Personal Injury News: Pick Of Last Month: October-2021

Families of the children who were harmed and died in a mishap at a pediatric nursing facility in Passaic County in 2018 due to a viral outbreak will receive a $6.2 million settlement.

As per the court documents, 35 children were infected, and 11 died because of adenovirus, a typically mild illness that affected the weakened immune of the disabled children residing at Wanaque. One of the employees of the facility also got infected.

The families of the plaintiffs have filed the wrongful death lawsuit accusing that the center did not inform the parents about the outbreak and even delayed transferring the children to the hospital for further treatment even after repeatedly pleaded by their family members.

The plaintiff's attorney said that the families of the children are satisfied with the settlement and hope that such an incident does not happen in the future. He added that the children who survived the infection were close to death and spent months at the hospital.

The U.S. Centers for Medicare and Medicaid Services investigated the mishap and concluded that the outbreak was the result of the absence of leadership, the lack of an infection control plan and an absentee medical director.

Lawsuits involving hundreds of patients who alleged a now-retired Munster doctor and healthcare providers for performing and billing unnecessary cardiac procedures have been settled for $66.5 million.

The settlement announcement was made by two law firms from Indianapolis and Merrillville, but the terms of the settlement were maintained confidential.

In October 2014, the Indianapolis-based law firm had announced that 20 medical malpractice lawsuits were filed against the doctor and his associates at Cardiology Associates of Northwest Indiana P.C. (CANI) and Community Hospital of Munster.

The defendants were already facing a whistleblower complaint in the Indiana Northern District Court, which got settled without adjudication of liability. The number of claims later grew to nearly 300, with each asserting the same underlying issue.

The multi-million-dollar settlement announcement brought an end to the long-running litigation against the northwest Indiana cardiologist and his associates. However, the scale and specifics of the allegations against the defendants have been stated to be difficult to distinguish.

The settlement amount also includes a partial payment by the Indiana Patient's Compensation Fund. It covers malpractice claims beyond the limit of $250,000 and up to a statutory cap of $1.25 million.

One of the incidents included where the doctors unnecessarily elongated the process of medications for the victim who suffered from an electrical shock. The plaintiff filed a lawsuit with allegations against the defendants of implanting a pacemaker for unnecessary reasons and prescribing a substantial dose of heart medication for unclear reasons.

Another case alleged the defendants of implanting a defibrillator to prevent sudden cardiac death which was also an unnecessary attempt of the defendants to elongate the tenure of treatment. The plaintiff sued the defendants for $3 million in pain and suffering because of the implantation of the unwanted device. 

The mother of a 14-year-old teenage girl who drowned at Hillsboro’s Shute Park Aquatic & Recreation Center has sued the city, the Hillsboro School District and pool equipment businesses for $70 million.

As per the court documents, the girl was a member of the Liberty High School swim team and an apprentice at Oregon Episcopal School. On November 20, 2019, she was found dead under a pool cover after a team practice session.

The lawsuit alleges that the coaches instructed the swimmers to cover the pool with heavy covers, which would create suction after being rolled out on the water. Some of the swimmers noticed that the deceased girl was missing during the process of covering the pool.

The girl's mother was waiting in the parking area for her daughter, but she noticed that all the team members exited the facility without her daughter. The mother instantly went inside the center to search for the girl when she found her daughter's unresponsive body inside the pool under the covers.

The lawsuit even alleges Universal Filtration Inc., manufacturer of ThermGard pool covers for the poor design of the product which resulted in the girl's death. Pool and Spa House, a seller of the covers is also included as the defendant in the lawsuit.

A federal jury awarded a $1.7 million settlement to the family of a 19-year-old Middletown teen who lost his life while working at Six Flags Great Adventure in 2017.

As per the court documents, the plaintiff was a 2016 graduate of Middletown High School North training to be an electrician. On September 1, 2017, he was stringing up lights when the incident took place at the Great Adventure park where he was working as an apprentice.

He was working as a spotter and walking beside the machine when the front tire of an aerial work platform hit him. Another employee who was present at the scenario reversed the machine to save the plaintiff. The plaintiff was soon rushed to Jersey Shore University Medical Center by helicopter. However, he succumbed to the injuries on the very next day.

The family of the deceased alleged that the company did not provide sufficient training to its employees to operate the machine safely. The death of the boy had a huge impact on many lives, including his teachers, friends and relatives as he was very humorous, smart, unique, respectful and polite.

Godiva, an international Belgian chocolate manufacturer has agreed on a  $15 million settlement as the U.S. consumers alleged that the brand misled the users.

As per the court documents, the plaintiffs allege that the company is misguiding the consumers as a majority of Godiva chocolate's production takes place in Pennsylvania, whereas the company's slogan "Belgium 1926” made the users believe that it is made in Belgium.

It is not the first incident that the company has faced such a lawsuit regarding misleading information. Many consumers have sued the company on similar allegations in the past, as the company rigidly advertises that all its products are made in Belgium.

As per the reports, the company is ready to pay a settlement of $15 million. It is also notified that anyone who has bought Godiva chocolate after January 31, 2015, in the United States would get &1.25 per Godiva chocolate product as a settlement. The agreement is yet to get approval from the jury.

A federal jury has awarded a $25 million settlement to the families of 52 people who were killed, injured or traumatized in the shooting incident at a Florida high school.

The incident took place in 2018 when a former student walked onto the campus of the school shot 34 people, killing 17 and wounding 17 others. One of the severely injured students is seeking a separate settlement with the school district.

As per the agreement, the maximum amount from the settlement would be awarded to the families of the 17 students and adults killed in the mishap. The plaintiffs' attorney stated that the agreement would provide fair justice and compensation to the affected families. The agreement will also cover 19 people present at the high school and suffered from trauma because of the shooting. The claim would not require approval from Florida's legislature, considering the severeness of the mishap.

The defendant's lawyers said their client would plead guilty on 34 counts of murder and attempted murder. It will further determine if the defendant will receive a death penalty in the crime.

Earlier, a federal jury has announced a $5.5 million settlement to a man who got paralyzed due to an accidental shooting in Poconos.

The incident took place at Threat Assessment and Tactical Solutions (TATS), a Stroudsburg shooting range that is closed post the episode. The 48-year-old plaintiff was a target, and the aggressor shot him as a part of the simulation. The aggressor shot him from behind the car, and the bullet got lodged in the plaintiff's spinal cord.

The suit claimed that the host and the organizers of the event failed to follow standard safety procedures before the exercise, which resulted in the mishap. The plaintiff's lawyer argued that the $5.5 million settlement is comparatively less, as compared to his lifetime care and lost earnings which are estimated at more than $11 million.

In a similar lawsuit, the family of a man who was shot by police in Louisiana has agreed to receive a $4.5 million settlement after five years of his death.

The deceased man was a 37-year-old father of five who got killed on July 5, 2016, outside a convenience store by Baton Rouge police officers. The man's death resulted in nationwide protests. Attorneys for the man sued the city, its police department and former police chief, and the two officers for the incident.

The officer who shot the man was fired in March 2018. Another officer was suspended for three days who wrestled the deceased to the ground. 
The lawyers of the family said that the settlement would provide financial stability to the man's family. Earlier, three settlement offers were rejected by East Baton Rouge Metro Council, and the final agreement was approved in February.

The family has even alleged that the shooting was a part of racist behavior and excessive force by Baton Rouge police. The Mayor of the city said that the settlement is important for the community and will also ensure that no such offense takes place with any other family in Baton.

East Baton Rouge Parish’s insurance reserve funds will be used to pay $1 million to the deceased children, whereas the remaining money will be paid in installments from the annual operating budget over the next four years.