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$5 million in tort claim funds to Indiana fair victims

by admin 10. December 2011 08:11
Indiana Attorney General Greg Zoeller announced the payment plan for distributing the maximum $5 million in tort claim funds to victims of the Indiana State Fair tragedy. With the amount the State has available for victims of the August 13 incident capped at $5 million, the payment protocol guarantees that at least $300,000 will be offered to the estates of each of the seven deceased victims in the stage rigging collapse. Sufficient funds remain to compensate 58 other surviving victims who were among the most seriously injured. The computation works out to payments that are approximately 65 percent of the value of medical bills victims documented when they submitted their claims to the State. Every seriously injured victim who submitted medical records will receive an offer of settlement.

Shortly after the August 13 disaster, Zoeller announced he would distribute the full $5 million in tort claim funds to victims on an expedited basis, without delays and costs from litigation regarding state liability. Zoeller brought in nationally-recognized victim-compensation expert Kenneth Feinberg, who administered victim compensation funds after 9/11, the Virginia Tech shootings and the BP Gulf oil spill, to assist the Attorney General’s Office in devising a protocol for distributing settlement payments to victims of the State Fair tragedy.

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1.2 million in damages for burn injuries from 190 degree water shot from a coffee machine

by admin 7. September 2011 09:27

A Cobb County jury awarded a Buford woman $1.2 million in damages for burn injuries she suffered from a cappuccino machine at a QuikTrip convenience store in 2007, her attorney said Wednesday. Cynthia Nance, 52, was scalded Halloween night 2007 at a store in Jackson County when 190-degree water shot from the coffee machine because a part had been removed for cleaning. Nance was burned on her hand and arm as she held a cup below the nozzle, said her attorney, Nelson Tyrone III. Tyrone said his client now suffers from a permanent nerve disorder called Reflex Sympathetic Dystrophy syndrome and could suffer lifelong repercussions. The suit was heard in Cobb State Court because QT is headquartered in that county, a representative of Tyrone’s firm said. A jury awarded $1.2 million in compensatory damages in late December, and the parties settled punitive damages out of court for an undisclosed amount. Tyrone said the company offered to settle with his client before trial for $88,000.

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Settlement Reached in Traffic Accident Death in Missouri

by admin 10. June 2011 07:43
The parents of a southwest Missouri girl who died in a traffic accident have reached a settlement in their wrongful death lawsuit. Andy and Debbie Smallwood of Carthage will receive $50,000 from American Family Insurance Group to settle their lawsuit against 20-year-old Jarub R. Baird. Baird is serving a prison sentence for manslaughter and vehicular assault after a December 2008 accident near Carthage. The Joplin Globe reports that Baird, who was 17 at the time, was speeding and lost control of his car.

The Smallwood's 15-year-old daughter, Hannah, died in the accident. Another passenger suffered a brain injury. Baird and another passenger suffered only minor injuries.

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AstraZeneca will pay $68.5 million multistate settlement

by admin 18. March 2011 03:50

AstraZeneca will pay $68.5 million as part of a multistate settlement over allegations that the drug
developer promoted its blockbuster psychiatric drug Seroquel for insomnia, Alzheimer's and other
unapproved uses. The New Jersey Attorney General's Office announced the agreement Thursday, describing it as the largest
multistate pharmaceutical settlement of its kind. New Jersey will receive $1.85 million from the deal with 36
other states and the District of Columbia as party to the settlement.

The states alleged that salespeople for AstraZeneca promoted its anti-psychotic Seroquel for off-label, or
unapproved uses, and did not disclose side effects of the pill, which include weight gain and muscle
spasms.

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Federal Judge Cuts Medicaid Lien in $12 Million Mold Settlement

by admin 15. September 2010 09:48
In a decision that is sure to grab the attention of the personal injury bar, a federal judge has ruled that a settling plaintiff cannot be automatically required to reimburse the Pennsylvania Department of Public Welfare for 100 percent of her Medicaid expenses because a settlement always reflects a compromise. The ruling by U.S. District Judge Berle M. Schiller comes just a few months after lawyers at Kline & Specter secured a settlement worth nearly $12 million in a "state-created danger" suit against the Philadelphia Housing Authority over persistent mold in a home that allegedly triggered an acute asthma attack and left a teenage girl brain damaged.

The settlement in McKinney v. PHA sparked a new court battle when lawyers for DPW moved to vacate the settlement and to intervene in the suit to assert a $1.2 million lien. As a result, Schiller said, DPW is entitled to two-thirds of its $1.2 million lien, minus fees and costs, for a final reimbursement award of about $537,000.

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$3.9 Million Settlement For Endoscopic Sinus Surgery Malpractice and Severe Eye Injury

by admin 20. August 2010 10:00
New Jersey trial attorney Adam Slater of the law firm Mazie Slater Katz & Freeman, LLC has obtained a $3.9 million medical malpractice settlement for a nurse who suffered severe complications, including extensive damage to her eye, resulting from negligently performed endoscopic sinus surgery, in Maria Kania v. Gangadhar S. Sreepada, M.D., Superior Court of New Jersey, Law Division, Passaic County, Docket No. PAS-L-1384-08.

According to the facts of the case, the plaintiff was injured during the routine sinus surgery procedure, which was intended to clear sinusitis from the plaintiff’s maxillary sinus, when the surgeon instead operated in the ethmoid sinus, cut through the side of the orbit of the eye, known as the lamina papyracea, and then severed the medial rectus muscle, which stabilizes and moves the eye. The plaintiff underwent intensive surgical efforts to repair the damage, but the eye could not be fully repaired. She was left with permanent double vision, optic nerve and corneal injury, glaucoma, disfigurement, and chronic pain. In addition, the plaintiff was unable to continue her work as a nurse.

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