Delia Marguerite Giannini (now deceased) resided at the Rosewood Care Centre in Swansea, St. Clair County until her recent death. In 2006, she sued the nursing home following a fall the previous year in which she broke her left femur above the knee. In her claim she alleged that the nursing home had failed to take measures to prevent a fall in line with an anti-wandering policy the nursing home had implemented.

In their defence, the Rosewood Care Centre that the leg broke first and this caused the fall – stating that it was not possible to allocate a member of staff to watch Mrs Giannini at all times. However, the jury found in favour of the claimant and awarded the administrators of her estate 10,000 dollars in respect of the pain and suffering she would have experienced at the time of the accident.

201106.21

Back Seat Victim of Drunk Driver Awarded 15.4 Million Dollars

in Car Accident Claims, Passengers in Car Accidents, Rear End Car Accidents, Road Traffic Accident Claims

A 22 year old handyman, whose life was shattered when the car in which he was a back seat passenger was struck from behind by a drunk driver, has been awarded 15.4 million dollars in the Supreme Court of Florida.

Dwight Grant of Fort Lauderdale, Florida, was seated in a friend´s stationery car, when it was struck from behind at speed by a car driven by Matthew Lyons of Fort Lauderdale, Florida. Dwight sustained multiple skull fractures, frontal lobe brain damage and facial injuries in the collision and spent two weeks in intensive care having reconstructive surgery.

Following his discharge from hospital, Dwight developed a seizure disorder that could not be controlled by medication and Judge Mily Rodriguez-Powell at the Supreme Court of Florida heard that the damage that had been done to Dwight´s brain affected his decision making ability and short-term memory. It was testified that Dwight will never be able to work again.

The claim for personal injury compensation was brought against Matthew Lyons when it was discovered that Lyons was nearly four times over the legal alcohol limit when the accident happened, and it took a six person jury panel very little time to find in favour of the plaintiff.

Their award of 15.4 million dollars compensates Dwight for past and future pain and suffering (6 million dollars), past and future medical care (6.7 million dollars) and past and future loss of earnings (2.7 million dollars).

201106.14

31.4 Million Dollars in Defective Boat Design Compensation

in Product Liability Compensation

Two Californian students, who suffered horrendous injuries when they were swept out of a defectively designed boat and into the path of its spinning propeller, have been awarded over thirty million dollars between them in personal injury compensation.

Niki Bell (27) and Bethany Wallenburgh (26) were enjoying a day out with friends on Lake Oroville in August 2006 aboard a friend´s MasterCraft X-45 24-foot-long boat. As the boat turned to collect a fallen wakeboarding colleague, the boat submerged unexpectedly – sweeping the two girls off of the bow and into the propeller.

Niki was struck three times in the head by the propeller as the boat passed over her – slicing into her skull, through her brain and across the front of her face. She now requires permanent care due to the brain damage she sustained. Bethany fell into the water feet first and suffered severe injuries to her back, leg and elbow from contact with the propeller.

In an investigation into the accident, it was discovered that the design of the boat featured a hole in the anchor locker which enabled water to enter the boat and go into the hull. Users of the boat would be unaware that the boat was taking on water, and when the boat dips – as when turning sharply in the tragic accident – huge amounts of water pours in, making the boat unstable.

The parents of the two girls brought a civil case against the designers and manufacturers of the boat – MasterCraft of Tennessee – claiming that the design was not safe and that certain other factors – such as the lack of adequate handrails on the bow of the boat – made the boat defective and unsafe for use.

They were supported in their action during the 49 day trial at the Butte County Superior Court by a former MasterCraft employee, who testified that the boat had been designed by combining elements of two existing designs to create the X-45, and the company had never evaluated whether it would perform safely.

The twelve person jury deliberated for two and a half days before announcing that they agreed with the claimants that the boat was unfit for use and awarded the sums of 30.9 million dollars to Niki´s family and 530,688 dollars to Bethany. Concern was also expressed that there are almost one thousand more MasterCraft X-45 boats on American waters, and their owners are unaware of the potential for horrendous and potentially fatal injury.

201106.14

300,000 Dollar Award in Bus Crash Injury Claim

in Road Traffic Accident Claims

A New York woman, who sustained severe neck injuries in a bus crash, has been awarded 300,000 dollars personal injury compensation at the St. George Supreme Court, Staten Island.

Lydia Batson (61) of Graniteville, New York, was a passenger aboard the Manhattan bound X17 bus, when it was in collision with a another vehicle at the Verrazano-Narrows Bridge toll plaza on July 27. 2006.

Lydia suffered neck injuries which aggravated a pre-existing condition stemming from a similar incident three years previously, and had to undergo surgery to repair the aggravated condition and three neck discs injured in the most recent accident.

After seeking legal advice, Lydia filed for personal injury compensation against the City Transit Authority and, following medical testimony which confirmed Lydia´s claim, a jury at the St. George Supreme Court found in her favour and made the compensation award of 300,000 dollars.

201106.12

UK Schools in Firing Line over Compensation Payments

in Child Injury Claims, Personal Injury Claims

Two recent freedom of information requests have revealed the volume and amounts of personal injury compensation payments being made to children in UK schools.

In the first, it was disclosed that over 30,000 pounds was paid out by local education authorities in Middlesbrough between 2008 and 2011. Incidents where a child trapped their finger in a school gate (3,750 pounds) and a child fell while jumping between benches (4,500 pounds) were highlighted, with the biggest compensation settlement being for a child who was scalded by a hot drink which fell from a teacher´s desk (11,000 pounds).

Further south in Rotherham, local councils have paid out over 57,000 pounds to injured pupils during a five year period. The largest payment was made to a pupil who was injured during a trust building exercise suggested by his teacher (15,000 pounds) when he was dropped by a fellow student. Further payments were made to a pupil who suffered a head injury when struck by a falling shelf (11,000 pounds) and to a girl who broke her wrist during a trampoline accident (1,000 pounds).

Many of these personal injury claims are uncontested and settled out of court and, although schools have a duty of care to children in their protection, a spokesperson from the Campaign for Real Education warned against the dangers of frivolous claims being taken too far. James Wharton, the Conservative MP for Stockton South also added that “People should not feel entitled to claim for any minor incident, though, of course, where there has been a serious injury there needs to be redress.”

201105.31

Fork Lift Foot Injury Wins Victim 550,000 Dollars

in Forklift Accident Claims

An unnamed Los Angeles man has won 550,000 dollars in an out-of-court compensation settlement, after his foot was badly injured in a fork lift truck accident at a local meat distribution warehouse.

The man, who is a 39 year old Los Angeles restaurateur, was in the courtyard of the meat distribution warehouse when a warehouse employee backed a fork lift truck out of the warehouse building and, without looking in his rear view mirror, ran over the plaintiff´s left foot.

The victim was rushed to Los Angeles County/USC Medical Centre, where he underwent emergency surgery to save his foot. After taking legal advice, the man sued the meat distribution warehouse for public liability compensation and has now agreed to an out of court settlement of his claim for 550,000 dollars.

201105.31

Man to Receive 1.6 Million Dollars for Leg Lost in Grain Bin

in Farm Accidents, Farm Injury Claims, Industrial Accidents, Product Liability Claims, Product Liability Compensation, Workplace Injuries

A man, whose right leg was severed when it became trapped in a grain bin, has been awarded 1.6 million dollars in a product liability compensation claim against the designer of the grain bin – Ken Babcock Sales Inc. of Hiawatha, Kansas – and his employer – the Fredonia Cooperative Association of Fredonia, Kansas.

Sam Rollings (23), of Wilson County, Kansas, was sweeping out corn in the grain bin in January 2007, when he slipped and his right foot became entangled in the drag chain of the grain bin conveyor system. His leg was pulled into the machine and Sam suffered such severe injuries to his right foot and lower leg that surgeons could not save it.

In an action against the designer of the grain bin and his employer, it was claimed that there were no protective barriers or guard rails in the grain bin, and that no instructions or warnings were ever issued to employees working in the grain bin about the hazards which were present. Claiming personal injury due to product liability, the case was tried before District Court Judge David Rogers of the District Court of Wilson County, Kansas.

After seven hours of deliberation, the jury agreed with Sam that both Ken Babcock Sales and the Fredonia Cooperative Association were jointly responsible for his injuries, and awarded a total of 1.6 million dollars to cover a loss of earnings, past medical expenses and future medical care.

201105.26

Kraft Settles in $8 Million Pollution Class Action

in Personal Injury Claims

Kraft – owners of Cadbury´s Chocolate and manufacturers of Cracker Barrel, Philadelphia and their own brand of Cheeses – have settled an $8 Million class action suit brought against them by residents of Attica, Indiana.

The residents of 124 homes in the city alleged that a nearby Kraft factory had polluted the local air with vinyl chloride – a known human carcinogen – and had contaminated the local water supply with trichloroethylene (TCE) and tetrachloroethylene (PCE).

Testing in the Attica homes had revealed the presence of vinyl chloride, and residents demanded both compensation for the ill health caused by Kraft´s polluting activities and also that the company clean up its factory site and nearby ground water.

Under the terms of the agreement, Kraft will also install mitigation systems in homes which have been affected and individual plaintiffs will still have the right to bring individual compensation claims should they become sick as a result of the pollution.

201105.26

Chromium and Cobalt Poisoning Claims in New DePuy Lawsuit

in DePuy ASR Hip Replacements, Product Liability Claims

A West Virginia woman has filed a lawsuit against Johnson and Johnson, the manufacturers of the recalled DePuy ASR hip replacement systems, which includes a claim for biologic toxicity compensation.

Delores Hatcher, from Wheeling, West Virginia, underwent replacement hip surgery on her left hip in November 2009. Within months on having the Depuy ASR Hip Replacement System implanted, she started to experience severe pain in her hip which left her unable to walk for any length of time

In April 2011, Delores´ doctor found high levels of meta-cobalt and chromium-1 in her blood – factors which are known to cause neurological problems such as confusion, hand tremors, cognitive decline, headaches and cardiological dysfunction

In addition to suing for product liability, Delores contends that Johnson & Johnson concealed the defects of the hip replacements when marketing the products and also alleges unjust enrichment against DePuy and Johnson & Johnson, noting that the U.S. Attorney’s Office charged the companies for aggressively marketing the metal-on-metal implants by paying illegal kickbacks to doctors and medical facilities.

201105.25

3 Million Dollar Settlement for Cruise Ship Slip Injury

in Compensation Claims, Personal Injury Claims

A woman, who slipped and fractured her knee cap on a Carnival cruise ship, has been awarded almost three million dollars in damages.

Denise Kaba from Florida was a passenger on the Carnival Pride in August 2009, when she slipped and fell on the pool deck which had been treated with a resin that made it hard and slippery when wet.

As a result of her slip and fall, Denise suffered a fractured patella and had to undergo surgery six times to enable it to heal correctly. It was also claimed in her action at the U.S. District Court for the Southern District of Florida that she may have to have total knee replacements in the future.

Denise´s legal representative alleged in court that Carnival were aware of previous injuries associated with slips on the pool deck since it had been treated, yet had done nothing to make the surface safer or warn travellers of the potential dangers.

Agreeing with Denise that Carnival were liable for her injuries, U.S. District Judge Ursula Ungara awarded 2,998,155.70 dollars in damages, consisting of more than 220,000 dollars in past medical expenses, nearly 375,000 dollars in future medical expenses, just over 170,000 dollars in loss of earning capacity, 200,000 dollars for pain and suffering in the past and nearly 2 million dollars for future non-economic damages.

Injury Claims News