In January 2001, James Cerdes, 27 fell about 20 feet while remodeling a house in Mantoloking and suffered severe brain injuries. Cerdes sued contractor Beachcraft Builders Inc. and a subcontractor, Michael Scully Inc. Selective Insurance Company. The subcontractor’s insurance company covered 75% of the settlement and Highland insurance covered 25%.
The settlement was in the amount of $941,600.
- Michael Booth, New Jersey Law Journal
On January, 1, 2003, Rosa Arteaga’s car was rear-ended by pick-up truck which forced them into a spin and into a concrete road median. Both her daughter and her mother were severely injured and died at the scene. The plaintiff claims that Sara Gibson, the woman in the pick-up truck was driving too fast in the rain.
After carefully inspecting the black box in Gibson’s truck, it was revealed that she was traveling at 73 mph with the cruise control, and she didn’t even hit the brake until a second before the crash. Arteaga was awarded $1.7M for her pain and suffering, emotional distress, and loss of her family members.
(This information was obtained from the New Jersey Law Journal)
A woman who claimed her small bowel and uterus were perforated during elective surgery agreed on Jan 3 to accept a $3 million settlement. On Aug 21, 2002 Beverly Askew underwent a hysterectomy and resection of fibroid tumors at Kennedy Memorial Hospital in Stratford. Perforations, detected later, led to septic shock, cardiac arrest, the loss of a kidney and further hospitalization.
Ross says that Askew still suffers pain and psychological stress and as a result is no longer able to work full time in retail furniture sales. Her suit in Camden County named the hospital and Dr. Dipak Delvadia, the latter of whom is an employee of the University of Medicine and Dentistry of New Jersey.
- Michael Booth, New Jersey Law Journal
(In the extended entry you will find an example of interrogatory questions and answers for the plaintiff when a claim is filed. Please contact our office at 1-866-778-5500 if you have any questions)
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After prevailing in appeals and post-trial motions, an Absecon woman has collected $8.25 million in a suit over a delayed blood transfusion that led to brain damage. The recovery stemmed from a 2003 Atlantic County jury award of $22 million to Ana Gomez on her claim that blood was delivered to the operating room in 70 minutes, instead of the usual 20, because of understaffing at the hospital blood bank. At the time, she was giving birth at Atlantic City Medical Center.
Gomez cannot use her limbs, cannot speak and requires full time care. The jury apportioned 65 percent of the total to Atlantic City Medical Center, which had settled during trial for $250,000, the limit of its liability under the Charitable Immunity Act. The remaining 35 percent, or $7.7 million, was apportioned to blood bank director Ali Daneshvar. The third defendant, obstetrician Phyllis Perkins, who was covered by insolvent insurance carrier PHICO, settled at trial for the $300,000 coverage limit of the state Insurance Guaranty Fund, bringing Gomez's total to $8.25 million.
Continue reading "$8.25M Medical Delay causing Brain Damage" »
