Personal Injury News: Pick Of Last Month: November-2023

A 23-year-old tourist in New York City has recently concluded a settlement stemming from a tragic incident at the 14th St. PATH Train Station in January 2020.
 
The plaintiff suffered life-altering injuries, enduring a below-the-knee amputation of one leg and a partial amputation of the opposite foot after falling onto the train tracks.
 
The lawsuit, filed on behalf of the plaintiff, alleged that both train operators involved in the incident failed to acknowledge her presence on the tracks, leading to the severe injuries she sustained. The first operator overlooked her on the tracks, and the second, though aware of her presence, did not react promptly enough to prevent the tragic outcome. The plaintiff remained on the tracks for approximately 7 minutes before the first operator struck her and an additional 16 minutes before the second train hit her.
 
The legal action also contended that Summit Security, responsible for track monitoring via video surveillance, neglected to promptly alert the train operators to the perilous situation.
 
The defense argued that the plaintiff fell onto the tracks due to intoxication, asserting her sole responsibility for the accident and resulting injuries. They further claimed that the plaintiff was not visible due to wearing black clothing.
 
Following a comprehensive legal process, the case has been settled for $20 million, with the Port Authority and Summit Security each contributing 50% to the settlement amount. Both parties explicitly disclaimed liability. The resolution's objective is to provide the woman with the necessary support and resources to navigate the physical, emotional, and financial challenges arising from this tragic event.
 
The woman and her legal team express gratitude for the thoroughness of the legal process and hope that this settlement underscores the significance of safety measures and accountability.

St. Johns County Commissioners unanimously approved a $6.3 million settlement for a lawsuit stemming from a 2019 crash involving a St. Johns County Sheriff’s Office deputy.
 
The Florida Highway Patrol (FHP) reported that the deputy, attempting a U-turn, collided with two motorcycles, one driven by the plaintiff.
 
While the deputy's intention behind the U-turn wasn't clear, the FHP and a Sheriff’s Office review board found him at fault. The incident took an emotional toll on the deputy, according to a Sheriff’s Office spokesperson.
 
The crash left the plaintiff unconscious for three months, requiring a ventilator and feeding tube. She sustained a traumatic brain injury, kidney failure, and long-term disabilities, rendering her "totally disabled." The woman, facing homelessness, expressed financial struggles to maintain her health.
 
The settlement, totaling $6.3 million, will address ongoing medical needs and compensate for the plaintiff's inability to work. Funding for the settlement will be sourced from both the county’s general fund and the Sheriff’s Office budget.
 
St. Johns County Commissioners acknowledged the tragic circumstances and opted for a resolution to support the plaintiff's recovery and well-being.

A DeKalb County jury has mandated Emory University Hospital to pay over $30 million in one of its highest medical malpractice case payouts. 
 
The verdict stems from a 5-year civil case against Emory Healthcare Incorporated, where medical staff allegedly overlooked a critical scan that could have saved the life of a 20-year-old undergoing a heart transplant.
 
The jury awarded $38.6 million to the grieving mother, marking a significant moment of closure for her after six years of legal battles. Her son tragically passed away in 2017 during a heart transplant procedure. The lawsuit claimed that the medical team neglected to perform a chest CT scan, a crucial step due to the young man's history of congestive heart failure and a medical heart pump.
 
The boy had been living with a dormant virus that attacked and destroyed his heart, a condition discovered in 2016. The lawsuit contended that a pre-operative chest CT would have revealed a critical structure attached to the back of the chest. According to attorneys, experts from Harvard University reviewed the case and concluded that if the CT scan had been conducted, the young man might still be alive.
 
During the legal proceedings, the defendant's attorneys argued that using a chest CT was not a standard practice for them. Despite this, the substantial jury award highlights the gravity of the alleged oversight and its devastating consequences. The young boy lost two-thirds of his blood during the procedure, leading to a prolonged period on life support until his eventual passing on Christmas Day after six weeks.

In a landmark case, a Maricopa County jury has determined that the actions of Banner Health and one of its doctors resulted in severe brain damage to a boy during delivery, leading to the largest medical malpractice award in Arizona's history.
 
The plaintiff was granted approximately $31.5 million, marking a significant legal victory. The lawsuit, initiated in April 2020, alleged negligence during the delivery of the plaintiff's son, causing insufficient oxygen supply and subsequent cerebral palsy. Banner Health and its employee doctor were found negligent, with the jury determining that the health provider had 33 warning signs of the oxygen deprivation but failed to take appropriate action.
 
The plaintiff's legal team argued that Banner Health acknowledged in the trial that the drugs administered during delivery would intensify contractions, prolong them, and deprive the baby of oxygen, but they neglected to address the issue.
 
The trial, which commenced on October 23, 2023, highlighted Banner Health's claim that fetal heart monitoring records were "lost" during a data migration. The plaintiff struggled to prove her case due to the alleged loss. However, an expert contested this, stating that Banner Health is legally obligated to maintain all medical records, making the claim implausible.
 
The jury assigned 57% responsibility to Banner Health and 43% to the operating doctor. Banner Health, in response to the verdict, expressed disagreement and stated they are exploring options, including a possible appeal.
 
The plaintiff, hopeful that the awarded funds will aid in addressing the challenges associated with raising a child with cerebral palsy, emphasized the need for various accommodations, from a robotic walking device to an accessible vehicle and trained caregivers. She plans to share the details of the case with her son when he is older, ensuring he understands the circumstances surrounding the legal proceedings and the significance of the verdict.

A Salem man falsely arrested and subjected to excessive force by a Salem police officer has been awarded $3.15 million in damages by a Portland jury.
 
The incident occurred as the man was working on a car near his home. The police officer, without proper cause, accused him of stealing the car. The officer forcefully grabbed the man's arm, twisted it behind his back, shoved him against the patrol car hood, and executed a move known to cause serious injury by pushing the man's arms upward. Subsequently, the officer handcuffed and placed him in the patrol car.
 
For the damages incurred due to excessive force, the jury awarded the plaintiff $150,000 for economic damages. This amount is intended to cover the costs of medical treatment, including surgery, for the shoulder injury inflicted during the arrest. Additionally, $1 million was granted for noneconomic damages, encompassing pain, suffering, and emotional distress. To serve as a punitive measure, the jury awarded $2 million in punitive damages.
 
The incident took place in the early hours of September 17, 2021, while the plaintiff and two other men were working on the car. The officer accused them of attempting to steal the vehicle upon arrival. The plaintiff, feeling targeted, informed the officer that he resided on the premises, no one had called the police, and the officer should leave. Despite this, the officer persisted, leading to the arrest.
 
During the trial, the plaintiff argued that he was being profiled and stereotyped. The defendant, an eight-year veteran of the Salem Police Department, claimed he used force because the plaintiff was resisting arrest. However, he denied pushing the plaintiff's arms up behind his back. The jury, after considering testimony from those involved, expert opinions, and security video evidence, sided with the plaintiff, highlighting the injustice and excessive force exerted by the police officer.

On September 2, 2017, a tragic head-on collision in Valencia County forever altered the lives of a 4-year-old boy and his aunt.
 
The aunt faced an impossible choice as a vehicle in her lane approached at 70 mph in a 35 mph zone. With limited options, both cars mirrored each other's actions, resulting in a devastating head-on collision.
 
Regrettably, the aunt lost her life, heroically shielding her young nephew from the impact. The collision inflicted severe physical and emotional injuries on the 4-year-old, leading to emergency abdominal surgery to address internal bleeding.
 
Just five days before the collision, the aunt, recognizing the need for additional protection following a recent insurance claim and considering her family's long history with State Farm, reached out to reinstate coverage. For an additional $30 per month, State Farm offered to upgrade her coverage from $25,000 to an impressive $1,000,000.
 
Tragically, State Farm took a perplexing turn following the aunt's passing. Instead of honoring the purchased $1 million coverage, they inexplicably reduced the policy to $25,000 without knowledge or consent from the remaining policyholder. The family later discovered the $1,000,000 declaration page, proving the woman had indeed purchased additional coverage.
 
State Farm admitted the existence of the $1 million policy but refused to fulfill its obligation, alleging the woman was fully at fault for the accident. However, on October 31, 2023, a Santa Fe jury ruled that the woman was not entirely at fault and that State Farm had breached the $1,000,000 contract, committed bad faith, and violated trade practices acts. The jury awarded the family $12,000,000 for the accident and an additional $24,000,000 in bad faith and breach of contract damages, with $20,000,000 as punitive damages to State Farm.
 
This $36,000,000 verdict provided the family with confirmation that the woman was not solely at fault for the accident, as State Farm claimed, and exposed the company's conduct as cruel and malicious. The legal outcome brought validation to the family's pursuit of justice in the face of State Farm's unethical practices.

A St. Charles County jury has awarded $75 million to the family of a man fatally struck by a driver fleeing from police.
 
The tragic incident occurred on Nov. 17, 2018, when the victim, driving a 2002 Ford Focus, was hit by a person driving a 1998 Dodge Durango at speeds exceeding 100 mph while evading a St. Charles County police officer.
 
As the five-year anniversary of the senseless death approaches, the family's attorneys released a statement expressing satisfaction that the voice of the St. Charles community has been heard through this verdict. The jury deliberated for about an hour before rendering a verdict, which included $50 million in actual damages and $25 million in punitive damages. The deceased was a promising musician at the time of his untimely death.
 
Originally, the family filed a lawsuit against St. Charles County, the pursuing officer, and the fleeing individual. The family claimed the officer ignored at least two orders to halt the pursuit. However, the county and the officer were excluded from the lawsuit based on laws protecting officers in their official capacities.
 
Subsequently, the family pursued an independent lawsuit against the fleeing individual, who is currently serving a 15-year prison term after pleading guilty to second-degree murder, resisting arrest, possession of a controlled substance, and DWI.

West Virginia has agreed to pay $4 million to settle a class-action lawsuit filed by inmates who cited inhumane conditions at a jail.
 
The disclosed figure awaits approval from a U.S. district judge, with the jury noting it is the maximum covered by the state's insurance. The lawsuit, filed on behalf of current and former inmates of the Southern Regional Jail in Beaver, pointed to inadequate access to water and food, overcrowding, and fights allowed to escalate until resulting in injuries. The named defendants include the state corrections commissioner (resigned in August 2022), then-Homeland Security Secretary (retired in July), Division of Corrections and Rehabilitation Executive Officer (fired recently), Assistant Corrections Commissioner (now appointed commissioner), and former Southern Regional Jail superintendent.
 
The $4 million settlement would be divided among over 9,000 inmates at the jail from September 2020. Defendants' attorneys did not contest the settlement in court. The Homeland Security Secretary mentioned the settlement as the "most favorable outcome for our state."
 
However, the settlement excludes other parties, such as two medical providers and seven county commissions housing inmates at the jail. Following a federal magistrate judge's recommendation for a default judgment due to the "intentional" destruction of records, the governor's administration and Homeland Security Chief Counsel changed last week.
 
Former and current corrections officials admitted during an October hearing that no measures had been taken to preserve evidence at the jail, including emails and documents.

A federal negligence lawsuit by a couple, following the tragic drowning of their two young children, primarily focused on the handling of the 911 call by the county's emergency center on December 31, 2019.
 
The incident occurred when their minivan slid on icy University Drive, near Red Roof Inn, and submerged in a pond. The couple contended that the county's 911 dispatchers were inadequately trained.
 
The county's own report acknowledged errors by two dispatchers, who have since resigned. The dispatcher handling the call spent excessive time trying to determine the location instead of instructing the caller to take immediate actions, such as opening windows and freeing the children from their restraints. According to the 911 center's report, it took emergency responders 14 minutes from receiving the call to rescue the family from the water.
 
The report also highlighted another dispatcher's mistake in categorizing the incident as an "accident" instead of a "vehicle in water," leading to a delayed response from the dive team.
 
To settle the lawsuit, St. Joseph County will pay $5 million, with approximately $4 million allocated to the grieving family who lost their 4-year-old son and 2-year-old daughter. Their infant son, then three months old, survived the incident. An additional $1 million will be awarded to the family's attorney.